Florida Public Service Commission native order document 02607-2023

FILED 4/11/2023
DOCUMENT NO. 02607-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery
clause with generating performance incentive
factor.
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DOCKET NO. 20230001-EI
ORDER NO. PSC-2023-0126-CFO-EI
ISSUED: April 11 , 2023
ORDER GRANTING DUKE ENERGY FLORIDA, LLC' S REQUEST
FOR CONFIDENTIAL CLASSIFICATION (DOCUMENT NO. 00803-2023)
On January 31, 2023, pursuant to Section 366.093, Florida Statutes (F .S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Duke Energy Florida, LLC (DEF) filed a request
for confidential classification (Request) to portions of its Form 423 Fuel Report for the reporting
months of October through December, 2022 (the 423 Report) (Document No. 00803-2023).
Request for Confidential Classification
DEF contends that de signated portions of the information contained in the 423 Report
constitute proprietary confidential business information entitled to protection under Section
366.093, F.S., and Rule 25-22.006, F.A.C. 	DEF asserts that this information is intended to be
and is treated by DEF as private and has not been publicly disclosed.
DEF 	provides 	in 	Attachment 	C to 	its Request a 	matrix providing 	a 	description,
ju stification, a nd support for confidential classification of the information in each section of the
423 Report (Forms 423-lA , 2, 2A, and 2B) on a line-by-line, column-by-column basis.
DEF requests confidential classification for this information for a period exceeding 18
months. 	According to Section 366.093(4), F.S., confidential classification may only extend for
up to 18 months from the issuance of an Order granting confidential classification unless "the
Commission finds, for good cause, that the protection from disclosure shall be for a specified
longer period." 	DEF requests that the information be treated as confidential for a period of 24
months.
In support of its Request for extended confidential treatment found in Attachment B, DEF
asserts that the information 	in Document No. 05062-2022 	is comprised of the fuel 	a nd
transportation contracts from which the costs in the 423 Report are derived and which contain
annual 	price 	adjustment provision s. 	DEF 	asserts 	that 	if existing 	or potential 	fuel 	and
transportation suppliers were to obtain confidential contract pricing information for a prior
reporting month within the currently effective 12-month adjustment period, current pricing
information 	would be 	disclosed. 	In 	addition, 	DEF 	contends 	that 	if contractual 	pricing
information for a reporting month in the previous 12-month adjustment period were to be
obtained, the information would be only one adjustment removed from the current price. DEF
argues that suppliers knowledgeable in the recent escalation experience of their market could
readily calculate a reasonably precise estimate of the current price.

ORDER NO. PSC-2023-0126-CFO-EI
DOCKET NO. 20230001-EI
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To guard against providing suppliers with such a competitive advantage, DEF asserts that
confidential information must be protected from disclosure for the initial 12-month period in
which it could remain current, and for the following 12-month period in which it can be readily
converted into essentially current information. As an example, DEF explains if information for
the first month under an adjusted contract price is reported in May of Year 1, the information
will remain current through April of Year 2 and that thereafter, the initial May of Year 1
information will be only one escalation adjustment removed from the current information
reported each month through April of Year 3. If confidential classification of the May of Year 1
information were to expire after 18 months, DEF contends suppliers would be able to accurately
estimate current prices in October of Year 2 using information that was current only six months
earlier.
DEF further contends that an 18-month confidentiality period would effectively waste the
protection given in the first six months of the second 12-month pricing period (months 13
through 18) by disclosing information of the same vintage in the last six months of the pricing
period. DEF asserts that the information disclosed in months 19 through 24 would be equally as
detrimental in terms of revealing the current price as the information protected from disclosure
during the preceding six months. 	To make the protection provided in months 13 through 18
meaningful, DEF argues it must be extended through month 24. 	DEF further argues that
extending the confidentiality period by six months would mean that the information will be one
additional price adjustment further removed from the current price at the time of disclosure.
Ruling
Section 366.093(1), F.S., provides that records the Florida Public Service Commission
(Commission) has found to contain proprietary business information shall be kept confidential
and shall be exempt from Chapter 119, F.S. 	Section 366.093(3), F.S., defines proprietary
confidential business information as information that is intended to be and is treated by the
company as private, in that disclosure of the information would cause harm to the company’s
ratepayers or business operations, and has not been voluntarily disclosed to the public. 	Section
366.093(3), F.S., provides that proprietary confidential business information includes, but is not
limited to:
(d) 	Information concerning bids or other contractual data, the disclosure of
which would impair the efforts of the public utility or its affiliates to contract
for goods or services on favorable terms.
Upon review, it appears the above-referenced information satisfies the criteria set forth in
Section 366.093(3), F.S., for classification as proprietary confidential business information. The
information constitutes “information concerning bids or other contractual data, the disclosure of
which would impair the efforts of the public utility or its affiliates to contract for goods or
services on favorable terms.” 	Thus, the information identified in Document No. 00803-2023
shall be granted confidential classification.

ORDER NO. PSC-2023-0126-CFO-EI
DOCKET NO. 20230001-EI
PAGE 3
Section 366.093(4), F.S., provides that any finding by the Commission that records
contain proprietary confidential business information shall be effective for a period not to exceed
18 months, absent good cause shown. 	DEF has shown good cause to extend the period of
confidentiality to 24 months. 	Accordingly, the information identified in Document No. 00803-
2023, shall be granted confidential classification for a period of 24 months from the issuance of
this Order. At the conclusion of the 24-month period, the confidential information will no longer
be exempt from Section 119.07(1), F.S., unless DEF or another affected person shows, and the
Commission finds, that the records continue to contain proprietary confidential business
information.
Based on the foregoing, it is
ORDERED by Commissioner Mike La Rosa, as Prehearing Officer, that Duke Energy
Florida, LLC’s Request for Confidential Classification of Document No. 00803-2023 is granted.
It is further
ORDERED that the information in Document No. 00803-2023, for which confidential
classification has been granted, shall remain protected from disclosure for a period of 24 months
from the date of issuance of this Order. It is further
ORDERED that this Order shall be the only notification by the Commission to the parties
of the date of declassification of the materials discussed herein.
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 11th day of
April, 2023.
Mike La Rosa
Commissioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: 	A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
SBr

ORDER NO. PSC-2023-0126-CFO-EI
DOCKET NO. 20230001-EI
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NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing or judicial review of Commission orders
that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and
time limits that apply. 	This notice should not be construed to mean all requests for an
administrative hearing or judicial review will be granted or result in the relief sought.
Mediation may be available on a case-by-case basis. 	If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
Any 	party 	adversely 	affected 	by 	this 	order, 	which 	is 	preliminary, 	procedural 	or
intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25-
22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in
the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case
of a water or wastewater utility. 	A motion for reconsideration shall be filed with the Office of
Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code.
Judicial review of a preliminary, procedural or intermediate ruling or order is available if review
of the final action will not provide an adequate remedy. Such review may be requested from the
appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate
Procedure.