Florida Public Service Commission native order document 00914-2023

FILED 2/6/2023
DOCUMENT NO. 00914-2023
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-2023-0069-CFO-EI
ISSUED: February 6, 2023
ORDER GRANTING SECOND REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION (DOCUMENT NO. 10278-2022, X-REF. 06162-2022)
On September 9, 2022, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Florida Power & Light Company (FPL) filed 	its
Second Request for Extension of Confidential Classification (Request) of certain information
provided pursuant to Audit No. 2017-048-4-1 	and a revised version of the original audit
(Document 	No. 	06162-2022). 	This 	information 	was 	previously 	granted 	confidential
classification 	by 	Order 	No. 	PSC-201 7-0425-CFO-EI, issued 	on 	November 6, 	2017, 	and
confidentiality was extended by Order No. PSC-2019-0340-CFO-EI, issued August 21, 2019.
On October 26, 2022, FPL filed a corrected Second Revised Audit No. 2017-048-4-1, Document
No. 	10278-2022. 	At FPL's request, Document No. 06162-2022 was returned to FPL on
November 2, 2022.
Request for Confidential Classification
FPL contends that the information provided pursuant to the Second Revised Audit No.
2017-048-4-1 contains information of a confidential nature, which is proprietary confidential
business information within the meaning of Section 366.093(3), Florida Statutes.
FPL contends that the information is proprietary and confidential business information
within the meaning of Section 366.093(3), F.S. 	This information is intended to be and is treated
by FPL as private, and its confidentiality has been maintained. This information includes audit
work papers listing counterparties, settlement reports, invoices, and transactions associated with
natural gas hedging transactions for 2016. 	FPL contends that this contract information is
protected by Section 366.093(3)(b), F.S. 	FPL further contends that the disclosure of this data
would impair FPL's efforts to procure natural gas on the most favorable terms and would impair
the competitive interests of both FPL and its counterparties. 	Thus, FPL contends that this
material is protected by Section 366.093 (d), F.S.
FPL further contends that this information relates to competitive interests, the disclosure
of which would impair the competitive business of FPL, its affiliates, and its parent company,
NextEra Energy. Such information is protected pursuant to Section 366.093(3)(e), F.S.
Ruling
Section 366.093(1), F.S., provides that records the 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

ORDER NO. PSC-2023-0069-CFO-EI
DOCKET NO. 20230001-EI
PAGE 2
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.
(e) 	Information relating to competitive interests, the disclosure of which
would impair the competitive business of the provider of the information.
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 	described 	above 	appears 	to 	be 	information 	concerning 	contractual 	data 	and
competitive interests, the disclosure of which would impair the efforts of FPL to negotiate the
lowest price for natural gas or impair the competitive business of FPL and its counterparties.
Further, it appears that nothing has changed since the issuance of Order No. PSC-2019-0340-
CFO-EI which would alter the confidential nature of these materials. 	Thus, the information
identified in Document No. 10278-2022, x-ref. 06162-2022, shall be granted confidential
classification.
Pursuant to Section 366.093(4), F.S., the information for which confidential classification
is granted herein shall remain protected from disclosure for a period of up to 18 months from the
date of issuance of this Order unless good cause is shown that protection from disclosure shall be
for a specified longer period. FPL has requested that these materials be given confidentiality for
a period of 36 months. 	FPL argues that the materials for which continued confidentiality is
requested are audit materials which the Commission retains for a seven year period. The nature
of these materials will not change in the next three years. 	Given these facts, administrative
efficiency is served by extending the period of confidential classification for these materials for a
period of 36 months. At the conclusion of the 36 month period, the confidential information will
no longer be exempt from Section 119.07(1), F.S., unless FPL 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 hereby
ORDERED 	by 	Mike 	La 	Rosa, 	Prehearing 	Officer, 	that 	Florida 	Power 	& 	Light
Company’s Second Request for Extension of Confidential Classification of Document No.,
10278-2022, x-ref. 06162-2022, is granted. 	It is further
ORDERED that the information in Document No. 10278-2022, x-ref. 06162-2022, for
which confidential classification has been granted, shall remain protected from disclosure for a
period of up to 36 months from the date of issuance of this Order. It is further

ORDER NO. PSC-2023-0069-CFO-EI
DOCKET NO. 20230001-EI
PAGE 3
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 6th day of
February, 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
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.