Order No. PSC-2023-0050-CFO-EI•Florida Public Service Commission native order document 00234-2023
Florida Public Service Commission native order document 00234-2023
Order No. PSC-2023-0050-CFO-EIFlapubserv
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FILED 1/13/2023 DOCUMENT NO. 00234-2023 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Fuel and purchased power cost recovery clause with generating performance incentive factor. -----------------~ DOCKET NO. 20230001-EI ORDER NO. PSC-2023-0050-CFO-EI ISSUED: January 13, 2023 ORDER GRANTING FLORIDA POWER & LIGHT COMPANY'S REQUEST FOR CONFIDENTIAL CLASSIFICATION (DOUMENT NO. 04751-2022) On July 14, 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 a Request for Confidential Classification (Request) of its response to Commission staffs (Staff) First Request for Production of Documents No . 1 and Staffs Third Set oflnterrogatories No . 21 (Document No. 04751-2022). Request for Confidential Classification FPL contends that the information contained in its response to Staffs First Request for Production of Documents No. 1 and Staff's Third Set of Interrogatories No. 21 constitutes proprietary confidential business information entitled to protection under Section 366.093, F.S., and Rule 25-22.006, F.A.C. FPL asserts that this information is intended to be and is treated by FPL as private and has not been publicly disclosed. The information contained in FPL's response to Staffs Third Set of Interrogatories No . 21 consists of capacity deliveries and payments for the Exelon Generation and Rainbow Energy contracts for the period January through February 2022. This information, if disclosed, could impair the efforts of FPL to contract for goods and services on the most favorable terms. The information contained in FPL's response to Staff's First Request for Production of Documents No. 1 consists of materials and maintenance procedures associated with the March 2021 Turkey Point Unit 3 outage. This information, if disclosed, could impair the competitive interests of both FPL and the company who designed and constructed Turkey Point Unit 3. For these reasons FPL argues that this information is protected by Sections 366.093(3)(d) and (e), F.S. 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:
ORDER NO. PSC-2023-0050-CFO-EI DOCKET NO. 20230001-EI PAGE 2 (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 information and data provided in this request satisfies the criteria set forth in Section 366.093(3), F.S., for classification as proprietary confidential business information. The materials and maintenance procedures associated with the March 2021 Turkey Point Unit 3 outage, if disclosed, could affect the competitive interests of FPL and its third party contractor. Further, the disclosure of the price and amount of capacity purchased from third parties in 2021 could adversely impact FPL’s ability to purchase capacity on the most favorable terms. Thus the information identified in Document No. 04751-2022 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. At the conclusion of the 18-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 Commissioner Mike La Rosa, as Prehearing Officer, that Florida Power & Light Company’s Request for Confidential Classification of Document No. 04751- 2022, is granted, as set forth herein. It is further ORDERED that the information in Document No. 04751-2022, for which confidential classification has been granted, shall remain protected from disclosure for a period of up to 18 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.
ORDER NO. PSC-2023-0050-CFO-EI DOCKET NO. 20230001-EI PAGE 3 By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 13th day of January, 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.
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