Florida Public Service Commission native order document 03242-2026

Order No. PSC-2026-0186-CFO-EIFlapubserv

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FILED 6/1/2026
DOCUMENT NO. 03242-2026
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. 20260001 -EI
ORDER NO. PSC-2026-0186-CFO-EI
ISSUED: June 	1, 2026
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY’S
AMENDED SECOND REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION (DOCUMENT NO, 02749-2020, X-REF. 02461-2020)
On May 	27, 	2026, 	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
Amended Second 	Request 	for 	Extension 	of Confidential 	Classification 	(Request) 	of 	certain
information provided pursuant 	to Audit No. 	2020-007-4-1 (Document No. 	02749-2020, 	x-ref.
02461-2020). 	This document was 	originally 	granted 	confidentiality by Order No. PSC-2020-
0387-CFO-EI, issued October 	19, 2020. 	Confidentiality was extended by Order No. PSC-2023-
0017-CFO-EI, issued January 5, 2023.
Request for Confidential Classification
FPL contends that the information provided pursuant to Audit No. 2020-007-4-1 	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
internal auditing controls, reports, notes of internal 	auditors, and information relating to 	internal
auditing 	reports 	issued 	in 	2019. 	Pricing and 	other 	terms, payment 	records, and vendor and
supplier 	rates, 	as well 	as 	information 	related 	to 	the purchase and 	sale of energy and 	capacity,
natural gas, and natural gas storage are also included in 	this information. 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 	contract 	for energy and 	capacity-related
goods and 	services 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.
Finally, 	under 	Section 	366.093(4), 	F.S., 	the 	information 	for 	which 	confidential
classification 	is granted remains protected from disclosure up to 18 months unless good cause 	is
shown to grant protection from disclosure for a longer period. 	Currently, the Commission retains
audit reports 	for a period of seven years 	at which time 	the 	audit materials 	are returned 	to FPL
unless Commission 	staff or another affected person requests 	that these audit materials continue
ORDER NO. PSC-2026-0186-CFO-EI
DOCKET NO. 20260001-EI
PAGE 2
to be retained. FPL states that the nature of these materials will not change over the next three
years. In order to promote administrative efficiency, FPL requests that confidential classification
for these audit materials be given for a period of thirty-six (36) months.
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
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:
(b) Internal auditing controls and reports of internal auditors.
(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 continues to
satisfy the criteria set forth in Section 366.093(3), F.S., for classification as proprietary
confidential business information. The information related to pricing terms and payment records
appears to be “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” and “information relating to competitive interests, the disclosure of which
would impair the competitive business of the provider of the information.” Thus the information
identified in Document No. 02749-2020, x-ref. 02461-2020 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. 	Due to the unchanging nature of these audit materials and our
seven year retention time for these audit materials, good cause is present to extend the
confidentiality period to 36 months from the date of issuance of this Order. 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
ORDER NO. PSC-2026-0186-CFO-EI
DOCKET NO. 20260001-EI
PAGE 3
ORDERED by Gary F. Clark, Prehearing Officer, that Florida Power & Light Company’s
Amended Second Request for Extension of Confidential Classification of Document No. 02749-
2020, x-ref. 02461-2020, is granted. It is further
ORDERED that the information in Document No. 02749-2020, x-ref. 02461-2020, 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
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 Gary F. Clark, as Prehearing Officer, this 1st day of June,
2026.
GARY F. CLARK
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-
ORDER NO. PSC-2026-0186-CFO-EI
DOCKET NO. 20260001-EI
PAGE 4
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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