Florida Public Service Commission native order document 03240-2026

FILED 6/1/2026
DOCUMENT NO. 03240-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery 	DOCKET NO. 20260001 -EI
clause with generating performance incentive 	ORDER NO. P SC-2026-0 184-CFO-EI
factor._ ISSUED: June 	1, 2026
ORDER GRANTING DUKE ENERGY FLORIDA. LLC’S THIRD
REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO, 11601-2020, X-REF. 11656-2020 AND 12399-2020)
On January 	12, 2026, 	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 	its
Third 	Request 	for 	Extension of Confidential 	Classification 	(Request) of the 	Florida 	Public
Service Commission’s (Commission) Order No. PSC-2020-0368A-FOF-EI, issued October 29,
2020 	(Document 	No. 	11601-2020, 	x-ref. 	11656-2020 	and 	12399-2020). 	This 	order was
originally 	granted 	confidentiality by Order No. PSC-2021-0046-CFO-EI, 	issued January 	25,
2021, 	and 	confidentiality was 	extended by 	Order No. 	PSC-2023-0023-CFO-EI, 	issued on
January 	5, 	2023. 	Order 	No. 	PSC-2024-0242-CFO-EI, 	granted 	a 	second 	extension 	of
confidentiality for this material on July 	15, 2024.
Request 	for Confidential 	Classification
DEF 	contends 	that 	the 	information 	contained in Order No. PSC-2020-0368A-FOF-EI,
more 	specifically 	described 	in 	Exhibit C 	to 	its 	Request, 	continues 	to 	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.
The 	information 	contained 	in 	Order 	No. 	PSC-2020-0368A-FOF-EI 	consists 	of
operational, design, and cost information associated with the Mitsubishi steam turbine connected
to DEF’s Bartow Unit 4 power plant which 	is proprietary to Mitsubishi. 	Order No. PSC-2020-
0368A-FOF-EI 	also 	includes 	the Administrative Law Judge’s Recommended Order and Duke
Energy 	Florida, 	LLC’s, 	the 	Intervenors’, 	and Commission 	staffs 	Proposed Recommended
Orders which have previously been granted confidential 	status. 1 Disclosure of Order No. PSC-
2020-0368A-FOF-EI would reveal 	this 	proprietary 	third-party owned 	information 	resulting 	in
competitive harm 	to Mitsubishi and potentially impairing DEF's 	ability to 	contract 	for 	goods
and 	services on favorable 	terms 	in the 	future as vendors would 	refuse to do business with DEF
if DEF could not protect 	their 	information. DEF 	argues 	that 	this 	information 	is protected by
Paragraphs 366.093(3)(d) and 	(e), F.S.
1 Order No. PSC-2020-0377-CFO-EI, 	issued October 	16, 2020, 	in Docket No. 20200001-EI, In 	re: Fuel and
purchased power cost recovery clause with generating performance incentive factor; Order No. PSC-2020-0376-
CFO-EI, issued October 	16, 2020, 	in Docket No. 20200001-EI, In 	re: Fuel and purchased power cost recovery
clause with generating performance incentive factor.

ORDER NO. PSC-2026-0184-CFO-EI
DOCKET NO. 20260001-EI
PAGE 2
Ruling
Subsection 	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. Subsection 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. Subsection
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 information and data provided in this request continues to
satisfy the criteria set forth in Subsection 366.093(3), F.S., for classification as proprietary
confidential business information. The operational, design, and cost information for the DEF’s
Bartow Unit 4 power plant discussed in Order No. PSC-2020-0368A-FOF-EI appear 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. 11601-2020, x-ref. 11656-2020 and 12399-2020, shall be granted confidential
classification.
Pursuant 	to Subsection 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 Subsection 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 hereby
ORDERED 	by 	Commissioner Gary F. Clark, 	as Prehearing Officer, that 	Duke
Energy Florida, LLC's Third 	Request for Extension of Confidential 	Classification of
Document No. 11601-2020, x-ref. 11656-2020 and 12399-2020, is granted, as set forth
herein. It is further

ORDER NO. PSC-2026-0184-CFO-EI
DOCKET NO. 20260001-EI
PAGE 3
ORDERED that the information in Document No. 11601-2020, x-ref. 11656-2020
and 12399-2020, 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.
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.

ORDER NO. PSC-2026-0184-CFO-EI
DOCKET NO. 20260001-EI
PAGE 4
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.