Florida Public Service Commission native order document 00074-2023

FILED 1/5/2023
DOCUMENT NO. 00074-2023
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-2023-0014-CFO-EI
ISSUED: January 5, 2023
ORDER GRANTING DUKE ENERGY FLORIDA, LLC'S
SECOND REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 06152-2018, X-REF. 05770-2018)
On April 19, 2022, Duke Energy Florida, LLC (DEF) filed its Second Request for
Extension of Confidential Classification of Audit No. 2018-058-2-1 (Document No. 06152-2018,
x.ref. 05770-2018 ). 	On September 20, 2018, pursuant to Section 366.093, Florida Statutes
(F.S.), and Rule 25-22.006, Florida Administrative Code (F.A.C.), DEF filed its original Request
for Confidential Classification (Request) for Audit No. 2018-058-2-1 (Document No. 06152-
2018, x.ref. 05770-2018). 	Audit No. 2018-058-2-1 was originally granted confidentiality by
Order No. PSC-2018-0508-CFO-EI, issued on October 22, 2018. 	Confidentiality for this
material was extended by Order No. PSC-2020-0391-CFO-EI, issued on October 19, 2020.
Request for Confidential Classification
DEF 	contends that 	the 	information provided pursuant 	to Audit No. 2018-058-2-1
continues to contain information of a confidential nature, which is proprietary confidential
business information within the meaning of Section 366.093(3), F .S.
DEF 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 DEF as private, and its confidentiality has been maintained. This information includes details
about DEF' s 	fuel 	hedging volume, practices 	and 	procedures, 	forecasts, 	and percentages.
Disclosure of this type of information would allow the opportunity for market manipulation
through transactions made in anticipation of the company's entry into the market which would
result in higher prices for natural gas. Therefore, DEF contends that this information is protected
by Section 366.093(3)(e), F.S. Further, releasing the bid and contract data contained in the audit
would impair the competitive businesses of both DEF and its suppliers in violation of Section
366.093(3)(d), F.S.
Ruling
Section 366.093(1), F.S., provides that records the Commission has found to contain
proprietary business information sha ll be kept confidential and sha ll 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-2023-0014-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 service on favorable terms.
(e) 	Information relating to competitive interests, the disclosure of which would
impair the competitive business of the provider of the information.
Nothing has changed since the extension of classification of Audit No. 2018-058-2-1
materials as confidential in October 2020. 	Upon review, it appears the above-referenced
information 	continues 	to 	satisfy 	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 fuel hedging volume, practices and procedures, forecasts,
and percentages, the disclosure of which could impair the competitive business of both DEF and
its vendors. 	Thus, the information identified in Document No. 06152-2018, x.ref. 05770-2018,
shall continue to 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 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 Mike La Rosa, as Prehearing Officer, that Duke Energy Florida, LLC’s
Second Request for Extension of Confidential Classification for portions of Audit No. 2018-058-
2-1 (Document No. 06152-2018, x.ref., 05770-2018) is granted. 	It is further
ORDERED that the information in Document No. 06152-2018, x.ref., 05770-2018, 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-2023-0014-CFO-EI
DOCKET NO. 20230001-EI
PAGE 3
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 5th 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.