Florida Public Service Commission native order document 08973-2024

FILED 9/11/2024
DOCUMENT NO. 08973-2024
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. 20240001-EI
ORDER NO. PSC-2024-0423-CFO-EI
ISSUED: September 11 , 2024
ORDER GRANTING DUKE ENERGY FLORIDA, LL C' S
SE COND REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 01546-2020)
On October 9, 2023, 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
Second 	Request for Extension of Confidential Classification (Request) 	of the Proposed
Recommended Orders (PROs) filed by Co mmission staff, the Office of Public Counsel (jointly
with the Florida Industrial Power Users Group and PCS Phosphate-White Springs), and DEF
(Document Nos. 01546-2020). 	This material was originally granted confidentiality by Order
No. PSC-2020-0376-CFO-EI, issued on October 16, 2020, and confidentiality was extended by
Order No. PSC-2022-0160-CFO-EI, issued April 27, 2022.
Request for Confidential Classification
DEF 	contends 	that 	the 	information 	contained in these PROs, 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 a nd is treated by DEF as private
a nd has not been publicly disclosed.
The 	information contained in these PROs consists of operational, design, and cost
information associated with the Mitsubis hi steam turbine connected to DEF' s Bartow Unit 4
power plant, which is proprietary to Mitsubis hi . 	Disclosure of the PROs would reveal this
proprietary third-party 	owned 	information resulting in competitive ha rm to Mitsubishi and
potentially impairing DEF's ability to contract for goods and services on favorable terms in
the future, as vendors would charge a premium if DEF could not protect their information.
DEF 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 a nd shall be exempt from Chapter 11 9, 	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-2024-0423-CFO-EI
DOCKET NO. 20240001-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 continues to
satisfy the criteria set forth in Section 366.093(3), F.S., for classification as proprietary
confidential business information. The pricing terms in vendor and third-party contracts 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. 01546-2020 shall be granted extended 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 	Commissioner Gabriella Passidomo, 	as 	Prehearing Officer, 	that
Duke Energy Florida, LLC's Second Request for Confidential Classification of Document
No. 01546-2020, is granted, as set forth herein. It is further
ORDERED 	that 	the 	information 	in 	Document 	No. 	01546-2020, 	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.

PSC-2024-0423-CFO-EI
11th
September 2024
ORDER NO.
DOCKET NO. 20240001-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of -------
SBr
Gabriella Passidomo
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.
NOTICE OF FURTHER PROCEEDINGS OR JUD ICIAL 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: (I) reconsideration within IO 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.