Florida Public Service Commission native order document 00077-2023

FILED 1/5/2023
DOCUMENT NO. 00077-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery
clause with generating performance incentive
factor.
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DOCKET NO. 20230001-EI
ORDER NO. PSC-2023-001 7-CFO-EI
ISSUED: January 5, 2023
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION (DOCUMENT NO. 02749-2020)
On April 19, 2022, pursuant to Section 366.093, Florida Statutes (F .S.), a nd Rule 25-
22.006, Florida Administrative Code (F.A.C.), Florida Power & Light Company (FPL) filed its
First 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.
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 a nd
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-2023-0017-CFO-EI
DOCKET NO. 20230001-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-2023-0017-CFO-EI
DOCKET NO. 20230001-EI
PAGE 3
ORDERED 	by 	Mike 	La 	Rosa, 	Prehearing 	Officer, 	that 	Florida 	Power 	& 	Light
Company’s First 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 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

ORDER NO. PSC-2023-0017-CFO-EI
DOCKET NO. 20230001-EI
PAGE 4
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.