TALLAHASSEE, Florida, June 17 (TNSsro) -- The Florida Public Service Commission issued the following order granting request for confidential classification (DOCKET NO. 20220001-EI; ORDER NO. PSC-2022-0212-CFO-EI) on June 16, 2022:
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In re: Fuel and purchased power cost recovery clause with generating performance incentive factor.
ORDER GRANTING GULF POWER COMPANY'S REQUEST FOR CONFIDENTIAL CLASSIFICATION (DOCUMENT NO. 03785-2021)
On April 30, 2021, pursuant to Section 366.093, Florida Statutes (F .S.), a nd Rule 2522.006, Florida Administrative Code (F.A.C.), Gulf Power Company (Gulf) filed a request for confidential classification (Request) of certain information submitted by Gulf on its Form 423 Fuel Report for the first quarter of2021 (Report) (Document No. 03785-2021).
Request for Confidential Classification
Gulf contends that the designated portions of the information contained in its 423 Report for the first quarter of 2021, as more specifically described in the line-by-line/field-by-field justification attached as Exhibit C to its Request, constitute proprietary confidential business information entitled to protection under Section 366.093, F.S., and Rule 25-22.006, F.A.C. Gulf argues that this information is intended to be and is treated by Gulf as private and has not been publicly disclosed.
Gulf asserts that a portion of the information contained in its 423 Report constitutes proprietary confidential business information concerning bids and other contractual data, the disclosure of which would impair its efforts to contract for goods and services on favorable terms. Gulf contends that this information is entitled to confidential classification pursuant to Sections 366.093(3)(d) and (e), F.S. Further, Gulf contends that the confidential information consists of pricing for coal and related transportation services purchased by Gulf. Gulf contends that it, and the counterparties involved in these transactions, consider the foregoing information to be confidential and competitively sensitive. Gulf also asserts that disclosure of this information could negatively impact its ability to negotiate pricing favorable to its customers in the future. In addition, Gulf argues that potential counterparties may refuse to enter into future contracts with it, or may charge higher prices, if the confidential information is publicly disclosed.
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 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:
(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 satisfies the criteria set forth in Section 366.093(3), F.S., for classification as proprietary confidential business information. The pricing for coal and transportation services constitutes "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. 03785-2021 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. At the conclusion of the 18-month period, the confidential information will no longer be exempt from Section 119.07(1), F.S., unless Gulf 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
ORDERED by Commissioner Mike La Rosa, as Prehearing Officer, that Gulf Power Company's Request for Confidential Classification of Document No. 03785-2021 is granted. It is further
ORDERED that the information in Document No. 03785-2021 for which confidential classification has been granted shall remain protected from disclosure for a period of 18 months from the date of issuance of this Order. It is further
ORDERED that this Order will be the only notification by the Commission to the parties concerning the expiration of the confidentiality time period.
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 16th day of June, 2022.
Mike La Rosa, Commissioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
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Original text here: http://www.floridapsc.com/library/filings/2022/04024-2022/04024-2022.pdf