Public Service Commission says group opposing FPL rate increase must reveal its members

State regulators Wednesday refused to reconsider a decision that would lead to the disclosure of information about members of a new group fighting Florida Power & Light over a proposed increase in base electric rates.

The group, Floridians Against Increased Rates, or FAIR, asked the state Public Service Commission to keep confidential certain information it submitted to regulators about its members. Commission Chairman Gary Clark last month rejected the confidentiality request, but FAIR asked the full commission to reconsider the issue.

FAIR contended that the information is a trade secret and that disclosure could harm its members.

But with no discussion, the commission Wednesday approved a recommendation from its staff to deny the request for reconsideration. The recommendation said state law provides a public-records exemption for trade secrets but that FAIR had not adequately made its case.

“Staff believes that FAIR’s mere assertion that its membership roster comprises FAIR’s trade secret information is not enough to persuade the commission to grant confidential classification as requested,” the recommendation said. “Staff believes that FAIR has failed to provide any details which demonstrates how the documents contain information relating to trade secrets and competitive interests, the disclosure of which would impair the competitive business of the provider of the information.”

The confidentiality issue is part of a broader dispute about FAIR as Florida Power & Light seeks approval of a proposed four-year settlement that would lead to base-rate increases for customers. The commission is scheduled Sept. 20 to start a multi-day hearing on the proposal, which includes proposed rate increases of $692 million in January and $560 million in 2023, with additional increases in 2024 and 2025 to pay for solar-energy projects. FPL has sought to keep FAIR out of the rate case, alleging that it is a “shell” organization.

Also Wednesday, Gov. Ron DeSantis announced the reappointment of Arthur Graham and Andrew Fay to the PSC, the governor’s office said in a press release.

This story was originally published September 8, 2021 at 3:15 PM.