Order No. PSC-2026-0205-CFO-WS•Florida Public Service Commission native order document 03309-2026
Florida Public Service Commission native order document 03309-2026
Order No. PSC-2026-0205-CFO-WSFlapubserv
Gesamter Gesetzestext
FILED 6/3/2026 DOCUMENT NO. 03309-2026 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application for increase in water and wastewater rates in Brevard, Citrus, Duval, Highlands, Marion, and Volusia Counties by CSWR- Florida Utility Operating Company. DOCKET NO. 20250052-WS ORDER NO. PSC-2026-0205-CFO-WS ISSUED: June 3, 2026 ORDER GRANTING CSWR-FLORIDA UTILITY OPERATING COMPANY, LLC’S REQUEST FOR CONFIDENTIAL CLASSIFICATION AND MOTION FOR TEMPORARY PROTECTIVE ORDER (DOCUMENT NO. 02439-2026) On April 27, 2026, pursuant to Rule 25-22.006, Florida Administrative Code (F.A.C.), CSWR-Florida Utility Operating Company, LLC (CSWR or Utility) filed a request for confidential classification (Request) of certain documents provided in CSWR’s response to Staffs Twelfth Set of Interrogatories (Nos. 149-160), specifically No. 151, Staffs Thirteenth Set of Interrogatories (Nos. 161-162), specifically No. 161, and Staffs Seventh Request for Production of Documents (No. 57) (Document No. 02439-2026). Request for Confidential Classification CSWR contends that designated portions of the information constitute proprietary confidential business information entitled to protection under Section 367.156, Florida Statutes (F.S.), and Rule 25-22.006, F.A.C. CSWR asserts that disclosure of the confidential information in the documents is intended to be proprietary, is treated as proprietary, and has not been publicly disclosed. More specifically, the information for which confidentiality is sought relates to salaries, benefits, and other compensation data concerning CSWR employees. CSWR requests that the Commission grant confidential classification for the documents for a period of 18 months from the date of the issuance of this Order, pursuant to Section 367.156(4), F.S. Ruling Section 367.156(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 367.156(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 367.156(3), F.S., provides that proprietary confidential business information includes, but is not limited to: (e) Infonnation relating to competitive interests, the disclosure of which would impair the competitive business of the provider of the information.
ORDER NO. PSC-2026-0205-CFO-WS DOCKET NO. 20250052-WS PAGE 2 Upon review, it appears the above-referenced information satisfies the criteria set forth in Section 367.156(3), F.S., for classification as proprietary confidential business information. The information constitutes 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. 02439-2026 shall be granted confidential classification. Pursuant to Section 367.156(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 CSWR, or another affected person shows, and the Commission finds, that the records continue to contain proprietary confidential business information. Request for Temporary Protective Order CSWR also seeks protection of the documents as provided in Section 367.156(2), F.S., and Rule 25-22.006(6), F.A.C. Section 367.156(2), F.S., directs that all records produced pursuant to a discovery request for which proprietary confidential status is requested shall be treated by any party subject to the public records law as confidential and exempt from Section 119.07(1), F.S. Rule 25-22.006(6), F.A.C., codifies the Commission’s policy regarding the protection of confidential information from public disclosure during the discovery process in a manner that is not overly burdensome to both parties. Rule 25-22.006(6)(a), F.A.C., states, in pertinent part: In any formal proceeding before the Commission, any utility or other person may request a protective order protecting proprietary confidential business information from discovery. Upon a showing by a utility or other person and a finding by the Commission that the material is entitled to protection, the Commission shall enter a protective order limiting discovery in the manner provided for in Rule 1.280, Florida Rules of Civil Procedure. In addition, Rule 25-22.006(6)(c), F.A.C., states that if a party allows the Office of Public Counsel to inspect or take possession of utility information, then that “utility may request a temporary protective order exempting the information from Section 119.07(1), F.S.” The rule further requires the utility to file a specific request for a protective order under paragraph (a) of the rule if the information is to be used in the proceeding before the Commission. Ruling Upon consideration of CSWR’s assertions of the confidential nature of the information contained in Document No. 02439-2026, CSWR’s Request for Temporary Protective Order is hereby granted. As a result, this information shall be protected from disclosure pursuant to Rule 25-22.006(6), F.A.C.
ORDER NO. PSC-2026-0205-CFO-WS DOCKET NO. 20250052-WS PAGE 3 Based on the foregoing, it is ORDERED by Commissioner Gary Clark as Prehearing Officer, that CSWR-Florida Utility Operating Company, LLC’s Request for Confidential Classification of Document No. 02439-2026, is granted. It is further ORDERED that the information in Document No. 02439-2026 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. At the conclusion of the 18-month period, the confidential information will no longer be exempt from Section 119.07(1), F.S., unless CSWR- Florida Utility Operating Company, LLC or another affected person shows, and the Commission finds, that the records continue to contain proprietary confidential business information. It is further ORDERED that CSWR-Florida Utility Operating Company, LLC’s Request for Temporary Protective Order of the information in Document No. 02439-2026 is granted. 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 Gary F. Clark, as Prehearing Officer, this 3rd day of June, 2026. GARY F. CLARK 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. ZB
ORDER NO. PSC-2026-0205-CFO-WS DOCKET NO. 20250052-WS PAGE 4 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.
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