Florida Public Service Commission native order document 00803-2026

FILED 2/2/2026
DOCUMENT NO. 00803-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of new
environmental program for cost recovery
through Environmental Cost Recovery Clause,
by Tampa Electric Company._
DOCKET NO. 20250135-EI
ORDER NO. PSC-2026-0032-CFO-EI
ISSUED: February 2, 2026
ORDER GRANTING TAMPA ELECTRIC COMPANY’S REQUEST FOR
CONFIDENTIAL CLASSIFICATION AND REQUEST FOR PROTECTIVE ORDER
(DOCUMENT NO. 00083-2026)
On January 	7, 2026, pursuant 	to Section 366.093, Florida 	Statutes 	(F.S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Tampa Electric Company (TECO) filed a Request
for Confidential Classification and Request for Temporary Protective Order (Request) of certain
highlighted 	information 	contained 	in 	the 	company’s 	answer 	to 	Staffs 	First 	Data 	Request
(Document No. 00083-2026).
Request for Confidential Classification
TECO contends 	that 	the information 	in Exhibit A of the Request 	constitutes proprietary
and 	confidential 	business 	information 	entitled 	to 	protection under 	Section 	366.093, 	F.S., and
Rule 	25-22.006, 	F.A.C. The 	information 	at 	issue 	relates 	to 	the 	competitive 	bidding 	process
TECO used to select an outside contractor to conduct an environmental 	study. TECO asserts that
this information includes proprietary confidential business information concerning bids or other
contractual 	data, 	the disclosure of which could impair the 	efforts of TECO to contract for goods
and/or services on favorable terms. 	Therefore, TECO argues the information 	is confidential and
is protected by Section 366.093(d) F.S.
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:
(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.

ORDER NO. PSC-2026-0032-CFO-EI
DOCKET NO. 20250135-EI
PAGE 2
Upon review, it appears the above-referenced information in Document No. 00083-2026,
as specifically detailed in Exhibit A, satisfies the criteria set forth in Section 366.093(d) (for
classification as proprietary confidential business information. The information described above
in the Request appears to contain 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.” Thus, the information identified in Document
No. 00083-2026 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 TECO or another
affected person shows, and the Commission finds, that the records continue to contain
proprietary confidential business information.
Motion for Temporary Protective Order
TECO also seeks protection of the documents as provided in Section 366.093, F.S., and
Rule 25-22.006, F.A.C. Section 366.093(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.,
the public records law. 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., in
pertinent part, states:
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.
Ruling
Upon consideration of TECO’s assertions of the confidential nature of the information
contained in portions of the discovery responses, Document No. 00083-2026, TECO’s Motion
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.
Based on the foregoing, it is hereby
ORDERED by Commissioner Gary F. Clark as Prehearing Officer, that Tampa Electric
Company’s Request for Confidential Classification of Document No. 00083-2026 is granted. It
is further

ORDER NO. PSC-2026-0032-CFO-EI
DOCKET NO. 20250135-EI
PAGE 3
ORDERED that Tampa Electric Company’s Request for Temporary Protective Order of
the information in Document No. 00083-2026 is granted. It is further
ORDERED that the information in Document No. 00083-2026, 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.
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 2nd day of
February, 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.
JDI

ORDER NO. PSC-2026-0032-CFO-EI
DOCKET NO. 20250135-EI
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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.