Florida Public Service Commission native order document 07434-2024

Order No. PSC-2024-0233-CFO-GUFlapubserv

Full text

FILED 7/10/2024
DOCUMENT NO. 07434-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Joint petition by Peoples Gas System,
Inc. and Florida Public Utilities Company for
a 	roval of s ecial contract.
~~---~------------
DOCKET NO. 20240094-GU
ORDER NO. PSC-2024-0233-CFO-GU
ISSUED: July 10, 2024
ORDER GRANTING JOINT REQUEST OF PEOPLES GAS SYSTEM, INC AND
FLORIDA PUBLIC UTILITIES COMPANY FOR CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 04435-2024)
On May 21, 2024, pursuant to Section 366.093, Florida Statutes (F .S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Peoples Gas System, Inc. (PGS) a nd Florida
Public Utilities Company (FPUC) (referred to collectively as the Parties) filed a Request for
Confidential Classification (Request) of certain information contained in the Parties' Proposed
Gas Transportation Agreement (Document No. 04435-2024).
Request for Confidential Classification
The Parties contend that the information contained in its Gas Transportation Service
Agreement, more specifically described in Exhibit A to its Request, constitutes proprietary
confidential business information entitled to protection under Section 366.093, F.S., and Rule
25-22.006, F.A.C. The Parties assert that this information is intended to be and is treated by both
FPUC and PGS as private and has not been publicly disclosed.
The information contained in the Gas Transportation Service Agreement 	consists of the
Total Maximum Daily Transportation Quantity, Maximum Daily Transportation Quantity, Total
Monthly Reservation Charge, and Unauthorized Use rate. 	The Parties contend the disclosure of
this information would impair both FPUC's and PGS' ability to execute business transactions on
favorable terms for the benefit of their customers. The Parties argue that this information is
protected by Sections 366.093(3)(d) a nd (e), F.S.
Ruling
Section 366.093(1), F.S., provides that records the Florida Public Service Commission
(Commission) has found to contain proprietary business information sha ll be kept confidential
a nd sha ll 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-2024-0233-CFO-GU
DOCKET NO. 20240094-GU
PAGE 2
(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 above-referenced information satisfies the criteria set forth in
Section 366.093(3), F.S., for classification as proprietary confidential business information. The
contractual data, if disclosed, could adversely impact the Parties’ competitive interests as well as
the competitive interests of their vendors. Thus, the information identified in Document No.
04435-2024 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 the Parties 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
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Peoples
Gas 	Systems, 	Inc.’s 	and 	Florida 	Public 	Utilities 	Company’s 	Request 	for 	Confidential
Classification of Document No. 04435-2024, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 04435-2024, 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.
ORDER NO. PSC-2024-0233-CFO-GU
DOCKET NO. 20240094-GU
PAGE 3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this 10th day
of July, 2024.
Gabriella Passidomo
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
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.

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.