Florida Public Service Commission native order document 08771-2024

FILED 8/30/2024
DOCUMENT NO. 08771-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Storm protection plan cost recovery
clause.
DOCKET NO. 20240010-EI
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ORDER NO. PSC-2024-0383-CFO-EI
ISSUED: August 30, 2024
ORDER GRANTING TAMP A ELECTRIC COMPANY'S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
AND
MOTION FOR PROTECTIVE ORDER
{DOCUMENT NO. 02787-2024)
On May 6, 2024, Tampa Electric Company (TECO) filed a Request for Confidential
Classification and Motion for Temporary Protective Order (Reques t) , pursuant to 	Section
366.093, Florida Statutes (F.S.), and Rule 25-22.006, Florida Administrative Code (F.A.C.),
pertaining to certain information contained in TECO's Response to OPC's First Request for
Production of Documents (Nos. 1-2) (Document No. 02787-2024).
Request for Confidential Classification
TECO 	contends 	that 	the 	information 	in 	the 	Request 	constitutes 	proprietary 	a nd
confidential business information entitled to protection under Section 366.093 , F.S., and Rule
25-22.006, F.A.C. TECO asserts that the information at issue relates to competitively negotiated
data, such as 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. Specifically, the information relates to engineering consulting
contract pricing for Storm Protection Plan development. TECO argues the information is entitled
to confidential classification pursuant to Section 366.093(d), 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
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-2024-0383-CFO-EI
DOCKET NO. 20240010-EI
PAGE 2
Upon review, it appears the above-referenced information in Document No. 02787-2024
satisfies the criteria set forth in Section 366.093(3)(d), F.S., for classification as proprietary
confidential business information. 	The information described above and in TECO’s Request
appears to contain 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. 02787-2024 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 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. 02787-2024, 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 Gabriella Passidomo as Prehearing Officer, that Tampa
Electric Company’s Request for Confidential Classification of Document No. 02787-2024 is
granted. It is further

PSC-2024-0383-CFO-EI
30th
August 2024
ORDER NO.
DOCKET NO. 202400 I 0-EI
PAGE3
ORDERED that the information in Document No. 02787-2024, 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. At the conclusion of the 18-month period, the
confidential information will no longer be exempt from Section l 19.07(1), F.S., unless Tampa
Electric Company or another affected person shows, and the Commission finds, that the records
continue to contain proprietary confidential business information. It is further
ORDERED that Tampa Electric Company' s Motion for Temporary Protective Order of
the information in Document No. 02787-2024 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 Gabriella Passidomo, as Prehearing Officer, this __ day
of ---- 	- 	-
DD
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.
NOT ICE 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.

ORDER NO. PSC-2024-0383-CFO-EI
DOCKET NO. 20240010-EI
PAGE 4
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.