Order No. PSC-2026-0089-CFO-EI•Florida Public Service Commission native order document 02150-2026
Florida Public Service Commission native order document 02150-2026
Order No. PSC-2026-0089-CFO-EIFlapubserv
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FILED 4/13/2026 DOCUMENT NO. 02150-2026 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Review of the 2024-2025 outage of Tampa Electric Company’s Bayside Steam Turbine Unit 2. DOCKET NO. 20260053-EI ORDER NO. PSC-2026-0089-CFO-EI ISSUED: April 13, 2026 ORDER GRANTING TAMPA ELECTRIC COMPANY’S MOTION FOR TEMPORARY PROTECTIVE ORDER On April 8, 2026, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule 25- 22.006(6)(c), Florida Administrative Code (F.A.C.), Tampa Electric Company (TECO) filed a Motion for Temporary Protective Order (Document No. 02079) to exempt from Section 119.07(1), F.S., certain confidential information provided to the Office of Public Counsel (OPC). The information for which confidentiality is sought is contained in TECO’s responses to OPC’s Second Request for Production of Documents to TECO Nos. 3-9. Motion for Temporary Protective Order 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 the public records law, 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., 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. In addition, Rule 25-22.006(6)(c), F.A.C., states that if a party allows OPC 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. TECO is seeking protection of materials prepared by GE Vemova, TG Advisors and Entrust Solutions Group concerning the October 1, 2024 through August 15, 2025 forced outage at Bayside Steam Turbine No. 2. These materials also include TECO generated reports and procedures. TECO contends that the information contained in these work papers includes proprietary trade secrets of its vendors, the disclosure of which would harm the competitive business of its third party vendors. Further, disclosure would adversely affect the economic interests of TECO and its customers as outside services firms would be discouraged from
ORDER NO. PSC-2026-0089-CFO-EI DOCKET NO. 20260053-EI PAGE 2 performing similar work for TECO in the future. Additionally, disclosure of this information could impair the competitive interests of both TECO and its third party vendors. Ruling Upon consideration of TECO’s assertions of the confidential nature of the information contained in its responses to OPC’s Second Request for Production of Documents to TECO Nos. 3-9, 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 Motion for Temporary Protective Order is granted, pursuant to the terms and conditions set forth in this Order. By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 13th day of April, 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. SBr
ORDER NO. PSC-2026-0089-CFO-EI DOCKET NO. 20260053-EI PAGE 3 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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