Florida Public Service Commission native order document 10190-2024

FILED 12/12/2024
DOCUMENT NO. 10190-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Florida
Public Utilities Company.
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DOCKET NO. 20240099-EI
ORDER NO. PSC-2024-0494-CFO-EI
ISSUED: December 12 , 2024
ORDER GRANTING FLORIDA PUBLIC UTILITIES COMPANY' S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 08672-2024)
On August 26, 2024, pursuant to Section 366.093 , Florida Statutes (F.S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Florida Public Utilities Company (FPUC) filed a
Request for Confidential Classification (Request) of its Minimum Filing Requirement (MFR)
Schedule D-8, Bates labelled FPUC Elec. 00213 , in lines 5 and 7 of the Column "Date of
Issue/Retirement" (Document No. 08672-2024).
Request for Confidential Classification
FPUC contends that portions of the information contained in its MFR Schedule D-8,
Bates labelled FPUC Elec. 00213, in lines 5 and 7 of the Column "Date of Issue/Retirement,"
constitutes proprietary confidential business information entitled to protection under Section
366.093, F.S., and Rule 25-22.006, F.A.C. FPUC asserts that this information is intended to be
a nd is treated by FPUC as private and has not been publicly disclosed.
The information contained in FPUC 's response to MFR Schedule D-8, Bates labelled
FPUC Elec. 00213, in lines 5 and 7 of the Column "Date of Issue/Retirement" consists of
information about potential future 	issuances of Chesapeake Utilities 	Corporation' s (CUC)
common stock, FPUC's corporate parent. FPUC argues that this information, if disclosed, could
have an adverse impact on CUC's share price and adversely impact CUC' s ability to fund its
growth capital with equity financing. 	The release of this material could also trigger certain
Securities and Exchange Commission rules. 	Since disclosure could result in a negative impact
on its corporate financing and provide its competitors with an unfair competitive advantage,
FPUC sta te s that this information is protected by Section 366.093(3)(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 shall be kept confidential
a nd sha ll be exempt from Chapter 11 9, 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:

ORDER NO. PSC-2024-0494-CFO-EI
DOCKET NO. 20240099-EI
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 information and data provided in this request satisfies the
criteria set forth in Section 366.093(3), F.S., for classification as proprietary confidential
business information. The information about potential future issuances of CUC’s common stock
appears to be 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. 08672-2014 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 FPUC 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 Smith, as Prehearing Officer, that
Florida Public Utilities Company’s Request for Confidential Classification of Document No.
08672-2024, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 08672-2024, 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-2024-0494-CFO-EI
DOCKET NO. 20240099-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo Smith, as Prehearing Officer, this
__ day of ___________ _
SBr
Gabriella Passidomo Smith
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, ifapplicable, interested persons.
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties ofany administrative hearing or judicial review ofCommission 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 reliefsought.
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 ofan 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 ofa preliminary, procedural or intermediate ruling or order is available ifreview
ofthe 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.
12th December 2024