Florida Public Service Commission native order document 07548-2024

Order No. PSC-2024-0240-CFO-GUFlapubserv

Texte intégral

FILED 7/15/2024
DOCUMENT NO. 07548-2024
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
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ORDER NO. PSC-2024-0240-CFO-GU
ISSUED: July 15, 2024
ORDER GRANTING REQUEST FOR CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 06922-2024)
On June 25, 2024, pursuant to Section 366.093, Florida Statutes (F .S.), and Rule 25-
22.006, Florida Administrative Co de (F.A.C.), Peoples Gas System, Inc. (PGS) filed a Request
for Confidential Classification (Request) of certain information contained in its response to
Staffs First Data Request No. 2, a Gas Transportation Service Agreement with Florida Public
Utilities Company (FPUC) (Document No. 06922-2024).
Request for Confidential Classification
PGS 	contends 	that 	the 	information 	contained 	in 	its 	Gas 	Transportation 	Service
Agreement with FPUC, 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. 	PGS asserts that this information is intended to be and is treated by
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. 	PGS contends the disclosure of this
information would impair PGS ' ability to execute business transactions on favorable terms for
the benefit of their customers. PGS argues that this information is protected by Sections
366.093(3)(d) and (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 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-2024-0240-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 PGS’ competitive interests as well as the
competitive interests of its vendors. Thus, the information identified in Document No. 06922-
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 Request for Confidential Classification of Document No. 06922-2024, is
granted, as set forth herein. It is further
ORDERED that the information in Document No. 06922-2024, 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-2024-0240-CFO-GU
DOCKET NO. 20240094-GU
PAGE 3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this 15th 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
ORDER NO. PSC-2024-0240-CFO-GU
DOCKET NO. 20240094-GU
PAGE 4
appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate
Procedure.

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