Florida Public Service Commission native order document 06166-2026

FILED 9/4/2026
DOCUMENT NO. 06166-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery
clause with generating performance incentive
factor.
DOCKET NO. 20260001 -EI
ORDER NO. PSC-2026-0317-CFO-EI
ISSUED: September 4, 2026
ORDER GRANTING TAMPA ELECTRIC COMPANY’S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 04654-2026)
On 	July 	24, 	2026, 	pursuant 	to 	Section 	366.093, 	Florida 	Statutes 	(F.S.), and Rule 	25-
22.006, Florida Administrative Code (F.A.C.), Tampa Electric Company (TECO) filed a Request
for 	Confidential 	Classification 	and 	Request 	for 	Temporary 	Protective 	Order 	for 	materials
contained 	in Exhibit No. 	(ZJP-2) 	attached 	to 	the testimony of Zel-Jones 	Phillips (Bates Stamp
page 43) (Document No. 04654-2026).
Request for Confidential Classification
TECO contends 	that 	the 	information contained 	in 	Exhibit No. 	(ZJP-2), 	attached 	to 	the
testimony of Zel-Jones Phillips, constitutes proprietary confidential business information entitled
to 	protection under 	Section 366.093, 	F.S., and Rule 25-22.006, F.A.C. TECO 	asserts 	that 	this
information 	is 	intended 	to be and 	is 	treated by TECO 	as 	private and has 	not been 	publicly
disclosed.
The information contained 	in Exhibit No. (ZJP-2) 	for which confidentiality 	is requested
relates to actual/estimated purchased power costs for the period January through December 2026
TECO 	argues 	that 	this information, 	if disclosed, would be harmful 	to 	its competitive 	interests
and 	is protected by Paragraphs 366.093(3)(d) and 	(e), F.S.
Ruling
Subsection 	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 and 	shall be exempt from Chapter 	119, 	F.S. 	Subsection 	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. 	Subsection 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-2026-0317-CFO-EI
DOCKET NO. 20260001-EI
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(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 Subsection 366.093(3), F.S., for classification as proprietary confidential
business information. The information regarding actual/estimated purchased power costs for
2026 appears to be “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” and “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. 04654-2026 shall be granted confidential classification.
Pursuant 	to 	Subsection 	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 Subsection 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.
Request for Temporary Protective Order
Section 367.156(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)(a), 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.
Ruling
Upon consideration of TECO’s assertions of the confidential nature of the information
contained in Exhibit No. (ZJP-2) attached to the testimony of Zel-Jones Phillips, TECO’s

ORDER NO. PSC-2026-0317-CFO-EI
DOCKET NO. 20260001-EI
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Request 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 Request for Confidential Classification and Request for Temporary Protective Order
of Document No. 04654-2026 is granted, as set forth herein. It is further
ORDERED that the information in Document No. 04654-2026, 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.
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 4th day of
September, 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-2026-0317-CFO-EI
DOCKET NO. 20260001-EI
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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.