Order No. PSC-2024-0421-CFO-EI•Florida Public Service Commission native order document 08971-2024
Florida Public Service Commission native order document 08971-2024
Order No. PSC-2024-0421-CFO-EIFlapubserv
Texte intégral
FILED 9/11/2024
DOCUMENT NO. 08971-2024
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. 20240001-EI
ORDER NO. PSC-2024-0421-CFO-EI
ISSUED: September 11 , 2024
ORDER GRANTING TAMP A ELECTRIC COMPANY' S
REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 02335-2022)
On October 20, 2023, 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 Extension of Confidential Treatment (Request) of portions of its response to the Office of
Public Counsel's (OPC) First Request for Production of Documents No. 1, labeled as "OPC's 1st
PODs (Nos. 1-8)_FINAL-CONF _bates .pdf ' (Document No. 02335-2022).
Request for Confidential Classification
TECO contends that designated portions of the information contained in its response to
OPC's First Request for Production of Documents No. 1, labeled as "OPC's 1st PODs (Nos. 1-
8)_FINAL-CONF_bates.pdf', as more specifically described in the attachment to its Request,
constitute proprietary confidential business information entitled to protection under Section
366.093, F.S., and Rule 25-22.006, F.A.C. The Exhibit attached to TECO' s Request contains a
detailed matrix providing justification and support for confidential classification of the
information. TECO asserts that this information is intended to be and is treated by TECO as
private and has not been publicly disclosed.
TECO states that the information contained in its response to OPC 's First Request for
Production of Documents No. 1, labeled as "OPC 's P1 PODs (Nos. 1-8)_FINAL-
CONF_bates.pdf ', consists of email correspondence between TECO and General Electric
regarding negotiations for root cause analysis services related to an outage at Polk Unit 1. This
file also contains confidential price quotations prepared by General Electric regarding repairs to
the unit. TECO argues that this type of material is confidential under the provisions of Sections
366.093(3)(d) and (e), F.S.
Ruling
Section 366.093(1 ), F.S., provides that the records the Florida Public Service
Commission (Commission) has found to contain proprietary confidential business information
shall be kept confidential and shall be exempt from Section 119.07(1) 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-2024-0421-CFO-EI DOCKET NO. 20240001-EI PAGE 2 (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. (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 continues to satisfy the criteria set forth in Section 366.093(3), F.S., for classification as proprietary confidential business information. The negotiations for root cause analysis services and unit repair price quotations appear 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. 02335-2022 shall be granted extended confidential classification. Pursuant to Section 366.093(4), F.S., confidential classification may only extend for up to 18 months from the issuance of an Order granting confidential classification unless “the Commission finds, for good cause, that the protection from disclosure shall be for a specified longer period.” Accordingly, the information identified in Document No. 02335-2022, shall be granted extended confidential classification for a period of 18 months from the issuance of this Order. Based on the foregoing, it is hereby ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Tampa Electric Company’s Request for Extension of Confidential Classification of Document No. 02335-2022 is granted, as set forth herein. It is further ORDERED that the information in Document No. 02335-2022, for which confidential classification is granted, shall remain protected from disclosure for a period of 18 months from the date of issuance of this Order. It is further ORDERED that this Order will be the only notification by the Commission to the parties concerning the expiration of the confidentiality time period.
PSC-2024-0421-CFO-EI 11th September 2024 ORDER NO. DOCKET NO. 20240001-EI PAGE3 By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day of ------- SBr 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. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569( I), 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: (I) reconsideration within IO 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.
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.