Florida Public Service Commission native order document 08851-2024

Order No. PSC-2024-0405-CFO-EIFlapubserv

Testo completo

FILED 9/5/2024
DOCUMENT NO. 08851-2024
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
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ORDER NO. PSC-2024-0405-CFO-EI
ISSUED: September 5, 2024
ORDER GRANTING TAMPA ELECTRIC COMPANY'S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 07939-2024)
On July 26, 2024, 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 for portions of Schedule E 12 contained in Zel D. Jones' Exhibit
(ZDL-2) (Document No. 07939-2024).
Request for Confidential Classification
TECO contends that portions of the information contained in Schedule El2 constitute
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 Schedule El2, for which confidentiality is requested,
consists of actual and estimated wholesale capacity costs for the period January through
December, 2024. 	TECO 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
and shall 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 di sclosure of the information would cause harm to the company' s
ratepayers or business operations, and has not been voluntarily di sclosed 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.
(e) 	Information relating to competitive interests, the disclosure of which would
impair the competitive business of the provider of the information.
ORDER NO. PSC-2024-0405-CFO-EI
DOCKET NO. 20240001-EI
PAGE 2
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 pricing terms of the capacity contracts 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. 07939-2024 shall be granted confidential classification.
Pursuant 	to 	Section 	366.093(4), 	F.S., 	the 	information 	for 	which 	confidential
classificatioin 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 TECO 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 Tampa
Electric Company’s Request for Confidential Classification of Document No. 07939-2024, is
granted, as set forth herein. It is further
ORDERED that the information in Document No. 07939-2024, 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.
PSC-2024-0405-CFO-EI
5th
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 Prehcaring 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.
NOT I CE OF FU RTHER PROC EEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 	120.569( l ), 	Florida
Statu(es, 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 constmed 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 l O 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 finaJ 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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