Florida Public Service Commission native order document 02269-2024

FILED 4/23/2024
DOCUMENT NO. 02269-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for recovery of costs associated
with named tropical systems during the 2018-
2022 hurricane seasons and replenishment of
storm reserve, by Tam a Electric Com any.
DOCKET NO. 20230019-EI
ORDER NO. PSC-2024-0120-CFO-EI
ISSUED: April 23, 2024
ORDER GRANTING MOTION FOR TEMPORARY PROTECTIVE ORDER
(DOCUMENT NO. 01046-2024)
On March 5, 2024, pursuant to Section 366.093(3), Florida Statutes (F.S.), a nd Rule 25-
22.006, Florida Administrative Code (F.A.C.), Tampa Electric Company (TECO) filed a Motion
for Temporary Protective Order (Document No. 01046-2024) to exempt from Section 119.07(1),
F.S., certain confidential information included in its response to the Office of Public Counsel's
(OPC) Third Request for Production of Documents (No. 38-45).
Motion for Temporary Protective Order
In its Motion, TECO contends that the documents provided to OPC as discovery
responses relate to TECO's contractor costs and logistics. TECO contends that all or portions of
the documents provided to OPC constitute "proprietary confidential business information" and
are entitled to protection against public disclosure pursuant to Section 366.093, F.S. TECO
contends that the di sclosure of this information could adversely affect the economic interests of
TECO and its customers.
Section 366.093(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 Section 119 .07(1), F.S. Rule 25-22.006(6),
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 di scovery. Upon a showing by a utility or other person and a finding by the
Commission that the material is entitled to protection, the Commission sha ll 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.

ORDER NO. PSC-2024-0120-CFO-EI
DOCKET NO. 20230019-EI
PAGE 2
Ruling
Upon consideration of TECO’s assertions of the confidential nature of the information
contained in Document No. 01046-2024, TECO’s Motion 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
ORDERED by Commissioner Art Graham, as Prehearing Officer, that Tampa Electric
Company’s Motion for Temporary Protective Order (Document No. 01046-2024) regarding its
responses to OPC’s Third Request for Production of Documents (No. 38-45), is granted. It is
further,
ORDERED that this Temporary Protective Order shall extend not only to the Office of
Public Counsel, but also to any consultants or advisors with whom the Office of Public Counsel
has contracted for purposes of this proceeding.
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 23rd day of April,
2024.
ART GRAHAM
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.
MRT

ORDER NO. PSC-2024-0120-CFO-EI
DOCKET NO. 20230019-EI
PAGE 3
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.