Florida Public Service Commission native order document 07077-2026

FILED 9/30/2026
DOCUMENT NO. 07077-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery 	DOCKET NO. 2026000 1-EI
clause with generating performance incentive 	ORDER NO. PSC-2026-0340-CFO-EI
factor. 	ISSUED: September 30, 2026
ORDER GRANTING TAMPA ELECTRIC COMPANY’S
REQUEST FOR CONFIDENTIAL CLASSIFICATION AND
TEMPORARY PROTECTIVE ORDER (DOCUMENT NO. 06789-2026)
On September 	17, 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 	Revised 	Exhibit No. MAS-3, 	Schedule 	E-12 	(Bates 	stamp page 	18),
attached to the revised testimony of Ashley Sizemore (Document No. 06124-2026).
Request for Confidential Classification
TECO contends that the information contained in Revised Exhibit No. MAS-3, Schedule
E-12 	(Bates stamp page 	18) 	attached 	to 	the revised testimony of Ashley Sizemore 	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. MAS-3 -Schedule E-12 (Bates stamp page 	18)
attached 	to 	the 	revised 	testimony of Ashley 	Sizemore 	for which 	confidentiality 	is 	requested
relates 	to 	estimated 	capacity 	purchases 	for 	2027. 	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-2026-0340-CFO-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 estimated purchase costs for 2027 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.”
Further, the estimated purchase power costs for 2027 appears to be 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. 06789-2026
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 Revised Exhibit No. MAS-3, Schedule E-12 (Bates stamp page 18), attached to the

ORDER NO. PSC-2026-0340-CFO-EI
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revised testimony of Ashley Sizemore, TECO’s 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. 06789-2026 is granted, as set forth herein. It is further
ORDERED that the information in Document No. 06789-2026, 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 30th 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

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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.