Florida Public Service Commission native order document 08607-2024

FILED 8/22/2024
DOCUMENT NO. 08607-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Tampa
Electric Company.
In re: Petition for approval of 2023
depreciation and dismantlement study, by
Tampa Electric Company.
In re: Petition to implement 2024 generation
base rate adjustment provisions in paragraph 4
of the 2021 stipulation and settlement
a reement, by Tam a Electric Com any.
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
ORDER NO. PSC-2024-0374-CFO-EI
ISSUED: August 22, 2024
ORDER GRANTING TAMPA ELECTRIC COMPANY' S
AMENDED REQUEST FOR CONFIDENTIAL CLASSIFICATION
and
AMENDED REQUEST FOR PROTECTIVE ORDER
(DOCUMENT NOS. 02983-2024 AND 08520-2024)
On May 10 , 2024, Tampa Electric Company (TECO) filed a Motion for Temporary
Protective Order, pursuant to Section 366.093, Florida Statutes (F .S.), a nd Rule 25-22.006,
Florida Administrative Code (F .A. C.), pertaining to certain information contained in TECO' s
response to the Office of Public Counsel' s (OPC) Fourth Request for Production of Documents
Nos. 4 7, 49, 50, 51 , 62, and 67. (Document No. 02983-2024 ).
On May 13 , 2024, TECO filed a Request for Confidential Classification, pursuant to
Section 366.093 , Florida Statutes (F.S.), and Rule 25-22.006, Florida Administrative Code
(F .A.C.), which more specifically detailed the portions of information contained in its responses
that TECO alleges to be confidential in nature. The information can be described as credit ratings
for TECO and its affiliates as well as projections for retirement plans and project sites.
(Document No. 02983-2024).
On August 19 , 2024, TECO filed an Amended Request for Confidential Classification
a nd Request for Temporary Protective Order. TECO states it beca me aware of an error in its
Original Motion and Original Request. TECO submits its Amended Request to (i) properly
designate the appropriate Bates Numbers containing confidential information within TECO' s
response to OPC' s Fourth Request for Production of Documents No. 50 and (ii) relinquish any
claim of confidentiality to the materials associated with TECO 's response to OPC' s Fourth
Request for Production of Documents No. 62. (Document No. 08520-2024).

ORDER NO. PSC-2024-0374-CFO-EI
DOCKET NOS. 20240026-EI,
20230139-EI, 20230090-EI
PAGE 2
Requests for Confidential Classification
TECO contends that the information in Exhibit A of the Original Request, as modified by
Exhibit A of the Amended Request and TECO’s relinquishment of confidentiality claim for its
response to OPC’s Fourth Request for Production of Documents No. 62, constitutes proprietary
and confidential business information entitled to protection under Section 366.093, F.S., and
Rule 25-22.006, F.A.C. TECO asserts that the information at issue relates to competitive
interests, which could be used by competitors to gain confidential internal information. For that
reason, TECO argues the information is entitled to confidential classification pursuant to Section
366.093(3)(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 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:
(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 above-referenced information in Document Nos. 02983-2024
and 08520-2024, specifically detailed in Exhibit A of the Original Request but as modified by
Exhibit A of the Amended Request and TECO’s relinquishment of confidentiality claim for its
response to OPC’s Fourth Request for Production of Documents No. 62, satisfies the criteria set
forth in Section 366.093(3)(e), F.S., for classification as proprietary confidential business
information. The information constitutes “information relating to competitive interests, the
disclosure of which would impair the competitive business of the provider of the information.”
Thus, specific portions of information identified in Document Nos. 02983-2024 and 08520-2024
shall be granted confidential classification on the bases explained above.
Pursuant to Section 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 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.

ORDER NO. PSC-2024-0374-CFO-EI
DOCKET NOS. 20240026-EI,
20230139-EI, 20230090-EI
PAGE 3
Request and Motion for Temporary Protective Orders
TECO also seeks protection of the document as provided in Section 366.093, F.S., and
Rule 25-22.006, F.A.C. 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.,
the public records law. 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 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.
Ruling
Upon consideration of TECO’s assertions of the confidential nature of the information
contained in portions of the discovery responses, Document Nos. 02983-2024 and 08520-2024,
TECO’s Motion for Temporary Protective Order and TECO’s Request for Temporary Protective
Order are hereby granted consistent with the rationale expressed herein. As a result, this
information shall be protected from disclosure as set forth herein 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 of Document No. 02983-2024, as modified
by Tampa Electric Company’s Amended Request for Confidential Classification filed August 19,
2024, is granted. It is further
ORDERED 	that 	Tampa 	Electric 	Company’s 	Amended 	Request 	for 	Confidential
Classification of Document No. 08520-2024 is granted as set forth herein. It is further
ORDERED that Tampa Electric Company’s Motion for Temporary Protective Order of
the information in Document No. 02983-2024 is granted as set forth herein. It is further
ORDERED that Tampa Electric Company’s Request for Temporary Protective Order of
the information in Document No. 08520-2024 is granted as set forth herein. It is further

ORDER NO. PSC-2024-0374-CFO-EI
DOCKET NOS. 20240026-EI,
20230139-EI, 20230090-EI
PAGE 4
ORDERED that the information in Document Nos. 02983-2024 and 08520-2024, 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.
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 22nd day of
August, 2024.
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.
CMM

ORDER NO. PSC-2024-0374-CFO-EI
DOCKET NOS. 20240026-EI,
20230139-EI, 20230090-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. 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.