Florida Public Service Commission native order document 07384-2026

FILED 10/16/2026
DOCUMENT NO. 07384-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition to establish rate base value of
wastewater system of Forest Utilities, 	Inc. in
Lee County, using alternative valuation
procedure, by CSWR-Florida Utility Operating
Company, LLC._
DOCKET NO. 20260083-SU
ORDER NO. PSC-2026-0363-CFO-SU
ISSUED: October 	16, 2026
ORDER DENYING MOTION FOR PROTECTIVE ORDER
AND REQUEST FOR CONFIDENTIAL CLASSIFICATION
OF PROPRIETARY BUSINESS INFORMATION
RESPONSIVE TO STAFF POD 12 & STAFF INTERROGATORY 37
(DOCUMENT NO. 06298-2026)
On September 	11, 2026, 	pursuant 	to 	Section 366.093, 	Florida 	Statutes 	(F.S.), and Rule
25-22. 006(6)(c), 	Florida 	Administrative 	Code 	(F.A.C.), 	CSWR-Florida 	Utility 	Operating
Company, LLC (CSWR) 	filed 	a Motion 	for 	Protective 	Order and 	Request 	for 	Confidential
Classification 	of 	Proprietary 	Business 	Information 	Responsive 	to 	Staff Pod 	12 & 	Staff
Interrogatory 37 (Document No. 06298-2026). The information 	in the document contains 	asset
lists 	and 	dollar amounts 	from 	the 	fair 	market 	value 	appraisal 	reports 	that CSWR 	obtained
pursuant to Section 367.081 	1, F.S.
Request for Confidential Classification
CSWR 	contends 	that 	the 	information 	is 	proprietary 	confidential 	business 	information
entitled 	to 	protection under 	Section 	367.156, 	F.S., and Rule 	25-22.006, 	F.A.C. CSWR 	asserts
that the information contained 	in the document 	is based on the information contained within the
fair market value 	appraisal reports 	that CSWR has claimed 	as 	confidential proprietary business
information, 	the 	disclosure 	of which would harm 	the 	business 	and 	competitive 	interests 	of
CSWR.
Ruling
Section 	367.156(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 	367.156(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
367.156(3), 	F.S., provides that proprietary confidential business information includes, but 	is not
limited 	to:

ORDER NO. PSC-2026-0363-CFO-SU
DOCKET NO. 20260083-SU
PAGE 2
(a) Trade Secrets.
* * *
(d) Information concerning bids or other contractual data, the disclosure of which
would impair the efforts of the 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.
In Order No. PSC-2026-0339-CFO-SU, I denied CSWR’s Request for Confidential
Classification of five documents, including the fair market value appraisal reports that CSWR
obtained pursuant to Section 367.0811, F.S. 	The information at issue here does not differ
materially from the information contained in those appraisal reports. 	Therefore, upon review,
and for the reasons set forth in Order No. PSC-2026-0339-CFO-SU, CSWR has failed to
demonstrate that the information contained in the answer to Staff Production of Documents
Request Number 212 and Staff Interrogatory Number 37 satisfy the criteria set forth in Section
367.156(3), F.S., for classification as proprietary confidential business information. Pursuant to
Rule 25-22.006(10), F.A.C., the material for which confidential classification is denied shall
remain protected from disclosure until the time for filing an appeal has expired. CSWR or
another person may request continued confidential treatment until judicial review is complete by
filing such request in writing with the Office of Commission Clerk. The material will thereafter
receive confidential treatment through completion of judicial review.
Motion for Protective Order
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 the public records law, 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 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.
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. CSWR is seeking protection of information included in portions of its responses to
Staff’s Production of Documents Request Number 12 and Staff’s Interrogatory Number 37. The

ORDER NO. PSC-2026-0363-CFO-SU
DOCKET NO. 20260083-SU
PAGE 3
discovery responses contain data that is taken from the fair market value appraisal reports CSWR
obtained as part of this proceeding. CSWR contends that the disclosure of this information could
free-ride on the information contained within, thereby harming the competitive business of
CSWR.
Ruling
Upon consideration of CSWR’s assertions of the confidential nature of the information
contained in portions of the discovery responses, and for the reasons set forth above in my ruling
on the Request for Confidential Classification, CSWR’s Motion for Protective Order, is hereby
denied.
Based on the foregoing, it is hereby
ORDERED by Commissioner Mike La Rosa, as Prehearing Officer, that CSWR-Florida
Operating Utility Operating Company, LLC’s Motion for Protective Order and Request for
Confidential Classification of Document No. 06298-2026 is denied.
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 16th day of
October, 2026.
MIKE LA ROSA
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.
TPS

ORDER NO. PSC-2026-0363-CFO-SU
DOCKET NO. 20260083-SU
PAGE 4
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.