Florida Public Service Commission native order document 00943-2023

FILED 2/6/2023
DOCUMENT NO. 00943-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery
clause with generating performance incentive
factor.
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DOCKET NO. 20230001-EI
ORDER NO. PSC-2023-0078-CFO-EI
ISSUED: February 6, 2023
ORDER GRANTING TAMPA ELECTRIC COMPANY' S REQUEST
FOR CONFIDENTIAL CLASSIFICATION (DOCUMENT NO. 05969-2022)
On September 2, 2022, 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 El 2, Bates Stamp page 15 (Document
No. 05969-2022).
Request for Confidential Classification
TECO contends that portions of the information contained in Schedule El 2, Bates Stamp
page 15 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 1s
intended to be and is treated by TECO as private and has not been publicly disclosed.
The 	information 	contained 	in 	Schedule 	El2, 	Bates 	Stamp 	page 	15, 	for 	which
confidentiality is requested consists of projected wholesale capacity purchases a nd costs for the
period January through December, 2023. 	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 sha ll 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:
(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.
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

ORDER NO. PSC-2023-0078-CFO-EI
DOCKET NO. 20230001-EI
PAGE 2
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. 05969-2022 shall be granted confidential classification.
Pursuant to Section 366.093(4), F.S., confidential classification may only extend for up to
18 months from the issuance of an Order granting confidential classification unless “the
Commission finds, for good cause, that the protection from disclosure shall be for a specified
longer period.” 	The information identified in Document No. 05969-2022 shall be granted
confidential classification for a period of 18 months from the issuance of this Order.
Based on the foregoing, it is hereby
ORDERED by Commissioner Mike La Rosa, as Prehearing Officer, that Tampa Electric
Company’s Request for Confidential Classification of Document No. 05969-2022, is granted, as
set forth herein. It is further
ORDERED that the information in Document No. 05969-2022 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 Mike La Rosa, as Prehearing Officer, this 6th day of
February, 2023.
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.
SBr

ORDER NO. PSC-2023-0078-CFO-EI
DOCKET NO. 20230001-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.