Florida Public Service Commission native order document 03283-2023

FILED 5/18/2023
DOCUMENT NO. 03283-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Peoples Gas
System, Inc.
In re: Petition for approval of 2022
depreciation study, by Peoples Gas System,
Inc.
In re: Petition for approval of depreciation rate
and subaccount for renewable natural gas
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
facilities leased to others, by Peoples Gas 	ORDER NO. PSC-2023-0166-CFO-GU
System, Inc. 	ISSUED: May 18, 2023-~-~------------~
ORDER GRANTING MOTIONS FOR TEMPORARY PROTECTIVE ORDER
(DOCUMENT NOS. 03097-2023, 03150-2023, AND 03159-2023)
On April 11, 2023, the Office of Public Counsel (OPC) served Peoples Gas System, Inc.
(PGS) 	its 	First Set of Interrogatories (Nos. 	1-106) and 	First Request for 	Production of
Documents (Nos. 1-48). On April 19, 2023, OPC served PGS its Second Set of Interrogatories
(Nos. 107-130) and Second Request for Production of Documents (49-55). On April 20, 2023,
OPC served PGS 	its Third Set of Interrogatories (Nos. 	131-179) a nd Third Request for
Production of Documents (Nos. 56-69). These di scovery requests are collectively referred to as
"O PC's Discovery Requests."
On 	May 	5, 	2023, pursuant 	to 	Rule 	25-22.006(6)(c), 	Florida Administrative 	Code
(F .A.C.), PGS filed a Preliminary Motion for Temporary Protective Order1 (Motion) to exempt
from Section 119.07(1), Florida Statutes (F .S.), certain confidential information requested by
OPC through discovery, and for the protection of that information against public disclosure
pending OPC's review of it.
On May 10, 2023, PGS filed a Motion for Temporary Protective Order,2 supplementing
its request to keep confidential its responses to OPC' s Third Set of Interrogatories (Nos. 31-179)
a nd Third Request for Production of Documents (Nos. 56-69). On May 11, 2023, PGS filed
another Motion for Temporary Protective Order ,3 supplementing its request to keep confidential
its responses to OPC's First Set of Interrogatories (Nos. 1-106) and First Request for Production
of Documents (Nos. 1-48) and Second Set oflnterrogatories (Nos. 107-130) and Second Request
for Production of Documents (49-55). These two additional motions are collectively referred to
as "supplemental filings."
1 Document No. 03097-2023, filed in Docket No. 20230023-GU
2 Document No. 03150-2023, filed in Docket No. 20230023-GU
3 Document No. 03159-2023, filed in Docket No. 20230023-GU

ORDER NO. PSC-2023-0166-CFO-GU
DOCKET NOS. 20230023-GU, 20220219-GU, 20220212-GU
PAGE 2
Motion for Temporary Protective Order
In its Motion and supplemental filings, PGS contends that its responses to OPC’s
Discovery Requests will be related to PGS’s forecasted growth rates for load, customers, total
revenue, net income, and rate base. PGS further contends that it will provide information
regarding its labor force, its payroll and salary structures, and its incentive compensation
programs – including the cost allocation of its executive compensation. PGS will also provide
OPC the basis for the cost projected for each projected issuance of long-term debt, including all
calculations, e.g., 30-year Treasury yield plus 100 basis point risk premium. Additionally, PGS
will provide OPC prospectuses for any security issuances, private placement documents, or loan
agreements for any debt or equity instruments of PGS, Tampa Electric Company (TECO), and
Emera, Incorporated (Emera) from January 1, 2020, to the present. PGS also anticipates
providing OPC year-end capital structures for PGS, TECO, and Emera over the past five years.
PGS contends that all or portions of its Responses to OPC’s Discovery Requests
constitute “proprietary confidential business information” and are entitled to protection against
public disclosure pursuant to Section 366.093, F.S. PGS contends that the disclosure of this
information could adversely affect the economic interests of PGS 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 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 PGS’s assertions of the confidential nature of the information
contained in PGS’s responses to OPC’s Discovery Requests, Document Nos. 03097-2023,
03150-2023, and 03159-2023, PGS’s Preliminary Motion for Temporary Protective Order and

ORDERNO. PSC-2023-0166-CFO-GU
DOCKET NOS. 20230023-GU, 20220219-GU, 20220212-GU
PAGE 3
supplemental filings are 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 Gabriella Passidomo, as Prehearing Officer, that Peoples
Gas System, Inc. 's requests for a protective order as set forth in Document Nos. 03097-2023,
03150-2023, and 03159-2023 are granted, pursuant to the terms and conditions set forth in this
Order.
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of ------�
RPS
Gabriella Passidomo
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.
18th
2023	May
•

ORDER NO. PSC-2023-0166-CFO-GU
DOCKET NOS. 20230023-GU, 20220219-GU, 20220212-GU
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.