Florida Public Service Commission native order document 08971-2024

FILED 9/11/2024
DOCUMENT NO. 08971-2024
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. 20240001-EI
ORDER NO. PSC-2024-0421-CFO-EI
ISSUED: September 11 , 2024
ORDER GRANTING TAMP A ELECTRIC COMPANY' S
REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 02335-2022)
On October 20, 2023, 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 Extension of Confidential Treatment (Request) of portions of its response to the Office of
Public Counsel's (OPC) First Request for Production of Documents No. 1, labeled as "OPC's 1st
PODs (Nos. 1-8)_FINAL-CONF _bates .pdf ' (Document No. 02335-2022).
Request for Confidential Classification
TECO contends that designated portions of the information contained in its response to
OPC's First Request for Production of Documents No. 1, labeled as "OPC's 1st PODs (Nos. 1-
8)_FINAL-CONF_bates.pdf', as more specifically described in the attachment to its Request,
constitute proprietary confidential business information entitled to protection under Section
366.093, F.S., and Rule 25-22.006, F.A.C. The Exhibit attached to TECO' s Request contains a
detailed 	matrix 	providing justification 	and 	support 	for 	confidential 	classification 	of the
information. 	TECO asserts that this information is intended to be and is treated by TECO as
private and has not been publicly disclosed.
TECO states that the information contained in its response to OPC 's First Request for
Production 	of 	Documents 	No. 	1, 	labeled 	as 	"OPC 's 	P1 	PODs 	(Nos. 	1-8)_FINAL-
CONF_bates.pdf ', consists of email correspondence between TECO 	and General 	Electric
regarding negotiations for root cause analysis services related to an outage at Polk Unit 1. 	This
file also contains confidential price quotations prepared by General Electric regarding repairs to
the unit. 	TECO argues that this type of material is confidential under the provisions of Sections
366.093(3)(d) and (e), F.S.
Ruling
Section 	366.093(1 ), 	F.S., 	provides 	that 	the 	records 	the 	Florida 	Public 	Service
Commission (Commission) has found to contain proprietary confidential business information
shall be kept confidential and shall be exempt from Section 119.07(1) 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:

ORDER NO. PSC-2024-0421-CFO-EI
DOCKET NO. 20240001-EI
PAGE 2
(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 continues to
satisfy the criteria set forth in Section 366.093(3), F.S., for classification as proprietary
confidential business information. The negotiations for root cause analysis services and unit
repair price quotations 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. 02335-2022 shall be granted extended
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.” 	Accordingly, the information identified in Document No. 02335-2022, shall be
granted extended confidential classification for a period of 18 months from the issuance of this
Order.
Based on the foregoing, it is hereby
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Tampa
Electric Company’s Request for Extension of Confidential Classification of Document No.
02335-2022 is granted, as set forth herein. It is further
ORDERED that the information in Document No. 02335-2022, for which confidential
classification is granted, shall remain protected from disclosure for a period of 18 months from
the date of issuance of this Order. It is further
ORDERED that this Order will be the only notification by the Commission to the parties
concerning the expiration of the confidentiality time period.

PSC-2024-0421-CFO-EI
11th
September 2024
ORDER NO.
DOCKET NO. 20240001-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of -------
SBr
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.
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569( I), 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: (I) reconsideration within IO 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.