Florida Public Service Commission native order document 03849-2026

FILED 6/30/2026
DOCUMENT NO. 03849-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of revised 	DOCKET NO. 20260062-EI
depreciation rates for Bayside Power Station 	ORDER NO. PSC-2026-0239-CFO-EI
assets, by Tampa Electric Company._ ISSUED: June 30, 2026
ORDER GRANTING TAMPA ELECTRIC COMPANY’S REQUESTS
FOR CONFIDENTIAL CLASSIFICATION AND TEMPORARY
PROTECTIVE ORDER DOCUMENT NO. Í03440-2026)
On 	June 	10, 	2026, 	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 	and 	Request 	for 	Temporary 	Protective 	Order 	(Request) 	of
portions of its response to Staffs Second Data Request Nos. 	1-2 (Document No. 03480-2026).
Request for Confidential Classification
TECO contends 	that portions of the information contained in 	its response 	to Staffs Data
Request Nos. 	1-2 	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 	is
intended to be and 	is treated by TECO as private and has not been publicly disclosed.
The information contained in 	its responses 	to Staffs Data Request Nos. 	1-2, 	for which
confidentiality 	is 	requested, 	consists of 	specific 	future 	earnings 	guidance and 	other 	forward¬
looking 	financial 	projections. TECO 	argues 	that 	this 	information, 	if disclosed, 	could impair
TECO’s competitive business by making forecasted financial performance calculations available
prior to the required public release of that information and 	is protected by 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 infonnation 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 	information and data provided 	in 	this 	request 	satisfies 	the
criteria 	set 	forth 	in 	Section 	366.093(3), 	F.S., 	for 	classification 	as 	proprietary 	confidential
business infonnation. The financial performance information appears to be “information relating

ORDER NO. PSC-2026-0239-CFO-EI
DOCKET NO. 20260062-EI
PAGE 2
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. 03440-2026
shall be granted confidential classification.
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.
Request for Temporary Protective Order
Section 367.156(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)(a), 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 TECO’s assertions of the confidential nature of the information
contained in its response to Staff’s Second Data Request Nos. 1-2, TECO’s Request for
Temporary Protective Order, is hereby granted. 	As a result, this information shall be protected
from disclosure pursuant to Rule 25-22.006(6), F.A.C.

ORDER NO. PSC-2026-0239-CFO-EI
DOCKET NO. 20260062-EI
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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 and Request for Temporary Protective Order
of Document No. 03440-2026, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 03440-2026, 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 30th day of June,
2026.
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.
SBr

ORDER NO. PSC-2026-0239-CFO-EI
DOCKET NO. 20260062-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, 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.