Florida Public Service Commission native order document 02414-2023

FILED 3/27/2023
DOCUMENT NO. 02414-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of purchased power
agreement between Tampa Electric Company
and Pa sco Coun 	.
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DOCKET NO. 20220186-EI
ORDER NO.PSC-2023-0117-CFO-EI
ISSUED: March 27, 2023
ORDER GRANTING CONFIDENTIALITY FOR AMENDED REQUEST
On February 2, 2023, pursuant to Section 366.093, Florida Statutes (F .S.), and Rule 25-
22.006, Florida Administrative Co de (F .A.C.), Tampa Electric Company (TECO) filed 	an
Amended Request for Confidential Classification (Request) of information contained in the
purchased power agreement (Agreement) included in its Petition (Document No. 00813-2023).
This request was filed in Docket No. 20220186-EI. The amended Request narrows the scope of
information for which confidentiality is requested and replaces the one originally filed by TECO
on November 4, 2022.
Request for Confidential Classification
TECO contends that designated portions of the information constitute proprietary and
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 priva te and has not been publicly di sclosed. More specifically, the information for which
confidentiality is sought concerns contractual p ayments a nd rates between TECO and Pa sco
County used in several examples for their Agreement. Also included are contract termination
payment values and the Pasco Transmission Cost Cap value.
TECO 	contends 	that the 	highlighted 	rates 	and 	terms in 	the 	Agreement represent
contractual information that both parties to the Agreement treat as proprietary confidential
business information as well as cost information that TECO considers proprietary confidential
business information. TECO argues that such information concerns bids or other contractual
data, the disclosure of which would impair their efforts to contract for goods and services on
favorable terms and relates to their competitive interests, the disclosure of which would impair
their competitive business. Therefore, TECO contends the Agreement is entitled to confidential
classification pursuant to Section 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
a nd sha ll be exempt from Chapter 11 9, 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

ORDER NO. PSC-2023-0117-CFO-EI
DOCKET NO. 20220186-EI
PAGE 2
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 above-referenced information satisfies the criteria set forth in
Section 366.093(3), F.S., for classification as proprietary confidential business information. The
information described above and in TECO’s Request appears to contain information concerning
bids or other contractual data, the disclosure of which would impair the efforts of TECO 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. 00813-2023 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.
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. 00813-2023 is granted. It is
further
ORDERED that the information in Document No. 00813-2023, 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. 	At the conclusion of the 18-month period, the
confidential information will no longer be exempt from Section 119.07(1), F.S., unless Tampa
Electric Company or another affected person shows, and the Commission finds, that the records
continue to contain proprietary confidential business information. 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.

ORDER NO. PSC-2023-0117-CFO-EI
DOCKET NO. 20220186-EI
PAGE 3
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 27th day of
March, 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.
MRT
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.