Florida Public Service Commission native order document 00945-2023

FILED 2/6/2023
DOCUMENT NO. 00945-2023
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-2023-0079-CFO-EI
ISSUED: February 6, 2023
ORDER GRANTING TAMPA ELECTRIC COMPANY'S AMENDED REQUEST
FOR SPECIFIED CONFIDENTIAL TREATMENT AND MOTION FOR
TEMPORARY PROTECTIVE ORDER (DOCUMENT NO. I 0500-2022)
On October 28, 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 	an
Amended Request for Specified Confidential Treatment and Motion for Temporary Protective
Order (Request) of portions of its Form 423 Fuel Reports for the months of June through August,
2022 (Document No. I 0500-2022).
Request for Confidential Classification
TECO contends that designated portions of the information contained in its 423 Report
for the months of June through August, 2022, 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 ju stification and support for confidential classification of the
information in each section of the 423 Reports (Forms 423-1, 423-l(a), 423-l(b), 423-2, 423-
2(a), 423-2(b), and 423-2(c) on a line-by-line, column-by-column basis. TECO asserts that this
information is intended to be and is treated by TECO as private and has not been publicly
disclosed.
TECO seeks protection of the information contained in the 423 Reports for a period of
two years. 	TECO contends that the need for two years of confidentiality is vital not only to
TECO and its ratepayers, but to the vendors of coal and coal transportation services as well.
TECO alleges disclosure of the effective purchase price "would impair the efforts of
Tampa Electric to contract for goods or services on favorable terms" and should be protected
under Section 366.093(3)(d), F.S. Additionally, di sclosure of the purchase price would enable
one to ascertain the total transportation charges by subtracting the effective price from the
delivered price at the transfer facility. Any competitor with knowledge of the total transportation
charges would be able to use that information in conjunction with the published delivered price at
the United Bulk Terminal Transfer Facility to determine the segmented transportation costs. The
disclosure of the segmented transportation costs would have a direct impact on TECO's future
fuel a nd transportation contracts by informing potential bidders of current prices paid for
services provided.
TECO also contends disclosure of the rail rate per ton would adversely affect its ability
to negotiate favorable rail rates. Disclosure of the rail rates paid would effectively eliminate any
negotiating leverage a nd could lead to higher rail rates. This would work to the ultimate

ORDER NO. PSC-2023-0079-CFO-EI
DOCKET NO. 20230001-EI
PAGE 2
detriment of TECO and its customers. Accordingly, TECO argues disclosure of this information
"would impair the efforts of TECO to contract for goods or services on favorable terms” and
should be protected by Section 366.093(3)(d), F.S.
TECO further asserts that the disclosure of rail transportation rates will result in demands
by shippers to lower any rates which are above the disclosed rates. 	It argues that the effect of
disclosure will be to increase the lower rate as the transportation provided will seek to protect the
rates charged on other routes. TECO avers that the delay of this disclosure for two years will be
of direct benefit to ratepayers by delaying any increases that might occur as a result of such
disclosure.
Ruling
Section 366.093(1), F.S., provides that the records the 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:
(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
business information. The transportation pricing data for coal appears 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. 10500-2022 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.” 	TECO appears to have provided sufficient information concerning the harm
which 	could 	arise 	from 	not 	protecting 	this 	information 	for 	a 	minimum 	of 	two 	years.
Accordingly, 	the 	information 	identified 	in 	Document 	No. 	10500-2022, 	shall 	be 	granted
confidential classification for a period of two years from the issuance of this Order.

ORDER NO. PSC-2023-0079-CFO-EI
DOCKET NO. 20230001-EI
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Motion for Temporary Protective Order
TECO also seeks protection of the documents as provided in Section 366.093(2), F.S.,
and Rule 25-22.006(6), F.A.C. 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 the public
records law. 	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.
Upon consideration of TECO’s assertions of the confidential nature of the information
contained in portions of the 423 Reports, Document No. 10500-2022, TECO’s Motion 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.
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. 10500-2022 is granted, as
set forth herein. It is further
ORDERED that Tampa Electric Company’s Motion for Temporary Protective Order of
the information in Document No. 10500-2022 is granted. It is further
ORDERED that the information in Document No. 10500-2022, for which confidential
classification is granted, shall remain protected from disclosure for a period of 24 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.

ORDER NO. PSC-2023-0079-CFO-EI
DOCKET NO. 20230001-EI
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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
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.