Order No. PSC-2023-0146-CFO-EI•Florida Public Service Commission native order document 02859-2023
Florida Public Service Commission native order document 02859-2023
Order No. PSC-2023-0146-CFO-EIFlapubserv
Full text
FILED 4/25/2023
DOCUMENT NO. 02859-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery
clause with generating performance incentive
factor.
DOCKET NO. 20230001-EI
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ORDER NO. PSC-2023-0146-CFO-EI
ISSUED: April 25, 2023
ORDER APPROVING TAMPA ELECTRIC COMPANY ' S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
{DOCUMENT NO. 02504-2023)
On April 3, 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 Confidential Classification of materials contained in Exhibit JCH-1 attached to the testimony
of John C. Heisey (Bates Stamp page 12, Tampa Electric Asset Optimization Detail - Table 5)
filed on April 3, 2023 (Document No. 02504-2023).
Request for Confidential Classification
TECO contends that portions of the information contained in Exhibit JCH -1 attached to
the testimony of John C. Heisey 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 Exhibit JCH-1 for which confidentiality is requested relates
to asset optimization activities and details of TECO's competitive and strategic approaches to
asset optimization for the period January 2022 through December 2022. TECO argues that this
information, if disclosed, would be harmful to its competitive interests and is protected by
Paragraphs 366.093(3)(d) and (e), F.S.
Ruling
Subsection 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. Subsection 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. Subsection 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.ORDER NO. PSC-2023-0146-CFO-EI DOCKET NO. 20230001-EI PAGE 2 (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 Subsection 366.093(3), F.S., for classification as proprietary confidential business information. The information regarding asset optimization activities 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. 02504-2023 shall be granted confidential classification. Pursuant to Subsection 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 Subsection 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. 02504-2023, is granted, as set forth herein. It is further ORDERED that the information in Document No. 02504-2023 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. 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-2023-0146-CFO-EI DOCKET NO. 20230001-EI PAGE 3 By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 25th day of April, 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.
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