Order No. PSC-2026-0241-CFO-WU•Florida Public Service Commission native order document 03851-2026
Florida Public Service Commission native order document 03851-2026
Order No. PSC-2026-0241-CFO-WUFlapubserv
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FILED 6/30/2026 DOCUMENT NO. 03851-2026 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application for authority to transfer facilities and water Certificate No. 401-W from Placid Lakes Utilities, Inc. to Sunshine Water Services Company, in Highlands County. _ DOCKET NO. 20260032-WU ORDER NO. PSC-2026-0241-CFO-WU ISSUED: June 30, 2026 ORDER GRANTING SUNSHINE WATER SERVICES COMPANY’S AMENDED REQUEST FOR CONFIDENTIAL CLASSIFICATION AND REQUEST FOR TEMPORARY PROTECTIVE ORDER (DOCUMENT NO. 01335-2026) On February 27, 2026, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule 25- 22.006, Florida Administrative Code (F.A.C.), Sunshine Water Services Company (SWS) filed a Request for Confidential Classification and Request for Temporary Protective Order (Request) of portions of Exhibit Q attached to its Water Application (Document No. 01335-2026). SWS filed an Amended Request for Confidential Classification and Request for Temporary Protective Order on March 31, 2026, which corrected statutory citations in its February filing. Request for Confidential Classification SWS contends that designated portions of the information contained in Exhibit Q to its Water Application, 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. Exhibit A attached to SWS’s Request contains a detailed matrix providing justification and support for the confidential classification of Exhibit Q to the application on a line-by-line, column-by-column basis. SWS asserts that this information is intended to be and is treated by SWS as private and has not been publicly disclosed. Ruling Section 367.156(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 367.156(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 367.156(3), F.S., provides that proprietary confidential business information includes, but is not limited to: (e) Information relating to competitive interests, the disclosure of which would impair the competitive businesses 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 367.156(3), F.S., for classification as proprietary confidential business information. The PricewaterhouseCoopers December 31, 2024 and 2023 audited consolidated financial statement of Nexus Regulated Utilities, LLC, SWS’s parent company, is
ORDER NO. PSC-2026-0241-CFO-WU DOCKET NO. 20260032-WU PAGE 2 contained in Exhibit Q. Disclosure of this information could impair the competitive interests of both SWS and Nexus Regulated Utilities, LLC. Thus the information identified in Document No. 01335-2026 shall be granted confidential classification. Pursuant to Section 367.156(4), F.S., confidentiality is for a period of 18 months from the date of this order. Request for Temporary Protective Order SWS also seeks protection of the documents as provided in Section 367.156(2), F.S., and Rule 25-22.006(6), F.A.C. 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), 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 SWS’s assertions of the confidential nature of the information contained in portions of Exhibit Q, Document No. 01335-2026, SWS’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. Based on the foregoing, it is hereby ORDERED by Commissioner Ana Ortega, as Prehearing Officer, that Sunshine Water Services Company’s Amended Request for Confidential Classification of Document No. 01335- 2026 is granted, as set forth herein. It is further ORDERED that Sunshine Water Services Company’s Request for Temporary Protective Order of the information in Document No. 01335-2026 is granted. It is further ORDERED that the information in Document No. 01335-2026, 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.
ORDER NO. PSC-2026-0241-CFO-WU DOCKET NO. 20260032-WU PAGE 3 By ORDER of Commissioner Ana Ortega, as Prehearing Officer, this 30th day of June, 2026. ANA ORTEGA 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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