Florida Public Service Commission native order document 01100-2024

Order No. PSC-2024-0063-CFO-SUFlapubserv

Texte intégral

FILED 3/11/2024
DOCUMENT NO. 01100-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Application for certificate to provide 	DOCKET NO. 20240032-SU
wastewater service in Charlotte County by 	ORDER NO. PSC-2024-0063-CFO-SU
Environmental Utilities, LLC. 	ISSUED: March 11, 2024
--------~--------~
ORDER GRANTING ENVIRONMENTAL UTILITIES, LLC'S REQUEST FOR
CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 00712-2024)
On February 12, 2024, pursuant to Section 367.156, Florida Statutes (F.S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Environmental Utilities, LLC 	(EU) 	filed a
Request for Confidential Classification (Request) of certain information contained in portions of
the Financial Statement provided in support of EU's financial ability to provide utility service
(Document No. 00712-2024). This request was filed in Docket No. 20240032-SU.
Request for Confidential Classification
EU contends that designated portions of the Financial Statement constitute proprietary
confidential business information entitled to protection under Section 367.156, F.S., and Rule
25-22.006, F.A.C. EU asserts that the confidential information in the documents consists of
personal financial and other information such as personal residence, personal vehicles owned,
personal investme nt , personal indebtedness, etc. EU argues that disclosure of the confidential
information would impair the owner' s competitive interests he may acquire in other utilities in
the future. Consequently, EU requests that the Florida Public Service Commission (Commission)
grant confidential classification for portions of the Financial Statement, pursuant to Section
367.156, F.S., and Rule 25-22.006, F.A.C.
Ruling
Section 367.156(1), F.S., provides that records the Commission has found to contain
proprietary business information shall be kept confidential and shall be exempt from Chapter
119 , 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 business of the provider of the information.
Upon review, it appears the above-referenced information satisfies the criteria set forth in
Section 367.156(3), F.S., for classification as proprietary confidential business information. The
personal 	financial 	and 	other 	information 	constitutes 	"information 	relating 	to 	competitive
interests, the disclosure of which would impair the competitive business of the provider of the
ORDER NO. PSC-2024-0063-CFO-SU
DOCKET NO. 20240032-SU
PAGE 2
information.” Thus, the information identified in Document No. 00712-2024 shall be granted
confidential classification under 367.156(4), F.S.
Pursuant to Section 367.156(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 EU, 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
ORDERED 	by 	Commissioner 	Gabriella 	Passidomo 	as 	Prehearing 	Officer, 	that
Environmental Utilities, LLC’s Request for Confidential Classification of Document No. 00712-
2024, is granted. It is further
ORDERED that the information in Document No. 00712-2024 for which confidential
classification has been granted shall remain protected from disclosure for a period of 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 EU 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.
11th
March 2024
PSC-2024-0063-CFO-SU	ORDER NO.
DOCKET NO. 20240032-SU
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of -------
MRT
Gabriella Passidomo
Commiss ioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413 -6770
www.floridapsc.com
Copies furnished: 	/\ copy of this document is
provided to th e parties of record at the time of
issuance and, if applicable, interested persons.
NOTICE OF FURTl IER PROC EEDrNGS OR JU DI CIAL REVIEW
The Florida Public Service Commission is required by Sec ti on 	120.569( I) , 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 fo r an
administrative hearing or judicial review will be granted or result in the relief sought.
Mediation may be available on a case -b y-case basis. 	If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
Any 	pa1ty 	adversely 	affected 	by this order, 	which 	is 	preliminary, 	procedural 	or
intermediate in nalUre, may request: (I) reconsideration within IO days pursuant to Rule 25-
22.0376, Florida Administrative Code; or (2) judicial review by the Florida Sup rem e Cou11. in
the case of an electric, gas or telephone utility, or the First District Cou11 of Appeal, in the case
of a water or wastewater utility. 	A motion for reconsideration shall be filed with the Oflice 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 ava il able if review
of the final ac ti on wi ll not provide an adequate remedy. Such review may be requested from the
appropriate court. as described above, pursuant to Rule 9.100, Flo rid a Rules of Appellate
Procedure.

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