Florida Public Service Commission native order document 03804-2023

Order No. PSC-2023-0184-CFO-GUFlapubserv

Texte intégral

FILED 6/26/2023
DOCUMENT NO. 03804-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Peoples Gas
System, Inc.
In re: Petition for approval of 2022
depreciation study, by Peoples Gas System,
Inc.
In re: Petition for approval of depreciation rate
and subaccount for renewable natural gas
facilities leased to others, by Peoples Gas
System, Inc.
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
ORDER NO. PSC-2023-0184-CFO-GU
ISSUED: June 26, 2023
ORDER GRANTING PEOPLES GAS SYSTEM, INC.'S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 02686-2023)
On April 14 , 2023, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Peoples Gas System, Inc. (PGS) filed a Request
for Confidential Classification (Request) of information contained in its Response to Florida
Public Service Commission (Commission) Staffs Third Data Request (Document No. 02686-
2023). This request was filed in Docket No. 20230023-GU.
Request for Confidential Classification
PGS contends that the information contained in Document No. 02686-2023 constitutes
proprietary and confidential business information entitled to protection under Section 366.093,
F.S., and Rule 25-22.006, F.A.C. PGS asserts that this information is intended to be and is
treated by PGS as private and has not been publicly disclosed. PGS further contends that the
information relates to the competitive interests of PGS, the disclosure of which would impair
their competitive business. More specifically, the information for which confidentiality is sought
relates to a series of agreements between PGS and Brightmark Sobek RNG, LLC, for the
construction, 	purchase, 	and 	leasing 	of 	anaerobic 	di gesters, 	biogas 	upgrade 	facilities,
interconnecting pipeline structures, and other structures as well as PGS's legal rights a nd
remedies in the event of a default.
Ruling
Section 366.093(1), F.S., provides that records the Commission has found to contain
proprietary business information sha ll be kept confidential and sha ll be exempt from Chapter
119 , 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
ORDER NO. PSC-2023-0184-CFO-GU
DOCKET NOS. 20230023-GU, 20220219-GU, 20220212-GU
PAGE 2
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 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 PGS’s Request appears to contain information concerning
bids or other contractual data, the disclosure of which would impair the efforts of PGS 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. 02686-2023 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 PGS 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 Gabriella Passidomo, as Prehearing Officer, that Peoples
Gas System, Inc.’s Request for Confidential Classification of Document No. 02686-2023 is
granted. It is further
ORDERED that the information in Document No. 02686-2023, 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 Peoples
Gas System, Inc. 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-2023-0184-CFO-GU
DOCKET NOS. 20230023-GU, 20220219-GU, 20220212-GU
PAGE 3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this 26th day
of June, 2023.
Gabriella Passidomo
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.

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