Order No. PSC-2024-0374-CFO-EI•Florida Public Service Commission native order document 08607-2024
Florida Public Service Commission native order document 08607-2024
Order No. PSC-2024-0374-CFO-EIFlapubserv
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FILED 8/22/2024 DOCUMENT NO. 08607-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for rate increase by Tampa Electric Company. In re: Petition for approval of 2023 depreciation and dismantlement study, by Tampa Electric Company. In re: Petition to implement 2024 generation base rate adjustment provisions in paragraph 4 of the 2021 stipulation and settlement a reement, by Tam a Electric Com any. DOCKET NO. 20240026-EI DOCKET NO. 20230139-EI DOCKET NO. 20230090-EI ORDER NO. PSC-2024-0374-CFO-EI ISSUED: August 22, 2024 ORDER GRANTING TAMPA ELECTRIC COMPANY' S AMENDED REQUEST FOR CONFIDENTIAL CLASSIFICATION and AMENDED REQUEST FOR PROTECTIVE ORDER (DOCUMENT NOS. 02983-2024 AND 08520-2024) On May 10 , 2024, Tampa Electric Company (TECO) filed a Motion for Temporary Protective Order, pursuant to Section 366.093, Florida Statutes (F .S.), a nd Rule 25-22.006, Florida Administrative Code (F .A. C.), pertaining to certain information contained in TECO' s response to the Office of Public Counsel' s (OPC) Fourth Request for Production of Documents Nos. 4 7, 49, 50, 51 , 62, and 67. (Document No. 02983-2024 ). On May 13 , 2024, TECO filed a Request for Confidential Classification, pursuant to Section 366.093 , Florida Statutes (F.S.), and Rule 25-22.006, Florida Administrative Code (F .A.C.), which more specifically detailed the portions of information contained in its responses that TECO alleges to be confidential in nature. The information can be described as credit ratings for TECO and its affiliates as well as projections for retirement plans and project sites. (Document No. 02983-2024). On August 19 , 2024, TECO filed an Amended Request for Confidential Classification a nd Request for Temporary Protective Order. TECO states it beca me aware of an error in its Original Motion and Original Request. TECO submits its Amended Request to (i) properly designate the appropriate Bates Numbers containing confidential information within TECO' s response to OPC' s Fourth Request for Production of Documents No. 50 and (ii) relinquish any claim of confidentiality to the materials associated with TECO 's response to OPC' s Fourth Request for Production of Documents No. 62. (Document No. 08520-2024).
ORDER NO. PSC-2024-0374-CFO-EI DOCKET NOS. 20240026-EI, 20230139-EI, 20230090-EI PAGE 2 Requests for Confidential Classification TECO contends that the information in Exhibit A of the Original Request, as modified by Exhibit A of the Amended Request and TECO’s relinquishment of confidentiality claim for its response to OPC’s Fourth Request for Production of Documents No. 62, constitutes proprietary and confidential business information entitled to protection under Section 366.093, F.S., and Rule 25-22.006, F.A.C. TECO asserts that the information at issue relates to competitive interests, which could be used by competitors to gain confidential internal information. For that reason, TECO argues the information is entitled to confidential classification pursuant to Section 366.093(3)(e), F.S. Ruling Section 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. 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: (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 in Document Nos. 02983-2024 and 08520-2024, specifically detailed in Exhibit A of the Original Request but as modified by Exhibit A of the Amended Request and TECO’s relinquishment of confidentiality claim for its response to OPC’s Fourth Request for Production of Documents No. 62, satisfies the criteria set forth in Section 366.093(3)(e), F.S., for classification as proprietary confidential business information. The information constitutes “information relating to competitive interests, the disclosure of which would impair the competitive business of the provider of the information.” Thus, specific portions of information identified in Document Nos. 02983-2024 and 08520-2024 shall be granted confidential classification on the bases explained above. 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 TECO or another affected person shows, and the Commission finds, that the records continue to contain proprietary confidential business information.
ORDER NO. PSC-2024-0374-CFO-EI DOCKET NOS. 20240026-EI, 20230139-EI, 20230090-EI PAGE 3 Request and Motion for Temporary Protective Orders TECO also seeks protection of the document as provided in Section 366.093, F.S., and Rule 25-22.006, 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 Section 119.07(1), F.S., the public records law. 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. Ruling Upon consideration of TECO’s assertions of the confidential nature of the information contained in portions of the discovery responses, Document Nos. 02983-2024 and 08520-2024, TECO’s Motion for Temporary Protective Order and TECO’s Request for Temporary Protective Order are hereby granted consistent with the rationale expressed herein. As a result, this information shall be protected from disclosure as set forth herein pursuant to Rule 25-22.006(6), F.A.C. Based on the foregoing, it is hereby ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that Tampa Electric Company’s Request for Confidential Classification of Document No. 02983-2024, as modified by Tampa Electric Company’s Amended Request for Confidential Classification filed August 19, 2024, is granted. It is further ORDERED that Tampa Electric Company’s Amended Request for Confidential Classification of Document No. 08520-2024 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. 02983-2024 is granted as set forth herein. It is further ORDERED that Tampa Electric Company’s Request for Temporary Protective Order of the information in Document No. 08520-2024 is granted as set forth herein. It is further
ORDER NO. PSC-2024-0374-CFO-EI DOCKET NOS. 20240026-EI, 20230139-EI, 20230090-EI PAGE 4 ORDERED that the information in Document Nos. 02983-2024 and 08520-2024, 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. By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 22nd day of August, 2024. GARY F. CLARK 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. CMM
ORDER NO. PSC-2024-0374-CFO-EI DOCKET NOS. 20240026-EI, 20230139-EI, 20230090-EI PAGE 5 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. 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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