Florida Public Service Commission native order document 02858-2023

FILED 4/25/2023
DOCUMENT NO. 02858-2023
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-2023-0145-CFO-EI
ISSUED: April 25, 2023
ORDER GRANTING TAMPA ELECTRIC COMPANY' S REQUEST
FOR CONFIDENTIAL CLASSIFICATION (DOCUMENT NO. 02502-2023)
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 for portions of Exhibit MAS-I, Schedule Al2 (Bates Stamp page
36), attached to the testimony of Ashley Sizemore filed on April 3, 2023 (Document No. 02502-
2023).
Request for Confidential Classification
TECO contends that portions of the information contained in Exhibit MAS-I, Schedule
Al2 (Bates Stamp page 36) attached to the testimony of Ashley Sizemore 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 MAS-I, Schedule Al2 (Bates Stamp page 36), for
which confidentiality is requested consists of portions of Schedule A-12 (Tampa Electric
Company Capacity Cos ts Actual Purchases and Sales for the Period January 2022 through
December 2022) which contain actual purchase amounts of electric capacity bought pursuant to
confidential contracts between TECO and various energy providers. 	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-2023-0145-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 actual electric capacity purchase amounts for
2021 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. 02502-2023) 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. 02502-2023), is granted, as
set forth herein. It is further
ORDERED that the information in Document No. 02502-2023) 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-2023-0145-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.