Florida Public Service Commission native order document 00054-2023

FILED 1/4/2023
DOCUMENT NO. 00054-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Application for certificates to provide
water and wastewater service and approval of
initial rates and charges in Sumter County, by
Middleton Utility Company, LLC.
DOCKET NO. 20220088-WS
ORDER NO. PSC-2023-0011-CFO-WS
ISSUED: January 4, 2023
ORDER GRANTING REQUEST FOR CONFIDENTIAL
CLASSIFICATION (DOCUMENT NO. 02653-2022)
On April 27, 2022, pursuant to Section 367.156, Florida Statutes (F .S.), and Rule 25-
22.006, Florida Administrative Code (F .A.C.), Middleton Utility Company, Inc. (Middleton)
filed a Request for Confidential Classification (Request) of certain information contained in the
balance sheet and income statement of its parent, Holding Company of the Villages, Inc.
(Document No. 02653-2022).
Request for Confidential Classification
Middleton contends that certain information contained in the balance sheet a nd income
statement of its parent, Holding Company of the Villages, Inc. constitutes proprietary and
confidential business information entitled to protection under Section 367.156, F.S., and Rule
25-22.006, F.A.C. 	Middleton asserts that this information is intended to be and is treated by
Middleton as private and has not been publicly disclosed.
Middleton contends that certain information in balance sheet and income statement of its
parent, Holding Company of the Villages, Inc. consists of information whose disclosure would
disclose trade secrets, impair Middleton's competitive interests, and impair its ability to contract
for goods and services on a favorable basis. 	For these reasons Middleton argues that this
information is protected by Section 367.156(3)(e), F.S.
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 busine ss 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

ORDER NO. PSC-2023-0011-CFO-WS
DOCKET NO. 20220088-WS
PAGE 2
information described above and in Middleton’s Request appears to contain information relating
to competitive interests, the disclosure of which would impair the competitive business of
Middleton as well as its parent company. Thus, the information identified in Document No.
02653-2022 shall be granted confidential classification.
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 Middleton 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 Art Graham, as Prehearing Officer, that Middleton Utility Company,
LLC’s Request for Confidential Classification of Document No. 02653-2022 is granted. It is
further
ORDERED that the information in Document No. 02653-2022, 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 Florida
Power & Light Company 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.
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 4th day of January,
2023.
ART GRAHAM
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

ORDER NO. PSC-2023-0011-CFO-WS
DOCKET NO. 20220088-WS
PAGE 3
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.