Florida Public Service Commission native order document 01083-2026

FILED 2/13/2026
DOCUMENT NO. 01083-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of Big Bend Clean
Water Act Section 316(b) study, for cost
recovery through the environmental cost
recovery clause, by Tampa Electric Company.
DOCKET NO. 20250149-EI
ORDER NO. PSC-2026-0047-CFO-EI
ISSUED: February 	13, 2026
ORDER GRANTING TAMPA ELECTRIC COMPANY’S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
and
REQUEST FOR PROTECTIVE ORDER
(DOCUMENT NO. 00750-2026)
On January 29, 2026, Tampa Electric Company (TECO) 	filed a Request for Confidential
Classification and Request for Temporary Protective Order, pursuant to Section 366.093, Florida
Statutes (F.S.), and Rule 25-22.006, Florida Administrative Code (F.A.C.), of certain information
contained in TECO’s response 	to Florida Public Service Commission (Commission) staffs 	First
Data 	Request No. 	4. The 	information 	can 	be 	described 	as 	concerning TECO’s 	competitive
bidding process. (Document No. 00750-2026).
Request for Confidential Classification
TECO contends 	that 	the information 	in Exhibit A of the Request 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 	bids 	or 	other
contractual 	data, 	the 	disclosure of which would impair 	the 	efforts of TECO 	or 	its 	affiliates 	to
contract for goods and/or services on favorable terms. TECO further asserts 	that the information
is 	intended 	to 	be and 	is 	treated by TECO 	as 	private; and 	that 	the 	information 	has 	not been
publicly 	disclosed. 	For 	these 	reasons, TECO 	argues 	the 	information 	is 	confidential 	and 	is
protected by Section 366.093(3)(d), F.S.
Ruling
Section 	366.093(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 	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:
(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-2026-0047-CFO-EI
DOCKET NO. 20250149-EI
PAGE 2
Upon review, it appears the above-referenced information in Document No. 00750-2026,
as specifically detailed in Exhibit A, satisfies the criteria set forth in Section 366.093(3)(d), F.S.,
for classification as proprietary confidential business information. The information described
above concerns TECO’s competitive bidding process, which constitutes “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.” Thus, the information
identified in Document No. 00750-2026 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 TECO or another
affected person shows, and the Commission finds, that the records continue to contain
proprietary confidential business information.
Request for Temporary Protective Order
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 response, Document No. 00750-2026, TECO’s Request
for Temporary Protective Order is hereby granted. As a result, this information shall be protected
from disclosure 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. 00750-2026 is granted. It is
further

ORDER NO. PSC-2026-0047-CFO-EI
DOCKET NO. 20250149-EI
PAGE 3
ORDERED that Tampa Electric Company’s Request for Temporary Protective Order of
the information in Document No. 00750-2026 is granted. It is further
ORDERED that the information in Document No. 00750-2026, 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 13th day of
February, 2026.
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-2026-0047-CFO-EI
DOCKET NO. 20250149-EI
PAGE 4
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission (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.