Order No. PSC-2024-0446-CFO-EI•Florida Public Service Commission native order document 09536-2024
Florida Public Service Commission native order document 09536-2024
Order No. PSC-2024-0446-CFO-EIFlapubserv
Texto completo
FILED 10/15/2024
DOCUMENT NO. 09536-2024
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. 20240001-EI
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ORDER NO. PSC-2024-0446-CFO-EI
ISSUED: October 15, 2024
ORDER GRANTING TAMP A ELECTRIC COMPANY'S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
{DOCUMENT NO. 08890-2024)
On September 5, 2024, pursua nt 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 of portions of materials contained in Schedule El2 (Bates Stamp
Page 18) (Document No. 08890-2024).
Request for Confidential Classification
TECO contends that portions of the information contained in Schedule El2 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 Schedule El2 consists of energy purchase amounts
pursuant to confidential contracts negotiated between TECO and third party 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
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:
(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.ORDER NO. PSC-2024-0446-CFO-EI DOCKET NO. 20240001-EI PAGE 2 Upon review, it appears the information and data provided in this request satisfies the criteria set forth in Section 366.093(3), F.S., for classification as proprietary confidential business information. The information regarding third party energy purchases 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. 08890-2024 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. Based on the foregoing, it is hereby ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Tampa Electric Company’s Request for Confidential Classification of Document No. 08890-2024, is granted, as set forth herein. It is further ORDERED that the information in Document No. 08890-2024, 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.
PSC-2024-0446-CFO-EI 15th October 2024 ORDER NO. DOCKET NO. 20240001-EI PAGE3 By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day of ------- SBr Gabrie ll a Passidomo Commissioner and Prehearing Officer Florida Public Service Commission 2540 Shwnard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www .floridapsc.com Copies furn ished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. 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 we ll 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 Ru le 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 Appe ll ate Procedure.
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