Florida Public Service Commission native order document 04839-2026

FILED 8/3/2026
DOCUMENT NO. 04839-2026
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. 20260001 -EI
ORDER NO. PSC-2026-0271-CFO-EI
ISSUED: August 3, 2026
ORDER GRANTING TAMPA ELECTRIC COMPANY’S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
AND TEMPORARY PROTECTIVE ORDER (DOCUMENT NO. 03503-2026)
On 	June 	11, 	2026, 	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 	and 	Request 	for 	Temporary 	Protective 	Order 	(Request) 	of
portions of 	its revised responses 	to Staffs 	First 	Set of Interrogatories Nos. 	1(b), 	4(a) and 4(d)
(Document No. 03503-2026).
Request for Confidential Classification
TECO 	contends 	that 	portions 	of 	the 	information 	contained 	in 	portions 	of 	its 	revised
responses 	to Staffs 	First 	Set of Interrogatories Nos. 	1(b), 	4(a) and 4(d) 	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 	portions of 	its 	revised responses 	to 	Staffs 	First 	Set of
Interrogatories 	Nos. 	1(b), 	4(a) 	and 	4(d), 	for which 	confidentiality 	is 	requested, 	consists 	of
replacement power costs associated with partial and 	full forced outages 	that took place in 2025
and 	information 	concerning 	the 	preventive 	maintenance 	test 	conducted 	on 	the 	Bayside
Combustion Turbine 2D in January 2025. TECO argues 	that this information, 	if disclosed, could
impair TECO’s competitive business and is protected by Sections 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) 	Infonnation 	relating 	to competitive 	interests, 	the 	disclosure of which would
impair the competitive business of the provider of the information.

ORDER NO. PSC-2026-0271-CFO-EI
DOCKET NO. 20260001-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 outage information provided appears to be “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. 03503-2026
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
Section 367.156(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 the public records law, Section 119.07(1),
F.S. Rule 25-22.006(6)(a), 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.
In addition, Rule 25-22.006(6)(c), F.A.C., states that if a party allows OPC to inspect or
take possession of utility information, then that “utility may request a temporary protective order
exempting the information from Section 119.07(1), F.S.” The rule further requires the utility to
file a specific request for a protective order under paragraph (a) of the rule if the information is to
be used in the proceeding before the Commission.
Ruling
Upon consideration of TECO’s assertions of the confidential nature of the information
contained in its revised responses to Staff’s First Set of Interrogatories Nos. 1(b), 4(a) and 4(d)
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.

ORDER NO. PSC-2026-0271-CFO-EI
DOCKET NO. 20260001-EI
PAGE 3
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 and Request for Temporary Protective Order
of Document No. 03503-2026, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 03503-2026, 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 3rd day of
August, 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.
SBr

ORDER NO. PSC-2026-0271-CFO-EI
DOCKET NO. 20260001-EI
PAGE 4
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.