Florida Public Service Commission native order document 07497-2026

FILED 10/23/2026
DOCUMENT NO. 07497-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Application for rate increase by Florida
City Gas.
DOCKET NO. 20260026-GU
ORDER NO. PSC-2026-0369-CFO-GU
ISSUED: October 23, 2026
ORDER GRANTING FLORIDA CITY GAS’S REQUEST FOR CONFIDENTIAL
CLASSIFICATION AND MOTION FOR TEMPORARY PROTECTIVE ORDER
(DOCUMENT NO. 02752-2026)
On May 	8, 	2026, 	pursuant 	to 	Section 	366.093, 	Florida 	Statutes 	(F.S.), 	and Rule 	25-
22.006, 	Florida 	Administrative Code 	(F.A.C.), 	Florida 	City Gas (FCG) 	filed 	a 	Request 	for
Confidential 	Classification and Motion 	for Temporary 	Protective 	Order 	(Request) 	of 	certain
information 	sent 	in response 	to the 	Office of Public Counsel’s 	First Request 	for Production of
Documents, Nos. 	11 and 12 (Document No. 02752-2026).
Request for Confidential Classification
FCG contends 	that the information 	in Document No. 02752-2026 	constitutes proprietary
and 	confidential 	business 	information 	entitled 	to 	protection under 	Section 	366.093, 	F.S., and
Rule 	25-22.006, 	F.A.C. FCG 	asserts 	that 	the 	information 	at 	issue 	relates 	to: 	(i) 	competitively
negotiated 	data, such 	as 	proprietary 	confidential business information concerning bids or other
contractual 	data, 	the 	disclosure of which could impair 	the 	efforts of FCG 	to 	contract 	for goods
and/or 	services 	on 	favorable 	terms; 	and 	(ii) 	competitive 	interests, 	which 	could 	be 	used 	by
competitors 	to 	gain 	confidential 	internal 	information. More 	specifically, 	the 	information 	for
which 	confidentiality 	is 	sought 	contains 	internal 	projection 	data 	and 	budget 	information.
Therefore, FCG 	argues 	the 	information 	is 	confidential and 	is 	protected by 	Section 366.093(d)
and 	(e), 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.
(e) 	Information 	relating 	to competitive 	interests, 	the 	disclosure of which would
impair the competitive business of the provider of the information.

ORDER NO. PSC-2026-0369-CFO-GU
DOCKET NO. 20260026-GU
PAGE 2
Upon review, it appears the above-referenced information in Document No. 02752-2026,
satisfies the criteria set forth in Section 366.093(d) and (e), F.S. for classification as proprietary
confidential business information. The information described above and in FCG’s Request
appears to contain contractual data, pricing information and projected budget information, 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,” 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. 02752-2026 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 FCG or another
affected person shows, and the Commission finds, that the records continue to contain
proprietary confidential business information.
Motion for Temporary Protective Order
FCG also seeks protection of the documents 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 FCG’s assertions of the confidential nature of the information
contained in portions of the discovery responses, Document No. 02752-2026, FCG’s Motion 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

ORDER NO. PSC-2026-0369-CFO-GU
DOCKET NO. 20260026-GU
PAGE 3
ORDERED by Commissioner Mike La Rosa as Prehearing Officer, that Florida City
Gas’s Request for Confidential Classification of Document No. 02752-2026 is granted. It is
further
ORDERED that Florida City Gas’s Motion for Temporary Protective Order of the
information in Document No. 02752-2026 is granted. It is further
ORDERED that the information in Document No. 02752-2026, 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 Mike La Rosa, as Prehearing Officer, this 23rd day of
October, 2026.
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.
MRT/AH

ORDER NO. PSC-2026-0369-CFO-GU
DOCKET NO. 20260026-GU
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.