DR 97-242
BELL ATLANTIC
Special Contract with St. Mary's Bank
Order Granting Motion for Proprietary Treatment
O R D E R N O. 22,833
January 12, 1998
On November 26, 1997, New England Telephone and
Telegraph Company, now d/b/a Bell Atlantic (Bell Atlantic), filed
with the New Hampshire Public Utilities Commission (Commission),
pursuant to RSA 378:18, a special contract with St. Mary's Bank
for Centrex Services. Bell Atlantic also filed a contract
overview and a cost study in support of the special contract.
On the same date, Bell Atlantic filed a Motion for
Proprietary Treatment to exempt the cost study and certain terms
of the special contract and its appendices (collectively, the
Information) from public disclosure pursuant to RSA 91-A and N.H.
Admin. Rules Puc 204.05 and 204.06.
On December 16, 1997, the Commission approved the
proposed special contract, without ruling on Bell Atlantic's
Motion. Pursuant to Puc 204.05(b) the Commission has maintained
the Information confidential as provided in Puc 204.06(d) unless
and until the Commission itself rules otherwise. Bell Atlantic
filed full, unredacted copies of the special contract as well as
unredacted copies, consistent with the Commission's mandate to
maintain the maximum level of public access to Commission
business.
In its motion, Bell Atlantic states that the
Information contains details of specific service features,
pricing and incremental costs, and other information for specific
customer locations, opportunities for growth, and engineering
features. Bell Atlantic asserts that this Information falls
within the exemptions from disclosure set forth in RSA 91-A:5,
IV, as further defined in Puc 204.06. In particular, Bell
Atlantic asserts facts describing how release of the Information
would provide competitors with an unfair competitive advantage in
developing marketing strategies. The benefits of non-disclosure,
as measured by the described competitive harm inflicted on Bell
Atlantic and the general body of ratepayers as a result of
disclosure, outweigh the benefits of disclosure, according to
Bell Atlantic, thus satisfying the requirements of Puc 204.06(b).
Bell Atlantic's motion presents facts demonstrating
that the Information meets the requirements of Puc 204.06(c),
that is, information which is confidential, research,
development, financial, or commercial information. The
demonstration includes evidence showing the Information is not
general public knowledge or published elsewhere and that measures
have been taken to prevent dissemination in the ordinary course
of business, thus satisfying the requirement of Puc 204.06(c).
Specifically, a Bell Atlantic pricing analyst attests that the
Information is compiled from internal data bases that are not
publicly available and which are protected from dissemination
either by Bell Atlantic employees or by non-Bell Atlantic
employees. Further, Bell Atlantic asserts that St. Mary's Bank
itself takes measures to prevent dissemination of the
Information.
The Commission recognizes that the Information is
critical to our review of the proposed special contract. Based
on the company's representations, under the balancing test we
have applied in prior cases, e.g., Re New England Telephone
Company (Auditel), 80 NHPUC 437 (1995), we find that the benefits
to Bell Atlantic of non-disclosure in this case outweigh the
benefits to the public of disclosure.
Based upon the foregoing, it is hereby
ORDERED, that Bell Atlantic's Motion for Proprietary
Treatment is GRANTED; and it is
FURTHER ORDERED, that this Order is subject to the on-going rights of the Commission, on its own motion or on the
motion of Staff, any party or any other member of the public, to
reconsider this Order in light of RSA 91-A, should circumstances
so warrant.
By order of the Public Utilities Commission of New
Hampshire this twelfth day of January, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary