DR 97-180
BELL ATLANTIC
Petition to Change "Call Around 603 (Plus)"
Order Granting Motion for Proprietary Treatment
O R D E R N O. 22,870
March 16, 1998
On February 26, 1998, New England Telephone & Telegraph
Company, now d/b/a Bell Atlantic (Bell Atlantic) filed with the
New Hampshire Public Utilities Commission (Commission), pursuant
to Puc 203.04, a Motion for Confidential Treatment of certain
information (Information) filed in support of proposed changes to
Bell Atlantic's "CallAround 603 (Plus)" tariff. "CallAround 603
(Plus)" is an optional calling plan for New Hampshire customers
which provides a flat rate for an hour of toll calling during
certain hours and a discounted rate for certain other calls. The
proposed changes are part of Bell Atlantic's overall revenue
reduction plan referred to in Order No. 22,861 (March 10, 1998)
and will simplify this optional calling plan for residential
customers.
Bell Atlantic filed the Information in redacted form as
well as full, unredacted copies of the Information. Consistent
with recent Commission orders, Bell Atlantic did not redact the
relevant rates and charges.
In its motion, Bell Atlantic states that the
Information contains competitively-sensitive revenue analyses and
targeted market segment usage information. 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 benefit of
public disclosure, according to Bell Atlantic.
Bell Atlantic's motion presents facts demonstrating
that the Information also meets the requirements of Puc
204.06(c), that is, it 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.
Specifically, Cynthia Bowman, Bell Atlantic's Senior Specialist,
Product Management, attests that the information is compiled from
internal data bases that are not publicly available and which are
protected from dissemination by either Bell Atlantic or by
non-Bell Atlantic employees.
The Commission recognizes that the Information is
critical to review of the proposed CallAround 603(Plus) tariff
changes. Based on the company's representations, under the
balancing test we have applied in prior cases, e.g., Re New
England Telephone & Telegraph Company (Auditel), 80 NH PUC 437
(1995); Re Bell Atlantic, Order No. 22,851 (February 17, 1998);
Re EnergyNorth Natural Gas, Inc., Order No. 22,859 (February 24,
1998), 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
ongoing 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 sixteenth day of March, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary