DF 98-032
New England Power Company
Petition for Authority to Issue and Renew Short-Term
Securities
Order Granting New England Power Company's Motion for
Confidential Treatment of Certain Information
O R D E R N O. 22,888
March 30, 1998
On March 16, 1998, New England Power Company (NEP)
filed with the New Hampshire Public Utilities Commission
(Commission) a Motion for Confidential Treatment of Certain
Information (Motion) submitted in support of its Petition for
Authority with Respect to the Issuance and Renewal of Short-Term
Securities. The information requested to be treated as
confidential pertains to financial forecasts relating to NEP.
In its Motion, NEP seeks protection of financial
information required by N.H. Admin. Rule Puc 308.11. NEP states
that the information is confidential and competitive information
which falls within the exemption from public disclosure of RSA
91-A:5, IV and N.H. Admin. Rules, Puc 204.06. NEP further states
that release of the information could be harmful to NEP's
business position and could affect financial markets, and that
its release would be inappropriate.
In its Motion, NEP states that the documents contain
confidential financial and competitive information which fall
within the exemption from public disclosure of RSA 91-A:5, IV and
N.H. Admin. Rules, Puc 204.06. NEP also states that it does not,
as a matter of policy, disclose the identified information and
terms to anyone outside its corporate affiliates and
representatives or under nondisclosure agreements or requests for
protective treatment.
The Commission recognizes that the information
identified above is critical to the review of the NEP filing by
the Commission. This is the type of information which was
anticipated would be protected when N.H. Admin. Rules, Puc 204.06
was adopted. The Commission also recognizes that the information
contained in the filing is sensitive commercial information in a
competitive market. Thus, based on NEP'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 NEP of non-disclosure in this
case outweigh the benefits to the public of disclosure. The
information, therefore, is exempt from public disclosure pursuant
to RSA 91-A:5,IV and N.H. Admin. Rules, Puc 204.06.
Based upon the foregoing, it is hereby
ORDERED, that NEP's Motion for Confidential Treatment
of Certain Information, filed on March 16, 1998, is GRANTED;
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 thirtieth 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