DR 98-038
BELL ATLANTIC
WorkSmart Package Tariff
Order Granting Motion for Proprietary Treatment
O R D E R N O. 22,950
June 8, 1998
On March 20, 1998, New England Telephone and
Telegraph Company, d/b/a Bell Atlantic (Bell Atlantic),
filed with the New Hampshire Public Utilities Commission
(Commission), certain tariff pages for effect April 19,
1998, introducing the WorkSmart Package, which offers a
choice of pre-set feature groupings to business subscribers
who commit to a term agreement. In support of the filing,
Bell Atlantic filed a description of the new offering, a
market forecast, and a contribution analysis (WorkSmart
Support Information). By letter dated April 6, 1998, the
Commission approved the WorkSmart Package, permitting the
specified tariff pages to go into effect automatically
pursuant to RSA 378:3, RSA 378:6, and N.H. Admin. Rule
1601.05.
On the same date it filed the WorkSmart Package
tariff pages, Bell Atlantic filed a Motion for Confidential
Treatment, seeking to exempt from disclosure portions of
the WorkSmart Support Information (the Information),
pursuant to RSA 91-A and N.H. Admin. Rule Puc 204.06. Bell
Atlantic filed the WorkSmart Support Information in
redacted form as well as full, unredacted copies. Pursuant
to Puc 204.05(b), documents submitted to the Commission or
Staff accompanied by a motion for confidentiality are not
disclosed to the public and are maintained as provided in
Puc 204.06(d) until the Commission rules on the Motion for
Confidential Treatment.
In its motion, Bell Atlantic states that the
Information contains competitively sensitive data that is
within the exemptions from disclosure set forth in RSA
91-A:5,IV and N.H. Admin. Rules, Puc 204.06, including
targeted market demand forecasts, costs and revenue
projections. Bell Atlantic avers that the Information is
not readily available to competitors, would be of value to
competitors in developing competitive marketing strategies,
and is regularly protected from disclosure or dissemination
in the company's ordinary course of business. The
Information provides revenue and demand forecasts at
specific price points for specific market segments and was
developed at significant expense and effort. A Bell
Atlantic Product Manager, Deborah A. Pelles, 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.
The Information was useful for review of the
WorkSmart Package. We find that the Information contained
in the filing meets the requirements of N.H. Admin. Rule
Puc 204.06 (b) and (c). 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); 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.
The Information should be exempt from public disclosure
pursuant to RSA 91-A:5,IV and N.H. Admin. Rule 204.06.
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 eighth day of June, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary