DE 98-074
icg telecom group, inc.
Application for Certification as a CLEC
Order Granting Motion for Proprietary Treatment
O R D E R N O. 22,955
June 8, 1998
On May 7, 1998, ICG Telecom Group, Inc. (ICG) filed
with the New Hampshire Public Utilities Commission (Commission),
pursuant to RSA 374:22-g and N.H. Admin. Rules Chapter Puc 1300,
an application for authority to operate as a Competitive Local
Exchange Carrier (CLEC) in New Hampshire. On the same date, ICG
filed a Motion for Confidential Treatment to exempt from
disclosure Exhibit F of the application pursuant N.H. Admin. Rule
Puc 204.06. ICG does not indicate that it has sought concurrence
from the Office of the Consumer Advocate or the Commission Staff.
ICG filed the application in redacted form as well as
full, unredacted copies. Pursuant to N.H. Admin. Rule Puc
204.05(b), documents submitted to the Commission or Commission
Staff accompanied by a motion for confidentiality are not
disclosed to the public and are maintained as provided in N.H.
Admin. Rule Puc 204.06(d) until the Commission acts on the Motion
for Confidential Treatment.
In its motion, ICG argues that Exhibit F contains
confidential financial information, specifically an income
statement, which is within the exemptions from disclosure
permitted by RSA 91-A:5,IV, as demonstrated by information
submitted pursuant to N.H. Admin. Rule Puc 204.06(b) and (c).
According to ICG, the income statement is not generally available
to the public and ICG makes efforts to prevent its disclosure.
ICG claims that disclosure would reveal to competitors the
financial condition of the company with greater particularity
than is revealed by compliance with the minimum capitalization
requirement of N.H. Admin. Rule Puc 1304.01(b)(1). ICG argues
that Puc 1304.01(b)(1) adequately protects the public interest by
assuring the financial integrity of New Hampshire CLECs, whereas
further disclosure of confidential financial information, beyond
that required by Puc 1304.01(b)(1), would be harmful. For
further information about ICG's status, the company has submitted
the consolidated financial statements of its parent company and
its subsidiaries at Exhibit G of its application, for which no
claim of confidentiality is made. ICG describes the benefits of
nondisclosure of Exhibit F as the protection of commercial
information and encouragement of additional CLEC applications.
We review ICG's motion by the standards set forth in
Puc 204.06. Insofar as Exhibit F contains detailed financial
information which is valuable to competitors, ICG has
demonstrated that the information, if made public, would likely
create a competitive disadvantage, pursuant to Puc 204.06(c)(1).
Based on the company's representations, under the
balancing test we have applied in prior cases, e.g., Re US WEST
Interprise America, Inc., Order No. 22,642 (July 7, 1997); 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 ICG of non-disclosure in this case outweigh
the benefits to the public of disclosure.
Based upon the foregoing, it is hereby
ORDERED, that ICG's Motion for Confidential Treatment
of Exhibit F 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