DS 98-089 BELL ATLANTIC WorkSmart Package Tariff Order Granting Motion for Proprietary Treatment O R D E R N O. 23,022 September 22, 1998
On May 21, 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 effective June 20, 1998, introducing ValuePack, which offers to residential subscribers an option to subscribe to any number of Custom Calling, Phonesmart, and Ringmate services at a single discounted monthly rate. In support of the filing, Bell Atlantic filed a description of the new offering, a market forecast, and a contribution analysis (ValuePack Support Information). The Commission approved the ValuePack filing, 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 ValuePack tariff pages, Bell Atlantic filed a Motion for Confidential Treatment, seeking to exempt from disclosure portions of the ValuePack Support Information (the Information), pursuant to RSA 91-A and N.H. Admin. Rule Puc 204.06. Bell Atlantic filed the ValuePack 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 shall be protected as provided in 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 competitively sensitive revenue analysis, costs and targeted market demand forecasts. 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. A Bell Atlantic Product Developer, Gary Scarano, 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 our review of the ValuePack filing. 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 twenty-second day of September, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary