DR 98-132 BELL ATLANTIC Integrated Services Digital Network - Primary Rate Interface Tariff Order Granting Motion for Proprietary Treatment O R D E R N O. 23,025 September 22, 1998
On July 17, 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 August 16, 1998, introducing Integrated Services Digital Network-Primary Rate Interface enhancements and optional features (ISDN-PRI filing). The ISDN-PRI filing extends the minimum service commitment period , introduces a variable term payment plan, and prohibits transfer to another carrier. In support of the filing, Bell Atlantic filed cost support data. By Order No. 23,016, the Commission approved the ISDN-PRI 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 July 22, 1998, Bell Atlantic filed a Motion for Confidential Treatment, seeking to exempt from disclosure portions of the filed cost support data (Cost Information), pursuant to RSA 91-A and N.H. Admin. Rule Puc 204.06. Bell Atlantic filed the Cost 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 Cost 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. segments and was developed at significant expense and effort. A Bell Atlantic Product Developer, Patricia McElligott, attests that the Cost 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 Cost Information was useful for our review of the ISDN-PRI filing. We find that the Cost 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 Cost 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