DS 98-179
BELL ATLANTIC
WorkSmart Package Tariff
Order Granting Motion for Protective Order
O R D E R N O. 23,043
October 26, 1998
On October 6, 1998, New England Telephone and Telegraph
Company, d/b/a Bell Atlantic (Bell Atlantic), filed with the New
Hampshire Public Utilities Commission (Commission), certain
revised tariff pages effective November 5, 1998, enhancing the
WorkSmart Package by: (a) eliminating the One-Time Charge for
existing WorkSmart package customers who change from one
WorkSmart package to another during the term of their agreement,
change the length of their WorkSmart term agreement, or renew
their WorkSmart package term agreement; and (b) eliminating the
termination liability for existing WorkSmart customers who
upgrade to digital Centrex service. In support of the filing,
Bell Atlantic filed a description of the proposed modifications,
a Marginal Cost Analysis, and a New Hampshire Revenue Effect
analysis.
On the same date it filed the revised WorkSmart tariff
pages, Bell Atlantic filed a Motion for Protective Order 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 Information in
redacted form as well as full, unredacted copies. Pursuant to
Puc 204.05(b), documents submitted to the Commission or
Commission 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 "confidential, commercial or financial information"
exemptions from disclosure set forth in RSA 91-A:5,IV and N.H.
Admin. Rules, Puc 204.06, including competitively sensitive data
such as 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 representations of fact regarding the
Information contained in the Motion are true and accurate.
Bell Atlantic states that neither the Commission Staff
nor the Office of Consumer Advocate take a position with regard
to this Motion.
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 Protective
Order 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-sixth day of October, 1998.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary