DR 98-139
Public service company of New Hampshire, Inc.
Special Contract Service Rates/Proposed Generic Modification of
Certain Special Contracts
Order Granting Protective Treatment
O R D E R N O. 23,085
December 14, 1998
On May 31, 1998, Public Service Company of New
Hampshire (PSNH) initiated this proceeding with the filing of a
tariff revision designed to modify certain special contracts.
The filing was made by PSNH in order to ensure that customers
taking service under special contracts tied to the PSNH's Fuel
and Purchased Power Adjustment Clause (FPPAC) would receive the
benefit of a base rate reduction they would not otherwise receive
without this modification.
PSNH was allowed to reduce the rates to these customers
by maintaining the "BA" component in effect prior to the issuance
of Order No. 22,946. The Commission issued an Order of Notice in
this proceeding on July 31, 1998. Following the prehearing
conference, the Parties and Staff attempted to enter into a
mutually acceptable agreement that would resolve all of the
issues raised by proposed modification to the special contracts.
As part of the Commission's investigation into the
appropriateness of the modification of the special contracts,
Commission Staff requested some of the same information from PSNH
it had received as part of the initial investigation into the
special contract. This information included customer specific
load and employment information.
PSNH supplied the information, but requested that the
Commission grant protective treatment to the information pursuant
to RSA 91-A:5, IV and N.H. Admin. R., Puc 204.08 to prevent its
general dissemination to the public. In support of its motion,
PSNH averred that the material contained confidential financial
or commercial information which, if revealed, would provide
costing information to the special contract customers'
competitors. PSNH indicated Wausau Papers, Anheuser-Busch,
Textron, Portland Pipeline, Monadnock Paper Mills, the Office of
the Consumer Advocate and Staff assented to the Motion. James
Rodier did not object to protective treatment in this proceeding,
but reserved his right to argue this or similar information
should be disclosed in some other proceeding.
We find that the information contained in the data
response meets the requirements of N.H. Admin. Rule Puc 204.06
(b) and (c). Based on PSNH's representations, under the
balancing test we have applied in prior cases, See 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 PSNH 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 Public Service Company of New Hampshire,
Inc.'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, the motion
of Staff, or 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 fourteenth day of December, 1998.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary