DS 98-204
HARVARDNET, INC.
Petition for CLEC Authority
Order Granting Motion for Protective Order
O R D E R N O. 23,093
December 21, 1998
On November 25, 1998, HarvardNet, Inc. (HarvardNet),
filed with the New Hampshire Public Utilities Commission
(Commission) a petition for a Certificate of Public Convenience
and Necessity Pursuant to N.H. Admin. Rules Puc 1304, seeking
authority to provide telecommunications service in New Hampshire
as a facilities-based competitive local exchange carrier (CLEC).
In support of the filing, on December 9, 1998, HarvardNet filed
its current balance sheet and income statement. On the same date
HarvardNet filed a Motion for Confidential Treatment seeking to
exempt the balance sheet and income statement from disclosure,
pursuant to RSA 91-A and N.H. Admin. Rule Puc 204.06.
Pursuant to Puc 204.05(b), documents submitted to the
Commission or Commission Staff accompanied by a motion for
confidentiality are protected as provided in 204.06(d) until the
Commission rules on the Motion for Confidential Treatment.
In its motion, HarvardNet states that the balance sheet
and income statement constitute competitively sensitive
information (Confidential Information), the release of which
would cause harm to the Company's business interest, 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. HarvardNet avers that the Confidential
Information is regularly protected from disclosure or
dissemination in the company's ordinary course of business and is
not generally in the public knowledge or published elsewhere.
We find that the Information provided in the filing
contains confidential information that 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, DE 97-171 (SGAT) 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 HarvardNet of non-disclosure in this case outweigh the
benefits to the public of disclosure. The Confidential
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 HarvardNet's Motion for Confidential
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-first day of December, 1998.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary