DR 98-199
NORTHERN UTILITIES, INC.
Petition for Approval of Sale of Property
Order Granting Protective Treatment
O R D E R N O. 23,106
January 12, 1999
On December 24, 1998, Northern Utilities, Inc.
(Northern) filed with the New Hampshire Public Utilities
Commission (Commission) a Motion for Protective Order (Motion)
pertaining to the customer usage and billing data of the Schiller
Plant in Newington, NH for the past two years which is contained
in Northern's response to Data Request TDR-5.
In its Motion, Northern states that the documents
include customer specific information containing valuable
marketing information which falls within the exemption from
public disclosure of RSA 91-A:5,IV and N.H. Admin. Rules, Puc
204.06. Northern also states that the information is
competitively sensitive and constitutes commercial and financial
information, disclosure of which to a potential competitor or the
public would harm Northern's interests and its ratepayers and
would constitute an invasion of the customer's right to privacy.
Northern further states that it does not disclose the identified
information and terms to anyone outside its corporate affiliates
and representatives.
We recognize that the information identified above is
important to the review of Northern's proposed sale of the
Gosling Road Lateral by the Commission, Staff and the Office of
Consumer Advocate (OCA). We also recognize the need for
confidential treatment of customer specific, competitively
sensitive information. 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 Northern of non-disclosure in
this case outweigh the benefits to the public of disclosure. We
will, therefore, grant Northern's Motion for Protective Treatment
pursuant to RSA 91-A:5,IV and N.H. Admin. Rules, Puc 204.06.
Based upon the foregoing, it is hereby
ORDERED, that Northern's Motion for Protective
Treatment is GRANTED to allow Staff and the OCA to review fully
the customer usage and billing data of the Schiller Plant in
Newington, NH and to protect from public disclosure the
information delineated above which is relevant to the proceeding;
and it is
FURTHER ORDERED, that Northern's original and revised
responses to Data Request TDR-5 shall be and hereby are
designated as protected material; and it is
FURTHER ORDERED, that Northern shall submit a redacted
Response to TDR-5 for public review; 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 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 twelfth day of January, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary