DR 98-135
NORTHERN UTILITIES, INC.
Integrated Resource Plan
Order Granting Protective Treatment
O R D E R N O. 23,136
February 1, 1999
On December 16, 1998, Northern Utilities, Inc.
(Northern) filed with the New Hampshire Public Utilities
Commission (Commission) a Motion for Confidential Treatment
(Motion) with regard to certain information pertaining to
Northern's forecast and supply plan which is contained in a
letter dated December 15, 1998 from Northern's counsel to the
Commission's Executive Director & Secretary.
In its Motion, Northern states that the letter includes
information which falls within the exemption from public
disclosure of RSA 91-A:5,IV and N.H. Admin. Rules, Puc 204.06
(c)(1)(b). Northern also states that the information constitutes
confidential, commercial and financial information, disclosure of
which to a current or potential supplier or competitor would
place Northern and its customers at a disadvantage. Northern
further states that it does not disclose the confidential
information to anyone outside its corporate affiliates and
representatives.
The Commission recognizes that the information
identified above is important to the review of Northern's
Integrated Resource Plan (IRP). We also recognize the need for
confidential treatment of confidential, commercial and financial
information. The information which is the subject of this motion
was provided to the Commission in support of Northern's request
for a delay in the filing of its IRP. However, the Commission,
by Secretarial letter dated December 31, 1998, determined that
the information for which confidential treatment was requested
should not have precluded Northern from timely filing its IRP.
Nevertheless, based on the Company's
representations regarding the information, 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 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 Confidential
Treatment is GRANTED to allow Staff to review fully the
confidential information and to protect from public disclosure
the information delineated above which is relevant to the
proceeding; and it is
FURTHER ORDERED, that the unredacted version of
Northern's Counsel's letter of December 15, 1998 shall be and
hereby is designated as Protected Material; 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 first day of February, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary