DR 97-242 BELL ATLANTIC Special Contract with St. Mary's Bank Order Granting Motion for Proprietary Treatment O R D E R N O. 22,833 January 12, 1998 On November 26, 1997, New England Telephone and Telegraph Company, now d/b/a Bell Atlantic (Bell Atlantic), filed with the New Hampshire Public Utilities Commission (Commission), pursuant to RSA 378:18, a special contract with St. Mary's Bank for Centrex Services. Bell Atlantic also filed a contract overview and a cost study in support of the special contract. On the same date, Bell Atlantic filed a Motion for Proprietary Treatment to exempt the cost study and certain terms of the special contract and its appendices (collectively, the Information) from public disclosure pursuant to RSA 91-A and N.H. Admin. Rules Puc 204.05 and 204.06. On December 16, 1997, the Commission approved the proposed special contract, without ruling on Bell Atlantic's Motion. Pursuant to Puc 204.05(b) the Commission has maintained the Information confidential as provided in Puc 204.06(d) unless and until the Commission itself rules otherwise. Bell Atlantic filed full, unredacted copies of the special contract as well as unredacted copies, consistent with the Commission's mandate to maintain the maximum level of public access to Commission business. In its motion, Bell Atlantic states that the Information contains details of specific service features, pricing and incremental costs, and other information for specific customer locations, opportunities for growth, and engineering features. Bell Atlantic asserts that this Information falls within the exemptions from disclosure set forth in RSA 91-A:5, IV, as further defined in Puc 204.06. In particular, Bell Atlantic asserts facts describing how release of the Information would provide competitors with an unfair competitive advantage in developing marketing strategies. The benefits of non-disclosure, as measured by the described competitive harm inflicted on Bell Atlantic and the general body of ratepayers as a result of disclosure, outweigh the benefits of disclosure, according to Bell Atlantic, thus satisfying the requirements of Puc 204.06(b). Bell Atlantic's motion presents facts demonstrating that the Information meets the requirements of Puc 204.06(c), that is, information which is confidential, research, development, financial, or commercial information. The demonstration includes evidence showing the Information is not general public knowledge or published elsewhere and that measures have been taken to prevent dissemination in the ordinary course of business, thus satisfying the requirement of Puc 204.06(c). Specifically, a Bell Atlantic pricing analyst attests that the Information is compiled from internal data bases that are not publicly available and which are protected from dissemination either by Bell Atlantic employees or by non-Bell Atlantic employees. Further, Bell Atlantic asserts that St. Mary's Bank itself takes measures to prevent dissemination of the Information. The Commission recognizes that the Information is critical to our review of the proposed special contract. 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), we find that the benefits to Bell Atlantic of non-disclosure in this case outweigh the benefits to the public of disclosure. Based upon the foregoing, it is hereby ORDERED, that Bell Atlantic's Motion for Proprietary Treatment is GRANTED; and it is FURTHER ORDERED, that this Order is subject to the on-going 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 twelfth day of January, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary