DE 97-171 BELL ATLANTIC Petition for Approval of Statement of Generally Available Terms Order Granting Motion for Proprietary Treatment O R D E R N O. 22,851 February 17, 1998 On January 15, 1998, New England Telephone and Telegraph Company (Bell Atlantic) filed with the Commission a Motion for Protective Treatment of certain Data Responses provided in answer to Data Requests from AT&T and the Commission Staff (Staff). Bell Atlantic sought concurrence from AT&T, the Office of the Consumer Advocate (OCA), and Staff. The OCA and Staff took no position on the issue and AT&T did not respond. Bell Atlantic specifically requests protective treatment of its Data Responses to AT&T Data Requests numbered 3-14(d), 3-48, 3-85(c), 4-8 and 4-16 and Staff Data Request numbered 1-5. These Data Responses (hereinafter referred to as Specified Data Responses), Bell Atlantic asserts, are exempt from public disclosure under RSA 91-A:5, as they pertain to confidential commercial or financial information which warrants confidential treatment pursuant to N.H. Admin. Rules Puc 204.05 and .06. The Specified Data Responses, according to Bell Atlantic, include specific systems test plans and results, operational methods, practices, specifications and procedures, vendor pricing details underlying engineering cost assumptions, and disaggregated information by specific wire centers and categories of retail services. In addition, Bell Atlantic seeks protective treatment of future Data Responses containing similar information (hereinafter referred to as Similar Data Responses) during the remainder of this docket. Bell Atlantic describes the Similar Data Responses as: operations support systems (OSS) expenses paid to specific vendors for specific services, product delivery processes, operational methods and procedures, OSS design specifications, detailed departmental budget information, vendor-specific price/cost specifications and bidding information, and disaggregated usage and revenue data. The Similar Data Responses should be available to parties to the docket, to the Commission and to the Commission Staff, but not to the public, according to Bell Atlantic, under the same RSA 91-A:5 exemption applied to the Specified Data Responses. Furthermore, Bell Atlantic requests that the parties and Staff give Bell Atlantic prior notice of the identity and affiliation of independent consultants, experts, or any other person, to whom the parties and Staff intend to provide access. Bell Atlantic seems to reserve the right to refuse such access to any person who is an officer, director, stockholder, partner, owner, consultant or employee of a direct competitor of Bell Atlantic or a Bell Atlantic affiliate. Bell Atlantic proposes that access to the Information be contingent upon a Commission order instructing all parties and Staff to maintain the Information as confidential. We find that the Specified Data Responses and the Similar Data Responses warrant protection under RSA 91-A:5, IV and the Commission's standards for granting confidential treatment in Re New England Telephone Co. d/b/a NYNEX, 80 NHPUC 437 (1995) and Puc 204.06. Bell Atlantic has demonstrated that public release of the Specified and Similar Data Responses would provide competitors with an unfair competitive advantage in developing marketing strategies. Under the balancing test we have applied in prior cases, Re New England Telephone Co. d/b/a NYNEX, 80 NHPUC 437 (1995) et al., the benefits of non-disclosure to NYNEX appear to outweigh the benefits of disclosure to the public. Puc 204.06(d) provides us with latitude to prescribe the manner in which information shall be protected from disclosure. Therefore, although atypical, the treatment Bell Atlantic requests for the Information is not prohibited. We note that we granted substantially similar treatment to Data Responses provided in DE 96-420, Petition Requesting that Incumbent LECs Provide Customers with a Fresh Look Opportunity, and DE 96-220, Petition for Approval of Proposed Merger of a Wholly-Owned Subsidiary of Bell Atlantic Corporation into NYNEX Corporation. Based upon the foregoing, it is hereby ORDERED, that Bell Atlantic's Motion for Confidential Treatment of the Responses to the Data Requests enumerated above is GRANTED, and it is FURTHER ORDERED, that Bell Atlantic's Motion for Confidential Treatment of Data Responses provided in the docket which contain similar information shall be similarly treated, and it is FURTHER ORDERED, that Bell Atlantic shall specifically identify Data Responses, filed subsequent to the date of this order, for which confidentiality is claimed under this order; and it is FURTHER ORDERED, that this order is subject to the Commission's on-going rights in light of RSA 91-A, should circumstances so warrant. By order of the Public Utilities Commission of New Hampshire this seventeenth day of February, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary