DR 98-015
ENERGYNORTH NATURAL GAS, INC.
COST OF GAS ADJUSTMENT PROCEEDING
Order Granting EnergyNorth Natural Gas, Inc.'s Motion
for Protective Order and Confidential Treatment
O R D E R N O. 22,859
February 24, 1998
On February 17, 1998, EnergyNorth Natural Gas, Inc.
(ENGI) filed with the New Hampshire Public Utilities Commission
(Commission) a Motion for Protective Order and Confidential
Treatment (Motion) of information that would identify ENGI's gas
suppliers and certain terms of the gas supply agreements
negotiated by ENGI with said suppliers. ENGI seeks protection of
this information as it relates to the pending Cost of Gas
Adjustment (CGA) proceeding in both the discovery and the hearing
phases of this docket.
In its Motion, ENGI states that the documents contain
confidential commercial information and trade secrets which fall
within the exemption from public disclosure of RSA 91-A:5, IV and
N.H. Admin. Rules, Puc 204.06. ENGI also states that it does not
disclose the identified information and terms to anyone outside
its corporate affiliates and representatives.
The Commission recognizes that the information
identified above is critical to the review of the CGA filing by
the Commission, the Commission Staff (Staff) and the Office of
Consumer Advocate (OCA). This is the type of information which
was anticipated would be protected when N.H. Admin. Rules, Puc
204.06 was adopted. The Commission also recognizes that the
information contained in the filing is sensitive commercial
information in a competitive market. Thus, based on ENGI's
representations, under the balancing test we have applied in
prior cases, e.g., Re NET (Auditel), 80 NHPUC 437 (1995), Re
Eastern Utilities Associates, 76 NHPUC 236 (1991), we find that
the benefits to ENGI of non-disclosure in this case outweigh the
benefits to the public of disclosure. The information,
therefore, is exempt from public disclosure pursuant to RSA 91-A:5,IV and N.H. Admin. Rules, Puc 204.06.
Based upon the foregoing, it is hereby
ORDERED, that ENGI's Motion for Protective Treatment is
GRANTED to allow Staff and the OCA to review fully the CGA filing
and to protect from public disclosure the information delineated
above which is relevant to the pending CGA proceeding; and it is
FURTHER ORDERED, that with regard to the CGA identified
information and terms, ENGI shall submit a redacted CGA filing
for public review and provide three unredacted copies for the
Commission, Staff, and the OCA; and it is
FURTHER ORDERED, that in future filings, ENGI shall
continue to submit, concurrent with its request for confidential
treatment, both redacted and three unredacted filings which the
Commission shall protect from disclosure during the pendency of
its review of the request for confidentiality, pursuant to N.H.
Admin. Rules, Puc 204.06; 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 twenty-fourth 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