DR 97-180 BELL ATLANTIC Petition to Change "Call Around 603 (Plus)" Order Granting Motion for Proprietary Treatment O R D E R N O. 22,870 March 16, 1998 On February 26, 1998, New England Telephone & Telegraph Company, now d/b/a Bell Atlantic (Bell Atlantic) filed with the New Hampshire Public Utilities Commission (Commission), pursuant to Puc 203.04, a Motion for Confidential Treatment of certain information (Information) filed in support of proposed changes to Bell Atlantic's "CallAround 603 (Plus)" tariff. "CallAround 603 (Plus)" is an optional calling plan for New Hampshire customers which provides a flat rate for an hour of toll calling during certain hours and a discounted rate for certain other calls. The proposed changes are part of Bell Atlantic's overall revenue reduction plan referred to in Order No. 22,861 (March 10, 1998) and will simplify this optional calling plan for residential customers. Bell Atlantic filed the Information in redacted form as well as full, unredacted copies of the Information. Consistent with recent Commission orders, Bell Atlantic did not redact the relevant rates and charges. In its motion, Bell Atlantic states that the Information contains competitively-sensitive revenue analyses and targeted market segment usage information. 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 benefit of public disclosure, according to Bell Atlantic. Bell Atlantic's motion presents facts demonstrating that the Information also meets the requirements of Puc 204.06(c), that is, it 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. Specifically, Cynthia Bowman, Bell Atlantic's Senior Specialist, Product Management, attests that the information is compiled from internal data bases that are not publicly available and which are protected from dissemination by either Bell Atlantic or by non-Bell Atlantic employees. The Commission recognizes that the Information is critical to review of the proposed CallAround 603(Plus) tariff changes. Based on the company's representations, under the balancing test we have applied in prior cases, e.g., Re New England Telephone & Telegraph Company (Auditel), 80 NH PUC 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 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 ongoing 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 sixteenth day of March, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary