DE 97-251
New England Power Company
ASSET TRANSFER, ELIGIBLE FACILITY FINDING
and FINANCE AUTHORITY
Order Granting New England Power Company's Motions for Protective
Order and Confidential Treatment
O R D E R N O. 22,885
March 30, 1998
On February 13, 1998 and March 4, 1998, New England
Power Company (NEP) filed with the New Hampshire Public Utilities
Commission (Commission) a Motion for Protective Order and
Confidential Treatment (Motion) of information that would
disclose NEP's finances and competitive information that it
contends could be harmful to NEP's business position and could
affect financial markets. In addition, on March 24, 1998 NEP
filed revised responses intended to supersede the information
filed on March 4, 1998.
In the Motion filed February 12, 1998, NEP seeks
protection of certain information required by N.H. Admin. Rule,
Puc 308.11(b)(6) F-4 Authority to Issue Securities, "Source and
Application of Funds and Capitalization." Specifically, NEP is
seeking protection for the three (3) years of forecasted data
pertaining to a statement of capitalization ratios which result
from the proposed financing.
In the Motion filed March 4, 1998, NEP seeks protection
of information as it relates to responses to Staff Confidential
Data Requests 1 through 6 and the confidential data produced in
response to Staff Data Request 1-26 in both the discovery and the
hearing phases of this docket. The March 24, 1998 filing
contains revisions to the same responses.
In its Motion, NEP states that the documents contain
confidential financial and competitive information which fall
within the exemption from public disclosure of RSA 91-A:5, IV and
N.H. Admin. Rules, Puc 204.06. NEP also states that it does not,
as a matter of policy, disclose the identified information and
terms to anyone outside its corporate affiliates and
representatives or under nondisclosure agreements or requests for
protective treatment.
The Commission recognizes that the information
identified above is critical to the review of the NEP filing by
the Commission. 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 NEP'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 NEP 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 NEP's Motions for Protective Treatment
filed on February 13, 1998 and March 4, 1998, and as revised by
its March 24, 1998 filing, are 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 thirtieth 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