DF 98-032 New England Power Company Petition for Authority to Issue and Renew Short-Term Securities Order Granting New England Power Company's Motion for Confidential Treatment of Certain Information O R D E R N O. 22,888 March 30, 1998 On March 16, 1998, New England Power Company (NEP) filed with the New Hampshire Public Utilities Commission (Commission) a Motion for Confidential Treatment of Certain Information (Motion) submitted in support of its Petition for Authority with Respect to the Issuance and Renewal of Short-Term Securities. The information requested to be treated as confidential pertains to financial forecasts relating to NEP. In its Motion, NEP seeks protection of financial information required by N.H. Admin. Rule Puc 308.11. NEP states that the information is confidential and competitive information which falls within the exemption from public disclosure of RSA 91-A:5, IV and N.H. Admin. Rules, Puc 204.06. NEP further states that release of the information could be harmful to NEP's business position and could affect financial markets, and that its release would be inappropriate. 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 Motion for Confidential Treatment of Certain Information, filed on March 16, 1998, is GRANTED; 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