DE 97-171 BELL ATLANTIC Petition for Approval of Statement of Generally Available Terms Order Granting AT&T's Motion for Proprietary Treatment O R D E R N O. 22,913 April 30, 1998 On March 25, 1998, AT&T Communications of New Hampshire, Inc. (AT&T) filed with the Commission a Motion for Protective Treatment of certain information regarding Primary Interexchange Carrier (PIC) change data. AT&T specifically requests protective treatment of pages 21 and 22 of AT&T Witness Sandra Kale's testimony; and of Exhibit 2 attached to that testimony (hereinafter collectively the Information). AT&T requests that the Information receive proprietary treatment by the Commission, restricting access to the Commission, the Staff, and the Parties for use in this docket only. AT&T has sought concurrence from all parties and the Commission Staff. Freedom Ring concurs in the motion. Sprint and Vanguard Cellular do not object. Other parties and Staff had not responded to AT&T at the time of the filing. AT&T asserts that the Information is exempt from public disclosure under RSA 91-A:5,IV, in that it pertains to confidential commercial or financial information which warrants confidential treatment pursuant to Puc 204.05 and 06. The Information, according to AT&T, reveals the number of AT&T interexchange customers gained and lost by month and by state in the Bell Atlantic Northeast Region for January through June 1997. These numbers would allow competing carriers to identify AT&T's vulnerability in particular geographic areas, giving them a competitive advantage by providing a focus for marketing efforts. The Information is competitively sensitive commercial information in the nature of a trade secret, according to AT&T, which is not general public knowledge and has not been published elsewhere. Within AT&T, the Information is marked Proprietary; employees and outside consultants are subject to restrictions regarding its use in order to prevent dissemination. Based on the characteristics of the Information described above, the Information warrants protection under RSA 91-A:5,IV and the Commission's standards for granting confidential treatment in Re New England Telephone Co., DR 95-069, Order 21,731 dated July 10, 1995 and codified at Puc 204.06. AT&T has demonstrated that release of the Information 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 & 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), the benefits of non-disclosure to AT&T 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, we shall order that the Parties and Staff give AT&T 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 to the Information. AT&T may refuse such access to any person who is an officer, director, stockholder, partner, owner, consultant or employee of a competitor or competitor's affiliate. Based upon the foregoing, it is hereby ORDERED, that AT&T's Motion for Proprietary Treatment of the Information is GRANTED, pursuant to the requirements discussed above, 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 thirtieth day of April, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Claire D. DiCicco Assistant Secretary