DR 98-038 BELL ATLANTIC WorkSmart Package Tariff Order Granting Motion for Proprietary Treatment O R D E R N O. 22,950 June 8, 1998 On March 20, 1998, New England Telephone and Telegraph Company, d/b/a Bell Atlantic (Bell Atlantic), filed with the New Hampshire Public Utilities Commission (Commission), certain tariff pages for effect April 19, 1998, introducing the WorkSmart Package, which offers a choice of pre-set feature groupings to business subscribers who commit to a term agreement. In support of the filing, Bell Atlantic filed a description of the new offering, a market forecast, and a contribution analysis (WorkSmart Support Information). By letter dated April 6, 1998, the Commission approved the WorkSmart Package, permitting the specified tariff pages to go into effect automatically pursuant to RSA 378:3, RSA 378:6, and N.H. Admin. Rule 1601.05. On the same date it filed the WorkSmart Package tariff pages, Bell Atlantic filed a Motion for Confidential Treatment, seeking to exempt from disclosure portions of the WorkSmart Support Information (the Information), pursuant to RSA 91-A and N.H. Admin. Rule Puc 204.06. Bell Atlantic filed the WorkSmart Support Information in redacted form as well as full, unredacted copies. Pursuant to Puc 204.05(b), documents submitted to the Commission or Staff accompanied by a motion for confidentiality are not disclosed to the public and are maintained as provided in Puc 204.06(d) until the Commission rules on the Motion for Confidential Treatment. In its motion, Bell Atlantic states that the Information contains competitively sensitive data that is within the exemptions from disclosure set forth in RSA 91-A:5,IV and N.H. Admin. Rules, Puc 204.06, including targeted market demand forecasts, costs and revenue projections. Bell Atlantic avers that the Information is not readily available to competitors, would be of value to competitors in developing competitive marketing strategies, and is regularly protected from disclosure or dissemination in the company's ordinary course of business. The Information provides revenue and demand forecasts at specific price points for specific market segments and was developed at significant expense and effort. A Bell Atlantic Product Manager, Deborah A. Pelles, attests that the Information is compiled from internal data bases that are not publicly available and which are protected from dissemination either by Bell Atlantic employees or by non-Bell Atlantic employees. The Information was useful for review of the WorkSmart Package. We find that the Information contained in the filing meets the requirements of N.H. Admin. Rule Puc 204.06 (b) and (c). Based on the company's representations, under the balancing test we have applied in prior cases, e.g., Re New England Telephone Company (Auditel), 80 NHPUC 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. The Information should be exempt from public disclosure pursuant to RSA 91-A:5,IV and N.H. Admin. Rule 204.06. 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 eighth day of June, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary