DE 98-074 icg telecom group, inc. Application for Certification as a CLEC Order Granting Motion for Proprietary Treatment O R D E R N O. 22,955 June 8, 1998 On May 7, 1998, ICG Telecom Group, Inc. (ICG) filed with the New Hampshire Public Utilities Commission (Commission), pursuant to RSA 374:22-g and N.H. Admin. Rules Chapter Puc 1300, an application for authority to operate as a Competitive Local Exchange Carrier (CLEC) in New Hampshire. On the same date, ICG filed a Motion for Confidential Treatment to exempt from disclosure Exhibit F of the application pursuant N.H. Admin. Rule Puc 204.06. ICG does not indicate that it has sought concurrence from the Office of the Consumer Advocate or the Commission Staff. ICG filed the application in redacted form as well as full, unredacted copies. Pursuant to N.H. Admin. Rule Puc 204.05(b), documents submitted to the Commission or Commission Staff accompanied by a motion for confidentiality are not disclosed to the public and are maintained as provided in N.H. Admin. Rule Puc 204.06(d) until the Commission acts on the Motion for Confidential Treatment. In its motion, ICG argues that Exhibit F contains confidential financial information, specifically an income statement, which is within the exemptions from disclosure permitted by RSA 91-A:5,IV, as demonstrated by information submitted pursuant to N.H. Admin. Rule Puc 204.06(b) and (c). According to ICG, the income statement is not generally available to the public and ICG makes efforts to prevent its disclosure. ICG claims that disclosure would reveal to competitors the financial condition of the company with greater particularity than is revealed by compliance with the minimum capitalization requirement of N.H. Admin. Rule Puc 1304.01(b)(1). ICG argues that Puc 1304.01(b)(1) adequately protects the public interest by assuring the financial integrity of New Hampshire CLECs, whereas further disclosure of confidential financial information, beyond that required by Puc 1304.01(b)(1), would be harmful. For further information about ICG's status, the company has submitted the consolidated financial statements of its parent company and its subsidiaries at Exhibit G of its application, for which no claim of confidentiality is made. ICG describes the benefits of nondisclosure of Exhibit F as the protection of commercial information and encouragement of additional CLEC applications. We review ICG's motion by the standards set forth in Puc 204.06. Insofar as Exhibit F contains detailed financial information which is valuable to competitors, ICG has demonstrated that the information, if made public, would likely create a competitive disadvantage, pursuant to Puc 204.06(c)(1). Based on the company's representations, under the balancing test we have applied in prior cases, e.g., Re US WEST Interprise America, Inc., Order No. 22,642 (July 7, 1997); 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 ICG of non-disclosure in this case outweigh the benefits to the public of disclosure. Based upon the foregoing, it is hereby ORDERED, that ICG's Motion for Confidential Treatment of Exhibit F 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