DR 98-096 CONCORD ELECTRIC COMPANY AND EXETER & HAMPTON ELECTRIC COMPANY Fuel Adjustment Clause and Purchased Power Adjustment Clause Order Granting Concord Electric Company and Exeter & Hampton's Motion for Confidential Treatment of Certain Information O R D E R N O. 22,985 July 21, 1998 On June 18, 1998, Concord Electric Company (CEC) and Exeter & Hampton Electric Company (E&H) filed with the New Hampshire Public Utilities Commission (Commission) a Motion for Protective Order (Motion) with respect to certain confidential information. Specifically, CEC and E&H request that the following information pertaining to themselves, or to their wholesale power affiliate, Unitil Power Corp. (Unitil, or together with CEC and E&H, the Companies), be treated as confidential, and not be made part of the public record in this docket: all information filed in response to data requests in this proceeding, and in-hearing oral questions and responses in this proceeding related to the Companies' mitigation of purchased power contracts and any negotiations related to such mitigation. The Companies intend to make such information available to the Commission Staff (Staff) under this requested protective order. The Companies have received data requests and likely may receive in-hearing questions from Staff that request confidential information regarding Unitil's efforts to renegotiate and mitigate costs under certain purchased power contracts. The Companies aver this information is commercially sensitive and proprietary in nature and/or constitutes trade secrets. Disclosure of this information to a potential competitor or to the public would harm the Companies' interests and those of the Companies' ratepayers. The Companies state they do not disclose this confidential information to anyone outside of their corporate affiliates and the Companies' attorneys and representatives. The Commission recognizes that the information identified above 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 the representations of the Companies, under the balancing test we have applied in prior cases, e.g., Re New England Telephone & Telegraph 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 the Companies 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 Concord Electric Company's and Exeter & Hampton Electric Company's Motion for Protective Order concerning information regarding the Companies, filed on June 18, 1998, 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 twenty-first day of July, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary