DS 98-179 BELL ATLANTIC WorkSmart Package Tariff Order Granting Motion for Protective Order O R D E R N O. 23,043 October 26, 1998 On October 6, 1998, New England Telephone and Telegraph Company, d/b/a Bell Atlantic (Bell Atlantic), filed with the New Hampshire Public Utilities Commission (Commission), certain revised tariff pages effective November 5, 1998, enhancing the WorkSmart Package by: (a) eliminating the One-Time Charge for existing WorkSmart package customers who change from one WorkSmart package to another during the term of their agreement, change the length of their WorkSmart term agreement, or renew their WorkSmart package term agreement; and (b) eliminating the termination liability for existing WorkSmart customers who upgrade to digital Centrex service. In support of the filing, Bell Atlantic filed a description of the proposed modifications, a Marginal Cost Analysis, and a New Hampshire Revenue Effect analysis. On the same date it filed the revised WorkSmart tariff pages, Bell Atlantic filed a Motion for Protective Order 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 Information in redacted form as well as full, unredacted copies. Pursuant to Puc 204.05(b), documents submitted to the Commission or Commission Staff accompanied by a motion for confidentiality shall be protected as provided in 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 "confidential, commercial or financial information" exemptions from disclosure set forth in RSA 91-A:5,IV and N.H. Admin. Rules, Puc 204.06, including competitively sensitive data such as 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 representations of fact regarding the Information contained in the Motion are true and accurate. Bell Atlantic states that neither the Commission Staff nor the Office of Consumer Advocate take a position with regard to this Motion. 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 Protective Order 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-sixth day of October, 1998. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary