DR 98-139 Public service company of New Hampshire, Inc. Special Contract Service Rates/Proposed Generic Modification of Certain Special Contracts Order Granting Protective Treatment O R D E R N O. 23,085 December 14, 1998 On May 31, 1998, Public Service Company of New Hampshire (PSNH) initiated this proceeding with the filing of a tariff revision designed to modify certain special contracts. The filing was made by PSNH in order to ensure that customers taking service under special contracts tied to the PSNH's Fuel and Purchased Power Adjustment Clause (FPPAC) would receive the benefit of a base rate reduction they would not otherwise receive without this modification. PSNH was allowed to reduce the rates to these customers by maintaining the "BA" component in effect prior to the issuance of Order No. 22,946. The Commission issued an Order of Notice in this proceeding on July 31, 1998. Following the prehearing conference, the Parties and Staff attempted to enter into a mutually acceptable agreement that would resolve all of the issues raised by proposed modification to the special contracts. As part of the Commission's investigation into the appropriateness of the modification of the special contracts, Commission Staff requested some of the same information from PSNH it had received as part of the initial investigation into the special contract. This information included customer specific load and employment information. PSNH supplied the information, but requested that the Commission grant protective treatment to the information pursuant to RSA 91-A:5, IV and N.H. Admin. R., Puc 204.08 to prevent its general dissemination to the public. In support of its motion, PSNH averred that the material contained confidential financial or commercial information which, if revealed, would provide costing information to the special contract customers' competitors. PSNH indicated Wausau Papers, Anheuser-Busch, Textron, Portland Pipeline, Monadnock Paper Mills, the Office of the Consumer Advocate and Staff assented to the Motion. James Rodier did not object to protective treatment in this proceeding, but reserved his right to argue this or similar information should be disclosed in some other proceeding. We find that the information contained in the data response meets the requirements of N.H. Admin. Rule Puc 204.06 (b) and (c). Based on PSNH's representations, under the balancing test we have applied in prior cases, See 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 PSNH 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 Public Service Company of New Hampshire, Inc.'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, the motion of Staff, or 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 fourteenth day of December, 1998. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary