DR 98-199 NORTHERN UTILITIES, INC. Petition for Approval of Sale of Property Order Granting Protective Treatment O R D E R N O. 23,106 January 12, 1999 On December 24, 1998, Northern Utilities, Inc. (Northern) filed with the New Hampshire Public Utilities Commission (Commission) a Motion for Protective Order (Motion) pertaining to the customer usage and billing data of the Schiller Plant in Newington, NH for the past two years which is contained in Northern's response to Data Request TDR-5. In its Motion, Northern states that the documents include customer specific information containing valuable marketing information which falls within the exemption from public disclosure of RSA 91-A:5,IV and N.H. Admin. Rules, Puc 204.06. Northern also states that the information is competitively sensitive and constitutes commercial and financial information, disclosure of which to a potential competitor or the public would harm Northern's interests and its ratepayers and would constitute an invasion of the customer's right to privacy. Northern further states that it does not disclose the identified information and terms to anyone outside its corporate affiliates and representatives. We recognize that the information identified above is important to the review of Northern's proposed sale of the Gosling Road Lateral by the Commission, Staff and the Office of Consumer Advocate (OCA). We also recognize the need for confidential treatment of customer specific, competitively sensitive information. 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 Northern of non-disclosure in this case outweigh the benefits to the public of disclosure. We will, therefore, grant Northern's Motion for Protective Treatment pursuant to RSA 91-A:5,IV and N.H. Admin. Rules, Puc 204.06. Based upon the foregoing, it is hereby ORDERED, that Northern's Motion for Protective Treatment is GRANTED to allow Staff and the OCA to review fully the customer usage and billing data of the Schiller Plant in Newington, NH and to protect from public disclosure the information delineated above which is relevant to the proceeding; and it is FURTHER ORDERED, that Northern's original and revised responses to Data Request TDR-5 shall be and hereby are designated as protected material; and it is FURTHER ORDERED, that Northern shall submit a redacted Response to TDR-5 for public review; 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 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 twelfth day of January, 1999. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary