DR 98-135 NORTHERN UTILITIES, INC. Integrated Resource Plan Order Granting Protective Treatment O R D E R N O. 23,136 February 1, 1999 On December 16, 1998, Northern Utilities, Inc. (Northern) filed with the New Hampshire Public Utilities Commission (Commission) a Motion for Confidential Treatment (Motion) with regard to certain information pertaining to Northern's forecast and supply plan which is contained in a letter dated December 15, 1998 from Northern's counsel to the Commission's Executive Director & Secretary. In its Motion, Northern states that the letter includes information which falls within the exemption from public disclosure of RSA 91-A:5,IV and N.H. Admin. Rules, Puc 204.06 (c)(1)(b). Northern also states that the information constitutes confidential, commercial and financial information, disclosure of which to a current or potential supplier or competitor would place Northern and its customers at a disadvantage. Northern further states that it does not disclose the confidential information to anyone outside its corporate affiliates and representatives. The Commission recognizes that the information identified above is important to the review of Northern's Integrated Resource Plan (IRP). We also recognize the need for confidential treatment of confidential, commercial and financial information. The information which is the subject of this motion was provided to the Commission in support of Northern's request for a delay in the filing of its IRP. However, the Commission, by Secretarial letter dated December 31, 1998, determined that the information for which confidential treatment was requested should not have precluded Northern from timely filing its IRP. Nevertheless, based on the Company's representations regarding the information, 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 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 Confidential Treatment is GRANTED to allow Staff to review fully the confidential information and to protect from public disclosure the information delineated above which is relevant to the proceeding; and it is FURTHER ORDERED, that the unredacted version of Northern's Counsel's letter of December 15, 1998 shall be and hereby is designated as Protected Material; 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 first day of February, 1999. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary