Section 378:43 Information Not Subject to Right-to-Know Law.
I. (a) Any information or records that a telephone utility provides to the public utilities commission or its staff as part or in support of a filing with the commission or in response to a request that the information or records be provided to the commission or its staff shall be maintained confidentially and shall not be considered public records for purposes of RSA 91-A, if the information or records satisfy the requirements of paragraph II.
(b) Any information or records that public utilities commission staff or a party places into the record during a telephone utility proceeding shall be maintained confidentially and shall not be considered public records for purposes of RSA 91-A, if the information or records satisfy the requirements of paragraph II.
II. In order to obtain confidential treatment under paragraph I, the telephone utility shall represent to the public utilities commission that the information or records are not general public knowledge or published elsewhere; that measures have been taken by the telephone utility to prevent dissemination of the information or records in the ordinary course of business; and that the information or records:
(a) Pertain to the provision of competitive services; or
(b) Set forth trade secrets that required significant effort and cost to produce, or other confidential, research, development, financial, or commercial information, including customer, geographic, market, vendor, or product-specific data, such as pricing, usage, costing, forecasting, revenue, earnings, or technology information not reflected in tariffs of general application.
III. If the public utilities commission subsequently determines on its own motion or on request of another party, after notice and an opportunity for hearing, that the telephone utility's representation is incorrect and the information or records do not satisfy the requirements of paragraph II, the information or records shall be subject to disclosure under RSA 91-A. Before permitting public disclosure, the commission shall afford the telephone utility 30 days from issuance of its written decision to request reconsideration. The material shall be maintained confidentially pending consideration of any such request and until all rights to appeal the determination have been exhausted.
Source. 1999, 154:1, eff. Aug. 24, 1999.