20130109Request for Proprietary Treatment.pdf

BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION 20 13 JAN -9 1i ia: 32
IDAHU PJIBLIiL

) JTILITL3 COMM18310

Application of lonex Communications North, ) Docket No.
Inc. dba Birch Communications for a )
Certificate of Public Convenience and Necessity to provide local telecommunications )
service in Idaho )
REQUEST FOR TRADE SECRET TREATMENT
lonex Communications North, Inc. dba Birch Communications ("lonex" or "Applicant")
respectfully requests that the Idaho Public Utilities Commission ("Commission") grant
protection from public disclosure and afford trade secret treatment to the TRADE SECRET
version of the Application for a Certificate of Public Convenience and Necessity to provide local
telecommunications service in Idaho ("Application"), containing the financial information
submitted as Exhibit D to the Application (the "Financials"). Applicant requests that the
Commission afford the highest level of protective treatment to the Financials and asks that the
Financials be made available only to the Commission.
lonex provided the Financials of its parent company, Birch Communications, Inc.
("BC I") in the Application. Pursuant to Idaho Public Utilities Commission Rules of Procedure
Rule 67, lonex requests trade secret treatment of the Financials because they contain revenue
information and highly confidential information regarding BCI's assets, liabilities, and financial
condition. The information provided in the Financials derives independent economic value,
actual or potential, from not being generally known to, and not being readily ascertainable by
proper means by other persons who can obtain economic value from its disclosure or use; and are
the subject of reasonable efforts to maintain their secrecy by lonex and BCI.
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The potential harm to lonex and BCI is substantial, and the need for proprietary
protection of this information outweighs any need for public disclosure at this time. As such, the
Financials should be afforded protection from public inspection.
Disclosure of the Financials would have adverse competitive consequences for lonex and
BCI. Absent protection from disclosure, lonex's competitors would have access to sensitive and
private financial data and proprietary information of lonex and BCI, which are not publicly-
traded companies. Because lonex is operating in a highly competitive market, public availability
of this information would adversely disadvantage lonex. Release of this information to the
public would cause undue economic damage and substantially harm the Applicant's ability to
compete in the marketplace.
Protection of the information provided in the Financials does not affect the public interest
and does not restrict interested parties from participating in the administrative process.
Furthermore, the harm that would result from disclosure of this information far outweighs the
public interest in accessing this information.
All notices and inquiries concerning this request should be directed to:
Angela F. Collins
Cahill Gordon & Reindel LLP
1990 K Street, NW, Suite 950
Washington, DC 20006
202-862-8900 (telephone)
866-814-6582 (facsimile)
[e-mail]
WHEREFORE, for the foregoing reasons, the Applicant respectfully requests that the
Commission afford trade secret treatment to the Financials. In the event that this request is
denied, please provide the undersigned with notice of that determination prior to making the
Financials available to the public. The Applicant further requests that the Commission stay the
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release of the Financials until such time as an application for review of the determination is
resolved. Disclosure of the Financials without affording the Applicant an opportunity to contest
a finding against confidentiality would prejudice the Applicant and render moot any successful
appeal.
Respectfully submitted,
IONEX COMMUNICATIONS NORTH, INC.
Angela FYCollins
Cahill Gordon & Reindel LLP
1990 K Street, N.W., Suite 950
Washington, D.C. 20006
202-862-8930 (telephone)
866-814-6582 (facsimile)
[e-mail]
Counsel for lonex Communications North,
Inc. dba Birch Communications
Dated: January 8, 2013
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