ORDER NO. 96-259

ENTERED OCT 07 1996

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 9

On October 4, 1996, the arbitrator held a prehearing telephone conference. At the conference, the parties, MCImetro, Inc. (MCImetro) and GTE Northwest, Inc. (GTE) agreed that a standard protective order to restrict disclosure of certain confidential information be issued. The parties agreed that good cause exists to issue a protective order.

MCImetro seeks protection of its trade secrets and other confidential information, the disclosure of which would cause serious and irreparable injury to MCImetro. The information could be used by MCImetro’s competitors to their commercial advantage and to the commercial disadvantage of MCImetro, causing substantial monetary loss to MCImetro and, ultimately, the loss of competitive choices for customers.

MCImetro has made a prima facie showing of good cause to issue a protective order in this proceeding.

This protective order and the information protected by it is subject to all the provisions set forth in Appendix A. Parties agreeing to be bound by the terms of the protective order shall sign the signatory page of Appendix B.

NOTICE

Any party in this proceeding may appeal to the Commission for relief from any term of this Protective Order by filing a complaint with the Commission as provided in OAR 860-013-0015. Parties benefiting from this Protective Order may respond as provided by Commission Rules of Practice and Procedure. For good cause shown, the Commission may establish expedited procedures for ruling on any such appeal.

ORDER

IT IS ORDERED that the Standard Protective Order, attached as Appendix "A," shall govern disclosure of confidential information in this case.

Made, entered, and effective ________________________________, pursuant to OAR 860-012-0035(1)(k).

This order may be appealed to the Commission pursuant to OAR 860-014-0091. The appeal should be in the form of a motion. See OAR 860-013-0031.