Orkin Exterminating Company, Inc

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IN THE MATTER OF ORKIN EXTERMINATING COMPANY, INC.

Docket 9176. Interlocutory Order, Oct. , 1986. NOTICE OF INTENT TO RELEASE IN CAMERA INFORMATION This is to advise Orkin Exterminating Company that, consistent with Section 21(d)(2) of the Federal Trade Commission Act, 15 V. 57b-2(d)(2)(1982), and Commission Rule 3.45(a), 16 C. 3.45(a) (1986), the Commission intends to include in the public decisional documents in this proceeding certain information that the Administrative Law Judge received into the in camera record. The information that wil be made public appears in those portions of the Initial Decision currently fied on the in camera record of this proceeding. In making a determination to release in camera information in the course of an adjudicative proceeding, the Commission must balance the potential harm of such release to the protected party against the substantial interest in the public s having available the factual background underlying a Commission decision. Public knowledge of such information permits both improved evaluation of the fairness and wisdom ofa given Commission decision and provides clearer guidance to affected parties. See RSR Corp. 88 F. C. 206 and 88 F. C. 734 (1976).

Here we have concluded that the potential harm to Orkin Exterminating Company from release of the limited information cited above is slight and is outweighed by the value of making the basis of Commission decisions public to the greatest extent possible. In addition, most ofthe information in question already appears in the public binders of this proceeding rather than, or in addition to, the binder containing in camera material. The figures are at least two years old and do not appear to provide suffcient information to competitors to conclude that their release would impose a "clearly defined, serious injury" on Orkin. H.P. Hood & Sons Inc., 58 F. C. 1184, 1188 (1961). See also Bristol-Myers Co., 90 F. C. 455, 456 (1977), as modified by General Foods Corp. 95 F. C. 352, 355 (1980). The information reflected in the portions of the Initial Decision cited above wil be placed on the public record of this proceeding no soonerfor Orkinthan ten calendarExterminatingdays from service ofthisCompany.notice upon counsel 148 FEDERAL TRADE COMMISSION D"CISIONS Complaint 108 F.'I.