A.B. 46
- *AB46*
ASSEMBLY BILL NO. 46–COMMITTEE
ON GROWTH AND INFRASTRUCTURE
(ON BEHALF OF THE PUBLIC UTILITIES
COMMISSION OF NEVADA)
PREFILED NOVEMBER 19, 2024
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Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions relating to privileges applicable
to information obtained from records and other
property of public utilities and certain other entities.
(BDR 58-310)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public utilities; establishing that an applicable
privilege is not waived when certain entities disclose or
make available confidential information to the Public
Utilities Commission of Nevada and certain other persons
and governmental entities; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes privileges for communications made under certain 1
circumstances, which authorize a person to refuse to disclose, and to prevent any 2
other person from disclosing, information contained in such privileged 3
communications. (Chapter 49 of NRS) With certain exceptions, existing law also 4
provides that a privilege is waived if a person who holds the privilege voluntarily 5
discloses or consents to disclosure of any significant part of the information 6
contained in the privileged communication. (NRS 49.385) 7
With certain exceptions, the records and files in the possession of the Public 8
Utilities Commission of Nevada are public records and are required to be open at 9
all reasonable times to the public. (NRS 239.010, 703.190) Under existing law, the 10
Commission is authorized to: (1) keep confidential certain information in the 11
records of public utilities and other entities, including, without limitation, trade 12
secrets and confidential commercial information, that are required to be made 13
available to the Commission and its officers and employees; and (2) take such 14
actions as are necessary to prevent the disclosure of such information by persons 15
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and governmental entities authorized by existing law to have access to such 16
confidential information. (NRS 703.190, 703.196) 17
This bill provides that if any such confidential information is also privileged, 18
the privilege is not waived as a result of the confidential information being 19
disclosed or made available to the Commission, its officers and employees, and 20
other persons and governmental entities authorized by existing law to have access 21
to the confidential information. 22
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 703.196 is hereby amended to read as follows: 1
703.196 1. Any books, accounts, records, minutes, papers 2
and property of any public utility, alternative seller, provider of 3
discretionary natural gas service or provider of new electric 4
resources that are subject to examination pursuant to NRS 703.190 5
or 703.195 and are made available to the Commission, any officer or 6
employee of the Commission, an affected governmental entity, any 7
officer or employee of an affected governmental entity, the Bureau 8
of Consumer Protection in the Office of the Attorney General or any 9
other person under the condition that the disclosure of such 10
information to the public be withheld or otherwise limited, must not 11
be disclosed to the public unless the Commission first determines 12
that the disclosure is justified. 13
2. The Commission shall take such actions as are necessary to 14
protect the confidentiality of such information, including, without 15
limitation: 16
(a) Granting such protective orders as it deems necessary; and 17
(b) Holding closed hearings to receive or examine such 18
information. 19
3. If the Commission closes a hearing to receive or examine 20
such information, it shall: 21
(a) Restrict access to the records and transcripts of such hearings 22
without the prior approval of the Commission or an order of a court 23
of competent jurisdiction authorizing access to the records or 24
transcripts; and 25
(b) Prohibit any participant at such a hearing from disclosing 26
such information without the prior authorization of the Commission. 27
4. A representative of the Regulatory Operations Staff of the 28
Commission and the Bureau of Consumer Protection: 29
(a) May attend any closed hearing held pursuant to this section; 30
and 31
(b) Have access to any records or other information determined 32
to be confidential pursuant to this section. 33
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5. The Commission shall consider in an open meeting whether 1
the information reviewed or examined in a closed hearing may be 2
disclosed without revealing the confidential subject matter of the 3
information. To the extent the Commission determines the 4
information may be disclosed, the information must become a part 5
of the records available to the public. Information which the 6
Commission determines may not be disclosed must be kept under 7
seal. 8
6. No waiver of any applicable privilege in the information 9
contained in any books, accounts, records, minutes, papers and 10
property of any public utility, alternative seller, provider of 11
discretionary natural gas service or provider of new electric 12
resources that are subject to examination pursuant to NRS 13
703.190 or 703.195 shall occur as a result of making such 14
information available or disclosing such information to the 15
Commission, the Regulatory Operations Staff of the Commission 16
or any other officer or employee of the Commission, an affected 17
governmental entity, any officer or employee of an affected 18
governmental entity, the Bureau of Consumer Protection in the 19
Office of the Attorney General or any other person to whom such 20
information is disclosed or made available if further disclosure of 21
such information to the public is prohibited by this section. 22
Sec. 2. This act becomes effective upon passage and approval. 23
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