Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 46–Committee
on Growth and Infrastructure
CHAPTER..........
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 la w establishes privileges for communications made under certain
circumstances, which authorize a person to refuse to disclose, and to prevent any
other person from disclosing, information contained in such privileged
communications. (Chapter 49 of NRS) With certain exceptions, existing law also
provides that a privilege is waived if a person who holds the privilege voluntarily
discloses or consents to disclosure of any significant part of the information
contained in the privileged communication. (NRS 49.385)
With certain exceptions, the records and files in the possession of the Public
Utilities Commission of Nevada are public records and are required to be open at
all reasonable times to the public. (NRS 239.010, 703.190) Under existing law, the
Commission is authorized to: (1) keep confidential certain information in the
records of public utilities and other entities, including, without limitation, trade
secrets and confidential commercial information, that are required to be made
available to the Commissi on and its officers and employees; and (2) take such
actions as are necessary to prevent the disclosure of such information by persons
and governmental entities authorized by existing law to have access to such
confidential information. (NRS 703.190, 703.196)
This bill provides that if any such confidential information is also privileged,
the privilege is not waived as a result of the confidential information being
disclosed or made available to the Commission, its officers and employees, and
other persons and governmental entities authorized by existing law to have access
to the confidential information.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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:
703.196 1. Any books, accounts, records, minutes, papers
and property of any public utility, alternative seller, provider of
discretionary natural gas service or provider of new electric
resources that are subject to examination pursuant to NRS 703.190
or 703.195 and are made available to the Commission, any officer or
employee of the Commission, an affected governmental entity, any
officer or employee of an affected governmental entity, the Bureau
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- 83rd Session (2025)
of Consumer Protection in the Office of the Attorney General or any
other person under the condition that the disclosure of such
information to the public be withheld or otherwise limited, must not
be disclosed to the public unless the Commission first determines
that the disclosure is justified.
2. The Commission shall take such actions as are necessary to
protect the confidentiality of such informatio n, including, without
limitation:
(a) Granting such protective orders as it deems necessary; and
(b) Holding closed hearings to receive or examine such
information.
3. If the Commission closes a hearing to receive or examine
such information, it shall:
(a) Restrict access to the records and transcripts of such hearings
without the prior approval of the Commission or an order of a court
of competent jurisdiction authorizing access to the records or
transcripts; and
(b) Prohibit any participant at such a hearing from disclosing
such information without the prior authorization of the Commission.
4. A representative of the Regulatory Operations Staff of the
Commission and the Bureau of Consumer Protection:
(a) May attend any closed hearing held pursuant to this section;
and
(b) Have access to any records or other information determined
to be confidential pursuant to this section.
5. The Commission shall consider in an open meeting whether
the information reviewed or examined in a closed hearing may be
disclosed without revealing the confidential subject matter of the
information. To the extent the Commission determines the
information may be disclosed, the information must become a part
of the records available to the public. Information which the
Commission determines may not be disclosed must be kept under
seal.
6. No waiver of any applicable privilege in the information
contained in any books, accounts, records, minutes, papers and
property of any public utility, alternative seller, provider of
discretionary natural gas service or provider of new electric
resources that are subject to examination pursuant to N RS
703.190 or 703.195 shall occur as a result of making such
information available or disclosing such information to the
Commission, the Regulatory Operations Staff of the Commission
or any other officer or employee of the Commission, an affected
governmental entity, any officer or employee of an affected
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- 83rd Session (2025)
governmental entity, the Bureau of Consumer Protection in the
Office of the Attorney General or any other person to whom such
information is disclosed or made available if further disclosure of
such information to the public is prohibited by this section.
Sec. 2. This act becomes effective upon passage and approval.
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