Existing law 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 Commission 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.

Statutes affected:
As Introduced: 703.196
BDR: 703.196