AB 46 — Revises provisions relating to privileges applicable to information obtained from records and other property of public utilities and certain other entities. (BDR 58-310)

A.B.Assembly Bill No.

4646–Committee ASSEMBLYon BILLGrowth NOand .Infrastructure CHAPTER..........

46–COMMITTEE ON GROWTH AND INFRASTRUCTURE (O NB EHALF OF THE PUBLIC U TILITIES COMMISSION OF NEVADA ) PREFILED N OVEMBER 19, 2024 ____________ 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.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

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.

(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 atatic Commissionall isreasonable authorizedtimes to:to the public.

(1)(NRS keep239.010, confidential703.190) certainUnder informationexisting inlaw, the, 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 andis itsauthorized officersto: and employees;

and(1) (2)keep takeconfidential suchcertain actionsinformation asin are necessary to prevent the disclosurerecords of suchpublic informationutilities byand personsother -entities, *AB46*including, –without 2limitation, –trade secrets and governmentalconfidential entitiescommercial authorizedinformation, bythat existingare lawrequired to havebe accessmade available to suchthe confidentialCommission information.and its officers and employees;

(NRS 703.190, 703.196) the privilege is not waived as a result of the confidential information beingleged, disclosed or made available to the Commission, its officers and employees,(2) andtake othersuch persons and governmental entities authorized by existing law to have access to thesuchersons 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.

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 of- Consumer83rd ProtectionSession in(2025) the– Office2 of– the Attorney General or any other person under the condition that the disclosure of such or any 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.

and (b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the Commission.

- *AB46* – 3 – 5.

6.contained in any books, accounts, records, minutes, papers andon 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 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 - 83rd Session (2025) – 3 – 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.

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 resources that are subject to examination pursuant to NRStric 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 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.

H~~~~~ 25 - *AB46*83rd Session (2025)