NAC519A.170. Treatment of information as confidential.

     1. An operator may request when the information is submitted that the information submitted to the Division with the request for a permit be treated as confidential. The Division shall consider a request only if the operator, when the information is submitted, stamps or writes “confidential business information” on each page.

     2. The operator must show to the satisfaction of the Division that the information contained in the application for a permit is entitled to protection as a trade secret.

     3. Except as otherwise provided in subsection 4, if the Division determines that the information is not entitled to protection as a trade secret it must not make the information public until the Division has:

     (a) Notified the operator; and

     (b) Allowed at least 10 working days after the notice has been sent for the informant to appeal the decision.

     4. If the request is not made at the time the information is submitted, the Division may make the information available to the public without notice to the operator.

     5. “Trade secret”:

     (a) Includes the location of exploration drill holes and a formula, pattern, compilation, program, device, method, technique or process that:

          (1) Derives independent economic value, present or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

          (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

     (b) Does not include the name and address of the operator.

     (Added to NAC by Environmental Comm’n, eff. 9-19-90)