NAC701A.565. Confidentiality of application and related information.

     1. In accordance with the provisions of chapter 239 of NRS, all information relating to an application which is submitted to the Director and which is not otherwise declared by law to be confidential is a public record. If an applicant believes that information contained in the application is confidential and should be redacted and protected from publication, the applicant must:

     (a) Submit with the original application a redacted copy of the application which clearly identifies each item in the application that the applicant believes is confidential and should be redacted and protected from publication; and

     (b) Provide for each identified item a citation to the legal authority for and argument as to why the particular item is confidential and should be redacted and protected from publication.

     2. As soon as practicable after receipt of copies of the original and redacted applications, the Director will, for each individual item which the applicant believes is confidential and should be redacted and protected from publication:

     (a) Make a determination as to whether the item has been declared by law to be confidential and may be redacted from the application; and

     (b) Provide the applicant with written notice regarding the Director’s determination.

     3. Not later than 3 business days after an applicant receives the written notice of the Director’s determination made pursuant to subsection 2, the applicant shall indicate to the Director in writing with respect to each item which the Director has determined may not be redacted from the application:

     (a) That the applicant consents to publication of the item; or

     (b) That the applicant objects to publication of the item and indicate the legal basis, if any, and any argument in support of the applicant’s objection. If the Director again rejects the applicant’s argument that the item should not be made public, the applicant may withdraw the application or seek an order from a court of competent jurisdiction protecting the item from publication.

     4. If the Director determines that one or more items in an application are confidential and should not be made public, or if a court of competent jurisdiction rules that one or more items in an application are confidential and must not be made public, the Director will prepare a copy of the application from which the items that will not be made public have been redacted. The Director will, as soon as practicable, provide a copy of the redacted application to:

     (a) The Chief of the Budget Division of the Department of Administration;

     (b) The Department of Taxation;

     (c) The board of county commissioners of each county in which the project or facility is located;

     (d) The county assessor of each county in which the project or facility is located;

     (e) In addition to the notice required by subsection 4 of NRS 701A.360, the county treasurer of each county in which the project or facility is located;

     (f) The governing body of each city or town in which the project or facility is located; and

     (g) The Office of Economic Development.

     5. If an applicant submits an application which the applicant believes contains information that is confidential and should be redacted and protected from publication:

     (a) A recipient of a copy of the original application:

          (1) Shall not make any portion of the original application public before the Director has issued a written determination concerning the items which the applicant believes are confidential and should be redacted and protected from publication; and

          (2) May make public only the information contained in the redacted application prepared by the Director; and

     (b) A recipient of a redacted application may make public only the information contained in the redacted application prepared by the Director.

     6. Any of the persons or governmental entities listed in subsection 4 may request in writing that the Director additionally provide to the person or governmental entity any information which the Director has determined is confidential. The Director may, in his or her discretion, provide the requested information. If the Director provides any such information, the person or governmental entity to whom he or she provides the information must limit access to and use of the information only to those people for whom such information is necessary in the performance of their duties. The Director will provide written notice to an applicant before providing any confidential information pursuant to this subsection. Confidential information provided pursuant to this subsection must not be made public.

     (Added to NAC by Nev. Energy Comm’r by R094-10, eff. 8-13-2010; A by Office of Energy by R065-13, 2-26-2014)