NAC703.5282. Disclosure of information designated as confidential; penalties.

     1. During the pendency of a proceeding, any person who receives information which has been designated as confidential in accordance with NAC 703.527 to 703.5282, inclusive:

     (a) Shall not disclose the information unless the confidentiality of the information is waived. The confidentiality of information shall be deemed to be waived if:

          (1) The person who requested that the information not be disclosed makes the information available to the public or otherwise authorizes its disclosure; or

          (2) The Commission or presiding officer enters an order which authorizes the disclosure of the information.

     (b) May request, at any time, that the Commission or presiding officer make a determination that the disclosure of the information is justified. The person may accompany his or her request with a sealed copy of the unredacted document or information.

     2. The person seeking to have the information protected from disclosure has the burden of proof to demonstrate that the information sought to be disclosed is entitled to that protection.

     3. Information which is the subject of an agreement or a protective order will be provided only to the Commission’s staff, the Consumer’s Advocate, the legal counsel of a party of record and any person who is identified by a party of record as his or her expert for the purposes of reviewing and analyzing the specific matter related to the confidential information.

     4. A person, a party, the legal counsel of a party or the expert designated by a party who:

     (a) Violates the procedures of the Commission or presiding officer for protecting information;

     (b) Fails to obey a protective order issued by the Commission or the presiding officer;

     (c) Violates the terms or conditions of a protective agreement; or

     (d) Violates any other prohibition of the disclosure of information designated as confidential in accordance with NAC 703.527 to 703.5282, inclusive,

Ê is subject to the penalties and civil remedies prescribed in NRS 703.380 and 704.630, and, after notice and opportunity for a hearing, may be barred by order of the Commission from appearing before the Commission.

     (Added to NAC by Pub. Service Comm’n, eff. 1-24-96; A by Pub. Utilities Comm’n by R010-05, 9-7-2005)