Nev. Admin. Code § 703.5274 - Confidential treatment of information: Requests; procedures; responsibilities of Commission; hearings

1. A person who requests that information, which is in the possession of the Commission and pertains to that person, not be disclosed and be made confidential shall submit to:
(a) The Secretary of the Commission, one copy of each page of the document which contains the information in an unredacted form. The copy must be printed on pink-colored paper and consist only of the pages containing the information requested to be confidential and, if taken from a larger document, the cover page of the larger document. The document must be placed in a sealed envelope, and the envelope and each page of the document must be stamped with the word "Confidential." No system document may contain any information requested to be confidential.
(b) The Commission, the larger document which redacts the information for which the confidential treatment is requested. If the larger document is submitted via the electronic filing system, the larger document must clearly state that corresponding, unredacted information is being filed pursuant to paragraph (a).
2. A request that information not be disclosed must be attached to the sealed envelope containing the information requested to be confidential and served on the Commission's staff and the Consumer's Advocate and must:
(a) Describe with particularity the information to be treated as confidential information;
(b) Specify the grounds for the claim of confidential treatment of the information; and
(c) Specify the period during which the information must be retained, which may not exceed 5 years unless a request for an extension is granted by the Commission.
3. Public disclosure of only those specific portions of a filing which contain information for which confidentiality is requested will be withheld or otherwise limited.
4. If the information for which confidentiality is requested is part of an application, petition or other initial filing, the application, petition or filing must comply with the provisions of this section. The Commission's initial notice issued pursuant to NRS 703.320 and NAC 703.492 will state that certain information contained in the application, petition or filing has been requested to be treated as confidential information.
5. The Commission is responsible for the custody, maintenance, and return or disposal of confidential information in the possession of the Commission and will:
(a) Maintain the confidential information separate and apart from all other records of the Commission;
(b) Adequately safeguard access to such information and ensure that confidential information is not divulged to unauthorized persons; and
(c) Properly dispose of the confidential information after the appropriate period of time.
6. For the purpose of determining whether to accord confidential treatment to information in accordance with NAC 703.527 to 703.5282, inclusive, a presiding officer may review the information in camera.
7. A closed hearing held before a presiding officer must be held in accordance with the provisions of subsection 3 of NRS 703.196.
8. Notwithstanding the other provisions of this section, the Commission's staff and the Consumer's Advocate are entitled to receive information designated as confidential in accordance with NAC 703.527 to 703.5282, inclusive, if the Commission's staff or the Consumer's Advocate, as appropriate, has executed a protective agreement.
9. A person may request by telephone that information erroneously submitted through the electronic filing system be removed from any publicly accessible areas of the records management system. Within 2 business days of the request, the person must submit to the Commission:
(a) A letter formally requesting the removal of the information from any publicly accessible areas of the records management system;
(b) A revised version of the information to be substituted for the information erroneously submitted through the electronic filing system; and
(c) A request that the information removed from the publicly accessible areas of the records management system be made confidential.
10. Submitted information shall not be deemed to be confidential until the requirements of this section are fulfilled in regards to an initial filing of information requested to be confidential or to a subsequent request for confidentiality.

Notes

Nev. Admin. Code § 703.5274
Added to NAC by Pub. Service Comm'n, eff. 1-24-96; A by Pub. Utilities Comm'n by R010-05, 9-7-2005; R107-07, 12-4-2007

NRS 703.025, 703.190, 703.196, 704.210

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