239C.270 - Vulnerability assessment and response plan of utility: Confidentiality; penalties.
239C.270 Vulnerability assessment and response plan of utility: Confidentiality; penalties.
1. Each utility shall:
(a) Conduct a vulnerability assessment in accordance with the requirements of the federal and regional agencies that regulate the utility; and
(b) Prepare and maintain an emergency response plan in accordance with the requirements of the federal and regional agencies that regulate the utility.
2. Each utility shall:
(a) As soon as practicable but not later than December 31, 2003, submit its vulnerability assessment and emergency response plan to the Division; and
(b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division.
3. Except as otherwise provided in NRS 239.0115, each vulnerability assessment and emergency response plan of a utility and any other information concerning a utility that is necessary to carry out the provisions of this section is confidential and must be securely maintained by each person or entity that has possession, custody or control of the information.
4. A person shall not disclose such information, except:
(a) Upon the lawful order of a court of competent jurisdiction;
(b) As is reasonably necessary to carry out the provisions of this section or the operations of the utility, as determined by the Division;
(c) As is reasonably necessary in the case of an emergency involving public health or safety, as determined by the Division; or
(d) Pursuant to the provisions of NRS 239.0115.
5. If a person knowingly and unlawfully discloses such information or assists, solicits or conspires with another person to disclose such information, the person is guilty of:
(a) A gross misdemeanor; or
(b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:
(1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or
(2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.
(Added to NRS by 2003, 2460; A 2005, 1536; 2007, 2065)