Two from PUC mum on talks

Friday, June 5, 1998 | 10:21 a.m.

Discussion by PUC members on government matters outside of an announced public meeting could violate Nevada's open meeting law.

During the public comment part of Thursday's PUC meeting, the Las Vegas Review-Journal asked the commissioners individually if they had discussions or other communications with one another outside of public meetings on their proposed orders.

Commissioner Lucy Stewart said, "Absolutely not."

Chairwoman Judy Sheldrew and Commissioner Tim Hay, the other two members, didn't answer the question.

"I'm not sure that interrogation is something that we can necessarily accommodate," Commission Chairwoman Judy Sheldrew said. She and Hay were seen whispering, but Hay made no audible comment.

Sheldrew didn't reply to questions about the commission's practices, pointing to advice from the commission's attorneys.

Staff attorneys for the PUC advised commissioners not to respond to questions that related to a lawsuit the PUC filed for a court interpretation of the open meetings law. Anthony Sanchez, assistant general counsel, noted that the Review-Journal has asked for permission to intervene in the lawsuit over the open meetings law.

The PUC has asked a district judge in Carson City to overturn a written attorney general's opinion on the open meetings law. The attorney general concluded that the PUC must disclose draft or proposed orders to the public when they are distributed to the three commissioners.

None of the PUC members would say whether they had access to electronic or other forms of draft orders before or after the draft orders are provided to the public in printed form.

Sanchez said the PUC was complying with the attorney general's opinion but didn't elaborate.