Section 09.25.460. Nonprivileged materials.

   (a) There is no privilege under AS 09.25.450 for that part of an audit report that contains the following:
        (1) a document, communication, datum, report, or other information required by a government agency to be collected, developed, maintained, or reported under an environmental law, under a permit issued under an environmental law, as a requirement for obtaining, maintaining, or renewing a license, as a requirement under a contract or lease with the state or a municipality, or as a requirement under an administrative order or court order or decree;
        (2) information that a government agency obtains by observation, sampling, or monitoring;
        (3) information that a government agency obtains from a source that was not involved in compiling, preparing, or conducting the environmental audit report;
        (4) a document, communication, datum, report, or other information collected, developed, or maintained in the course of a regularly conducted business activity or regular practice other than an environmental audit;
        (5) a document, communication, datum, report, or other information that is independent of the environmental audit, whether prepared or existing before, during, or after the audit; and
        (6) a document, communication, datum, report, or other information, including an agreement or order between a government agency and an owner or operator, regarding a compliance plan or strategy.
   (b) An audit report is not privileged and is admissible as evidence and subject to discovery and use in a proceeding relating to pipeline rates, tariffs, fares, or charges. The owner or operator who prepared the audit report or caused the report to be prepared is entitled to a protective order in a proceeding relating to pipeline rates, tariffs, fares, or charges to maintain the confidentiality of the audit from discovery, use, or admission in evidence in other types of proceedings. Discovery, use, or admission in evidence in a proceeding relating to pipeline rates, tariffs, fares, or charges is not considered to have waived the privilege for any other purpose.

Authorities

9.25.450; 9.25.490

Notes

References

AS 9.25.450 .450">Sec. 09.25.450. Audit report privilege.
AS 9.25.490 .490">Sec. 09.25.490. Definitions.

History

(Sec. 2 ch 29 SLA 1997)