The complainant has requested Ofgem to disclose an itemised breakdown of all payments made under the non-domestic renewable heat initiative over the last three years. Ofgem disclosed some information to the complainant but informed him that the remainder is exempt from disclosure under regulation 13 of the EIR. At the internal review stage Ofgem revised its position and informed the complainant that it was refusing to comply with his request in accordance with regulation 12(4)(b) (on the basis of cost). The Commissioner’s decision is that Ofgem is entitled to rely on regulation 12(4)(b) of the EIR in this case and that the public interest rests in maintaining this exception. She has however recorded a breach of regulation 9. Although Ofgem has now provided advice and assistance, it failed to do so when it first cited regulation 12(4)(b). The Commissioner does not require any further action to be taken
EIR 9: Complaint upheld EIR 12(4)(b): Complaint not upheld
Citations:
[2019] UKICO fer0846558
Links:
Jurisdiction:
England and Wales
Information
Updated: 20 November 2022; Ref: scu.650455