The aim of the Low Carbon Contracts Company (LCCC) is to promote investment in renewable energy, by entering into contracts (known as Contracts for Difference (CfDs)) with potential generators which fix the price for the electricity produced from windfarms. Under the terms of a CfD the wind farm has to be operational by an agreed date. The complainant requested information relating to whether a particular generator had applied for an extension to, what the Commissioner will refer to as, its start date on the basis that there had been a force majeure. The LCCC refused to disclose any information as to whether such a claim had been made under the regulation 12(4)(e) – internal communications, 12(5)(b) – adverse affect to the course of justice, 12(5)(e) – confidentiality of commercial information, 12(5)(f) – voluntary supply of information. The Commissioner’s decision is that all the information can be withheld under regulation 12(5)(e) and that some of it can be withheld under 12(5)(b). The exception provided by regulation 12(4)(e) is engaged, but can only be relied on to withhold the information when the public interest in favour of maintaining that exception is aggregated with the public interest in favour of maintaining regulation 12(5)(e). The exception provided by regulation 12(5)(f) is not engaged. The Commissioner does not require the public authority to take the following any further action in this matter.
EIR 12(5)(b): Complaint not upheld EIR 12(4)(e): Complaint not upheld EIR 12(5)(e): Complaint not upheld EIR 12(5)(f): Complaint upheld
Citations:
[2019] UKICO fer0848972
Links:
Jurisdiction:
England and Wales
Information
Updated: 20 November 2022; Ref: scu.650445