FER0168409

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Decision Summary

  • Case Ref: FER0168409
  • Date: 25 January 2010
  • Public Authority: Department of Energy & Climate Change
  • Summary: The complainant requested information regarding the cost of nuclear plants and the management of radioactive waste and decommissioning. The public authority initially applied a number of exemptions under the Freedom of Information Act (“the Act”) to the requested information. However, it also recognised that in the event that some of the information was environmental, a number of exceptions under the Environmental Information Regulations 2004 (“the EIR”) would apply. During the course of the Commissioner’s investigation the public authority argued that some of the information it had initially considered to be relevant in fact fell outside of the scope of the request. The Commissioner has concluded that some of the information identified by the public authority did fall outside of the scope of the request but that other material fell within it. He has found that all of the information within the scope of the request should have been considered under the EIR and that some of it constitutes information on or relating to emissions. The Commissioner has concluded that the exceptions in Regulations 12(5)(e) to (g) cannot be relied upon as a basis for withholding the information by virtue of Regulation 12(9). In relation to the independent consultant reports, the Commissioner has found that they were incorrectly withheld on the basis of 12(4)(e) as they do not constitute internal communications. The Commissioner has concluded that the remainder of the withheld information did constitute internal communications and therefore the exception in Regulation 12(4)(e) was engaged. However, he has found that the public interest in maintaining this exception at the time of the request did not outweigh the public interest in disclosure. The Commissioner also finds that disclosure of personal data identified by the public authority would not have breached the data protection principles and therefore Regulation 13(1) did not apply. The Commissioner has ordered the public authority to disclose the information within the scope of the request that has not already been provided to the complainant within 35 days from the date of this Notice. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]
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