National Grid PLC (Other) [2020] UKICO fer0902445 (15 July 2020)
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National Grid PLC
The complainant has requested information from the National Grid PLC (“NG”) regarding four wind farms, the key stages of establishing connection and other related information. NG refused to provide this information, initially refusing it under Regulation 12(5)(f) but later changed its reliance on this regulation and cited Regulations 12(4)(d) and 12(5)(e) instead. The Commissioner’s decision is that Regulation 12(4)(d) is not engaged regarding Kype Muir, but it is engaged in relation to Broken Cross where the public interest favours maintaining the exception. She does not agree that Regulation 12(5)(e) is engaged with regard to the information requested relating to Beinneun, Kilgallioch and Kype Muir. However, she accepts that the exception is engaged regarding Broken Cross and that the public interest favours maintaining the exception. The Commissioner has also decided that NG has breached Regulations 5(1) and 5(2) of the EIR by not providing information it held within the time for compliance. The level of advice and assistance provided by NG did comply with the requirements of regulation 9(1) of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information held that falls within the scope of the request as it relates to Beinneun, Kilgallioch and Kype Muir.
EIR 9(1):
Complaint not upheld
EIR 12(4)(d):
Complaint upheld
EIR 5(1):
Complaint upheld
EIR 5(2):
Complaint upheld
EIR 12(5)(e):
Complaint upheld
Decision notice: fer0902445
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0902445.html
