SGN

The complainant has made a six-part request for information relating to a Hydrogen Consequence Testing study. SGN provided the information it held in respect of parts 1), 2) and 5) of the request. It refused to provide the information requested in parts 3), 4), and 6) of the request, citing regulations 6(1)(b) and 12(5)(e) of the EIR. The Commissioner’s decision is that SGN was entitled to rely on regulation 6(1)(b) of the EIR to refuse to provide some if the information. However, SGN breached regulation 5(2) of EIR as it failed to inform the complainant that the information is readily accessible and direct them to where the information is available. The Commissioner also finds that SGN cannot rely on regulation 12(5)(e) to withhold the remaining withheld information as it is information on emissions for the purposes of regulation 12(9) of the EIR. The Commissioner requires SGN to inform the complainant of the documents falling within the scope of part 6) of the request that are readily accessible and direct them to where the information is available, and disclose the information identified as being information on emissions – namely the investigation report. SGN must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.