NNB Generation Company (HPC) Ltd

The complainant has requested information about acoustic fish deterrents. NNB Generation Company (HPC) Ltd (NNB GenCo) refused to comply with the request as it did not consider the information to be environmental or that it was subject to the EIR. The Commissioner’s decision is that NNB GenCo is public authority for the purposes of the EIR and therefore was under an obligation to respond to the request. As it failed to provide any environmental information or issue a refusal notice, the Commissioner finds that NNB GenCo breached regulation 5(2) of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.