The complainant has requested a number of reports submitted to Ofgem by Drax Power Limited (Drax), including annual Sustainability Audit Reports. Ofgem provided some of the requested information including redacted versions of three Annual Sustainability Audit Reports. The majority of the information redacted from these reports was withheld under the exception provided by regulation 12(5)(c) – intellectual property rights. Regulation 12(5)(e) – confidentiality of commercial information and regulation 12(5)(f) – adverse effect on the voluntary supply of information, were applied to information from different parts of the reports. Ofgem later dropped its reliance on regulation 12(5)(f). The Commissioner’s decision is that regulation 12(5)(c) is not engaged in respect of the information to which it has been applied. However Ofgem can rely on regulation 12(5)(e) to withhold the information to which that exception has been applied. The Commissioner requires the public authority to disclose the information being withheld under regulation 12(5)(c).
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