Scottish Public Pensions Agency's energy management system: EIR release

FOI reference: FOI/18/01365
Date received: 14 May 2018
Date responded: 1 June 2018

Information requested

Information regarding the Scottish Public Pension Agency's contract relating to their energy management system. Not all organisations have energy management system and if the organisation does not have one please ignore the contractual part of my request (1-6) and concentrate on questions 7-12.

1. The supplier who provides the software to the organisation?

2. The cost associated with the software. Please provide me with the annual spend.

3. What is the brand of the software?

4. What is the duration of the contract?

5. When does this contract expires?

6. When does the organisation plan to review this contract?

7. Can you please provide me with the contract description of the services provided under the agreement with the supplier? This also includes potential extensions and support and maintenance services.

8. What is the organisation's annual energy spend for the following: a. Electricity
b. Gas
c. Water

9. What is the total number of meter points for Electricity for:
a. Non Half Hourly (NHH) meter points
b. Half Hourly (HH) meter points

10. What is the total number of Gas meter points?

11. What is the total number of Water meter points?

12. What is the total number of meter points for specialist gases and liquids?

13. Can you please provide me with the contact details of the key person responsible for this contract or around energy management.

14. Can you please send me the organisations' energy management strategy/plan that covers 2018?

Response

As the information requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

While our aim is to provide information whenever possible, in this instance the Scottish Public Pensions Agency does not have some of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs relating to questions 1-7 only. Questions 1-7 relate to a contract for an energy management system which the Scottish Public Pensions Agency does not have.

8. What is the organisation's annual energy spend for the following: a. Electricity - £40,559
b. Gas - £9,237
c. Water - £10,114 (including sewerage and drainage charges)

These costs are based on the financial year 2017-18.

9. What is the total number of meter points for Electricity for:
a. Non Half Hourly (NHH) meter points - None
b. Half Hourly (HH) meter points - One

10. What is the total number of Gas meter points?

One

11. What is the total number of Water meter points?

One

12. What is the total number of meter points for specialist gases and liquids?

None

13. Can you please provide me with the contact details of the key person responsible for this contract or around energy management.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene Article 5(1) of the General Data Protection Regulation (formerly the principles in Schedule 1 to the Data Protection Act 1998). This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

Contact details for queries relating to Environmental and Energy matters should be sent to our publicly available Facilities mailbox: sppafacilities@gov.scot

14. Can you please send me the organisations' energy management strategy/plan that covers 2018?

Some of the information you have requested is available from the Corporate Publications page of our internet site:

http://www.sppa.gov.uk/index.php?option=com_content&view=article&id=317&Itemid=688

http://www.sppa.gov.uk/index.php?option=com_content&view=article&id=1106&Itemid=1756

Climate change report

https://www.keepscotlandbeautiful.org/sustainability-climate-change/sustainable-scotland-network/climate-change-reporting/climate-change-reports/?cid=6

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested under question 14 because a Climate change action plan is being considered for development. A publication date of which has not been scheduled.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that information which is under consideration is not disclosed when it might misinform the public.

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