Publication - FOI/EIR release

Information relating to EDF energy framework: FOI release

Published: 16 Sep 2021

Information request and response under the Freedom of Information (Scotland) Act 2002

Published:
16 Sep 2021
Information relating to EDF energy framework: FOI release
FOI reference: FOI/202100223457
Date received: 28 Jul 2021
Date responded: 25 Aug 2021
Information requested

A copy of the Framework documents, including the associated supply agreement and EDF Energy Operational Process Manual.

Response

Attached is a copy of most of the information requested. Due to the file size, I have arranged for the files to be sent separately.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section(s) 33(1)(b) - Substantial prejudice to commercial interests and 38(1)(b) - Third party personal data of FOISA applies to that information. The reasons these exemptions apply are as explained below.

The 38(1)(b) - Third party personal data exemption 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 exemption.

The 33(1)(b) - Substantial prejudice to commercial interests 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. We recognise that there is some public interest in release. However, this is outweighed by the public interest in the release of certain financial information could adversely affect future dialogues and would likely prejudice the commercial interests of that company.

Due to the size of the files we are unable to upload the documents referred to above. If you wish to consider, please contact us at the address below and we will be happy to provide.

About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG