State energy company correspondence: FOI release

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

Information requested

All internal and external correspondence from August 2017 to 14 March 2022 among civil servants, special advisers and ministers (and outside organisations where appropriate) including emails and letters, on plans to set up a state energy company in Scotland.


I attach a copy of some of the information you requested.

Most of the information you have requested is available from a previous FOI published online on 8 November 2021 at Information regarding publicly owned energy company: FOI release - ( Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because an exemption under section 29 (1)(a) of FOISA applies to that information. This is because the information relates to information regarding policy information for the new National Public Energy Agency which is still under formation.

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. We recognise that there is some public interest in release because the new energy agency has a pivotal role to play in the current cost for living crisis. However, this is outweighed by the public interest as these policies are evolving with the current changes within the energy industry and we need to finalise these policies before confirming this to the public.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FOI - 202200287837 - Information Released - Annex


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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