Peterhead Carbon Capture Power Station documentation: EIR release

Information requested

All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, about the Peterhead Carbon capture project, from 1st September 2025 to 7th January 2026.

I am aware of a meeting between the Energy Consents Units and SSE or their representatives within this time period so would appreciate a full disclosure of materials related to that meeting.

Response

As the information you have 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.

Please find enclosed a copy of some of the information you requested, entitled Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested owing to the following exception(s):

- regulation 6(1)(b) of the EIRs (information already available)
- regulation 10(4)(a) of the EIRs (information not held)
- regulation 10(4)(e) of the EIRs (internal communications)
- regulation 11(2) of the EIRs (personal information)

You can view some of the information you have requested from the ECU portal (https://www.energyconsents.scot/Default.aspx). Using the search facility, enter the project code ECU00003433 and the published documentation associated with The Peterhead Low Carbon CCGT Power Station Project can be accessed. The tabs ‘Public Representations’, ‘Other’ and ‘Additional Information’ all contain some of the information that is dated within the timeframe of your request.

An exception under regulation 6(1)(b) of the EIRs (information already available) applies to some of the information requested because we do not have to give you information which is already publicly available and easily accessible to you in another form or format.

This 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, as the information is already publicly available.

An exception under regulation 10(4)(a) of the EIRs (information not held) applies to some of the information requested because we are not required to provide information that we do not have.

With regard to the meeting held between the Energy Consents Unit and SSE, while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested as there are no records held on the casefile of minutes of meetings. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.

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. While we recognise that there may be some public interest in this information, we cannot provide information which we do not hold. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

An exception under regulation 10(4)(e) of the EIRs (internal communication) applies to some of the information requested. In this case, the information relates to internal discussions between Ministers and officials concerning energy consenting decisions. There is a greater public interest in preserving the integrity of the decision-making process and ensuring that policies are properly considered and implemented. Disclosure at this stage would risk undermining the Government’s ability to conduct rigorous and candid internal deliberations. Ministers and officials must be able to explore all available options and assess their implications in a protected space, based on the best available advice. If such discussions were routinely disclosed, it could inhibit frank exchanges and compromise the quality of future decisions. This is particularly relevant in statutory consenting processes, where Ministers are required to reach impartial and legally sound decisions following full consultation. Protecting the confidentiality of internal communications in this context supports robust and fair decision-making, which ultimately serves the wider public interest. 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.

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 the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

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.

About FOI

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

EIR 202600500660 - Information released - Annex A

File type

PDF

File size

2.3 MB