Office of Gas and Electricity Markets (Ofgem)

The complainant has requested information from Ofgem regarding an  investigation it conducted into Drax. Ofgem refused to provide the information, applying regulations 12(5)(b)(course of justice), 12(5)(d)(confidentiality of proceedings) and 12(5)(e)(confidentiality of commercial or industrial information) of the EIR. It also explained that it did not hold some information (regulation 12(4)(a)). The Commissioner’s decision is that Ofgem applied regulation 12(5(b) of the EIR correctly and that the public interest favours maintaining the exception. The Commissioner does not require further steps.