National Energy System Operator (NESO)

The complainant has requested certain milestones in connection agreements for all renewable transmission connected projects in Scotland with a connection date of 2035 or earlier. National Energy System Operator (NESO) withheld the information under regulation 12(5)(e) of the EIR and subsequently advised that it also considered regulation 12(4)(b) was engaged. These exceptions concern commercial confidentiality and manifestly unreasonable requests, respectively. The Commissioner’s decision is that regulation 12(4)(b) of the EIR is engaged but that NESO didn’t comply with regulation 9(1), which concerns advice and assistance. The Commissioner requires NESO to take the following step to ensure compliance with the legislation: Suggest to the complainant how they might refine their request so that complying with it doesn’t cause a disproportionate burden. Alternatively, confirm that the request can’t be so refined.