Utility Regulator

The complainant requested information explaining the reasoning underpinning the Utility Regulator’s (“UR’s”) decision relating to small-scale generators, including internal communications, analysis, and the consideration of evidence. The UR disclosed some information but withheld a number of documents comprising of internal communications, contracts and analytical material under section 31 (law enforcement), section 36 (prejudice to public affairs), sections 42 (legal professional privilege) and section 43 (commercial information). The Commissioner considers the UR has correctly withheld the information it has applied sections 42 and 31 to but has incorrectly relied on section 43(2) to withhold the contracts and Power Purchase Agreements (PPAs). The Commissioner requires the UR to disclose the information it has withheld under section 43(2).