A firm of solicitors and the Commission for Energy Regulation (FOI Act 2014)

On 8 February 2016, the CER notified the applicant that it was extending the period for considering the request given the number of records involved. It also stated that processing the request would require the examination and retrieval of such number of records as to cause a substantial and unreasonable interference with or disruption of work of its Markets Division. Furthermore, it stated that a fee for search and retrieval of the records would apply and it offered to assist the applicant to amend or limit the request to reduce or eliminate the charges likely to arise.

During the course of the review, Mr Christopher Flood of this Office informed the applicant of details of the CER's submission to this Office and of his view that its decision was justified. The applicant indicated that a formal decision was required.

I have decided, therefore, to conclude this review by way of a formal, binding decision. I have had regard in carrying out this review to the correspondence between the CER and the applicant as set out above. I have also had regard to the correspondence between this Office and both the CER and the applicant on the matter.

This review is concerned solely with the question of whether the CER was justified in refusing the applicant's request for certain information relating to the consultation paper published jointly by the CER and the Utility Regulator concerning the development of a market power mitigation strategy on the ground that responding to it would cause a substantial and unreasonable interference with or disruption of the work of its Markets Division.

Accordingly, I must now consider whether the CER was justified in deciding to refuse the amended request on the ground that granting the request would cause a substantial and unreasonable interference with, or disruption of, the work of its Markets Division.