- Date released: 12 November 2024
- Request Number: 202410004
- Release of information under: EIR
Information requested
Further to my email of 23rd September and having considered the following report, 'ONR Assessment Report External hazards proportionate reassessment of an application by Sizewell C Limited for a Nuclear Site Licence', to further understand the implications of future sea level rise, can ONR please supply the following documents referred to in Section 7 of said report:-
[23] SZC Ltd, “Additional support for extreme sea level characterisation at Sizewell C, Version
2.0,” 2022-NNB-D63, July 2022 (CM9 2024/5741).
[25] SZC Ltd, “ONR-SZC-21770N - Letter - FOR INFORMATION - Response to
Technical Queries 1, 2 & 3,” 22 January 2024 (CM9 2024/4423).
[26] SZC Ltd, “SZC Ltd. RI 10806 progress statement - e-mail,” 1 February 2024 (CM9 2024/6021).
Information released
We confirm that we hold the information you have requested. Please find the three documents specified in your request attached.
- Regulation 12(5)(c) EIR1 – Intellectual property
In relation to [23] SZC Ltd, “Additional support for extreme sea level characterisation at Sizewell C, Version 2.0,” 2022-NNB-D63, July 2022 (CM9 2024/5741), we have identified that section 4 of the report contains information and data that is the intellectual property of Sizewell B.
Regulation 12(5)(c) of the EIR sets out the circumstances where a public authority may refuse to disclose information to the extent that its disclosure would adversely affect intellectual property rights.
More information can be found in the following relevant guidance2 available on the Information Commissioner’s Office website.
As the information identified as the intellectual property of Sizewell B referred to above is contained in a Sizewell C produced report, we consider that this exception also applies.
Regulation 12(5)(f) EIR3 – Interests of the person who provided the information to the public authority
Regulation 12(5)(f) EIR sets out the circumstances where a public authority may refuse to disclose information to the extent that its disclosure would adversely affect the interests of the person providing the information. More information can be found in the following relevant guidance4 available on the Information Commissioner’s Office website.
As both Regulation 12(5)(c) and 12(5)(f) are qualified exceptions, we have therefore applied the public interest test as set out below.
Exemptions applied
r.12(5)(c), r.12(5)(f), r.13(1)
PIT (Public Interest Test) if applicable
Factors for disclosure (Regulations 12(5)(c) and 12(5)(f)):
- Regulation 12(2) of the EIR requires public authorities to apply a presumption in favour of disclosure;
- ONR is committed to being an open and transparent regulator. We will use openness and transparency to achieve our objective of developing and maintaining stakeholder trust in ONR as an effective independent regulator;
- The public have a vested interest in issues related to the nuclear industry, facilitating accountability and transparency; and,
- We recognise that there is considerable public interest relating to the location suitability of a proposed new nuclear site and how site-specific external hazards, such as sea levels, are considered in site suitability. This is particularly significant in the context of increasing public discourse and focus on climate change and its impact on weather patterns, flooding risks, and the environment.
Factors against disclosure (Regulation 12(5)(c)):
- Data and analysis provided by Sizewell B in relation to tide gauge observations is protected by Sizewell B’s own intellectual property rights under copyright and database rights;
- Sizewell B as the holder of those intellectual property rights would suffer harm if the data and analysis they have invested substantial effort in obtaining, verifying, presenting and maintaining were released. There is commercial and research value to the data and analysis, and disclosure would increase the risk of that information copyright being infringed given the information in question is not already widely disseminated;
- Disclosure of the information would result in Sizewell B no longer being able to rely on their intellectual property rights to control the use of their proprietary information and protect the integrity of the data they have produced; and,
- The data concerns ongoing research. If taken out of context release of Sizewell B’s intellectual property could damage business confidence and thereby cause harm to EDF, Sizewell B and Sizewell C’s commercial interests.
Factors against disclosure (Regulation 12(5)(f)):
- We understand that Sizewell B as the voluntary supplier of that information has not consented to the disclosure of its information. Disclosure of Sizewell B’s information may therefore harm the relationship between Sizewell B and Sizewell C, and undermine the ability and confidence of those parties to voluntarily share information in the future; and,
- It is in the public interest to maintain the voluntary supply of information to public authorities, which would be threatened as a result of the adverse effect to the interests of the third party. Disclosure of this information by ONR may in turn thus undermine ONR’s own ability to obtain voluntary information from either party in the future, which would adversely affect our functions as a regulator.
Conclusion
Having carefully considered the factors above in relation to the information in “Additional support for extreme sea level characterisation at Sizewell C, Version 2.0”, we have decided that the factors for non-disclosure outweigh the reasons for disclosure.
It is well known that a release under the EIR is considered to be a ‘release to the world at large’. The information and proprietary data set out in section 4 and referred to elsewhere in the report was voluntarily provided by Sizewell B to Sizewell C and in confidence; a consequence from an unrestricted release of the report would be likely to cause harm to Sizewell B as any other individual or party could successfully exploit or manipulate their protected material, and thus damage the commercial interests of the third parties involved.
It is also in the public interest to take into account any harmful effect on a public authority’s functions where that results from a reduction in the flow of voluntarily supplied information. We consider that great weight should be placed on this factor, and ensure ONR’s ability to receive information and intellectual property voluntarily from our stakeholders and those we regulate.
However, we recognise that there is strong public interest in the subject matters raised. To the strike the appropriate balance, we are therefore releasing the report with the proprietary data and information in section 4 withheld for the factors set out above.
Regulation 13(1) EIR – Personal data
Please also note that some information across the three documents has been withheld under Regulation 13(1) of the EIR. Regulation 13(1) of the EIRs exempts information from disclosure where the information is the personal data of someone other than you and the disclosure of that personal data would put us in breach of the principles of the Data Protection Act 2018 with which we are obliged to comply.
We have withheld the names, job titles, contact details, and signatures recorded in the documents we have released as we consider this information relates to the personal data of specific individuals working at EDF Energy, Sizewell C, and ONR who are not public facing and would not expect their details to be made public. Disclosure of this information would be in breach of the Data Protection Principle and, as such, is exempt from disclosure under Regulation 13(1) of the EIRs.
Further information
We note that some of the documents enclosed contain security markings however have been deemed appropriate to release in response to your request. As such, the security status on the documents become null and void once released under the EIR.