Board papers - regarding Energy Transition

Summary

A request was made for Manx Utilities Authority board papers regarding energy transition and renewable energy proposals from 2019 to the present. The authority released some documents and website reports but redacted specific details concerning costs, timelines, and procurement strategies under commercial interest exemptions.

Key Facts

• The request covered board papers on the energy transition programme, Cair Vie wind farm, and other renewable proposals.
• The specified timeframe for the request was 1 January 2019 to the present date.
• Some information was previously disclosed under FOI reference 3264202.
• Redactions were applied to protect tender processes and commercial interests.
• The authority cited that disclosure could bias future tenders and increase costs for customers and taxpayers.

Data Disclosed

• 1 January 2019
• 13 May 2025
• 5 June 2025
• 27 June 2025
• 1 July 2025
• FOI 3264202
• MU2347
• January 2023
• September 2023
• 2024

Exemptions Cited

• Section 20 - Information already reasonably accessible
• Section 30 - Economy and commercial interest
• Section 35 - Conduct of Public Business

Original Request

Please supply copies of Board papers which refer to the energy transition programme, Cair Vie wind farm or any other onshore or offshore renewable energy proposals. Time-frame clarified as 1 January 2019 to the present date (inclusive).

Data Tables (1)

Full Response Text

Manx Utilities PO Box 177, Douglas Isle of Man, IM99 1PS

e: enquiries@manxutilities.im t: 01624 687687 www.manxutilities.im

Our ref: 4651841 27 June 2025

Dear ###

We write further to your request which was received on 13 May 2025 and which states:

“please supply copies of Board papers which refer to the energy transition programme, Cair Vie wind farm or any other onshore or offshore renewable energy proposals”

From our clarification request the required ‘timescale’ was determined on 5 June 2025, as 1 January 2019.

Please find enclosed the information requested. While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide some of the information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee.

Some of the information you have requested has been made available under FOI 3264202 however, for completeness on this response, please find the following: • extractions from Manx Utilities’ Board papers, shown in Appendix One • an updated Business Case, reference MU2347, (previous version provided under FOI 3264202), shown in Appendix Two • up-to-date reports that are already accessible on our website: a. Isle of Man Onshore Renewables Project, January 2023 - 2023- procurement-report-isle-of-man-onshore-renewables-project- redacted.pdf b. Gemserv report on The Impact of Decarbonisation: Isle of Man Electricity Grid, 2024 update - https://www.manxutilities.im/media/3157/the-impact-of- decarbonisation-update-gemserv-and-manx-utilities-25_07_2024.pdf c. Proposed Onshore Windfarm Feasibility Assessment, September 2023 - https://www.manxutilities.im/media/2750/phase-1-report-onshore- windfarm-feasibility-assessment.pdf

Some of the information contained in the supplied records are exempt from disclosure to you. Redaction has been applied where the following exemptions, allowed under the Act, have been assessed and engaged; • Section 30 – Economy and commercial interest • Section 35 – Conduct of Public Business Section 30 – Economy and commercial interest (Qualified exemption)

30(1)(a)&(b) – the economic and financial interest of the island The costs, project timelines and milestones within the information supplied would be adversely affected should these be disclosed, they would bias any future tender process and affect project costs and the financial position of Manx Utilities.

The most appropriate financial outcome for Manx Utilities ultimately is to protect the efficient administration of government finances and minimising the cost to both its customers and tax players. Inability to achieve this is likely to be of detriment to Island residents, any additional costs would have to be passed on to the end user or taxpayers and delays would jeopardise the delivery of onshore renewable energy which is part of the Island Plan.

30(2) (b) – commercial interests Manx Utilities is at a relatively early stage of the onshore renewable project and are about to embark on related tender and procurement exercises. If the bidding or tendering process is compromised in any way or is perceived by bidders or tenderers to have been, compromised there would be significant damage to Manx Utilities reputation and trust in the commercial process outlined.

Manx Utilities routinely issues fair, open, and transparent tenders for work and projects required to conduct its undertaking and discharge its legal obligations. It is important that these tenders be completed in a fair, open and transparent process. This ensures Manx Utilities can discharge its obligations and conduct its undertaking in the most efficient manner on behalf of its customers and taxpayers. Disclosure of this information will make commercially sensitive information available to potential participants within the tender process offering them a commercial advantage

In respect of the qualified exemptions applied under section 30(1)(a)(b) & 30(2)(b) they are subject to the public interest test. The public interest must be something that is of serious concern and benefit to the public at large and not merely something of individual interest.

Factors in favour of disclosing the information include: • There is a legitimate public interest and disclosure would allow scrutiny of project costs and detail what public money has been budgeted within the project areas and allow the public to hold decision makers to account for their stewardship of public funds. • Disclosure of the highlighted information will promote wider public understanding and promote debate. • Disclosure would allow scrutiny of Manx Utilities’ proposed use of public funds, that it is used effectively and is producing value for money. • Disclosure would build trust, transparency and enhance reputation of the Authority, other involved Government departments.

Factors in favour of withholding/maintaining the exemptions include: • The underlying purpose of these exemptions as applied are to protect the economy, and all parties commercial interest. • Disclosure of the detail could result in economic and financial instability for Manx Utilities and its customers, and Isle of Man Government and its taxpayers. It would affect Manx Utilities’ finances over a significant period in

capital and repayment costs and the effect on revenues. This will cause instability in the Manx Utilities’ finances and the economy more widely. • Making commercially sensitive information available to potential participants within the tender process will offer a commercial advantage. This would undermine reputation and trust. Disclosure would therefore affect the success of a fair, open and transparent tendering/bidding process which is required to achieve best value of public funds.
• Disclosure would affect the tender process by deterring future tender participants who consider the highlighted information costs, budgets and timelines as unachievable for their organisation and so prohibits participation. • Manx Utilities are in early stages of the onshore renewable programme, at this immediate strategic point the commercial sensitivity associated with the tendering processes outweigh public interest, given that and the detail will ultimately reside in the public domain, at which point, it will be open to public scrutiny.

In assessing the weight to be attributed to each aspect of these factors, Manx Utilities determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. Manx Utilities concludes that the risk of harm from disclosure outweighs any benefit that could be gained by the general public as a result of the detailed information being disclosed at this point.

Section 35(C) – Conduct of public business (Qualified exemption)
A disclosure under the Act is deemed as a disclosure to the world rather than a disclosure to an individual requestor, and as such the information is uncontrollable once published. The costs, project timelines, and milestones redacted within the information are estimated or projected and could impair the effective conduct of public business ability in its decision making within the context of delivering this publicly owned project at best value to Manx Utilities, its customers, and taxpayers

Manx Utilities needs to protect a ‘safe space’ in which to consider, deliberate, and debate the decision-making process, and due process with important information safeguarded, not biased and ensure correct governance prevails. This will enable Manx Utilities to meet its wider objectives within the Island Plan, the Energy Strategy, and the Climate Plan 2022-27 to deliver onshore renewable electricity within this ‘safe space’.

Disclosure of the redacted information would affect other Isle of Man Government bodies and departments affecting timelines for funding, surveys, and planning applications.

As section 35 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosing the information include: • To promote public transparency and confidence of decision making within Manx Utilities in the delivery of this major renewable Project and will allow full scrutiny of the actions of Manx Utilities and be held account for decision making, and the reasons for such decisions.

• There is a significant Public Interest in the costs, timelines, due process and milestones for this project. • Disclosure could assist in dispelling rumours or clarify any misinformation, whilst improving the understanding and increase trust in the Manx Utilities.
• This is a matter of national strategic importance, and such disclosure of matters such as costs, timelines and milestones would inform public debate.

Factors in favour of withholding/maintaining the exemptions include: • To promote public transparency and confidence of decision making within Manx Utilities in the delivery of this major renewable Project and will allow full scrutiny of the actions of Manx Utilities and be held account for decision making, and the reasons for such decisions. • There is a significant Public Interest in the costs, timelines, due process and milestones for this project. • Disclosure could assist in dispelling rumours or clarify any misinformation, whilst improving the understanding and increase trust in the Manx Utilities.
• This is a matter of national strategic importance, and such disclosure of matters such as costs, timelines and milestones would inform public debate.

In assessing the weight to be attributed to each aspect of these factors, Manx Utilities determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. Manx Utilities concludes that the risk of harm from disclosure outweighs any benefit that could be gained by the general public as a result of the detailed information being disclosed at this point.

Please quote the reference number 4651841 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

FOI Co-Ordinator