- Date released
- 20 June 2023
- Request number
- 202304003
- Release of information under
- Freedom of Information Act 2000 (FOIA)
Information requested
Referring to ONR webpage https://www.onr.org.uk/advanced-nuclear-technologies/index.htm, would it be possible to obtain either a copy (preferred) or a summary of the of the advice provided by ONR to BEIS ‘on the level of confidence in seven AMR fission reactor designs being able to meet UK regulatory requirements in the future.’
Information released
We confirm that under s.1 of the FOIA we do hold the information in scope of your request, however this information has been withheld under s.43(2) of the FOIA. S.43(2) exempts information whose disclosure would, or would be likely to, prejudice the commercial interests of any legal person (an individual, a company, the public authority itself or any other legal entity).
As s.43(2) is a qualified exemption, we are required to balance the public interest between disclosure and non-disclosure. We have therefore applied the Public Interest Test, as set out below.
Exemptions applied
s.43
PIT (Public Interest Test) if applicable
Factors for disclosure
- ONR is committed to being an open and transparent regulator. We use openness and transparency to achieve our objective of developing and maintaining stakeholder trust in ONR as an effective independent regulator, and;
- Issues related to the nuclear industry are subject to close scrutiny and debate, there is a public interest in information related to nuclear activities and the release of such information.
Factors against disclosure
- These reports contain ONR's understanding of the seven novel reactor designs from over five years ago. These designs have moved on significantly since the time of publication. Release of this outdated information would be likely to detract from the Advanced Nuclear Technologies (ANTs) programme and the considerable developments made by the vendors on their technologies since then;
- ONR are aware that some of these vendors are participating in other competitive ANT programmes around the world which are at various stages of progress. Releasing outdated information would be likely to undermine vendors participating in these processes and would be likely to impact negatively on their commercial viability;
- Release of these documents would be likely to give vendor’s competitors an unfair market advantage in a highly specialist market; and
- ONR strongly believes that the release of this information, would be likely to prejudice our relationship with potential future licensees and could lead to a lack of confidence, reputational damage, and the diminishing of trust placed in us by not only a potential future licensees, but our existing licensees too.
Conclusion
ONR tries to be as open as possible when answering requests for information, however on this occasion we have decided that the substantive arguments for non-disclosure outweigh the reasons for disclosure for this information and the release of the information would be likely to prejudice the commercial interests of these vendors.
Whilst we appreciate that there is an expectation on ONR, as a public body, to be open and transparent about its activities, it is not believed that the interests of the public outweigh the prejudice that would be caused to these vendors should this information be released. Further guidance on the exemption can be found on the ICO’s website at the following link: s.43.