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Document
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PO-1740
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File #
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PA-990092-1
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Institution/HIC
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Ontario Hydro
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Summary
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NATURE OF THE APPEAL: The appellant represents an environmental organization whose objectives include raising public awareness about nuclear issues and energy alternatives. She submitted a request to Ontario Hydro (Hydro) under the Freedom of Information and Protection of Privacy Act (the Act ) for access to a copy of the "Electricity Supply Adequacy Review" (the ESAR) as well as all documents prepared for the Ontario Hydro Board of Directors relating to the review. The appellant advised that the review was referred to in the cover story of the November 1998 issue of Nuclear Update , published by Ontario Hydro Nuclear. Hydro identified four records responsive to the request, and provided partial access to them. Access to the remaining information was denied on the basis of sections 18(1)(a) (valuable government information) and 18(1)(c) (economic and other interests) of the Act . In appealing the denial of access, the appellant states that it is in the public interest that an independent review be undertaken of the Hydro electricity demand forecast and its business case for the proposed restart of the Pickering A nuclear generating station prior to the decision being made by Hydro or its successor, Ontario Power Generation Inc. (OPG). The appellant adds that the basic economic information from the ESAR is necessary to determine if Hydro/OPG really need to restart the Pickering A nuclear station. In this regard, the appellant raised the application of section 23 of the Act , the so-called public interest override. This office provided the appellant and Hydro with a copy of the Notice of Inquiry inviting their representations. Submissions were received from both parties. The appellant also indicated her wish to rely on the submissions which accompanied her original appeal to this office. RECORDS: The records identified by Hydro as responsive to the request are listed below. The information at issue consists of those parts of each record which were withheld from disclosure, and is listed below the record description. Record 1: Ontario Hydro Board of Directors Memorandum, entitled "Electricity Supply Adequacy Review and Strategy for the Restart of Pickering NGS 'A'", dated October 7, 1998. Information at issue is contained in the last three pages of this four page record. Record 2: Presentation to Ontario Hydro Board of Directors, entitled "Electricity Supply Adequacy Review and Strategy for Restart of Pickering A", dated October 7, 1998. Information at issue is contained in pages 4-7 of this record. Record 3: Presentation to Ontario Hydro Board of Directors, entitled "Pickering A Restart Strategy" dated October 7, 1998. Information at issue is contained in pages 3, 4, 11 and 12 of this record. Record 4: Working Draft entitled "Electricity Supply Adequacy Review" dated October 1998. Pages 7 to 36 of this record were withheld in full and these pages in their entirety are at issue. DISCUSSION: VALUABLE GOVERNMENT INFORMATION Section 18(1)(a) of the Act states that: A head may refuse to disclose a record that contains, trade secrets or financial, commercial, scientific or technical information that belongs to the Government of Ontario or an institution and has monetary value or potential monetary value; In Order 87, former Commissioner Sidney B. Linden held that: In order to qualify for exemption under subsection 18(1)(a), the head must establish that the information: is a trade secret, or financial, commercial, scientific or technical information; and belongs to the Government of Ontario or an institution; and has monetary value or potential monetary value. The submissions of the appellant address primarily the "public interest override" issue in section 23, rather than the application of the exemptions claimed to the records. In response to the questions posed in the Notice of Inquiry pertaining to the application of section 18(1) to the records, the appellant states that: The economic information about Pickering A and Pickering B would be disclosed in isolation from the totality of Ontario Hydro/Ontario Power Generation cost estimates. This means that the overall confidentiality of their cost estimates and figures would still be protected. Hydro submits that the records: comprise Ontario Hydro's assessment of the demand for electricity in Ontario and a financial analysis of meeting that demand through various options. In its initial response to this request, Ontario Hydro released its estimate of electricity demand in Ontario and its forecast growth over the coming years, but has withheld its financial analysis of the various options in meeting the forecast demand. [It] submits that the information which has been withheld is financial and commercial information, it belongs to Ontario Hydro and it has monetary value. It goes on to add that: The information has value since a financial analysis of the various options for meeting a demand for a product is a fundamental element of a business decision made by a company to enter a market for any product. With the opening of the electricity market to competition, ... a numb
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Legislation
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FIPPA
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18(1)(a)
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Section 23
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Subject Index
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Signed by
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Donald Hale
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Published
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Jan 13, 2000
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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