Financial resilience test on a PEDL holder to permit hydraulic fracking and PL080/KM8

Benjamin Dean made this Freedom of Information request to Department for Business, Energy and Industrial Strategy

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Department for Business, Energy and Industrial Strategy,

Please treat this email as a request under the Environmental Information Regulations 2004, alternatively the Freedom of Information Act 2004.

In a written statement released on 25th January 2018 Greg Clark announced that as part of the process for the final consent to hydraulically frack the applicant will have to pass a 'financial resilience test' to confirm 'its ability to fund decommissioning costs'.

Please will you provide the criteria that an applicant is scored against to pass this financial resilience test.

I understand that the permission to hydraulically frack Third Energy UK Gas Limited KM8 well in PL080, Kirby Misperton, North Yorkshire will be issued on the 12th February 2018.

Please therefore provide a copy of the financial resilience assessment undertaken by the Infrastructure and Projects Authority that has permitted Third Energy UK Gas Limited to pass the financial resilience assessment test requirements. Please also provide copies of all supporting accounts and documentation provided by Third Energy UK Gas Limited in support of their application to pass the financial resilience test and be awarded consent to hydraulically frack KM8 well.

In the event that the supporting accounts and documentation are considered commercially sensitive I am happy to receive redacted copies. Further if redacted copies are withheld then please may I have a list of all the accounts and documentation supplied by Third Energy UK Gas Limited (or its consultants).

For clarification this FOI is seeking to allay public/community concern that the PL080 holder and operator/applicant, Third Energy UK Gas Limited to hydraulically frack KM8 well is on the basis of its accounts published by Companies House on the 1st February 2018 for the year to 31st December 2016 insolvent, without the support of its ultimate parent company Third Energy Holdings Limited (Barclays Bank PLC) and does not have the financial resources to decommission KM8.

I finally request that in your reply you confirm whether or not Third Energy Holdings Limited and/or Barclays Bank PLC have provided indemnities/guarantee's to cover the cost of decommissioning KM8 well.

Yours faithfully,

Benjamin Dean

BEIScorrespondence@beis.gov.uk on behalf of FOI Requests,

BEIS ref: FOI2018/03239

Dear Mr Dean

Thank you for your request for information which was received on 5th
February. Your request has been passed on to the appropriate official at
the Department for Business, Energy and Industrial Strategy (BEIS) to deal
with.

Your request is being considered under the terms of the Freedom of
Information Act 2000 and we will reply at the latest by 5th March.

If you have any queries about this email, please contact the Information
Rights Unit at BEIS. Please remember to quote the reference number above
in any future communications.

Kind regards,

Information Rights Unit

Information Rights Unit | Department for Business, Energy and Industrial
Strategy | 1 Victoria Street, London, SW1H 0ET | www.gov.uk/beis |
[email address] |

The Department for Business, Energy and Industrial Strategy (BEIS) is
making a difference by supporting sustained growth and higher skills
across the economy. BEIS: working together for growth

FOI Requests, Department for Business, Energy and Industrial Strategy

1 Attachment

Dear Mr Dean,

 

Please see the attached reply to your FOI request (FOI2018/03239).

 

If you have any queries, please contact the Information Rights Unit.

 

Please remember to quote the reference number above in any future
communications.

 

Kind regards,

 

Information Rights Unit

Department for Business, Energy and Industrial Strategy

1 Victoria Street

London

SW1H 0ET

Email: [1][BEIS request email]

 

References

Visible links
1. mailto:[BEIS request email]

Dear Department for Business, Energy and Industrial Strategy,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Business, Energy and Industrial Strategy's handling of my FOI request 'Financial resilience test on a PEDL holder to permit hydraulic fracking and PL080/KM8'.

I consider it inconceivable that BEIS Secretary of State announced in a Ministerial Statement on the 25 January 2018 that fracking applications would be subject to a new Financial Resilience Test to enable him to approve or refuse fracking sign off and the response to my request as to what criteria are applied to this Financial Resilience Test is "no information held".

To state the test is being undertaken by the Infrastructure Projects Authority ("IPA") and therefore BEIS hold no information is not good enough. The terms of reference for the IPA to undertake the Financial Resilience Test must have been agreed between BEIS and IPA or the Secretary of State who is to issue the final permission to authorize fracking and his department may have acted unlawfully and negligently.

Please as requested in my FOI will BEIS confirm the criteria for assessing the Financial Resilience Test for the final sign off for fracking.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/f...

Yours faithfully,

Benjamin Dean

BEIScorrespondence@beis.gov.uk on behalf of FOI Requests,

BEIS IR ref: IR2018/07004 Original FOI ref: FOI2018/03239

Dear Benjamin Dean

Thank you for your request for an internal review which was received on
14th March. Your request has been passed on to the appropriate official at
the Department for Business, Energy and Industrial Strategy (BEIS) to deal
with.

In line with the Information Commissioners guidance, internal reviews
should be responded to within 20 working days unless they are complex, in
which case a response should be sent within 40 working days. Please be
aware that this does not include weekends and bank holidays. The
Department aims to respond to requests for internal reviews as quickly as
possible. We hope to be in contact with you again shortly with a decision
on your request.

If you have any queries about this email, please contact the Information
Rights Unit at BEIS. Please remember to quote the reference number above
in any future communications.

Kind regards,
Information Rights Unit

Information Rights Unit | Department for Business, Energy and Industrial
Strategy | 1 Victoria Street, London, SW1H 0ET | www.gov.uk/beis |
[email address] |

The Department for Business, Energy and Industrial Strategy (BEIS) is
making a difference by supporting sustained growth and higher skills
across the economy. BEIS: working together for growth

FOI Requests, Department for Business, Energy and Industrial Strategy

Dear Mr Dean,

 

Thank you for your email of 14 March 2018, where you requested the
following information:

 

I am writing to request an internal review of Department for Business,
Energy and Industrial Strategy's  handling of my FOI request 'Financial
resilience test on a PEDL holder to permit hydraulic fracking and
PL080/KM8'.

 

…Please as requested in my FOI will BEIS confirm the criteria for
assessing the Financial Resilience Test for the final sign off for
fracking.

 

We can confirm that the Department holds information falling within the
terms of your request. However we need more time to consider your request.

 

Under the EIRs, we are required to respond to requests as soon as
possible, and in any case no later than 20 working days after receiving a
request. However, by regulation 7 the period of 20 working days may be
extended up to a total of 40 working days if we reasonably believe that
the complexity and volume of the information requested means that it is
impractical to comply with a request within the earlier period or to make
a decision to refuse to do so.

 

In respect of your request, we believe that regulation 7 applies.
Therefore, although we shall not be able to respond fully to your request
within the 20 working day period, we shall do so as soon as possible
within the extended period.

 

We hope to let you have a response by 15 May 2018.

 

Kind regards,

 

Information Rights Unit

Department for Business, Energy and Industrial Strategy

1 Victoria Street

London

SW1H 0ET

Email: [1][BEIS request email]

 

References

Visible links
1. mailto:[BEIS request email]

FOI Requests, Department for Business, Energy and Industrial Strategy

2 Attachments

Dear Mr Dean,

 

Please see the attached response to your request for an internal review
(IRFOI2018/07004).

 

If you have any queries, please contact the Information Rights Unit.

 

Please remember to quote the reference number above in any future
communications.

 

Kind regards,

 

Information Rights Unit

Department for Business, Energy and Industrial Strategy

1 Victoria Street

London

SW1H 0ET

Email: [1][BEIS request email]

 

References

Visible links
1. mailto:[BEIS request email]