Horse Hill request for information

Ada Zaffina made this Freedom of Information request to Surrey County Council

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 successful.

Dear Surrey County Council,

I would like to request the following:

1. Copies of communications between SCC and Horse Hill Developments Limited (HHDL) or UK Oil & Gas Plc (UKOG) for periods: 1st March to 15 April and 1st June to 15 July 2018.

2. Dates of inspections, site visits and/or meetings with HHDL or UKOG since 1st March 2018, as well as corresponding notes, reports and/or minutes.

3. Dates and copies of notifications of activity on the well (including flow testing, well cleaning or stimulation and other operations) since 1st March 2018.

Yours faithfully,

Ada Zaffina

FOI/COR/SCC, Surrey County Council

Dear Ms Ada Zaffina
YOUR REQUEST REF NO. 19268 UNDER THE ENVIRONMENTAL REGULATIONS 2000

Thank you for your request for information received on 26 August 2018. Your request reference is as above.

We will respond to your request promptly and in any event within 20 working days from the date of receipt of your request. If you wish to contact me to discuss the progress of your request, please use the contact details given below and quote the reference number given above.

Your request as follows:

Dear Surrey County Council,

I would like to request the following:

1. Copies of communications between SCC and Horse Hill Developments Limited (HHDL) or UK Oil & Gas Plc (UKOG) for periods: 1st March to 15 April and 1st June to 15 July 2018.

2. Dates of inspections, site visits and/or meetings with HHDL or UKOG since 1st March 2018, as well as corresponding notes, reports and/or minutes.

3. Dates and copies of notifications of activity on the well (including flow testing, well cleaning or stimulation and other operations) since 1st March 2018.

Yours faithfully,

Ada Zaffina

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Stephanie King EI, Surrey County Council

Dear Ada Zaffina,

 

RE:  YOUR REQUEST 19268 UNDER THE ENVIRONMENTAL INFORMATION REGULATIONS

 

Thank you for your request for information, which was received on the 26
August 2018. Your request number 19268.

 

Please note that, following initial consideration, it is felt that further
information is required to enable us to identify and/or locate the
information you have.  This further information is as follows:

 

As part of your request part 1 ‘Copies of communications between SCC and
Horse Hill Developments Limited (HHDL) or UK Oil & Gas Plc (UKOG) for
periods: 1st March to 15 April and 1st June to 15 July 2018.’, please can
you clarify if this request includes communications between SCC and the
agent(s)  representing Horse Hill Developments Limited and UK Oil and Gas
Plc between the periods mentioned above.

 

Please let us have this information as soon as possible so that we can
give further consideration to your request.  The County Council will not
be obliged to deal with your request unless this further information is
provided.

 

If you wish to discuss any of the above, please contact me.  Please
remember to quote the reference number above in any future
communications. 

 

If you are unhappy with the handling of your request for information and
wish to make a complaint or request a review of our decision, in the first
instance you should contact the County Council, quoting your request
number given above, at:

 

Freedom of Information Officer

Surrey County Council

Legal Democratic & Cultural Services

County Hall

Penrhyn Road

Kingston upon Thames

Surrey

KT1 2DN

[Surrey County Council request email]

 

If you are not satisfied by the County Council’s response to your
complaint, you have the right to apply to the Information Commissioner for
a decision.  The Information Commissioner will normally expect you to have
exhausted our complaints procedure.  The Information Commissioner can be
contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Yours sincerely

 

Stephanie King

Planning Officer

 

T: 020 8541 9525

E: [1][email address]

 

Room 385 | County Hall | Kingston upon Thames | KT1 2DN

 

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References

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1. mailto:[email address]

Dear Stephanie King EI,

Thank you for your note. I tried to call you yesterday to clarify, but could not get hold of you.

To clarify my request, the query quoted below includes communications with the agents and any contractors working on behalf of HHDL or UKOG.

"Copies of communications between SCC and Horse Hill Developments Limited (HHDL) or UK Oil & Gas Plc (UKOG) for periods: 1st March to 15 April and 1st June to 15 July 2018."

Thank you for your consideration. This request is of urgent nature. Is it possible to expedite it?

Yours sincerely,

Ada Zaffina

Dear Stephanie King EI,

The answer to my questions is now overdue.

Can you please provide an answer to my questions today.

Yours sincerely,

Ada Zaffina

Stephanie King EI, Surrey County Council

Dear Ada Zaffrina,

RE: YOUR REQUEST 19268 UNDER THE ENVIRONMENTAL INFORMATION REGULATIONS 2004

Thank you for providing the further information that we asked for in connection with your request. This was received on the 15 September 2018. Please note that it is this date which is the date of receipt of your request for the purposes of the above mentioned Act.

We will respond to your request promptly and in any event within 20 working days of the date of receipt of your request. Please do not hesitate to contact me at the above address if you have any queries regarding this letter.

Yours sincerely,
Stephanie King
Planning Officer

T: 020 8541 9525
E: [email address]

Room 390 | County Hall | Kingston upon Thames | KT1 2DN

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Stephanie King EI, Surrey County Council

Dear Ada Zaffina,

Please see my update response to your clarification of request 19268.

I apologise for not informing you of this sooner, I was out of office last week.

The response due date is now 12 October 2018.

Kind regards,
Stephanie King
Planning Officer

T: 020 8541 9525
E: [email address]

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Dear Stephanie King EI,

Thank you for your reply; however, I understand that the correct procedure of dealing with FOIs is that when clarification is requested by the addressee of the request, the request is put on hold, and when the clarification is received, the time continues to run from the original date of the request.

In this case, I took 1 day to respond, therefore the request was due yesterday and is now overdue.

Yours sincerely,

Ada Zaffina

Stephanie King EI, Surrey County Council

Dear Ada Zaffrina,

Thank you for your query.

To clarify, until a clear description of the information requested is receive, it is not a valid request. Once clarification is received, then the request becomes valid and the time period for responding commences.

I hope this helps.

Yours sincerely
Stephanie King

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Dear Stephanie King EI,

My request was very clear to begin with.

It was then expanded (not clarified) to include all contractors to UKOG/HHDL.

Can I please request an answer to my original request as soon as possible, and to the expanded version by the new deadline.

Yours sincerely,

Ada Zaffina

Stephanie King EI, Surrey County Council

4 Attachments

 

Dear Ada Zaffina,

 

RE:  YOUR REQUEST 19268 UNDER THE ENVIRONMENTAL INFORMATION REGULATIONS
2004

 

We have considered your request which was for:

 

1. Copies of communications between SCC and Horse Hill Developments
Limited (HHDL) or UK Oil & Gas Plc (UKOG) for periods: 1st March to 15
April and 1st June to 15 July 2018.

 

2. Dates of inspections, site visits and/or meetings with HHDL or UKOG
since 1st March 2018, as well as corresponding notes, reports and/or
minutes.

 

3. Dates and copies of notifications of activity on the well  (including
flow testing, well cleaning or stimulation and other operations) since 1st
March 2018.

 

While the collation of information in response to the queries 1 and 2 is
still ongoing, response to query 3 is complete. Parts of the response to
query 2 are also complete.

 

I now enclose the following information:

 

2.       Two site visits were carried out by the Planning Enforcement;
Minerals, Waste and County Development Division from Surrey County Council
since 1 March 2018 on 24 April 2018 and 2 August 2018.

Please find attached the site visit reports from these site visits.

                                                                                                                                                                                    

3.       Please find attached the HHDL notification email and letter from
15 ^ June 2018. This is all the information held on dates and copies of
notifications of activity on the well  (including flow testing, well
cleaning or stimulation and other operations) since 1st March 2018.

 

We supply this information based on your original request. Please do not
hesitate to contact me at the above address if you have any queries
regarding the information enclosed.  Remember to quote the reference
number above in any future communications.

 

As the redacted information is personal information, it is exempt under
Regulation 13 of the Environmental Information Regulations 2004. 
Disclosure under the Regulations is deemed to be to the public at large. 
This information cannot be disclosed because its disclosure to a member of
the public would contravene one or more of the data protection principles
relating to the processing of personal information. They are set out in
Article 5 (1) of the General Data Protection Regulation and section 34(1)
of the Data Protection Act 2018.    As a public authority, Surrey County
Council must observe all of the data protection principles when processing
personal data. 

 

If you are unhappy with the handling of your request for information and
wish to make a complaint or request a review of our decision, in the first
instance you should contact the County Council, quoting your request
number given above, at:

 

Freedom of Information Officer

Surrey County Council

Legal Democratic & Cultural Services

County Hall

Penrhyn Road

Kingston upon Thames

Surrey

KT1 2DN

[Surrey County Council request email]

 

If you are not satisfied by the County Council’s response to your
complaint, you have the right to apply to the Information Commissioner for
a decision.  The Information Commissioner will normally expect you to have
exhausted our complaints procedure.  The Information Commissioner can be
contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Yours sincerely

 

Stephanie King

Planning Officer

 

T: 020 8541 9525

E: [1][email address]

 

Room 390 | County Hall | Kingston upon Thames | KT1 2DN

 

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References

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1. mailto:[email address]

Stephanie King EI, Surrey County Council

Dear Ada Zaffina,

Thank you for your query.

All the information held in response to your 3rd query and those completed parts I have in response to your 2nd query have now been sent to you. I am awaiting confirmation that this is all the information held with regards to query 2.

The information held in response to query 1 is still being collated, and I shall endeavour to send the information in parts so that you receive each piece as soon as possible, as you have requested below.

I will do my best to provide you with a full response to your request as soon as possible, and definitely by the 12 October 2018 deadline.

Once all the information has been provided in response to your request 19268, I shall also provide a full summary email for clarity.

Please do not hesitate to get in contact if you have any further queries, I trust this helps in the meantime.

Kind regards,
Stephanie King

-----Original Message-----
From: Ada Zaffina [mailto:[FOI #513052 email]]
Sent: 27 September 2018 12:47
To: Stephanie King EI <[email address]>
Subject: RE: YOUR REQUEST 19268 UNDER THE ENVIRONMENTAL INFORMATION REGULATIONS

Dear Stephanie King EI,

My request was very clear to begin with.

It was then expanded (not clarified) to include all contractors to UKOG/HHDL.

Can I please request an answer to my original request as soon as possible, and to the expanded version by the new deadline.

Yours sincerely,

Ada Zaffina

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Dear Stephanie King EI,

Thank you very much for the response. I will await the rest of the information.

Yours sincerely,

Ada Zaffina

Stephanie King EI, Surrey County Council

1 Attachment

Dear Ada Zaffina,

 

RE:  YOUR REQUEST 19268 UNDER THE ENVIRONMENTAL INFORMATION REGULATIONS
2004

 

We have considered your request which was for:

 

1. Copies of communications between SCC and Horse Hill Developments
Limited (HHDL) or UK Oil & Gas Plc (UKOG) for periods: 1st March to 15
April and 1st June to 15 July 2018.

 

2. Dates of inspections, site visits and/or meetings with HHDL or UKOG
since 1st March 2018, as well as corresponding notes, reports and/or
minutes.

 

3. Dates and copies of notifications of activity on the well  (including
flow testing, well cleaning or stimulation and other operations) since 1st
March 2018.

 

While the collation of information in response to the query 1 is still
ongoing, response to query 2 is complete.

 

I now enclose the following information:

 

2.       1 Email PDF attached detailing the organisation of a site visit
to Horse Hill on 23 ^ August 2018. There are no minutes, reports or notes
in relation to this site visit. This, along with the previous response
containing the two site visit reports for Horse Hill, is all the
information held in response to query 2.

 

We supply this information based on your original request. Please do not
hesitate to contact me at the above address if you have any queries
regarding the information enclosed.  Remember to quote the reference
number above in any future communications.

 

As the redacted information is personal information, it is exempt under
Regulation 13 of the Environmental Information Regulations 2004. 
Disclosure under the Regulations is deemed to be to the public at large. 
This information cannot be disclosed because its disclosure to a member of
the public would contravene one or more of the data protection principles
relating to the processing of personal information. They are set out in
Article 5 (1) of the General Data Protection Regulation and section 34(1)
of the Data Protection Act 2018. As a public authority, Surrey County
Council must observe all of the data protection principles when processing
personal data. 

 

If you are unhappy with the handling of your request for information and
wish to make a complaint or request a review of our decision, in the first
instance you should contact the County Council, quoting your request
number given above, at:

 

Freedom of Information Officer

Surrey County Council

Legal Democratic & Cultural Services

County Hall

Penrhyn Road

Kingston upon Thames

Surrey

KT1 2DN

[1][Surrey County Council request email]

 

If you are not satisfied by the County Council’s response to your
complaint, you have the right to apply to the Information Commissioner for
a decision.  The Information Commissioner will normally expect you to have
exhausted our complaints procedure.  The Information Commissioner can be
contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Yours sincerely

Stephanie King

Planning Officer

 

T: 020 8541 9525

E: [2][email address]

 

Room 390 | County Hall | Kingston upon Thames | KT1 2DN

 

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References

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1. mailto:[Surrey County Council request email]
2. mailto:[email address]

Stephanie King EI, Surrey County Council

Dear Ms Ada Zaffina

 

RE:  YOUR REQUEST 19268 UNDER THE ENVIRONMENTAL INFORMATION REGULATIONS 2004

 

Your request falls under the Environmental Information Regulations 2004 as
it is about environmental information and therefore we will be handling
your request in accordance with those Regulations.

 

We have considered your request which was for:

 

1.    Copies of communications between SCC and Horse Hill Developments
Limited (HHDL) or UK Oil & Gas Plc (UKOG) for periods: 1st March to 15
April and 1st June to 15 July 2018.

 

2.    Dates of inspections, site visits and/or meetings with HHDL or UKOG
since 1^st March 2018, as well as corresponding notes, reports and/or
minutes.

 

3.    Dates and copies of notifications of activity on the well 
(including flow testing, well cleaning or stimulation and other
operations) since 1st March 2018

 

A copy of the information which can be disclosed and is being supplied is
the following:

 

1.    One folder titled 19268 Communications. This contains two further
folders titled Emails and Attachments.

 

The Emails folder contains: the Email Index list, and 2 folders (1 March
to 15 April, and 1 June to 15 July). In both of these folders there is a
total of 30 emails. These are all the communications between SCC and Horse
Hill Developments Limited (HHDL) or UK Oil & Gas Plc (UKOG) for periods 1
March to 15 April and 1 June to 15 July 2018.

 

2.    One folder titled Inspections and site visits. This contains 3
further folders titled: Site Visit Reports, Site Visit Organisation Email,
and Bollard Inspection Emails.

 

The Site Visit Reports folder contains 2 site visit reports dated
26.04.2018 and 02.08.2018.

 

The Site Visit Organisation Email folder contains 1 email pdf detailing
the organisation of a site visit to Horse Hill on 23 August 2018. There
are no minutes, reports or notes in relation to this site visit.

 

The Bollard Inspections Email folder contains emails 27, 28, 29 and 30.
These emails reference a site visit that occurred on 27 June 2018. The
enforcement officer did not enter the site, however an inspection of the
bollards at one of the entrances was conducted. There were no minutes,
reports or notes in relation to this inspection.

 

To conclude in response to query 2, there have been 4 inspections/site
visits since 1 March 2018 on 26 April 2018, 27 June 2018, 2 August 2018,
and 23 August 2018. The emails and site visit reports in the folder
contain all the corresponding notes and reports from these visits.

 

3.    One folder titled Notifications. This contains the 15 June 2018 HHDL
notification email and letter. This is all the information held on dates
and copies of notifications of activity on the well (including flow
testing, well cleaning or stimulation and other operations) since 1st
March 2018.

 

We have redacted the names and contact details of third parties in the
copy correspondence being supplied.

 

As the redacted information is personal information, it is exempt under
Regulation 13 of the Environmental Information Regulations 2004. 
Disclosure under the Regulations is deemed to be to the public at large. 
This information cannot be disclosed because its disclosure to a member of
the public would contravene one or more of the data protection principles
relating to the processing of personal information. They are set out in
Article 5 (1) of the General Data Protection Regulation and section 34(1)
of the Data Protection Act 2018. As a public authority, Surrey County
Council must observe all of the data protection principles when processing
personal data. 

 

Due to the size of the information, it is not possible to send it as a
normal email. Therefore, it is being sent in a separate email as an egress
package, so that it can be downloaded from the cloud.

 

Please confirm when you have received it, and contact me if you have any
issues.

 

You are advised that the information attached is subject to copyright in
that it is owned by Surrey County Council and/or its contractor/s unless
otherwise stated. 

The supply of information under the Freedom of Information Act does not
give the recipient an automatic right to re-use those documents in a way
that would infringe copyright, for example, by making multiple copies,
publishing and issuing copies to the public.  You are free to use it for
your own purposes under the “fair dealing” provisions of the Copyright
Design and Patents Act 1998 (S.29 and S.30), which allows use for the
purposes of research for non-commercial purposes, private study,
criticism, review and news reporting.

 

Any other re-use would require the permission of the copyright holder. 
Details of the arrangements for reusing the material owned by Surrey
County Council and/or its contractor/s can be obtained by contacting the
Freedom of Information Officer on the address below.  Authorisation to
re-use copyright material not owned by Surrey County Council and/or its
contractors, should be sought from the copyright holders concerned. If in
doubt, you should contact the Freedom of Information Officer in the first
instance.

 

The remainder of the information that falls within the terms of your
request is exempt under Regulations 12 (5) (d) 12 (5) (e) and 12 (5) (f)
of the Environmental Information Regulations which exempts the authority
from disclosure of information to the extent that disclosure would
adversely affect

 

(d) the confidentiality of the proceedings of that or any other public
authority where such confidentiality is provided by law

 

(e) the confidentiality of commercial or industrial information where such
confidentiality is provided by law to protect a legitimate economic
interest

 

(f) the interests of the person who supplied the information where that
person –

 

(i)           was not under and could not have been put under any legal
obligation to supply it to that or any other public authority

(ii)          did not supply it in circumstances such that or any other
public authority is entitled apart from these Regulations to disclose it
and

(iii)          has not consented to its disclosure

 

The information you have requested relates to pre-planning application
advice relating to the proposed planning application sought by the
potential planning applicant.

 

The pre-planning process is considered to be proceedings where
confidentiality is provided by law.

 

Disclosure under the Regulations is deemed to be into the public domain
and therefore there is a strong possibility that the confidential
information supplied to the Council by the potential applicant as part of
the pre-application process could come into the hands of its competitors
and adversely affect its commercial interests.

 

The information was supplied to the Council in confidence on a voluntary
basis and the potential planning applicant has not consented to its
disclosure.  The Council is not obliged to disclose the information under
other legislation. 

 

The Council is required under the Regulations to consider whether in all
the circumstances of the case the public interest in maintaining the
exception outweighs the public interest in disclosing the information.

 

We considered the following factors which we have aggregated:

 

·         To ensure that there is transparency in the accountability of
public funds and assets

·         To create transparency about the advice provided by the council
to the developer on the planning aspects regarding any proposed
developments

·         To provide assurances of probity in planning decisions where
planning applications are subsequently submitted.

 

Factors against disclosure:

 

·         Disclosure of such advice would prejudice the planning process
as the potential planning applicant and other applicants would be less
likely to approach the Council for advice prior to making the planning
application and this could lead to the Council being involved in more
abortive work as a result of not being able to input into the process at
an early stage

·         The public interest with regard to the proposed development of
the land is be met by the public consultation that took place as part of
the planning process

·         Any planning advice/views regarding any actual application made
will be published by the local planning authority

·         Disclosure under the Regulations is deemed to be into the public
domain and therefore there is a strong possibility that the information
could come into the hands of its competitors and detrimentally affect its
commercial interests

 

The Council considers that the public interest in maintaining the
exemption outweighs the public interest in disclosure at this stage of the
planning process for the reasons given above.

 

We supply this information based on your original request. Please do not
hesitate to contact me at the above address if you have any queries
regarding the information enclosed.  Remember to quote the reference
number above in any future communications.

 

If you are unhappy with the handling of your request for information and
wish to make a complaint or request a review of our decision, in the first
instance you should contact the County Council, quoting your request
number given above, at:

 

Freedom of Information Officer

Surrey County Council

Legal & Democratic Services

County Hall

Penrhyn Road

Kingston upon Thames

Surrey

KT1 2DN

[Surrey County Council request email]

 

If you are not satisfied by the County Council’s response to your
complaint, you have the right to apply to the Information Commissioner for
a decision.  The Information Commissioner will normally expect you to have
exhausted our complaints procedure.  The Information Commissioner can be
contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Yours sincerely

 

Stephanie King

Planning Officer

 

T: 020 8541 9525

E: [1][email address]

 

Room 390 | County Hall | Kingston upon Thames | KT1 2DN

 

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1. mailto:[email address]

Stephanie King EI, Surrey County Council

A secure file has been sent to you using Egress Switch.

 

Visit
[1]https://reader.egress.com/remote.aspx/21...
to access it online.

 

You will need to create an Egress Switch ID and password. This takes
approximately 1 minute and will only be required once.

 

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Dear Stephanie King EI,

Further to our email correspondence, I would like to update this FOI request that I've not been able to retrieve the package.
Could you please check what the issue is?

Yours sincerely,

Ada Zaffina

Stephanie King EI, Surrey County Council

Good morning Ada Zaffina,

Thank you for your email.

I apologise for this inconvenience. I am looking into your query, and will provide you with an update on this issue by Friday 26 April.

Kind regards,
Stephanie

Stephanie King
Planning Officer
 
E: [email address]
County Hall | Penrhyn Road | Kingston upon Thames | KT1 2DN

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Stephanie King EI, Surrey County Council

Good morning Ada Zaffina,

Further to my email this morning, our records show that you have successfully accessed the package in the past.

Please could you provide further clarity on how you are trying to access the package to assist us with finding and resolving the issue.

Many thanks,
Stephanie

Stephanie King
Planning Officer
 
E: [email address]
County Hall | Penrhyn Road | Kingston upon Thames | KT1 2DN

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Dear Stephanie King EI,

Thank you for looking into this.

I'm sorry but I can't access the package and I never have.

I managed to log in, but the information is not there.

The message says: "Sorry, the package is not available for download. Please contact the package author for additional information."

Yours sincerely,

Ada Zaffina

Stephanie King EI, Surrey County Council

Good morning Ada Zaffina,

 

I have recreated and securely sent the egress package of the folder
containing all the documents in response to your request FOI 19268 under
the Environmental Information Regulations 2004 to you.

 

Visit
[1]https://reader.egress.com/remote.aspx/0d...
to access it online.

 

If you have not already created an Egress ID and password, then you will
need to do this to access it. This takes approximately 1 minute and will
only be required once.

 

Hopefully, you will now be able to access the folder. Please let me know
if there are any further issues with this.

 

Many thanks,
Stephanie

 

Stephanie King

Planning Officer

 

E: [2][email address]

County Hall | Penrhyn Road | Kingston upon Thames | KT1 2DN

 

 

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1. https://reader.egress.com/remote.aspx/0d...
2. mailto:[email address]

Dear Stephanie King EI,

Thank you very much for your help. I have now been able to retrieve the documents.

Yours sincerely,

Ada Zaffina