Outline Business Case and PFI Credit Information

The request was partially successful.

Dear Sir or Madam,

Please supply all information concerning the Authorities application for and the subsequent grant of PFI Credits in relation to the Authorities "Waste" Project.

This request should be taken to include, but not be limited to, a request for the following:

1. The Outline Business Case;
2. The Final Business Case;and
3. All communications with Defra regarding PFI Credit grant including confirmation from them of the grant and details of any conditions attached.

This request is made under the Freedom of Information Act and should be dealt with accordingly.

Yours faithfully,

L Lever

Sue Broughton, West Berkshire Council

I will be on leave from Thursday 12th February to Monday 23rd February.
Although staff will check my emails, please email [email address]
or [email address] with any complaints or Freedom of
Information requests.

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Pauline Phillips, West Berkshire Council

1 Attachment

Please see attached letter

Pauline Phillips - Information Assistant

Policy and Communication (CE Directorate), West Berkshire Council,
Council Offices, 2nd Floor, Market Street, Newbury Berks RG14 5LD
01635 519674 2674 (internal)

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Sue Broughton, West Berkshire Council

FoI/2009/55
Dear Mr Lever,
I have now identified and collated all these documents. There are a number
of them, and some are large so I am looking at putting them on the Council
website on our Disclosure Log. I understand from the Waste Services that
it is our intention to publish the documentation connected with the waste
contract over time. This essentially falls within the Freedom of
Information Act exemption under Section 22 (information intended for
future publication) but as I am hoping to put it on the website very
shortly (if I can, tomorrow) this should not discommode you.

The Final Business Case contains some information which we consider to be
exempt under the Section 43 exemption (commercial interests) and the
Section 36 exemption (prejudice to the effective conduct of public
affairs) or under the Environmental Information Regulations 2004
Regulation 12 (5) (d) confidentiality of the proceedings of that or any
other public authority where such confidentiality is provided by law; and
Regulation 12 (5) (e) the confidentiality of commercial or industrial
information where such confidentiality is provided by law to protect a
legitimate economic interest; and I will require a little more time to
review this with senior staff to determine the public interest in this
case. Unfortunately it is a long complex document. I hope to be able to
provide a substantive response on this and direct you to or supply the
document within 10 working days.

Yours sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [1][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

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Sue Broughton, West Berkshire Council

2 Attachments

FoI/2009/55

Dear Mr Lever,

I have now placed the majority of the documents relating to the PFI,
including the Outline Business Case, on our website. You can access these
through the Disclosure Log:

[1]http://www.westberks.gov.uk/index.aspx?a...

I have one more letter in respect of the PFI credits which has been
supplied as a tif - unfortunately I cannot put this on the website and am
hoping to obtain a pdf copy. I have attached the tif - I believe this
should open (I have tried a test email and it opened and was readable).
Please let me know if you have problems as I can supply a hard copy.

As advised in my earlier email, we are looking at the public interest in
respect of the remaining Full Business Case and I hope that we will be
able to supply this next week.

Yours sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [2][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

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Dear Sue Broughton,

Thank you for your message.

I look forward to receiving the Full Business Case in the next few days.

Yours sincerely,

Laurence Lever

Sue Broughton, West Berkshire Council

FoI/2009/55

Dear Mr Lever,
My apologies for the slight delay. I have now reviewed the FBC under
instruction from the Waste Services, but there are a few small redactions
which fall within the section 36 exemption. I am currently obtaining the
opinion of the qualified person (in this case it will be the Chief
Executive) and also confirming with the Waste Services staff that I have
understood their instructions in relation to other exempt material - there
is material which we consider to be exempt under S43 - prejudice to
commercial affairs, and some information submitted in confidence by the
contractor which we consider to be exempt under S41 - information
submitted in confidence.

I hope to be able to place the edited document on the website tomorrow,
together with the information on the application of the exemptions and
public interest test (where this applies).

Yours sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [1][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

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Sue Broughton, West Berkshire Council

FoI/2009/55

Dear Mr Lever,
I have now placed the Integrated Waste Management Contract Final Business
Case on the website and you will find it here:
[1]http://www.westberks.gov.uk/index.aspx?a...

We consider that some information is exempt and an explanation of the
exemptions is given in the annex attached to this page.

Some of the information in the Final Business Case appears to have been
separately supplied to the tenderers on a CD. I am tracking this down and
hope to include it separately on the website when found (if the
information is not exempt by virtue of its nature - it appears to be the
evaluation processes and scoring methods for the MWMS, ISOP and ITN).

If you are unhappy with the way your request has been handled, you may ask
for an internal review. You should contact David Lowe, Policy & Scrutiny
Manager, Policy & Communication, Council Offices, Market Street, Newbury
RG14 5LD if you wish to make a complaint. If you are not content with the
outcome of the internal review, you have the right to apply directly to
the Information Commissioner for a decision. The Information Commissioner
can be contacted at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

If you have any queries about this letter, please contact me.

Yours sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [2][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

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Dear Sue Broughton,

Given the time limits specified within the FOIA I am concerned that I have still not received a full and satisfactory answer to my request for information.

Please confirm when you expect to be able to have "located" and "reviewed" the information provided to tenders on a separate CD.

If this information is not provided within a satisfactory period I will be left with no other option but to request an internal review.

Yours sincerely,

Laurence Lever

Sue Broughton, West Berkshire Council

Dear Mr lever,
Thank you for your email. I am chasing this with the Waste Service and can
assure you that all the publishable information will be placed on our
website with the other contract data. Apologies for the delay - the
officer who dealt with this originally has left.

Yours sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [1][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

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Sue Broughton, West Berkshire Council

FoI/2009/55

Dear Mr Lever,

The remaining appendices, with the exception of Appendix 22, have now been
placed on the website. Please note that there are five versions of
Appendix 7. Some information has been withheld from Appendices 10-12 -
this is the scoring and weighting of the tender submissions, and an
explanation of the exemption can be found in the Annex. It has been agreed
that the remaining information within the appendices can be released.

[1]http://www.westberks.gov.uk/index.aspx?a...

The Project Agreement (App 22) will be published at a later date and falls
within the Freedom of Information exemption at S22 (information intended
for future publication) or the Environmental Information Regulations
exception at Regulation 12 (4) (d).

If you are unhappy with the way your request has been handled, you may ask
for an internal review. You should contact David Lowe, Policy & Scrutiny
Manager, Policy & Communication, Council Offices, Market Street, Newbury
RG14 5LD if you wish to make a complaint. If you are not content with the
outcome of the internal review, you have the right to apply directly to
the Information Commissioner for a decision. The Information Commissioner
can be contacted at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

If you have any queries about this letter, please contact me.

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [2][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

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