10 Oct 2025
Energy giant Scottish Power Energy Networks (SPEN) has been accused of a “systematic policy of obstruction” after the Information Commissioner (ICO) ruled it had breached three environmental transparency regulations and tried to “obfuscate” concerns about a major power connection.
SPEN, the Scottish Power subsidiary which owns and operates the electricity transmission and distribution network in Central and Southern Scotland, had been asked by a member of the Action Against Pylons campaign for information relating to SPEN’s proposal for a new 58-mile overhead power line from Lauder to Newcastleton, described as a Cross Border Connection.
Although SPEN did respond to the request, the ICO found it had not fulfilled its duty to make environmental information available, and breached two other regulations on refusal to disclose information, and on its response to representations.
Edward Kellow, chair of Action Against Pylons, said: “These breaches of law are not down to single human error. This is indicative of a systematic policy of obstructing the public’s right to information. If SPEN is not transparent and does not act lawfully in the formal setting of these EIRs [Environmental Information Regulations] the public can have no confidence that they are acting lawfully in their wider engagements.”
Rory Steel, chair of Lauderdale Preservation Group, added: “SPEN hopes to transform the Scottish Borders from an ancient rural landscape to one of sprawling light industry with powerlines, substations, giant battery farms, windfarms and solar installations. Following this damning judgement by the ICO, we hope that SPEN will now be honest and transparent in their dealings with the communities potentially affected.
“Although SPEN tries to ‘salami slice’ all their applications to hide the true impact of their developments, the Cross Border Connection is critical to all the renewable applications in across Lauderdale, Lammermuir and Moorfoot Hills. It is therefore vital that we understand how their decisions were taken and what factors were considered when determining the route.”
The ICO ruling singled out requests relating to Haningshaws in Yarrowford, asking for information behind the selection of a route close to a garden and designed landscape. SPEN argued there was no information because Hangingshaw was not a designated Garden & Designed Landscape, which the ICO described as “insufficient” and “against the spirit of the Environmental Information Regulations which is to provide the public access to environmental information.”
“Not only does it fail to confirm or deny whether any relevant information is held, which it likely is, the public authority [SPEN] appear to be trying to obfuscate the issue,” the ICO said.
SPEN’s delays and poor handling showed a lack of basic understanding of EIR duties. The ICO has urged SPEN to review official guidance on how to handle EIR requests properly.
The ICO stated: “The Commissioner notes that the public authority’s handling of this request has failed to get a lot of the basics right. He recommends it reviews his guidance on how to handle an EIR request.”
The ICO has requested that SPEN redo the entire request from the start, properly complying with the regulations, which includes confirming whether information is held and disclose it, and justify any refusal with a valid exception and public interest reasoning, within 30 days. If SPEN does not comply, the matter may be referred to the High Court and treated as contempt of court.