Request ID: FOI-2268-2223 Date published: 23 December 2022
You asked
can you please give me information about per kg price of hydrogen fuel you have been paying to run the hydrogen fueled Buses?
We answered
TfL Ref: FOI-2268-2223
Thank you for your request received by Transport for London (TfL) on 7th December 2022 asking for information about hydrogen fuelled buses.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“Can you please give me information about per kg price of hydrogen fuel you have been paying to run the hydrogen fueled Buses?”
I can confirm that we hold the information you require. However, I am afraid that this information is exempt from disclosure under section 43(2) of the Freedom of Information Act, the exemption that can apply where release of information would prejudice commercial interests. The rationale for this is explained below.
TfL is among the highest - if not the highest - consumer of hydrogen product for vehicles in the UK. Up to 60 additional hydrogen fuelled buses can still be acquired, thereby achieving significant economies of scale and cost per mile savings to TfL. The gas price was contracted for the first 20 buses over 10 years and modelled as part of the total pricing package, evaluated on a whole life cost basis. The contract and gas price would likely be renegotiated by TfL if the demand volumes increased. If the current supplier's price were non-competitive, TfL would have early termination options. Disclosure of the current price paid would have a detrimental effect on our negotiations for the price of the gas from any new supply chains.
Section 43(2) is a ‘qualified’ exemption, meaning its application is subject to consideration of the ‘Public Interest Test’ (to determine whether the overall balance of public interest rests in the exemption applying and the information being withheld, or in releasing the information in any event). We appreciate the need for openness and transparency in the operation of our business, and the fact you have requested the information is in itself an argument in favour of release. However, as a public body, largely funded through fares and grants from Government, TfL has duty to secure the best value for money when negotiating such contracts. In this instance we believe the overall balance of public interest rests in the exemption applying, to protect the public purse in any future negotiations for hydrogen prices.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
