Hitachi response to Abellio East Midlands’ representations (redacted) – 27 August 2020
| Date | 27 January 2020 |
| Section | Depot access applications and decisions |
1
Our reference: HRE-ORR-0001
27 August 2020
James Osborn
Executive, Access and Licensing
Office of Rail and Road
25 Cabot Square
London
EC14 4QZ
Dear James
APPLICATION BY HITACHI RAIL LIMITED UNDER SECTION 17 OF THE RAILWAYS ACT 1993
Thank you for your letter of 20 August 2020 enclosing a copy of Abellio East Midlands Limited’s
(“AEM”) representations dated 18 August 2020 (“the DFO Response”) and inviting Hitachi Rail Limited
(‘Hitachi Rail’) to provide any comments it may wish to make in respect of the DFO Response.
Accordingly, we have set out below our comments on the DFO Response. Where comments have been
provided we have addressed these under the relevant paragraph heading set out in the DFO Response
(which itself is structured to follow the format and order of Hitachi Rail’s section 17 application):
Section 2.1 Tittle of proposed contract or amendment
Section 2.1 should now read: “Proposed Depot Access Agreement (non-TOC Beneficiary)
between Hitachi Rail Limited (Beneficiary) and Abellio East Midlands Limited (Depot Facility
Owner) for access to and light maintenance services at Leeds Neville Hill Depot (the “Proposed
DAA”) to commence at 00:00 on 18 October 2020.”
A fixed term Depot Access Agreement was entered into between Hitachi Rail and AEM on 18
August 2019 and was originally due to expire on 31 March 2020. The fixed term Depot Access
Agreement was entered into to allow time for furth er commercial discussions and, if such
commercial agreement could not be reached, to allow time for a determination by the Office
of Rail and Road in accordance with section 17 of the Railways Act 1993.
Hitachi Rail and AEM have subsequently agreed to extend the fixed term Depot Access
Agreement on two occasions (first to 30 May 2020 and then to 17 October 2020 to
accommodate AEM’s request to delay their response to Hitachi Rail’s section 17 application
from 6 April to 3 August 2020).
The fixed term Depot Access Agreement will expire at 23.59 on 17 October 2020.
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