Jurisdiction decision letter
| Date | 21 May 2010 |
| Section | DBS Regulation 29 appeal regarding access to the Port of Felixstowe |
Paul McMahon
Deputy Director, Railway Markets
and
Economics
OFFICE OF
RAIL
REGULATION
Telephone: 020 7282 2095
Fax: 020 7282 2118
Email: kara.johnson@orr.gsLgov.uk
21
May
2010
Stephen Brodie Stewart Smith
Project Manager - Port Development Industry Contracts Manager
Hutchison Ports (UK) Limited DB Schenker Rail (UK) Limited
Tomline House clo Traincrew Offices
The Dock Station Approach
Felixstowe Westbury
Suffolk Wiltshire
IP11 3SY
BA134HP
Oear Stephen and Stewart
APPEAL UNDER REGULATION 29 OF THE RAILWAYS
INFRASTRUCTURE (ACCESS AND MANAGEMENT) REGULATIONS 2005
-ACCESS TO THE PORT OF FELlXSTOWE WHERE FELlXSTOWE DOCK
AND RAILWAY COMPANY IS THE SERVICE PROVIDER
1. This is the decision of the Office of Rail Regulation ("ORR") regarding our
jurisdiction to hear an appeal made by OB Schenker ("OBS") on 22 January 2010
under regulation 29 of the Railways Infrastructure (Access and Management)
Regulations 20051 (the "Regulations").
2. OBS has appealed to ORR because it is aggrieved in relation to various matters
relating to its access to Felixstowe port and terminal. Briefly, those matters are that
the facility owner and service provider, Felixstowe Oock and Railway Company
("FORC"), has not been consistent in the capacity allocation schemes it has applied,
and has refused to allocate the next path (which OBS claims to have identified)
directly to OBS. OBS also contends that FORC's charging schemes appear to be
discriminatory between the rival freight operators using the port, and are not
transparent.
3. FORC has challenged our jurisdiction to hear this appeal. A brief summary of the
grounds of FORC's challenge is set out below. This challenge has been raised in
correspondence, and we have considered it appropriate to meet with the parties to
give them both an opportunity to make oral representations on the matter. FORC
1 http://www.rail-reg.gov.uk/upload/pdf/SI3049 A-MReg05.pdf
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Head Office:
One
I<emble
Street, London
WC28
4AN
T:020 7282 2000
F:
020 7282 2040 www.rail-reg.gov.uk
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