ORR further disclosure issues
| Date | 07 July 2015 |
| Section | Regulation 29 appeal by DBS for access and services at Freightliner Southampton Maritime Terminal |
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Stewart Smith
Industry Contracts Manager
DB Schenker Rail (UK) Limited
c/o Westbury Down Yard Offices
Station Approach
Westbury
BA13 4HP
Lindsay Durham
Freightliner Limited
3rd Floor, The Podium
1 Eversholt Street
London
NW1 2FL
7 July 2015
Dear Stewart and Lindsay
Appeal by DBS for access and services at Southampton Maritime
Freightliner Terminal, Southampton: disclosure and further
representations
1. On 25 June 2015 Rob Plaskitt wrote to you both about our proposal to disclose
Freightliner Ltd’s track occupation chart. We subsequently received replies from
both of you, copies attached. This letter outlines how this appeal will be taken
forward.
The further representations
2. DB Schenker Rail (UK) Ltd (DBS) wrote to us on 1 July 2015 confirming that it
was content with ORR’s proposed approach and looking forward to receiving the
additional information.
3. Freightliner’s letter dated 1 July 2015 agreed that operations were viewable from
the public road but argued it would be difficult to have the same understanding of
the Maritime Terminal’s workings without the detail provided in Appendix 5 (the
track occupation chart).
4. Freightliner provided a further version of the track occupation chart showing
much of the information but not all the detailed workings. Freightliner said the
redacted information has a commercial value which has taken years to build up. It
requested that we disclose the redacted version to DBS.
ORR’s assessment
5. As set out in Rob Plaskitt’s letter, ORR was minded to disclose to DBS the track
occupation chart provided by Freightliner. There is a balance to be struck
between what should be disclosed in the interests of fairness and transparency;
and the protection of commercially sensitive information.
6. We have reviewed the redacted version provided by Freightliner. Some detail
about shunting movements has been taken out. It does however still show
planned track occupancy over a 36 hour period. We consider that this should be
sufficient for DBS to be able to make its representations, when considered
alongside the information already provided.
Bill Hammill
Manager Track Access
Telephone 020 7282 2088
E-mail: Bill.Hammill@orr.gsi.gov.uk
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