ORR Initial consideration
| Date | 04 February 2015 |
| Section | Regulation 29 appeal by DBS for access and services at Freightliner Southampton Maritime Terminal |
Lindsay Durham
Head of Rail Strategy
Freightliner Group Ltd
3rd
Floor The Podium
1 Eversholt Street
London
NW1
2FL
~~~
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APPEAL UNDER REGULATION 29 OF THE RAILWAYS
INFRASTRUCTURE (ACCESS AND MANAGEMENT) REGULATIONS
2005 FOR ACCESS AND SERVICES AT SOUTHAMPTON MARITIME
FREIGHTLINER TERMINAL
1.
Thank you for your letter of 4 February 2015 setting out your response to the
Regulation 29 appeal made by
DB
Schenker ("DBS/the applicant").
2.
We note that
in
your letter you stated that your response contains a significant
volume of confidential and business sensitive information and consequently the
provision of such information
to
DBS would "seriously and prejudicially affect the
interests
of
Freightliner'. You have therefore requested that DBS are only
· provided with a non-confidential version of your response, which you have
provided.
3.
This letter sets out our initial consideration of your request for redactions within
the legal framework
of
a Regulation
29
appeal and the procedures we intend
to
adopt
in
order
to
determine whether to permit
red
actions
on
the grounds of
confidentiality etc.
4.
I will first summarise our position and then set out the context
in
more detail.
/
Summary
5.
Our starting principle
is
that there should
be
as full disclosure as possible
between the parties
to
an
appeal of all information provided
in
connection
therewith. The Office of Rail Regulation
1 will , therefore, disclose information to
the parties, whether confidential or not, where:
a.
the information relates to the issue under appeal;
b.
it
is
fair and proper for a party to be given the opportunity to see and
comment
on
that information
in
connection with the appeal; and
1
Since
1 April 2015 we are now called the Office
of
Rail
and
Road
although our legal name remains the Office
Rail
Regulation,
see
http://orr.gov
.uk/about-orr.
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