Representations of DB Schenker
| Date | Fecha inválida |
| Section | DBS Regulation 29 appeal regarding access to the Port of Felixstowe |
10BI
SCHENKER
DB Schen ker Rail (UK) Limited
Access
Team
Paul McMahon Wembley Depot
Deputy Director, Railway Markets and Economics Pendolino Way
Office of Rail Regulation London NW10 ORP
1 Kemble Street
London WC2B 4AN Stewart Smith
Telephone: +44 (0 )87
01407012
15 Aprii 2010 Fax: +44 (0)20 8 963 6265
Mobile: +44 (0 )7801 906059
stewart.sm it h@dbschenker.com
Dear Paul,
APPEAL UNDER REGULATION 29 OF THE RAILWAYS INFRASTRUCTURE (ACCESS &
MANAGEMENT) REGULATIONS 2005 - ACCESS TO THE PORT OF FELlXSTOWE WHERE
FELlXSTOWE DOCK AND RAILWAY COMPANY IS THE SERVICE PROVIDER
This letter constitutes the response of DB Schenker Rail (UK) Limited ('DB Schenker') to the
representations of GB Railfreight Limited ('GBRf') and Freightliner Limited ('FLL') (dated 18
March and 17 March 2010 respectively) on the above appeal.
GB Railfreight Limited
1. DB Schenker recognises GBRf's analysis of the allocation of paths between the raii freight
operators using the Port of Felixstowe ('the Port') as this concurs with the information contained
within DB Schenker's appeal. DB Schenker notes that out of the 14 new paths allocated by
Felixstowe Dock and Raiiway Company ('FDRC ') since 2001, 50% (7) have been allocated to
FLL (who already held 14 paths), 36% (5) to GBRf and only 14% (2) to DB Schenker.
2. DB Schenker also notes GBRf's comments that in order to faciiitate the allocation of rail
capacity in a structured manner, FDRC introduced an informal bidding process which ensured
each party presented its case for capacity in a consistent and comparable format. DB Schenker
assumes GBRf is referring here to the capacity allocation principles issued by FDRC on 4 August
2008 when inviting tenders for capacity to accommodate a 27'" train at the Port (Appendix 1 of
DB Schenker's appeal refers).
3. Rather than being an informal bidding process as GBRf suggests, DB Schenker understood
that the capacity allocation principles were intended to be FDRC's formal published policy of how
it would allocate capacity at the Port. However, as DB Schenker has made clear in its previous
representations to ORR:
• Without consultation, these capacity allocation principles were revised by FDRC in May
2009 so that the process of capacity allocation would no longer be by open tender. This
was purportedly as a consequence of FDRC's belief that the Felixstowe Branch Line was
at capacity. FDRC stated that these revised principles wouid remain in place until the
Felixstowe Branch Line was upgraded and specified that requests for additional train
services from operators would be considered where those operators could identify or
create capacity on the Felixstowe Branch Line (Appendix 2 of DB Schenker's appeal
refers).
DB Schenke r Ra il (UK) Limited
Registered
Office
:
lakeside Business Park
Ca rolina
Way
Doncaster ON4 5PN
Registeredin England andWales
Registered No:
2938988
To continue reading
Request your trial