Representations of Felixstowe Dock and Railway Company
| Date | 12 March 2010 |
| Section | DBS Regulation 29 appeal regarding access to the Port of Felixstowe |
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Hutchison
Ports
(UK)
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United
Kingdom
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,44
10)1394
676566
Fax:
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www.hphccm
12 March 2010
Paul
McMahon
Deputy
Director, Railway Markets
and
Economics
Office of Rail Regulation
One
Kemble Street
LONDON
WC2B4AN
Dear Mr McMahon
APPEAL
UNDER
REGULATION
29 OF THE RAILWAYS INFRASTRUCTURE
(ACCESS
AND
MANAGEMENT)
REGULATIONS 2005 ("REGULATIONS")
BY DB SCHENKER RAIL (UK) LIMITED ("DBS")
We refer to
our
previous correspondence
with
you
in
relation to this appeal. The
Felixstowe Dock
and
Railway
Company
("FDRC') considers
the
appeal
made
by
DBS to
the
ORR
regarding
the
Port
of Felixstowe ("PoF") to be
premature.
However
as requested
by
you
in
your
letter of 2 March 2010
we
have
set
out
in
this letter
our
representations
on
the
two
issues
which
we
now
understand
from
you
to be
at
the
heart
of this appeal, namely: (i)
an
alleged inability to agree
terms
with
FDRC for a
new
rail service
at
PoF
and
(ii)
the
charging arrangements
and
level of charges for
rail freight operating companies ("FOCs")
at
PoF. In
doing
so, please note
that
FDRC
continues to reserve its
right
to challenge
the
jurisdiction of
the
ORR to consider
the
appeal
at this
point
for
the
reasons
set
out
in
our
letters of 18
and
25 February
and
again
requests
that
the
ORR specifically addresses in full
the
points
raised in those
letters
regarding
jurisdiction before it comes to determine this appeal.
1.
Proposed
new
DBS Service
at
PoF
1.1
Request
by
DBS
for
a
new
service
The first
point
that
FDRC
would
like to
make
is
that
it
has
not
made
any
final
decision(s) on
the
request
submitted
by
DBS
in
its letter of 2 September 2009
(appendix 5 to
the
appeal) to
run
an
additional service
at
PoF.
Indeed
because DBS
has
never
provided
FDRC
with
sufficient detail
and
information
about
the
proposed
service FDRC
has
never
been
in
a position
where
it
could
make
any
decision(s) or
enter
into any negotiations. FDRC
has
already
made
this
point
in
its letter to
the
ORR
of 18 February.
However
for convenience
and
because
the
point
is of
fundamental
importance we
repeat
below
some
of
what
was
stated
in
our
earlier letter.
Cont'd
...
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~
A
member
ofme
HPH
Group
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