OFFICIAL

Robert Williamson John Trippier Customer Relationships Executive Senior Executive, Track Access Office of Rail and Road One Eversholt Street One Kemble Street London NW1 2DN WC2B 4AN

14th September 2020

Dear John

Representations to the ORR: Proposed 15th Supplemental Agreement to the Track Access Contract between Network Rail Infrastructure Limited and GB Limited

I refer to your email on 24th August 2020 where you invited Network Rail Infrastructure Limited to make further written representations in respect of the 15th Supplemental Agreement application made by GB Railfreight (“GBRf”) under Section 22A of the Railways Act 1993 (the Act).

Network Rail are willing to support Access Rights over the Castlefield Corridor on a Contingent basis for a period of 6 months. Network Rail will consider supporting Rights over the remainder of any routes dependent on Network Rail being able to facilitate the Castlefield Corridor element. This is in line with the ‘Declaration of Congested Infrastructure’ letter sent to the ORR on 16th April 2019 (with effect from 23rd April 2019), alongside Network Rail’s letter “Network Rail Access Rights Position: Castlefield Corridor 30th July 2019. This position is also consistent with Network Rail’s support of Contingent, time- bound, Rights for the recently proposed two weekend off-peak Castlefield Corridor services between Manchester Airport and Preston encompassed within the Transpennine Express 35th Supplemental Agreement”.

In GBRf’s Form F Part 4.2 , reference is made to Transpennine Express (TPE)’s 24th Supplemental Agreement, stating “…new firm rights were approved” via the Castlefield Corridor. This is not accurate, as in its decision letter regarding TPE’s 24th SA dated 24th June 2019, ORR directed Network Rail to sell Contingent Rights timebound until SCD2020, a period of one year. This was for 3 weekend services between Manchester Airport and Carlisle, Glasgow and Edinburgh. GBRfs application is for Firm Rights until the expiry date of their Track Access Contract in 2026.

Network Rail notes that 4M51 is currently recorded in TPS as 75C66S14 but it notes that the application is for 75C66S16. Network Rail cannot support this as the increase of tonnage would make the timings unfeasible but would support the application at 75C66S14.

Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co uk OFFICIAL

Regards

Robert Williamson Customer Relationships Executive FNPO

CC: Andy Saunders, Network Rail Gordon Herbert, ORR

Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co uk