Hello, For each year of the Arriva Rail London concession (London Overground) please provide the following figures, which are used to calculate the annual concession payment: FXD (Operator’s fixed costs for that Concession Year) VCRPI (the Operator’s variable costs for that Concession Year which are to be inflated by the RPI Index) PRPI (means the Operator’s profit for that Concession Year which is to be inflated by the RPI Index) Thank you

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Our ref: FOI-2719-1920

Thank you for your request received by Transport for London (TfL) on 6 December 2019 asking for information about Arriva Rail London.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our Information Access Policy. I can confirm we do hold the information you requested. You asked:

For each year of the Arriva Rail London concession (London Overground) please provide the following figures, which are used to calculate the annual concession payment:

FXD (Operator’s fixed costs for that Concession Year)

VCRPI (the Operator’s variable costs for that Concession Year which are to be inflated

by the RPI Index)

PRPI (means the Operator’s profit for that Concession Year which is to be inflated by the RPI Index)

The concession agreement is published on our website at the following link: http://content.tfl.gov.uk/london-overground-concession-agreement.pdf

However, in accordance with the FOI Act, FXD, VCRPI and PRPI costs have been redacted as it is subject to a statutory exemption to the right of access to information under section 43(2).

In this instance the exemption has been applied as disclosure of requested costs would be likely to prejudice the commercial interests of Arriva Rail London Limited. Disclosing this financial information would be likely to prejudice their commercial interests as it would provide competitors with an advantage by giving an insight into the costs and financial performance of Arriva in relation to the contract. There is also a commercial harm likely to arise in respect of TfL’s ability to obtain best value for money in relation to future concession agreements as prospective bidders may use this information to cluster their bids and therefore reduce the competitiveness of the tender process.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities, particularly where the use of public assets is concerned, but in this instance the public interest in ensuring that TfL is able to obtain the best value from public assets, and that the marketplace is able to retain its competitiveness, outweighs the general public interest in increasing transparency of TfL’s processes.

If this is not the information you are looking for, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely,

Melissa Nichols

FOI Case Officer

General Counsel

Transport for London

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