Full Volume 19 - Federal Maritime Commission

AGREEMENT NOS T 1685 T I68 T 3130 441
REPORT
January 6 1977
BY THE COMMISSION Karl E Bakke Chairman Ashton C Barrett
Bob Casey and James V Day Commissioners
By Order of Investigation and Hearing dated September 15 1975 the
Commission instituted this proceeding to determine 1 whether terminal
Agreement No T 3130 between Totem Ocean Trailer Express Inc
Tote and the City of Anchorage Alaska Anchorage and terminal
Agreement Nos T I685 as amended and T 1685 between Sea Land
Service Inc Sea Land and Anchorage are unjustly discriminatory or
unfair as between carriers shippers exporters or importers or operate to
the detriment ofthe commerce ofthe United States or are contrary to the
public interest or are otherwise in violation of the Shipping Act 1916
within the meaning of section 15 of that Act 2 whether said agreements
should be approved disapproved or modified pursuant to section 15 and
3 whether section 15 has been violated by Tote andor Anchorage by the
construction of facilities provided for in Agreement No T 3130 prior to
the approval of said agreement by the Commission
The Commission s Orderof Investigation named Anchorage Sea Land
and Tote as Respondents Standard Oil Company of California Western
Operations Inc Coastal Barge Lines Inc Coastal Puget Sound Tug
and Barge Company Tesoro Alaskan Petroleum Corporation Tesoro 1
and Shell Oil Company were made Petitioners in the proceeding 2
Hearing
Counsel also participated in the proceeding
On January 30 1976 the Commission issued an Interim Order
disapproving Agreement No T 1685 as amended through T 1685
effective February 5 1976 unless the parties on or prior to that date fued
an amendment suspending Sea Land s preferential berthing rights during
the months ofFebruary March and April 1976 The need for such interim
action stemmed from the fact that severe winter conditions at Anchorage
posed a risk to Tote s vessel and crew at certain terminal facilities and
that the only safe berthing areas were assigned to Sea Land under the
terms of its existing preferential berthing agreement with Anchorage The
parties failed to submit such a modification and Sea Land s basic
Agreement No T 1685 as amended was disapproved by the Commis
sion 3 The net effect of the Commission s interim decision was to plac
both Sea Land and Tote on an equal footing with respect to their
operations at Anchorage i e on afrrst come frrst served basis
I Tesoro an active and vigorous opponent against approval of both agreements
advised the Commission on
November 3 1976 that it no longer has an interest in the matters at issue in this proceeding
S
Standard Oil Company subsequently withdrew its protest and was dismissed from the proceeding Shell Oil
Company and Puget Sound Tug and Barge Company did not actively participate in the hearing
3
Since Agreement No T 1685 6 does not stand alone but can only be considered as an integral part of the
agreement which it amends we consider the basic Agreement No T I68 5 as amended throughT I68 56 to before us for approval
be now
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