Full Volume 19 - Federal Maritime Commission

AGREEMENT NOS T 1685 T 1685 6 T 3130 457
enter the leases into evidence as late filed exhibits his subsequent
consideration of the merits of the agreements was improper However
with two exceptions we do not disagree with his ultimate conclusion that
the back up leases are not section 15 agreements
Our Order of Investigation while not specifically addressing the issue
of back up leases was sufficiently broad enough to encompass not only
the preferential berthing aspects of the two agreements but any other
agreements which comprised the complete understanding between the
parties
Hearing Counsels allegations raised the issue of whether the complete
agreements were before the Commission These substantive allegations
should have been considered by the Presiding Officer He should have
admitted the back up leases into evidence and his refusal to do so was
error 2
However a resolution of this particular issue does not require our
remanding the proceeding to the Presiding Officer The existing record is
sufficient to permit the Commission to make a determination regarding
the back up leases
Notwithstanding the Presiding Officer s refusal to permit the subject
leases to be introduced into evidence the matter of whether such leases
are subject to section 15 was discussed by Hearing Counsel and
Anchorage in their briefs The matter wall also addressed by Hearing
Counsel in their exceptions to the Initial Decision to which Anchorage
and Tote responded Further there is testimony in the record relating to
the back up leases
Therefore the following agreements are admitted as late fIled exhibits
13
and designated as follows
l Lease between Sea Land and Anchorage dated December 10 1970
pertaining to the lease of Lots 5A and 5B now redesignated 5C at the
Port ofAnchorageExhibit No 124
2 Assignment of a lease from Jack E Cole and Donald D Emmal to
Sea Land with the consent of Anchorage alease dated September 28
1973 pertaining to the lease ofLot 5F now redesignated 6D at the Port
ofAnchorageExhibit No 125
3 Lease between Tote and Anchorage dated July 24 1975 pertaining to
the lease of Lots 3A and 2B at the Port ofAnchorageExhibit No 126
Upon examination of the above leases and review of the record in this
proceeding as it relates to those leases we fmd that the Presiding Officer
was correct in fmding that these back up leases are not subject to section
15 This determination is based not only on a review of the agreements
standing alone but on a consideration of the interrelationship between the
IJ No objections were raised by the parties to the introduction of the leases when they were originally submitted by
Hearing Counsel
13
The two Sea Land back up leases executed with Anchorage in 196411965 Agreement Nos T 1685 A and T
1685A I were routinely filed and approved as section 15 agreements when originally submitted Whatever prompted
that approval in 196411965 there is nothing in the record in Docket No 75 35 which necessitates our disturbing that
action here
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