Full Volume 19 - Federal Maritime Commission

70 FEDERAL MARITIME COMMISSION
between carriers shippers exporters or importers or operate to the
detriment of the commerce of the United States or are contrary to the
public interest or are otherwise in violation of the Shipping Act 1916 2
whether said agreements should be approved disapproved or modified
pursuant to section IS and 3 whether section 15 has been violated by
Totem 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 Order of Investigation named Anchorage Sea Land
and Totem as Respondents Standard Oil Company of California Western
Operations Inc Standard Coastal Barge Lines Inc Coastal Puget
Sound Tug and Barge Co Puget Tesoro Alaskan Petroleum Corporation
Tesoro and Shell Oil Company Shell were made Petitioners in the
proceeding 2
Hearing Counsel also participated in the proceeding
An evidentiary hearing was held in Washington in early December
1975 These hearings consumed 11 days and produced 117 documentary
exhibits and a transcript running to 1770 pages
During the course of the hearings a problem arose which ultimately
resulted in the Interim Initial Decision now before us on exceptions
Briefly stated Sea Land s present agreement with Anchorage Agreement
No T 1685 as amended grants it preferential berthing rights for its
vessels at Terminal 1 commencing February I 1976 When a Sea Land
vessel is berthed at Terminal 1 Totem s vessel the Great Land will be
precluded from berthing at the same facility and will instead be required
to berth at Terminals 2 and 3 which provide the only alternative berthing
location 3 Totem claimed during the hearing that its vessel could not be
safely berthed at Terminals 2 and 3 during severe winter icing conditions
and that for that reason it would not call at Anchorage until improved
weather conditions made it possible to utilize the alternative location
without risk This concern for the safety of Totem s vessel at Terminals 2
and 3 prompted the need for expeditious action and the interim proceeding
which followed
Thus despite the expeditious manner in which the hearings were
pursued it became evident that in view of necessary briefing require
ments it would not be possible for the matter to be submitted to the
Commission in time for it to render a decision on all the issues by
February 1 1976 It was determined therefore that an interim decision of
the Commission on or before February 1 1976 might be possible whereby
all of the rights of the parties might be preserved service at Anchorage
not jeopardized and the public interest served until such time as the
2 Standard on subsequently withdrew its protest and was dismissed from theproceeding ShelJ on did not actively
participate in thehearini
j Sea Land has been offerlna common carrier service to the Port of Anchorai since 1964 Currently the carrier
has fOUT vessels inregular service in the Anchorage trade
Totem inaugurated service between Seattle and AnchOfll8e in September 1975 The carrier currently operates a
single roll onroll off vessel in direct compedtlon with Sea Land All service to the Port is presently on a ftrst come
first served basis
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