CITGO Refining and Chemicals Company L.P. v. Port of Corpus Christi Authority of Nueces County, Texas; Notice of Filing of Complaint and Assignment, 55909 [2011-23070]

Agencies

• Federal Maritime Commission

[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Notices]
[Page 55909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23070]


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FEDERAL MARITIME COMMISSION

[Docket No. 11-15]


CITGO Refining and Chemicals Company L.P. v. Port of Corpus 
Christi Authority of Nueces County, Texas; Notice of Filing of 
Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by CITGO Refining and Chemicals 
Company L.P., hereinafter ``Complainant,'' against the Port of Corpus 
Christi Authority of Nueces County, Texas (PCCA) hereinafter 
``Respondent.'' Complainant asserts that it is a limited partnership 
duly organized and existing under the laws of the State of Delaware, 
operating a petroleum refinery at two locations along the Corpus 
Christi Ship Channel. Complainant alleges that Respondent is a marine 
terminal operator and a ``navigation district and political sub-
division of the State of Texas.''
    Complainant alleges that it ``has been charged wharfage and other 
charges calculated as a percentage thereof that are excessive and not 
reasonably related to the value of services rendered to CITGO.'' 
Further, ``[t]hrough application of such charges, CITGO has been forced 
to subsidize costs associated with services provided to other users of 
port facilities.'' Complainant alleges that because of these actions 
and because Respondent is ``unreasonably refusing to deal or negotiate 
with CITGO,'' the Port ``has violated and continues to violate the 
Shipping Act, 46 U.S.C. 41106(2) and (3) and 41102(c).'' Complainant 
requests the Commission issue an order ``[c]ommanding the PCCA to cease 
and desist from engaging in the aforesaid violations of the Shipping 
Act; putting in force such practices as the Commission determines to be 
lawful and reasonable; and * * * [c]ommanding the PCCA to pay to CITGO 
reparations for violations of the Shipping Act, including the amount of 
the actual injury, plus interest, costs and attorneys fees; and * * * 
[c]ommanding any other such relief as the Commission determines 
appropriate.'' The full text of the complaint can be found in the 
Commission's Electronic Reading Room at https://www.fmc.gov.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon proper showing that there are genuine 
issues of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, depositions, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by September 
4, 2012 and the final decision of the Commission shall be issued by 
January 4, 2013.

Karen V. Gregory,
Secretary.
[FR Doc. 2011-23070 Filed 9-8-11; 8:45 am]
BILLING CODE 6730-01-P