[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Page 68188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28467]


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FEDERAL MARITIME COMMISSION

[Docket No. 11-18]


Valero Refining-Texas, L.P. v. Port of Corpus Christi Authority 
of Nueces County, TX; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by Valero Refining-Texas, 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 Texas, and operates 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 that are excessive and not reasonably related to the value of 
services rendered to Complainant.'' Further, ``[t]hrough application of 
such charges, Complainant has been forced to subsidize costs associated 
with services provided to other users of port facilities.'' Complainant 
alleges that Respondent ``has violated and continues to violate the 
Shipping Act, 46 U.S.C. 41106(2) and (3) and 41102(c), by (a) 
Subjecting Valero [Complainant] to an undue or unreasonable prejudice 
or disadvantage; (b) granting an undue preference or advantage with 
respect to certain users of its facilities; and (c) failing to 
establish, observe, and enforce just and reasonable regulations and 
practices relating to or connected with the receiving, handling, 
storing or delivering of property.'' 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 Valero 
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 http://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 October 29, 
2012 and the final decision of the Commission shall be issued by 
February 26, 2013.

Karen V. Gregory,
Secretary.
[FR Doc. 2011-28467 Filed 11-2-11; 8:45 am]
BILLING CODE 6730-01-P