On the Soapbox
Which company came up with “first come-first served”?
If a terminal operates under a “First come – First served” basis it does not imply that they are a public dock. KMI, IMTT are privately held terminals.
It’s all in a “word”. THE REAL PROBLEM IS THE TERM “PUBLIC DOCK”
According to the American Association of Port Authorities, the definition of a “public dock” is one that is owned and operated by the Port Authority. If the Port Authority owns and operates the dock it than dictates the order the various parties get to use the dock. This is not the case for IMTT, KMI, GATX, etc.
Sales/Purchase contracts read if “loading at public terminals is effected on a first-come, first serve basis” time starts at all fast. KMI, IMTT are not public docks in any way whatsoever but operate on a first come, first serve basis. CITGO Linden and Hess Port Reading operate as a first come, first serve basis as well and are not public docks. For lack of better terminology the phrase “public dock” was born which was applied to terminals operating on a first come, first serve basis. Terminals operating on a first come first serve basis have no bearing on the words “public dock”.
No reference whatsoever in any terminal agreement that we have read state that the terminal is a public dock. The Agreement only states that it operates under the first come, first serve basis.
It is our opinion that if a terminal is operating under a first come, first serve basis it does not make that terminal a public dock. Nevertheless it has been accepted that KMI and IMTT fall under the commercial term “public dock”.