SSA Terminals Takes Oakland Complaint to FMC

The Federal Maritime Commission will take up a dispute in which container handler SSA Terminals alleges that Oakland, Calif.’s board of port commissioners gave better facility rental terms to Ports America Outer Harbor Terminal.

SSA, according to a Federal Register notice, alleges the port and PAOHT entered a lease agreement that violates federal law “by granting more reasonable terms for the rental and use of marine terminal facilities to PAOHT” than given to SSA.

The impact for SSA, that company says, has been higher rents and lost business, for “damages in the millions of dollars.” SSA asked the FMC to require Oakland to answer the charges, and to hold a hearing on the dispute in Washington, D.C.

It is seeking reparations plus litigation costs and possible other damages, but may have to wait more than a year for a result.

The FMC assigned the complaint to the Office of Administrative Law Judges, and said any potential hearing will come “only after consideration has been given by the parties and the presiding officer to the use of alternative forms of dispute resolution.”

An initial decision by that officer may take until Dec. 28, 2010, the Register notice said, and the commission has until April 27, 2011, to finish up.

For a copy of the Federal Register entry, click here http://edocket.access.gpo.gov/2009/pdf/E9-31065.pdf

Contact John D. Boyd at jboyd@joc.com.