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”.