KINDER MORGAN PETCOKE, L.P.
DEEPWATER BULK TERMINAL
SCHEDULE OF WHARF CHARGES
FOR PETROLEUM COKE MOVEMENTS
KINDER MORGAN PETCOKE, L.P. (“Kinder Morgan”) EFFECTIVE
DEEPWATER BULK TERMINAL (“Terminal”) JANUARY 1, 2011
4207 Pasadena Freeway
Pasadena, TX 77503
John Klein – Terminal Manager/Facility
Phone: 281-241-5705
Cell: 281-881-2079
Fax: 281-478-5631
Email:
Bill Holmes – Terminal Manager/Operations
Phone: 281-241-5704
Cell: 832-723-1388
Fax: 281-478-5631
Email:
SECTION I – SPECIFIC WHARF INFORMATION
Berth 1,100 feet (335.29m)
Length of Dock 670 feet (204.22m) in length
Maximum Vessel Length 750 feet (228.60m) – Larger vessels may be loaded upon approval from Houston Pilot’s Association and written approval from Terminal
Maximum Beam 106 feet (32.31m)
Depth of Water at Dock 40 Feet Maximum (12.19m) at Mean Low Tide (M.L.T.)
Note: May be less than 40 ft depending upon weather events reducing available water depth below M.L.T. The Terminal will make good faith effort to dredge periodically to maintain 40 ft (12.19m).
Air Draft from Top of Hatch Cover 50 feet (15.24m)
Spout Reach From Face of Docks 65 feet (19.81m)
Minimum Hatch Opening 40 feet long x 25 feet wide (12.19m x 7.62m)
Rated Loading Capacity Cargo Size Guaranteed Load Rate
Per Weather <25,000 wst 15,000 wst per day (13,606.50 wmt)
Working day of 24 hours 25,000 to 40,000 wst 20,000 wst per day (18,142.00 wmt)
40,000 to 50,000 wst 30,000 wst per day (27,213.00 wmt)
>50,000 wst 33,333 wst per day (30,236.36 wmt)
Trimming Spout trim only.
Deballasting Vessels must be capable of deballasting at 2,500 to 3,000 tons per hour continuous load rate.
Mooring Requirements Securing vessel will be done using ship lines and Terminal–owned or 3rd party line-handling boats. THE MINIMUM MOORING ARRANGEMENT ASSUMES A FOURTEEN (14) MOORING LINE DEPLOYMENT WITH 2 FORWARD LINES, 2 FORWARD BREAST LINES, 3 FORWARD SPRING LINES, 3 AFT SPRING LINES, 2 AFT BREAST LINES AND 2 AFT LINES. Vessel shall arrange and pay for mooring services with a mooring company acceptable to the Terminal.
SECTION II – SPECIFIC TERMINAL INFORMATION
DEMURRAGE/DESPATCH:
Except when caused by its own gross negligence, Kinder Morgan will not be responsible for any demurrage or detention except as outlined in specific agreements between the terminal operator and users of the Terminal. Kinder Morgan shall be responsible for demurrage and due payment for despatch in keeping with the agreement between Kinder Morgan and its customers. In the event demurrage may be claimed, the user shall furnish Kinder Morgan with a certified copy of the Charter Party provisions regarding demurrage/despatch (excluding ocean freight terms). Kinder Morgan shall pay demurrage based on the agreed market price demurrage charges. Demurrage fees shall be announced by the user and agreed to by Kinder Morgan at the time of nomination. The Statement of Facts on the ship loading as produced by Kinder Morgan shall be the legal and binding Statement of Facts for the ship loading. Kinder Morgan shall make its best efforts to make such Statement of Facts accurate and true.
The loading rates upon which demurrage and despatch are based shall be those outlined in Section 1. Once the loading of the vessel has commenced, there will be an allowance of two (2) hours for surveys of the vessel. Any time beyond the two (2) hours will count against the vessel, not the terminal. No time allowance for surveys will be provided or allowed once the vessel declares that all cargo has been loaded and that no further cargo is to be loaded to the vessel. In other words, the Terminal is not responsible for the time it takes the surveyor to finalize his paperwork and for the vessel to accept it once the cargo has been loaded.
Example #1: Vessel uses one hour and forty-five minutes for surveys and then declares cargo completion and that no further cargo is to be loaded. Allowance for survey purposes is one hour and forty-five minutes.
Example #2: Vessel uses two hours and twenty-three minutes for surveys and then declares cargo completion and that no further cargo is to be loaded. Allowance for survey purposes is two hours.
Kinder Morgan Shipper/Ship/Ship’s Agent shall pay despatch fees to Kinder Morgan in keeping with the terms of payment for all other terminal services as outlined in this tariff. Despatch will be earned on the basis of ½ demurrage.
Kinder Morgan shall not be responsible or liable for any dead-freight incurred by any shipper, vessel, vessel owner, charterer, or any other party for any cause. All parties will have ninety (90) days from date of event to file any claims or disputes. Claims and/or disputes filed after ninety days from the date of event will not be recognized by Kinder Morgan.
Note: Voyage time from the bar to the Terminal will not be included in the calculation of demurrage time. The basis of time for demurrage or despatch will be from the time the vessel has been secured and cleared customs, immigration and cleanliness survey and the hatch covers are opened and the loading spout is in position and the vessel is prepared to receive product until the loading is complete.
DOCKAGE CHARGES (Layberth or Engaged in Trade):
Dockage for all vessels (whether for layberth or engaged in trade) will be charged at $0.33 (thirty-three cents) USD per Gross Registered Tonnage (“GRT”). The minimum charge shall be one day. A full day’s dockage will be assessed for any time beyond a one hour grace period, i.e., any vessel staying more than one hour beyond the preceding 24 hour day (for dockage purposes) will be charged an additional one day’s dockage. A minimum of $2,040.00 per 24 hour day will be charged for all barges.
PORT SECURITY FEE:
In order to fulfill its responsibilities for security, including but not limited to responsibilities mandated under the Maritime Transportation Security Act of 2002 and the US Coast Guard regulation 33 CFR 105, Kinder Morgan will assess against and collect from all users of Kinder Morgan’s premises, services, or facilities, a Port Security Fee as set forth herein. Such fee, in the amount set forth below, shall be in addition to all other fees and charges due under this and other governing tariffs:
Vessels (including, without limitation, barges): Seven Percent (7%) of total dockage assessed per port call
LAUNCH SERVICE CHARGES:
The following charge will be assessed for LAUNCH SERVICE:
Launch Service per day $720.00
VESSELS TO ARRIVE IN A “DECK CLEANED” CONDITION:
Federal, state and city laws prohibit the overflow of any objectionable matter into the water. It is the responsibility of the Vessel to arrive at Terminal in a “deck cleaned” (free of debris, commodity, tripping hazards, etc.) condition. Vessels arriving in a “dirty deck” condition will be charged $3,500.00 (U.S.) per hour during the delay for clean-up. Terminal, at its sole discretion, may allow Vessel to clean-up before loading commences or may order Vessel to vacate the berth. Terminal will be responsible for clean-up which may be necessary during normal loading operations. All vessels will depart the Terminal with their decks cleaned of objectionable matter. It is the responsibility of the Vessel to report to the Terminal all “dirty deck” conditions prior to departing the berth.
SURFACTANT USAGE:
In order to meet Federal, state and city laws environmental regulations, Kinder Morgan reserves the right to spray a dust surfactant (BT-205W and currently supplied by Benetech) upon the petroleum coke while loading into vessels at the Terminal. Associated MSDS is available upon request.
ARRIVAL/ DEPARTURE:
* Vessel will be allowed 1 hour free time for arrival and 1 hour free time for departure from the time called by agents before being subject to stand-by charges.
INTEREST:
All vessels, their owners or agents, are responsible for payment of all charges no later than 30 days after the invoice date. After 20 days, a 1.5% per month penalty charge may be assessed on the total invoice amount. Failure to pay within 30 days is grounds for Kinder Morgan to draw on the bond. Failure to pay total after 45 days shall, at Kinder Morgan’s option, result in loss of credit and trigger prepayment of all fees.
BUNKERING AT THE TERMINAL:
For the barge and/or launch, there shall be a minimum charge of $3,500.00. This minimum charge includes the first four hours of pumping per barge. Each subsequent hour will be charged at an additional $350.00 per hour, $2,000.00 for each additional barge and/or launch, with $350.00 per hour after the first four hours, accordingly for each. Kinder Morgan may at its option not allow bunkering or require bunkering to be performed prior to or after loading. Ships must declare the need to bunker when they are nominated to Kinder Morgan. Shore-side bunkering is forbidden.
All vessels bunkering at the Terminal agree to indemnify and save harmless Kinder Morgan from and against all losses, claims, demands, and suits for damages, including death and personal injury, and including court costs and attorney fees, incident to or resulting from their bunkering operations on the property of Kinder Morgan and use of its facilities.
ADDITIONAL SERVICES:
For any service or function not specifically provided for in this Schedule, requested by Customer and agreed to and provided by the Terminal, there shall be a charge to Customer equal to the sum of (a) the cost of Kinder Morgan’s labor used on such services, at a rate of either (i) $50.00per hour of labor involved, if such work is performed during regular operating hours, and (ii) $75.00per hour of labor involved, if such work is performed during overtime hours; plus (b) the cost of materials and equipment used for such additional work plus 15% of such sum; plus (c) the amount of charges made by contracted services, if any, plus 15% of said sum.
WHARFAGE RATES:
Wharfage will be charged for vessels/barges discharging/loading/transshipping cargo directly to or from vessels/barges. Wharfage shall be negotiated between Kinder Morgan and entity per Agreement prior to any discharging/loading/transshipping taking place. No such discharging/loading/transshipping shall occur without the prior approval of Kinder Morgan and if necessary, the U.S. Coast Guard or Corps of Engineers.
OTHER SERVICES OR FEES NOT PROVIDED FOR IN THIS SCHEDULE:
For any service or function not specifically provided for in this Schedule, requested by Customer, required by the Terminal, Kinder Morgan, Port of Houston Authority, or any newly created or undisclosed fee implemented by any government agency, there shall be a charge to Customer equal to the greater of (a) the cost to the Terminal, and/or Kinder Morgan, or (b) the rate specified in the Port of Houston Authority’s Schedule No.8 in effect at the time the service and/or fee is incurred.
CHARGES FOR VESSEL CAUSED DELAYS AND/OR FAILURE TO VACATE:
The Terminal reserves the right to order any vessel from berth at the sole discretion of the Terminal. Should the vessel fail to vacate when so ordered, the vessel will be solely responsible for the costs to Kinder Morgan (See Sub Rule 23). Any delays caused by the vessel are billable to vessel’s owners at Three Thousand Five Hundred US Dollars ($3,500.00 US) per hour or portion thereof based on 15 minute intervals after a four hour “grace” period following the date and time of notice to vessel. The rate charged hereunder constitutes one of two amounts: the anticipated damages incurred by Kinder Morgan at the effective date of this Schedule of Wharf Charges, or the actual damages incurred by Kinder Morgan directly resulting from vessel caused delays.
SECTION III - DEFINITIONS
SUB RULE (1) DAY: A consecutive 24-hour period or fraction thereof.
SUB RULE (2) WEATHER WORKING DAY: Wind, rainfall intensity, tide conditions at the berth, severe weather as in tornadoes, hurricanes, lightening, windstorm severity based on the Terminal’s judgment or Coast Guard mandate.
SUB RULE (3) DOCKAGE: The charge assessed against a vessel for berthing at the Terminal.
SUB RULE (4) HOLIDAYS: Labor Day, and 6:00 P.M. CST December 24th through 6:00 A.M. December 26th (Christmas) – exact times subject to change solely at the discretion of the Terminal.
SUB RULE (5) TON: A unit of weight of 2,000 pounds.
SUB RULE (6) ARRIVAL AT BERTH: The time at which an incoming vessel moors to her berth, calculated from the time the last line is secured.
SUB RULE (7) DEPARTURE FROM BERTH: The time at which an outgoing vessel leaves her berth, calculated from the time the last line is released.
SUB RULE (8) VESSEL: Includes within its meaning every description of water craft or other artificial contrivance whether self-propelled or non-self-propelled, used, or capable of being used, as a means of transportation on water, and shall include in its meaning the owner thereof.
SECTION IV - ARRIVAL PROCEDURE AND CONDITIONS FOR VESSEL LOADING
SUB RULE (9)
GENERAL APPLICATIONS
The use of Kinder Morgan facilities constitutes an acceptance by the user of all charges, rules and regulations published in this manual and the user agrees to pay all charges and be governed by all rules and regulations published in the manual. The charges, rules, and regulations published in this manual apply on all cargo moving through the facilities of Kinder Morgan, and shall apply equally to all users of the facilities.