Title
Use of Pier 3 by National Coal Authority
Law
Letter Of Instruction No. 1091
Decision Date
Dec 2, 1980
To support energy self-sufficiency and rapid industrialization, the National Coal Authority is authorized to use Pier 3 in South Harbor for coal vessel docking, requiring the Ministries of Public Works and Public Highways, and the National Irrigation Administration to relocate their staging area.

Questions (LETTER OF INSTRUCTION NO. 1091)

The Ministers of Public Works and Public Highways and the Administrator of the National Irrigation Administration were directed to immediately allow the National Coal Authority to use Pier 3, South Harbor.

To enable the docking of coal vessels at Pier 3, since the immediate use of coal requires infrastructure, and alternative facilities were not yet available.

It states Pier 3 can handle incoming coal from 30,000 DWT vessels.

The LOI authorizes the National Coal Authority to use the site at Pier 3 (which was being used as a staging area by other agencies) for docking coal vessels.

They were directed to transfer their staging area somewhere else until the National Coal Authority determines that Pier 3 use for coal vessels is no longer necessary.

It cites the government’s thrust toward energy self-sufficiency, rapid industrialization, the national ten-year energy program, and the need for massive infrastructure for coal imports.

The LOI states the Board of Governors of the National Coal Authority would determine when use is no longer necessary, in view of the construction of alternative pier facilities to receive coal.

It states “until … the National Coal Authority through its Board of Governors would have determined that the use of Pier 3 by the coal vessels is no longer necessary in view of the construction of alternative pier facilities.”

It implies the President is acting under constitutional authority to issue directives binding on executive agencies, particularly for internal administration and implementation of national policy.

To justify the administrative reallocation of an existing public facility for a national energy objective, emphasizing both policy alignment and cost efficiency.

It directs multiple departments/administrations to adjust their use of a shared facility to accommodate the National Coal Authority’s mission.

It identifies the exact location and facility subject of the directive, limiting ambiguity and helping determine the scope of authorized use and the agencies affected.

The LOI indicates priority authorization for the National Coal Authority to use Pier 3 for docking coal vessels and requires the existing staging users to relocate, implying that relocation is necessary to give the coal operations the needed access.

It uses the term “immediately,” requiring prompt action to allow the National Coal Authority to use Pier 3 and to transfer the staging area elsewhere.


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