PDV America, Inc. and Subsidiaries - Page 28

                                       - 28 -                                         
          that an environmental problem may arise, which would require                
          CITGO to move the tanks.  In some cases, CITGO may need to move a           
          tank only temporarily in order to replace the contaminated sand             
          underneath the tank.  In other cases, however, as the                       
          circumstances surrounding CITGO’s past tank relocations                     
          demonstrate, CITGO may need to permanently remove a tank from one           
          site and place it at a different terminal.                                  
               In addition to environmental reasons for moving tanks, CITGO           
          may need to move tanks within a terminal for economic reasons,              
          such as to make room for terminal expansions, bring tanks closer            
          to pumping and loading facilities, or maximize terminal                     
          facilities by joining tank farms together.  We disagree with                
          respondent that the maintenance and repair work CITGO has                   
          performed on the tanks negate the possibility that the tanks may            
          have to be moved.  In order to keep the tanks in compliance with            
          EPA and industry standards, CITGO must perform maintenance and              
          make required repairs.  This factor favors petitioner.                      
          D.  How Substantial a Job Is Removal of the Property and How                
          Time-Consuming Is It?  Is It “Readily Removable”?                           
               According to petitioner, removing the tanks is not a                   
          substantial, time-consuming job.  Petitioner concedes that                  
          removing the tanks is a more “involved” process than removing               
          outdoor advertising signs, 1-hour photo labs, or gasoline                   
          canopies but contends that removing the tanks is relatively no              
          more difficult.  Respondent disagrees, arguing that the tanks are           

Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011