The vacancy arose under the following circumstances: during the course of
rancorous litigation initiated by PTSC Directors Felcyn and Johnson against TPL in April of
2010, the five-year term of the Independent Member of the PDS Management Committee Robert
Neilson expired, and PTSC’s Directors (not TPL) refused to reengage his services on the
financial basis he was proposing. The Independent Member position has remained vacant ever
since with no effort by PTSC Directors to exercise their right under Article 4 of the PDS
Operating Agreement to cause the appointment of an Independent Member by employing an
Arbitrator to make the selection.
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