SCAA CONFERENCE 7 MAY 2006 Arlington, VA

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SCAA CONFERENCE7 MAY 2006Arlington, VA

• DOs DONTs
• OPA CLAIMS
• Thomas Tom Morrison
• Chief, Claims Adjudication Division
• National Pollution Funds Center
• [phone]

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NPFC MISSION

• Administer Oil Spill Liability Trust Fund
• Fund removal actions for incidents or substantial
  threats
• Compensate claimants Removal Damage
• Provide funding for NRDA and Restoration
• Recover OPA removal costs damages from RPs
• Manage Superfund portion used by USCG
• Implement OPAs vessel financial provisions
  issue COFRs

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NPFCs CLAIMS - Strategic Goal

• Ensure that all OPA claimants demonstrating
  uncompensated removal costs or damages from oil
  pollution are fairly compensated in a timely
  manner.

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Division Background

• Division Chief Since February 04
• Branches Removal (R) Damages (D)
• Branch Chiefs
• Donna Hellberg (R) Augie Rios (D)
• 14 Division Members
• Claims in Adjudication 399Mil
• Since 92 - Adjudicated 279Mil

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Removal Cost Claims - Tips

• Documentation Submit by vendor
• Adopt one format consistently submit all
  vendors using same
• Provide Invoice Summary Sheet
• Organize Proof of Payment for invoices consistent
  with invoice items order
• Provide copies of vendor contracts (rate
  schedules)
• Provide invoices with associated daily logs
  receipts
• Provide Incident Action Plans (IAPs)
• Provide copies of all Professional Consultation
  Services Reports and associated project time logs

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Best Practices REMOVAL COST CLAIMS

• FOSC Documentation - Is Provided Shows
• Scope of Work
• Start and End Dates (Demobilization)
• Purpose/Plans especially when engaging in
  non-standard activities (Salvage, remediation,
  soil, vapors)
• Disposal Documentation
• National Response Center Notification Info.

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Best PracticesDamage Claims

• Pictures are worth a thousand words
• Show the connection to the oil spill
• Provide a quantification of the damage claimed
  invoices, estimates, comparables
• Analyses, reports, newspaper articles
• Document losses provide evidence substantiating
  that loss.
• Show document how damage was mitigated

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Limit on Liability Defenses to Liability

• Documents Required
• Police/Law Enforcement Reports
• State, Local Govt and/or Fed Agency Reports
• USCG Form 2692
• Master Crew Drug Test Results
• All Marine Survey /or Adjuster Casualty Reports
  performed by Insurers
• Independent Oil Analysis Reports
• Violation citations to operator, crew, or vessel
• Fishing Permits
• Fuel Transfer Plan For vessels with 250 oil
  bbls

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Closing Thoughts

• Communicate
• Document
• The more you understand and appreciate how we do
  things and our requirements the better our
  collective process can work.

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Safety First