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the facts established with the NPFC’s initial determination as well as information provided by TKPOA 

within their request for reconsideration support TKPOA’s request for reconsideration and offers 

$9,172.00 for its uncompensated removal costs incurred as a result of the oil spill incident, as 

outlined below.

I. CLAIM HISTORY:

 On December 27, 2019, the NPFC received a submission for uncompensated removal costs from 

TKPOA, dated December 13, 2019.12 The NPFC thoroughly reviewed the original claim, all information 

provided by TKPOA or obtained independently, and ultimately determined that $2,797.00 of the 

$9,822.25 was compensable and denied the remainder of the claimed costs.13 On April 15, 2020, the 

NPFC received TKPOA’s timely request for reconsideration.14

II. REQUEST FOR RECONSIDERATION

The regulations implementing OPA require requests for reconsideration of an initial determination 

to be in writing and include the factual or legal grounds for the relief requested, along with any additional 

support for the claim. The claimant has the burden of providing all evidence, information, and 

documentation deemed necessary by the NPFC to support the claim. When analyzing a request for 

reconsideration, the NPFC performs a de novo review of the entire claim submission, including any new 

information provided by TKPOA in support of its request for reconsideration. The written decision by 

the NPFC is final.

On April 15, 2020, TKPOA submitted a timely request for reconsideration and provided information 

in support of costs denied by the NPFC totaling $7,045.60.15 In its reconsideration request, TKPOA

requested that the NPFC reconsider the $6,500.00 in denied Tow Boat US costs and provided a letter 

from Tow Boat U.S. Tahoe Keys in support of its costs. TKPOA also requested the NPFC reconsider the 

denied $69.90 for 30-feet of chain and provided a receipt in support of its costs, $20.35 in denied costs for 

a set of padlocks and provided a receipt for its costs. TKPOA explained in its reconsideration letter that 

the NPFC denied $40.70 for two sets of padlocks but explained that there was only one set of padlocks 

thereby amending its requested amount on reconsideration in the amount of $20.35. Lastly, TKPOA 

asked that the NPFC reconsider the $435.00 in denied TKPOA personnel and labor costs.16

III. ANALYSIS ON REQUEST FOR RECONSIDERATION:

 

The regulations implementing OPA require requests for reconsideration of an initial determination to 

be in writing and include the factual or legal grounds for the relief requested, along with any additional 

support for the claim in accordance with governing claims regulations at 33 CFR 136.115(d).

The NPFC has thoroughly reviewed and considered TKPOA’s request for reconsideration. All 

approved costs are supported by adequate documentation and because TKPOA has met its burden for 

certain costs, the amount of compensable costs are determined to be $9,172.00, while $650.25 in 

requested costs remain denied and are deemed not compensable, as described below.

 12 Claim submission dated December 13, 2019 with a sum certain identified as $9,822.25. See also, Optional 

OSLTF Claim Form, signed and dated December 13, 2019. 

13 NPFC determination issued to TKPOA dated March 31, 2020. 14 Email from TKPOA to the NPFC dated April 15, 2020. 15 Within their request for reconsideration, TKPOA seek reconsideration of certain costs denied by the NPFC. 16 TKPOA letter to the NPFC dated April 14, 2020.
5

1. NPFC Initial Determination – Charges in the amount of $6,500.00 were denied as these costs 

were not supported by a Towboat Marine U.S. rate schedule.

17 

TKPOA’s Response – Charges totaling $6,500.00 should be approved. Mr. explained 

that he obtained a letter from Mr. of Tow Boat US which states Tow Boat U.S. 

does not have a standard published rates document. The letter from Mr. also 

addresses the charge for damaged salvage equipment18 

NPFC Determination Upon Reconsideration – Charges of $6,500.00 for response and salvage 

services provided by Tow Boat US are approved in the amount of $6,300.00. TKPOA provided 

a letter from Mr. dated April 10, 2020 providing a detailed explanation 

regarding the pricing structure and basis for which he invoiced response and salvage costs. 

With respect to charges associated with damaged salvage equipment, the letter only stated that 

Mr. charged a nominal fee of $200.00 for damaged salvage equipment with no 

additional information or details. As such, the NPFC denies $200.00 for the unidentified 

damaged salvage equipment as not supported by the record.19

2. NPFC Initial Determination – Charges in the amount of $69.90 for thirty (30) feet of damaged 

chain were denied on the basis that TKPOA failed to provide evidence of the existence of the 

chain claimed and documentation to demonstrate that the chain was damaged as a direct result 

of the oil spill incident.20

TKPOA’s Response – Charges for thirty (30) feet of damaged chain should be approved. Mr. 

 provided a statement that the purpose of the chain was to deter vehicle access to the 

service ramp. Mr. further asserted that the RP backed his vehicle into the chain and 

broke the connection portion of the chain that connects to the fence. Mr. provided a 

purchase receipt for replacement chain.21

NPFC Determination Upon Reconsideration – Charges totaling $69.90 associated with 

replacement chain is again denied. TKPOA’s claim submission contains a typed Summary 

statement, author unknown, which provides very detailed information regarding the entire 

incident and response.22 Based on the evidence presented in the claim submission, TKPOA has 

failed to provide evidentiary documentation to support that the damaged chain resulted from the 

oil spill incident at hand. As such, the NPFC denies the alleged damage as unsubstantiated.

3. NPFC Initial Determination – Charges in the amount of $40.70 were denied on the basis that 

TKPOA failed to provide a description of how the damage occurred as a result of oil spill 

incident and failed to provide documentary evidence in support of the padlock purchase.23

 

17 NPFC determination issued to Tahoe Keys Property Owners Association dated March 31, 2020 page 7, IV (1). 18 TKPOA written request for reconsideration dated April 14, 2020 #2. 19 Tow Boat US letter dated April 10, 2020. 20 NPFC determination issued to Tahoe Keys Property Owners Association dated March 31, 2020 page 7, IV (3). 21 TKPOA written request for reconsideration dated April 14, 2020 #3 and DIY Home Center Invoice #50471 dated 

July 2, 2019, attachment #2 to TKPOA request for reconsideration package dated April 14, 2020.

22 TKPOA claim submission, pages 24-29, contain a typed Summary report of the incident with a handwritten 

notation at the top indicating “El Dorado County Sheriff”. The summary states that Deputy responded and 

during investigation of the incident, was unable to determine the status of the damaged chain prior to the incident 

due to the lack of visible damage and due to a response to questioning from TKPOA employee, r. When 

asked about the pad lock and chain, the statement indicates that Mr. examined the metal fence and informed 

Deputy that he was unaware if any damage occurred and that he did not know if a damaged weld to the fence 

was prior damage or a result of the incident. See page 25 of 39 of the TKPOA claim submission.

23 NPFC determination issued to Tahoe Keys Property Owners Association dated March 31, 2020 page 7, IV (4).

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