CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1541

Claimant Ms. Nancy DiRienzo

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $5,000.00

FACTS 

On or about 20 April 2010, the Mobile Offshore Drilling Unit Deepwater Horizon (Deepwater Horizon) 

exploded and sank in the Gulf of Mexico. As a result of the explosion and sinking, oil was discharged. 

The Coast Guard designated the source of the discharge and identified BP as a responsible party (RP). 

BP accepted the designation and advertised its OPA claims process. On 23 August 2010, the Gulf Coast 

Claims Facility (GCCF) began accepting and adjudicating certain individual and business claims on 

behalf of BP.

CLAIM AND CLAIMANT

On 3 November 2011, Ms. Nancy DiRienzo (the Claimant) presented a claim to the Oil Spill Liability 

Trust Fund (OSLTF) seeking $5,000.00 in loss of profits damages allegedly resulting from the Deepwater 

Horizon oil spill.1

At the time of the oil spill, the Claimant was working in Gulf Breeze, Florida, where she was engaged in 

selling “partnerships” to “Vacation Property Managers” in cities along the Gulf Coast of Alabama and the 

Florida panhandle.

2

 The Claimant alleged that her income was derived largely from commissions based 

on the number of new partnerships she sold, and based on growth of pre-existing business.3

 The 

Claimant’s customer list consisted primarily of condominium and property management companies 

located in and around Orange Beach, Alabama. The Claimant alleged that because of a poor tourism 

season in the Florida panhandle and Alabama Gulf Coast during the summer of 2010, her clients booked 

fewer vacations, and sustained numerous cancellations.4

The Claimant alleged that due to low and cancelled vacation bookings resulting from the Deepwater 

Horizon oil spill, she sustained a loss of income in the amount of $5,000.00, which she now seeks from 

the OLSTF.5

APPLICABLE LAW 

Under the Oil Pollution Act of 1990 (OPA), at 33 U.S.C. § 2702(a), responsible parties are liable for 

removal costs and damages resulting from the discharge of oil into or upon the navigable waters or 

adjoining shorelines or the exclusive economic zone, as described in Section 2702(b) of OPA. 

The OSLTF which is administered by the NPFC, is available, pursuant to 33 U.S.C. § 2712(a)(4) and § 

2713 and the OSLTF claims adjudication regulations at 33 C.F.R. Part 136, to pay claims for 

uncompensated damages. One type of damages available pursuant to 33 C.F.R. § 136.231 is a claim for 

loss of profits or impairment of earning capacity due to injury to or destruction of natural resources.

Under 33 C.F.R. § 136.233 a claimant must establish the following:

(a) That real or personal property or natural resources have been injured, destroyed, or lost.

1 Optional OSLTF Claim Form, received 3 November 2011. 

2 Letter from the Claimant to the GCCF, 8 December 2010. 3 Letter from the Claimant to the GCCF, 8 December 2010.

4 Letter from the Claimant to the GCCF, 8 December 2010.

5 Letter from the Claimant to the GCCF, 8 December 2010.

 
(b) That the claimant’s income was reduced as a consequence of injury to, destruction of, or loss of 

property or natural resources, and the amount of that reduction.

(c) The amount of the claimant’s profits or earnings in comparable periods and during the period 

when the claimed loss or impairment was suffered, as established by income tax returns, financial 

statements, and similar documents. In addition, comparative figures for profits or earnings for the 

same or similar activities outside of the area affected by the incident also must be established.

(d) Whether alternative employment or business was available and undertaken and, if so, the amount 

of income received. All income that a claimant received as a result of the incident must be 

clearly indicated and any saved overhead and other normal expenses not incurred as a result of 

the incident must be established. 

Under 33 C.F.R. § 136.105(a) and § 136.105(e)(6), the claimant bears the burden of providing to the 

NPFC, all evidence, information, and documentation deemed necessary by the Director, NPFC, to support 

the claim. 

Under 33 C.F.R. § 136.235, the amount of compensation allowable for a claim involving loss of profits or 

impairment of earning capacity is limited to the actual net reduction or loss of earnings or profits suffered. 

Calculations for net reductions or losses must clearly reflect adjustments for—

(a) All income resulting from the incident;

(b) All income from alternative employment or business undertaken;

(c) Potential income from alternative employment or business not undertake, but reasonably 

available;

(d) Any saved overhead or normal expenses not incurred as a result of the incident; and

(e) State, local, and Federal taxes.

DETERMINATION OF LOSS 

Claimant’s Submission to the OSLTF

To support this claim, the Claimant submitted the following documentation:

• Optional OSLTF Claim Form, received 3 Nov. 2011;

• Letter from the Claimant to the GCCF, 8 December 2010;

• Partial Resort Vacation Rentals Customer List;

• Fax Cover Sheet, 3 November 2011;

• GCCF Denial Letter on Interim Payment/Final Payment Claim.

On 7 October 2010, the Claimant presented an Emergency Advance Payment (EAP) Claim to the 

RP/GCCF seeking loss of profits and earnings damages $2,000.00. The Claimant was assigned claimant 

ID 3113654 and the EAP claim was assigned claim #16852.6

 This claim was denied by the RP/GCCF.7

On 4 January 2011, the Claimant presented a First Quarter Interim Payment Claim (ICQ12011) to the 

RP/GCCF seeking loss of profits and wages damages in the amount of $15,000.00.8

 The ICQ12011 was 

assigned claim # 9146010 and was denied by the RP/GCCF.9

On 3 November 2011, the Claimant presented this claim to the NPFC, seeking lost profits damages in the 

amount of $5,000.00.10 Because this claim has first been presented to and denied by the RP/GCCF, 

6 GCCF Claimant Status, accessed on 21 November 2011. 7 GCCF United States Coast Guard Report, 21 November 2011.

8 GCCF United States Coast Guard Report, 21 November 2011.

9 GCCF United States Coast Guard Report, 21 November 2011.

10 Optional OSLTF Claim Form, received on 3 November 2011.

 
presentment requirements under OPA have been met, and the NPFC may fully adjudicate this claim for 

lost profits in the amount of $5,000.00.11

NPFC Determination

Under 33 U.S.C. § 2702(b)(2)(E) and 33 C.F.R. Part 136, a claimant must prove that any loss of income 

was due to injury, destruction or loss of real or personal property or of a natural resource as a result of a 

discharge or substantial threat of a discharge of oil. Under 33 C.F.R. § 136.105(a) and § 136.105(e)(6), 

the claimant bears the burden of providing to the NPFC all evidence, information, and documentation 

deemed necessary by the Director, NPFC, to support this claim.

This claim is denied because the Claimant failed to demonstrate that she sustained an actual financial loss 

as a result of the Deepwater Horizon oil spill.

The Claimant’s submission to the NPFC contains no financial documentation or record of the Claimant’s 

earnings. It also does not contain information sufficient to identify the specific nature of the Claimant’s 

employment at the time of the oil spill. In a letter dated 4 November 2011, and received by the Claimant 

on 12 November 2011, the NPFC requested that the Claimant provide certain financial documentation, 

including copies of federal income tax returns, as well as information regarding the type of work the 

Claimant was engaged in at the time of the oil spill.12 The NPFC requested that the Claimant provide the 

requested additional information within 14 days of the date of the letter. As of the date of this 

determination, the Claimant has not responded to the request.

Based on the information currently before the NPFC, the Claimant has failed to meet her burden to 

demonstrate (1) that she sustained a loss in the amount of $5,000.00, and (2) that the alleged loss is due to 

the injury, destruction or loss of property or natural resources as a result of a discharge or substantial 

threat of a discharge of oil.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 12/6/11

Supervisor’s Action: Denial approved

Supervisor’s Comments: 

11 33 C.F.R. § 136.103(a). 12 NPFC request for additional information, 4 November 2011; Certified Mail # 7011 1570 0001 4802 5350 

delivered on 12 November 2011.