CERTIFIED MAIL – RETURN RECEIPT REQUESTED 5890/DWHZ 

Number: 7011 1570 0001 4802 8634 17 January 2012 

 

Fowler Plumbing, Inc. 

ATTN: 

P.O. Box 9405 

Mobile, AL 36691 

Re: Claim Number: N10036-1628 

Dear :

The National Pollution Funds Center (NPFC), in accordance with the Oil Pollution Act of 1990, 33 

U.S.C. § 2701 et seq. (OPA) and the associated regulations at 33 C.F.R. Part 136, denies payment on the 

claim number N10036-1628 involving the Deepwater Horizon oil spill. Please see the attached Claim 

Summary/Determination Form for further explanation. 

You may make a written request for reconsideration of this claim. The reconsideration must be received 

by the NPFC within 60 days of the date of this letter and must include the factual or legal basis of the 

request for reconsideration, providing any additional support for the claim. However, if you find that you 

will be unable to gather particular information within the time period, you may include a request for an 

extension of time for a specified duration with your reconsideration request. 

Reconsideration of the denial will be based upon the information provided. A claim may be reconsidered 

only once. Disposition of that reconsideration in writing will constitute final agency action. Failure of 

the NPFC to issue a written decision within 90 days after receipt of a timely request for reconsideration 

shall, at the option of the claimant, be deemed final agency action. All correspondence should include 

claim number N10036-1628. 

Mail reconsideration requests to:

Director (ca)

NPFC CA MS 7100 

US COAST GUARD

4200 Wilson Blvd, Suite 1000 

Arlington, VA 20598-7100 

Sincerely,

Claims Adjudication Division

National Pollution Funds Center

U.S. Coast Guard 

Enclosure: Claim Summary/Determination Form 

U.S. Department of 

Homeland Security

United States

Coast Guard

Director

National Pollution Funds Center

United States Coast Guard

NPFC CA MS 7100

US COAST GUARD

4200 Wilson Blvd. Suite 1000

Arlington, VA 20598-7100

Staff Symbol: (CA)

Phone: 800-280-7118

E-mail: arl-pf-npfcclaimsinfo@uscg.mil

Fax: 202-493-6937
CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1628

Claimant Fowler Plumbing, Inc.

Type of Claimant Corporate (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $113,000.00

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 4 January 2012, Mr. Greg Fowler, on behalf of Fowler Plumbing, Inc. (the Claimant)

presented a claim to the Oil Spill Liability Trust Fund (OSLTF) seeking $113,000.00 in loss of 

profits damages allegedly resulting from the Deepwater Horizon oil spill.1

The Claimant works as a commercial plumber in Mobile, Alabama. On 4 August 2009, the 

Claimant entered into a contract to install plumbing and gas systems throughout a motel that was 

intended to be constructed in Tillman’s Corner, Alabama.2

 The contract stipulated that the work 

was to be completed prior to the oil spill, by 1 March 2010.3

 According to the Claimant and the 

developer of the motel, the project was not completed prior to the oil spill because of problems 

securing sufficient funding.4

A letter from the developer of the motel states, “[t]he reason for the project to be shutdown was 

the bank pulled our funding at the last second, right after the oil spill occurred.”5

The Claimant alleged that due to the cancellation of the project, the Claimant incurred losses in 

the amount of $113,000.00, which he now seeks from the OSLTF.6

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 

1 Optional OSLTF Claim Form, signed on 15 December 2011.

2 Copy of sub-contract between the Claimant and Harvill, Inc., 29 July 2009. 3 Copy of sub-contract between the Claimant and Harvill, Inc., 29 July 2009. 4 PHONECONS: NPFC Staff and Ricky Patel, 9 January 2012; NPFC Staff and the Claimant, 9 January 2012.

5

Letter from Southern Hospitality Group, LLC to the Claimant, 6 December 2011. 6 Optional OSLTF Claim Form, signed on 15 December 2011.

 
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.

(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:

• Letter authorizing communication with accountant, Michael Keenan, 4 January 2012;

• Fax Cover Sheet;

• Optional OSLTF Claim Form, signed on 15 December 2011;

• GCCF Denial Letter on Interim Payment/Final Payment Claim, 8 October 2011;

• GCCF Denial Letter on Interim Payment/Final Payment Claim, 27 May 2011;

• Email from the Claimant to the GCCF, requesting re-review of claim #01185139;

• Letter from Southern Hospitality Group, LLC to the Claimant, 6 December 2011;

• Bid for Best Western Plumbing job, 5 May 2009;

• Copy of sub-contract between the Claimant and Harvill, Inc., 29 July 2009, indicating 

completion of work required by March 1, 2010;

• Attachment A: Harvill, Inc. Insurance Requirements;

• Fowler Plumbing Company, Inc. Profit and Loss Statement, 2008;
• Fowler Plumbing Company, Inc. Profit and Loss Statement, 2009;

• Fowler Plumbing Company, Inc. Profit and Loss Statement, 2010;

• Fowler Plumbing Company, Inc. Profit and Loss Statement, 2011;

• Bar graph showing monthly sales, January – December 2008;

• Bar graph showing monthly sales, January – December 2009;

• Bar graph showing monthly sales, January – December 2010;

• Bar graph showing monthly sales, January – October 2011;

• Bar graph showing monthly sales, 2005 – 2011;

• Bar graph showing monthly sales, January 1, 2008 – October 12, 2011. 

Prior to presentment of this claim to the NPFC, the Claimant submitted a First Quarter Interim 

Payment Claim (ICQ12011) to the RP/GCCF, seeking loss of profits and wages damages.7

 The 

Claimant was assigned Claimant ID 1185139 and the ICQ12011 was assigned claim # 9179836.8

This claim was denied by the RP/GCCF on 7 January 2012.9

 

The Claimant then presented a Full Review Final (FRF) claim to the RP/GCCF.10 The FRF 

claim was assigned claim # 9547644, and as of the date of this determination, remains under 

review with the GCCF.11

On 4 January 2012, the Claimant submitted this claim to the NPFC, seeking loss of profits 

damages in the amount of $113,000.00.12 The NPFC may adjudicate this claim to the extent that 

the damages now before the NPFC were first presented to the RP/GCCF. Any damage amount 

now before the NPFC, which exceeds the amount presented to the RP/GCCF, is denied for 

improper presentment. 13

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.

The Claimant alleged that construction of a motel in Tillman’s Corner, Alabama, was cancelled, 

resulting in the loss of the Claimant’s contract to install plumbing throughout the motel.14 

Specifically, the Claimant alleged that following the oil spill, the developer lost funding for the 

project and was unable to complete the construction. The Claimant alleged that the bank’s 

decision not to fund was prompted by the effects of the Deepwater Horizon oil spill.15

The NPFC contacted the developer of the project, who signed a letter included in the Claimant’s 

submission, in order to determine why the project was cancelled. The letter states that “the bank 

pulled our funding at the last second right after the oil spill occurred.”16 In conversations with 

7 GCCF Clamant Status, accessed on 11 January 2012.

8 GCCF Claimant Status, accessed on 11 January 2012.

9 GCCF Denial Letter on Interim Payment/Final Payment Claim, 7 January 2012. 10 GCCF Claimant Status, accessed on 11 January 2012. 11 GCCF Claimant Status, accessed on 11 January 2012. 12 Optional OSLTF Claim form, signed on 15 December 2011. 13 33 C.F.R. § 136.103(a). 14 Optional OSLTF Claim form, signed on 15 December 2011. 15 Letter from Harvill, Inc. to the GCCF, received on 11 January 2012. 16 Letter from Southern Hospitality Group, LLC to the Claimant, 6 December 2011.

 
the Claimant and the developer of the motel, the NPFC was informed that although construction 

was allegedly cancelled at some point following the Deepwater Horizon oil spill, it had been 

delayed in the months prior to the oil spill, due to the developer’s inability to attain funding. 17

The developer stated that the poor economy was the reason he was unable to secure funding prior 

to the Deepwater Horizon oil spill.18

The NPFC contacted a loan officer at a bank in Mobile who stated that loans for hotel 

construction in Mobile were being disapproved in 2010 due to the generally weak industry and 

the oversupply of hotels in the area.19 The loan officer stated that it was unlikely that the 

inability of the developer to secure a loan was due to concerns associated with the Deepwater 

Horizon oil spill. 20 The NPFC also made several attempts to contact the loan officer who 

actually coordinated with the developer on the project, but emails and calls were unreturned.21

The Claimant has not presented any information that would indicate that the developer’s loss of 

funding was caused by the discharge of oil due to the Deepwater Horizon oil spill, and not by the 

factors that had been delaying the developer’s ability to attain funding in the period leading up to 

the Deepwater Horizon oil spill.

This claim is denied because the Claimant has failed to meet his burden to prove (1) that he 

sustained a financial loss in the amount of $113,000.00, and (2) that the alleged financial loss 

was caused by the discharge of oil due to the Deepwater Horizon oil spill. 

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 1/17/12

Supervisor’s Action: Denial approved

Supervisor’s Comments:

17 PHONECONS: NPFC Staff and Ricky Patel, 9 January 2012; NPFC Staff and Greg Fowler, 9 January 2012. 18 PHONECON: NPFC Staff and Ricky Patel, 9 January 2012. 19 PHONECON: NPFC Staff and Loan Officer, Bankcorps South, 11 January 2012. 20 PHONECON: NPFC Staff and Loan Officer, Bankcorps South, 11 January 2012. 21 The NPFC sent the BBVA Compass Bank loan officer two emails, and made several calls to the loan officer’s 

office and cell phones on 11, 12 and 13 January 2012. None of those calls or emails were returned.