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CLAIM SUMMARY / DETERMINATION1 

Claim Number: UCGPJ17014-URC001 

Claimant: Alaska Department of Environmental Conservation, Spill Prevention & 

Response 

Type of Claimant: STATE

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $328.85

Action Taken: Denial

EXECUTIVE SUMMARY:: 

On June 27, 2017, Marine Safety Detachment Ketchikan (MSD Ketchikan or FOSC) received 

notification from United States Coast Guard (USCG) Sector Juneau Command Center (SCC Juneau) that 

the fishing vessel, F/V VERA MARIE, was taking on water at its place of anchorage near the Northern 

tip of Pennock Island and was at risk of sinking.

2 At 2041 hours, F/V VERA MARIE sank at its 

previously reported place of anchorage.3 SCC Juneau reported a 20' x 30' sheen released from F/V VERA 

MARIE into the waters of the Tongass Narrows; a navigable waterway of the United States.4 The Federal 

On Scene Coordinator (FOSC) identifed ; owner/operator of F/V VERA MARIE, as the 

responsible party (RP), as defined by the Oil Pollution Act of 1990.5

On June 28, 2017, MSD Ketchikan federalized the cleanup operation under FPN J17014 and hired 

Power Systems & Supplies of Alaska, LLC., (Power Systems or OSRO) to remove the oil substance from 

the waterway and dispose of any waste associated with the spill incident.6 MSD Ketchikan subcontracted 

Alaska Commercial Divers to send divers to remove any additional oil or threat of pollution from the 

vessel, and on June 28, 2017, divers completed their operations, reporting no recoverable oil products.7

During the FOSC’s investigation and recovery operations, Alaska Department of Environmental 

Conservation, Spill Prevention & Response (ADEC or Claimant) opened a case on the spill incident, 

making a series of phone calls to MSD Ketchikan and uploading various data relevent to the F/V VERA 

1 This determination is written for the sole purpose of adjudicating a claim against the Oil Spill Liability Trust Fund 

(OSLTF). This determination adjudicates whether the claimant is entitled to OSLTF reimbursement of claimed 

removal costs or damages under the Oil Pollution Act of 1990. This determination does not adjudicate any rights or 

defenses any Responsible Party or Guarantor may have or may otherwise be able to raise in any future litigation or 

administrative actions, to include a lawsuit or other action initiated by the United States to recover the costs 

associated with this incident. After a claim has been paid, the OSLTF becomes subrogated to all of the claimant’s 

rights under 33 U.S.C. § 2715. When seeking to recover from a Responsible Party or a Guarantor any amounts paid 

to reimburse a claim, the OSLTF relies on the claimant’s rights to establish liability. If a Responsible Party or 

Guarantor has any right to a defense to liability, those rights can be asserted against the OSLTF. Thus, this 

determination does not affect any rights held by a Responsible Party or a Guarantor. 2 SITREP-1 and Final updated August 23, 2017. 3 Id. 4 Notice of Federal Interest dated August 23, 2017, and Warning in Lieu of Civil Penalty signed September 8, 2017. 5 33 U.S.C. § 2701(32).

6 SITREP-1 and Final updated August 23, 2017. 7 SITREP-1 and Final updated August 23, 2017.

(b) (6) (b) (6)

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Recovery Operations

On June 28, 2017, MSD Ketchikan federalized the cleanup operation under FPN J17014 and hired 

Power Systems to remove the oil substance from the waterway and dispose of any waste associated with 

the spill incident.22 At appoximately 0600 hours, MSD Ketchikan arrived back on scene and reported 

minimal, unrecoverable quantities of weathered diesel present in multiple locations along both the 

shoreline of Pennock Island and along a floating dock in the Tongass Narrows.23 MSD Ketchikan found 

no sign of the 2 55-gallon drums, or any other contaminated debris from the vessel. Using downscan 

imaging, investigators determined the F/V VERA MARIE’s location to be 55 degrees 20’.083 North, 131 

degrees 39’.596 West.24

Through Power Systems, MSD Ketchikan subcontracted Alaska Commercial Divers to deploy divers 

to remove any additional oil or threat of pollution from the vessel. At 1600 hours, divers completed their 

operations, reporting no recoverable oil products.25

During recovery operations, ADEC made a series of phone calls to MSD Ketchikan.26 On June 28, 

2017, ADEC opened a case on the spill incident. Between June 28, 2017 and June 29, 2017, ADEC 

entered data regarding the F/V VERA MARIE’s sinkage into their database.

27 ADEC closed the case on 

August 9, 2017, noting the FOSC had fully mitigated the spill.28 

II. CLAIMANT AND NPFC:

On May 30, 2023, the NPFC received a claim for $328.85 from ADEC.

29 ADEC provided the NPFC 

with an OSLTF claim form, ADEC Spill Summary Report #1711917802, emails between ADEC and 

Alaska Department of Natural Resources (ADNR), Coding Request information, a costs statement, 

Invoice #SPR-157094, and the NRC Report #1182496.

30

On June 8, 2023, the NPFC requested additional information from ADEC relative to their costs 

claimed.

31 On May 19, 2023, ADEC replied to the NPFC’s request, providing their billing rates for Fiscal 

Year 2017.

32 

III. DETERMINATION PROCESS:

 The NPFC utilizes an informal process when adjudicating claims against the Oil Spill Liability Trust 

Fund (OSLTF).33 As a result, 5 U.S.C. § 555(e) requires the NPFC to provide a brief statement explaining 

its decision. This determination is issued to satisfy that requirement.

22 SITREP-1 and Final updated August 23, 2017. 23 MISLE Case Id: 1085903 Incident Investigation – General Information Summary, dated June 27, 2017. 24 MISLE Case Id: 1085903 Incident Investigation – General Information Summary, dated June 27, 2017. 25 SITREP-1 and Final updated August 23, 2017. 26 ADEC claim submission received May 30, 2023 Attachment D: Invoice SPR-157094, page 1 of 2. 27 ADEC claim submission received May 30, 2023 Attachment A: ADEC spill summary report 17119917802, pages 

1-2 of 2. 28 ADEC claim submission received May 30, 2023 Attachment A: ADEC spill summary report 17119917802, page 

2 of 2.

29 ADEC claim submission emailed to NPFC on May 26, 2023. 30 ADEC claim submission recieved May 30, 2023. 31 NPFC email to Claimant dated June 8, 2023. 32 ADEC email to NPFC dated June 8, 2023. 33 33 CFR Part 136.
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 When adjudicating claims against the OSLTF, the NPFC acts as the finder of fact. In this role, the 

NPFC considers all relevant evidence, including evidence provided by claimants and evidence obtained 

independently by the NPFC, and weighs its probative value when determining the facts of the claim.34

The NPFC may rely upon, is not bound by the findings of fact, opinions, or conclusions reached by other 

entities.35 If there is conflicting evidence in the record, the NPFC makes a determination as to what 

evidence is more credible or deserves greater weight, and makes its determination based on the 

preponderance of the credible evidence.

IV. DISCUSSION: 

 An RP is liable for all removal costs and damages resulting from either an oil discharge or a 

substantial threat of oil discharge into a navigable water of the United States.36 An RP’s liability is strict, 

joint, and several.37 When enacting OPA, Congress “explicitly recognized that the existing federal and 

states laws provided inadequate cleanup and damage remedies, required large taxpayer subsidies for 

costly cleanup activities and presented substantial burdens to victim’s recoveries such as legal defenses, 

corporate forms, and burdens of proof unfairly favoring those responsible for the spills.”38 OPA was 

intended to cure these deficiencies in the law.

OPA provides a mechanism for compensating parties who have incurred removal costs where the 

responsible party has failed to do so. Removal costs are defined as “the costs of removal that are incurred 

after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of 

oil, the costs to prevent, minimize, or mitigate oil pollution from an incident.”39 The term “remove” or 

“removal” means “containment and removal of oil [...] from water and shorelines or the taking of other 

actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, 

but not limited to fish, shellfish, wildlife, and public and private property, shorelines, and beaches.”40

The NPFC is authorized to pay claims for uncompensated removal costs that are consistent with the 

National Contingency Plan (NCP).41 The NPFC has promulgated a comprehensive set of regulations 

governing the presentment, filing, processing, settling, and adjudicating such claims.42 The claimant bears 

the burden of providing all evidence, information, and documentation deemed relevant and necessary by 

the Director of the NPFC, to support and properly process the claim.43

 Before reimbursement can be authorized for uncompensated removal costs, the claimant must 

demonstrate by a preponderance of the evidence:

(a) That the actions taken were necessary to prevent, minimize, or mitigate the effects of the incident;

34 See, e.g., Boquet Oyster House, Inc. v. United States, 74 ERC 2004, 2011 WL 5187292, (E.D. La. 2011), “[T]he 

Fifth Circuit specifically recognized that an agency has discretion to credit one expert's report over another when 

experts express conflicting views.” (Citing, Medina County v. Surface Transp. Bd., 602 F.3d 687, 699 (5th Cir. 

2010)). 35 See, e.g., Use of Reports of Marine Casualty in Claims Process by National Pollution Funds Center, 71 Fed. Reg. 

60553 (October 13, 2006) and Use of Reports of Marine Casualty in Claims Process by National Pollution Funds 

Center 72 Fed. Reg. 17574 (concluding that NPFC may consider marine casualty reports but is not bound by them). 36 33 U.S.C. § 2702(a). 37 See, H.R. Rep. No 101-653, at 102 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780. 38 Apex Oil Co., Inc. v United States, 208 F. Supp. 2d 642, 651-52 (E.D. La. 2002) (citing S. Rep. No. 101-94 

(1989), reprinted in 1990 U.S.C.C.A.N. 722). 39 33 U.S.C. § 2701(31). 40 33 U.S.C. § 2701(30). 41 See generally, 33 U.S.C. § 2712 (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136. 42 33 CFR Part 136. 43 33 CFR 136.105.