CLAIM SUMMARY I DETERMINATION ON RECONSIDERATION 

Claim Number: 

Claimant: 

Type of Claimant: 

Type of Claim: 

Claim Manager: 

Amount Requested: 

Incident: 

N 14026-0003 

BW Green Carriers AS 

CORPORATION 

Loss of Profits and Impairment of Earnings Capacity 

.... 

On March 22, 2014, at about 1235 central daylight time, the Tug MISS SUSAN was pushing two 

barges from Texas City to Port Bolivar on the eastern side of the Houston Ship Channel. The 

bulk carrier MN SUMMER WIND with a Houston pilot on board was headed north, inbound 

from the Gulf of Mexico toward Houston. The SUMMER WIND and the forward barge, KIRBY 

27706, collided in the Houston Ship Channel causing a discharge from the barge. The barge 

discharged heavy marine fuel oil into Lower Galveston Bay at the Texas City Y, the intersection 

of the Texas City Ship Channel and the Houston Ship Channel. Coast Guard Marine Safety Unit 

Texas City initially responded. On the same day, the CG closed the Houston Ship Channel, the 

Texas City Ship Channel, and the Intracoastal Waterway in the area. The waterways were 

reopened to commercial traffic in the early afternoon on March 25, 2014. 

The identified responsible party (RP) is KIRBY INLAND MARINE LP (Kirby or RP), as owner 

and operator of the KIRBY 27706. 

Claimant: 

The Claimant, BW Green Carrier AS (Claimant or BW), is the owner of the BW Maple, a gas 

carrying tanker operating between Houston to Cristobal under a voyage charter party dated 

March 7, 2014. 

RP Presentment: 

By letter dated June 19, 2014, Counsel for Kirby Maritime, , on behalf of Stepp 

& Sullivan, P.C., contacted the Claimant's Counsel, requesting additional information in 

response to the Claimant contacting ~dent's claim telephone hotline. 1 In response to 

this letter, on behalf of the Claimant~ontacted the RP by letter dated January 27, 

2015, seeking $188,354.99 in damages and expenses. No supporting documentation was 

provided. BW Green Carrier AS then submitted its claim for the lesser amount of $187,844.24 

to the Oil Spill Liability Trust Fund (OSLTF or Fund).2 The claim was submitted via letter dated 

December 15, 2016, and received by the NPFC on December 21, 2016. 

1 See email from~rawford & Co., to Counsel, dated June 9, 2014. 

2 The Claimant also submitted a c~~ount of$142,533.34 in the instance that the higher cl~im 

amount is denied. See letter from~ordisk Legal Services, t~ Stepp & Sullivan, 

and P.C. (RP) dated January 27, 2015. 

2 
Procedural History 

On February 21, 2017, the NPFC received a phone call from associate of 

Kirby Maritime, stating that Kirby recently submitted an offer to the Claimant and is now 

waiting on its response.3 On March 28, 2017, the NPFC received notice that Kirby settled BW's 

claim for damages and BW released Kirby from all claims and liability relating to the inci(lent.4 

DETERMINATION: 

Since the Claimant notified the NPFC that it reached settlement of its claim with Kirby on March 

21, 2017, BW no longer seeks reimbursement oflosses from the OSLTF. In supplying its notice 

of settlement to the NPFC, the Claimant also provided copies of the documents finalizing the 

settlement with the RPs.5 Having been fully compensated for its losses, the claimant fully 

released the Responsible Party of all damages resulting from this incident. As a result, BW no 

longer has a compensable claim before the Fund. Therefore, the NPFC denies the claim. 

Claim Supervisor: 

Date of Supervisor's review: 03/29/2017 

Supervisor Action: Denial Approved 

Supervisor's Comments: 

3 See phone record between RP, and 

2017. 

4 See email from Claimant, to 

5 See Receipt, Re ease, an In emmfication Agre I • 'I' I 

3 

NPFC, dated February .21, 

NPFC, dated March 28, 2017. 

17.