- Associated Press - Wednesday, February 2, 2011

NEW ORLEANS (AP) — The Gulf of Mexico should largely recover from BP’s oil spill within three years, and all settlement offers to victims who lost revenue from the disaster will be based on that assessment, the administrator of the $20 billion compensation fund said Wednesday.

Attorney Kenneth Feinberg, the administrator, said the Gulf Coast Claims Facility used “various data and expert reports” to determine that a 30 percent recovery is likely in 2011 with full recovery in 2012. He noted, however, that oyster harvesting will take longer.

The fund was set up by BP PLC in August to compensate residents, fishermen and business owners for lost revenue following BP’s oil-well blowout off Louisiana. It so far has paid about $3.3 billion to 168,000 claimants, but many are still waiting for any money, and thousands of others claim they were shortchanged. About half of the total 485,000 claims filed have been denied because of ineligibility or lack of documentation.

Mr. Feinberg has faced repeated criticism about the slow pace of payments and the small size of checks to victims.

He announced his draft proposal on Wednesday for how final settlements will be paid, based on the recovery assessment. Under the proposal, claimants will receive twice their documented 2010 losses. Oyster harvesters will be offered four times their documented 2010 losses.

Documents released by Mr. Feinberg on Wednesday show he based the assessment largely on expert reports from a Texas professor and a consulting firm to determine the long-term impacts on seafood harvests, the tourism industry and the overall Gulf economy.

“I think I have canvassed the universe,” Mr. Feinberg said.

A two-week public comment period runs through Feb. 16 to give people an opportunity to comment on the payment proposal before it is made final.

Mississippi seafood processor Keath Ladner hasn’t been paid a dime on his roughly $1.7 million claim. He is one of the largest processors in the state, taking in seafood from about 70 boats.

He’s considering suing and calls Mr. Feinberg’s assessment of recovery a guessing game.

“It’s just all uncertain. We still don’t know how long it will take perceptions to heal across the country,” Mr. Ladner said. “We may have certain species come back within a few years, but that doesn’t mean the nation is going to feel safe buying it.”

Mr. Feinberg acknowledged that nothing is certain, but he agreed with the assessment that recovery is at least likely in 2012.

“I am comfortable with what I am doing today,” he said. “Nobody is required to take a final payment. If people think I am wrong, I urge them to opt for the interim payment.”

Those who aren’t ready to take a final settlement can file instead for interim quarterly payments through August 2013, provided they can show proof of continued losses. Claimants also can file for a quick one-time cash payment of $5,000 for individuals and $25,000 for businesses, but they would have to give up their right to more money or to sue any responsible party. The same release is required for a final settlement. About 90,000 people have taken the quick cash. About 92,000 claimants so far are seeking final settlements.

Early on, the process first allowed for claimants to seek six-month emergency payments to help keep them afloat, but many weren’t satisfied with what they received and felt the requirements were too cumbersome.

Under the new guidelines for final settlements, those documentation requirements would be even “more rigorous and exacting than the minimal documentation” previously required, according to the draft methodology.

Tony Kennon, mayor of Orange Beach, Ala., a tourist town hit particularly hard by the spill, called the new requirements “absolutely astounding.”

“We have businesses handing in 2,000 pages of documents. How much more rigorous can you get other than handing over your firstborn,” Mr. Kennon said. “The strategy continues to minimize BP’s payout.”

Mr. Feinberg repeatedly has said he is operating the fund independent of BP’s influence. However, of the 92,000 claimants who already have filed for a final settlement, only one company has been paid, and that was after BP intervened.

BP called it a “a unique situation” when it sought a $10 million payment from the fund for a business associate, which Mr. Feinberg paid. He later told the Associated Press that that claim was never reviewed by the GCCF. BP reached an outside settlement with the business and told Mr. Feinberg to make the payment. BP would not disclose the name of the business, citing confidentiality.

Mr. Feinberg’s law firm has been paid $850,000 a month for its work on the fund but currently is negotiating a new payment structure to manage it through August 2013.

He said he is mindful of the criticism but he believes the program and his final payment methodology are fair.

“The money is moving freely,” Mr. Feinberg said.




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