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BP Business Economic Loss Claim Appeal 2017-620:P.O. Boxes and Zip Codes Are “Unknown” In Application of Customer Revenue Mix Test

The following is an Appeal Panel Decision issued pursuant to Section 6 of the BP Deepwater Horizon Economic & Property Damages Settlement Agreement and the Rules Governing the BP Appeals Process. Links may have been added to assist the reader. The original decision may be found here, as well as a glossary of BP Settlement terms

Claimant is a tobacco retailer operating in Tampa, Florida, Zone C. The Administrator determined it did not pass causation under Exhibit 4B although it did pass the Decline -Only Revenue Pattern Test, but the Calculation Notes show it did not prove a decline of greater than 10% of total revenue from non-local customers from May-July 2010 compared to May-July 2009, nor did it prove a decline of more than 10% in total revenues from customers in Zones A-C as Policy 345 requires.
Claimant argues that the Policy is unfair and an abuse of discretion but that argument has failed numerous times. Appeal Panel Decisions have held it is fair and is
consistently applied. The Policy states clearly that customers identified by Post Offices boxes and zip codes shall be treated as unknown and the revenues from those customers shall be excluded. The NAICS code for tobacco stores is not listed in Exhibit 2 and the Claimant fails to prove it should have been designated as a tourism
business. The appeal is denied.

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