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US faces balancing act over BP sanctions

BP's Hayward thwarts US lawmakers
Washington (AFP) June 17, 2010 - Under fire for the Gulf of Mexico oil spill, BP chief Tony Hayward coolly told angry US lawmakers Thursday he was "not a cement engineer," "not an oceanographic scientist," and not in the loop. Sitting alone at a long witness table 59 days after the disaster struck, he sometimes stammered but never really wavered as lawmakers vainly drilled him for information and protesters with blackened hands cried for justice. Members of a key House committee, the first to hear publicly from Hayward since the April 20 explosion that touched off the catastrophe, increasingly vented their frustrations as he ducked and dodged their questions. "I'm not a cement engineer, I'm afraid," he told one lawmaker. "I'm not an oceanographic scientist," he told another. "I'm not prepared to speculate," he told a third. "I'm not the drilling engineer," a fourth heard. "I'm not stonewalling. I simply was not involved in the decision-making process" aboard the Deepwater Horizon offshore drilling platform before the blast, he said. "I don't mean to be evasive or difficult."

Lawmakers glared at Hayward, who sometimes took sips from a cup of ice water, jotted down quick notes, or adjusted the long, skinny microphone before him, and often scolded him or gave free rein to their irritation. "I'm sitting here thinking I could be a CEO of an oil company. I hear it pays a little bit better than being a member of Congress. Because I've watched you in front of this committee, and you're not able to give us much information on anything here," said Democratic Representative Mike Doyle. Frustration spurred Republican Representative Cliff Stearns to ask "is today Thursday?" -- which Hayward, in a quiet near-mumble, gamely answered: "It is Thursday." And Democratic Representative Bruce Braley jokingly wondered aloud whether a language barrier might be to blame: "I realize that we speak the same language, but it's not always the same language, when we speak English in the United States and English in Great Britain."

Hayward also sat impassively, hands clasped, as a video of widows of those killed aboard the platform demanded retribution, with one saying "this tragedy will not be in vain" if global energy titans are held to account. And if he glimpsed Hollywood star Kevin Costner come into the hearing for a few minutes, or had an emotional response when a lawmaker brandished a framed photograph of an oil-coated pelican, he did not show it. Yet his dark business suit amounted to a corporate hairshirt as he made the show of contrition required by the high political theater, declaring himself "personally devastated" by the deaths of 11 workers aboard the platform. "I am very, very, sorry," he said. "I'm devastated by the accident, absolutely devastated. And I feel great sorrow for the people who have been impacted by it."

But "better people than I were involved in those decisions, in terms of the judgments that were taken. And if our investigation determines that at any time people put costs ahead of safety, then we will take action," said Hayward. "With all due respect, Mr Hayward, I think you're copping out. You're the captain of the ship," chided Republican Representative Phil Gingrey, one of many lawmakers expressing astonishment that the BP chief did not know more. Prodded by Republican Representative Michael Burgess of Texas about the extent of his personal knowledge of the well before the blast, Hayward replied: "With respect, sir, we drill hundreds of wells a year all around the world." "Yes, I know. That's what's scaring me right now," Burgess shot back.
by Staff Writers
Los Angeles (AFP) June 16, 2010
The United States government must perform a careful balancing act as it considers how to sanction BP over the Gulf oil disaster without tipping the energy giant into insolvency, analysts say.

Under intense pressure from President Barack Obama, BP on Wednesday announced the setting up of a 20-billion-dollar fund for spill victims as the company outlined a series of belt-tightening measures to cope with the crisis.

Yet pressure groups and legal experts say BP could be hit with tens of billions of dollars in civil penalties and lost government contracts and may even be barred from operating independently off the US coast altogether.

Robert Weissman, president of the Public Citizen watchdog, urged the government to throw the book at BP -- debarring it from lucrative contracts, banning it from drilling offshore and imposing the heaviest fines possible.

BP was the Pentagon's top fuel supplier in fiscal 2009, accounting for 11.7 percent of its fuel contracts, worth an estimated 2.2 billion dollars. Weissman said it was the kind of contract BP deserved to lose.

"The idea of the statute is 'Should the government be contracting with entities that are going to produce those goods and services in a way that violates the law?" Weissman told AFP.

"You cannot be certain dealing with BP right now that that's not going to happen so there's a very good reason for the government to undertake the debarment."

However Michael Wara, an expert in environmental law at Stanford Law School, cautioned that any debarment would have to be made in the public interest.

"Debarment is not supposed to be used as punishment," he said.

"If they're not a safe operator, if they commit fraud, if they're reckless then the government might consider debarring a firm but they also have to consider the cost to the government of doing so.

"In this case BP is one of the major suppliers of military jet fuel and is the largest domestic of oil and gas within the United States. So debarring BP might have harmful effects for the US economy."

Wara said the Obama administration was likely to have used the prospect of debarment as leverage in talks with BP executives to set up the multi-billion-dollar escrow fund announced Wednesday.

Obama's description of BP as "reckless" in his first Oval Office address on Tuesday was also significant, Wara said, signalling that the administration was ready to punish the company to the fullest extent if necessary.

"President Obama indicated his perspective on what happened when he used the term 'reckless'. I don't think that was accidental," Wara said.

If BP was found to have acted recklessly rather than negligently, the company will be exposed to civil liabilities far in excess of the existing multi-million dollar cap, Wara said.

"If they're reckless, that's quite a bit worse than negligent." Civil fines under the Clean Water Act could reach 10 billion dollars, Wara added.

Oil industry groups are urging for any penalties by the US government to take into account BP's status as an employer of 23,000 people.

"Our hope is that no matter what actions are taken it's done in an informed manner and recognizes the jobs that are created," Erik Milito, an official with the American Petroleum Institute, told National Public Radio.

The Obama administration had a vested interest in ensuring BP survived as an entity in order to continue to foot the bill for clean-up costs, compensation and restoration for years to come, Wara added.

"They have to be careful in balancing the sanction," he said. "The United States has a real interest in keeping BP and BP America around as viable deep pockets from which to extract money."

Weissman said he feared that BP might "jump into bankruptcy" to escape its debts rather than be pushed into bankruptcy.

"It's why the demand to put the money in escrow is a good one," he said. "Because there are very serious reasons to be concerned about maneuvers BP may undertake over time to avoid paying all that it owes."



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