Lamar McKay, former president of BP America and current chief executive of BP's Upstream unit, leaves Federal Court after testifying in New Orleans, Tuesday, Feb. 26, 2013. McKay, who was president of BP America at the time of the Deepwater Horizon disaster, became the first BP executive to testify at the federal trial intended to identify the causes of BP's Macondo well blowout and assign percentages of blame to the companies involved. (AP Photo/Gerald Herbert)
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Lamar McKay, former president of BP America and current chief executive of BP's Upstream unit, leaves Federal Court after testifying in New Orleans, Tuesday, Feb. 26, 2013. McKay, who was president of BP America at the time of the Deepwater Horizon disaster, became the first BP executive to testify at the federal trial intended to identify the causes of BP's Macondo well blowout and assign percentages of blame to the companies involved. (AP Photo/Gerald Herbert)
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Lamar McKay, former president of BP America and current chief executive of BP's Upstream unit, left, leaves Federal Court after testifying in New Orleans, Tuesday, Feb. 26, 2013. McKay, who was president of BP America at the time of the Deepwater Horizon disaster, became the first BP executive to testify at the federal trial intended to identify the causes of BP's Macondo well blowout and assign percentages of blame to the companies involved. (AP Photo/Gerald Herbert)
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CORRECTS DATE TO TUESDAY, FEB. 26 - Lamar McKay, former president of BP America and current chief executive of BP's Upstream unit, leaves Federal Court after testifying in New Orleans, Tuesday, Feb. 26, 2013. McKay, who was president of BP America at the time of the Deepwater Horizon disaster, became the first BP executive to testify at the federal trial intended to identify the causes of BP's Macondo well blowout and assign percentages of blame to the companies involved. (AP Photo/Gerald Herbert)
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Lamar McKay, former president of BP America and current chief executive of BP's Upstream unit, leaves Federal Court after testifying in New Orleans, Monday, Feb. 25, 2013. McKay testified Tuesday that BP and its contractors share responsibility for preventing blowouts like the Macondo well blowout and rig explosion off Louisiana that killed 11 workers on April 20, 2010, spawning the massive spill. (AP Photo/Bill Haber)
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With billions of dollars at stake, the trial to figure out how much more BP and other companies should pay for the nation's worst offshore oil spill began Monday in New Orleans. (Feb 25)
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FILE - In this June 12, 2010 file photo, crude oil from the Deepwater Horizon oil spill washes ashore in Orange Beach, Ala. The U.S. Justice Department and the five Gulf coast states most affected by a massive 2010 oil spill have all indicated they would like to reach a settlement on civil claims against BP PLC that would avoid a trial scheduled to start next week. (AP Photo/Dave Martin, File)
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FILE -In this Wednesday, May 5, 2010 file photo, A shrimp boat is used to collect oil with booms in the waters of Chandeleur Sound, La. The U.S. Justice Department and the five Gulf coast states most affected by a massive 2010 oil spill have all indicated they would like to reach a settlement on civil claims against BP PLC that would avoid a trial scheduled to start next week. (AP Photo/Eric Gay)
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FILE - This Wednesday, April 21, 2010 file photo shows oil in the Gulf of Mexico, more than 50 miles southeast of Venice on Louisiana's tip, as a large plume of smoke rises from fires on BP's Deepwater Horizon offshore oil rig. An April 20, 2010 explosion at the offshore platform killed 11 men, and the subsequent leak released an estimated 172 million gallons of petroleum into the gulf. (AP Photo/Gerald Herbert, File)
BP warns of rising costs from spill settlement
NEW ORLEANS (AP) — BP is warning investors that the price tag will be "significantly higher" than it initially estimated for its multibillion-dollar settlement with businesses and residents who claim the 2010 oil spill in the Gulf of Mexico cost them money.
The London-based oil giant estimated last year that it would spend roughly $7.8 billion to resolve tens of thousands of claims covered by the settlement agreement. But in a regulatory filing this week, BP PLC said businesses' claims have been paid at much higher average amounts than it had anticipated.
The company also said it can't reliably estimate how much it will pay for unresolved business claims following a ruling Tuesday by the federal judge supervising the uncapped settlement. U.S District Judge Carl Barbier rejected BP's interpretation of certain settlement provisions.
Barbier upheld claims administrator Patrick Juneau's interpretation of settlement terms that govern how businesses' pre- and post-spill revenue and expenses — and the time periods for those dollar amounts — are used to calculate their awards.
BP had argued that Juneau's interpretation would lead to "absurd results" and "false positives," but the judge said the settlement agreement anticipated that "such results would sometimes occur."
"Objective formulas, the possibility of 'false positives,' and giving claimants flexibility to choose the most favorable time periods are all consequences BP accepted when it decided to buy peace through a global, class-wide resolution," Barbier wrote.
BP spokesman Geoff Morrell said the company believes the way Juneau is processing business economic loss claims is "contrary to the agreement."
"His approach has produced unjustified windfall payments to numerous business claimants," Morrell said in a statement, adding that BP will pursue "all available legal options" to challenge Barbier's decision.
BP already had revised its estimate for the total cost of the settlement before Barbier's ruling, saying earlier this year that it expected to pay $8.5 billion instead of the $7.8 billion it estimated when it first cut the deal.
In this week's regulatory filing, the company said it has been analyzing the processing of recent claims to determine if they can be used to predict future claims, but concluded it can't.
Excluding business claims that Juneau hasn't received or processed yet, the company now estimates it will pay $7.7 billion to resolve the rest of the claims covered by the settlement.
"If BP is successful in its challenge to the court's ruling, the total estimated cost of the settlement agreement will, nevertheless, be significantly higher than the current estimate of $7.7 billion because business economic loss claims not yet received or processed are not reflected in the current estimate and the average payments per claim determined so far are higher than anticipated," the company said.
Barbier also is presiding over a non-jury trial designed to determine the causes of BP's April 2010 well blowout and assign percentages of fault to the companies involved in the disaster, which killed 11 workers and spawned the nation's worst offshore oil spill.
The trial, which opened Feb. 25 and is scheduled to resume Monday, could last several months if BP doesn't settle separate claims by the federal government and Gulf states over environmental and economic damage from the spill.
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