Exxon Mobil Corp. might try to force other oil companies to pay part of the court costs and damages arising from the 1989 Valdez oil spill, and if it does the company can expect a fight, one of Exxon's rivals said in a recent financial disclosure.
London-based BP said Exxon "has indicated that it may file a claim for contributions" against Alyeska Pipeline Service Co., an energy company consortium that runs the 800-mile trans-Alaska oil pipeline and tanker port at Valdez.
In the early days of the spill -- which occurred when an Exxon tanker ran aground in Prince William Sound -- Alyeska handled the cleanup until Exxon took over.
Five companies currently own Alyeska, with BP holding the biggest share at 47 percent. Conoco Phillips holds 28 percent and Exxon 20 percent.
If Exxon does seek to spread costs and damages, "BP will defend the claims vigorously," BP said in a March filing with the U.S. Securities and Exchange Commission.
The statement seems to raise the specter of continuing legal warfare -- and possibly more delay in payment of punitive damages -- in the epic civil case in which thousands of commercial fishermen and others are seeking billions of dollars from Exxon.
The case is awaiting word from the U.S. Supreme Court on whether justices will review it, as Exxon lawyers have requested. As it stands now, the 9th U.S. Circuit Court of Appeals in San Francisco has ordered Exxon to pay $2.5 billion plus interest.
Spokesmen for Texas-based Exxon did not respond Monday to a request for comment on BP's financial disclosure.
An Anchorage lawyer for the fishermen and other plaintiffs said he doesn't think the BP statement means much.
The lawyer, David Oesting, called it "boilerplate" language included in BP's financial disclosure as an overly cautious warning to shareholders of possible claims from Exxon.
In any event, Oesting said, he sees no chance such claims from Exxon could cause further delay in payments to his clients once the Supreme Court either rejects the case or upholds the lower court ruling.
The reason, he said, is because claims against Alyeska were settled in 1993, and Exxon did not appeal for the right to seek contributions from other Alyeska owners.
In Oesting's view, Exxon isn't likely to do so now, and BP is being too cautious in suggesting it in a financial disclosure.
"Somebody at BP isn't doing their homework," he said.
Daren Beaudo, an Anchorage spokesman for BP, said he couldn't say much beyond what was disclosed to the SEC.
"It is pretty clear to me that this is a speculative issue but one where we felt it necessary to make a declaratory statement as part of this routine SEC filing," he said.
A class that now includes about 33,000 commercial fishermen, cannery workers, landowners, Natives, local governments and businesses originally won a $5 billion punitive damages jury verdict against Exxon in 1994 for the 11million-gallon oil spill. They've been trying ever since to preserve and collect the judgment as Exxon has appealed through the courts.
Oesting said Monday he's heard nothing from the Supreme Court, which is the final arena for the case. He has said it's possible the high court could decide perhaps by November whether to take the case.
E-mail Wesley Loy at wloy@adn.com or call 257-4590.
