Maximising Economic Recovery: A New Approach to Regulating the UK's Offshore Oil and Gas Industry

Maximising Economic Recovery: A New Approach to Regulating the UK's Offshore Oil and Gas Industry

Maximising Economic Recovery: A New Approach to Regulating the UK's Offshore Oil and Gas Industry

Maximising Economic Recovery: A New Approach to Regulating the UK's Offshore Oil and Gas Industry

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Overview

The regulatory regime encapsulated in the term ‘maximising economic recovery’ or MER, now administered by the North Sea Transition Authority (NSTA), was introduced in 2015. It emerged from a government-commissioned report by Sir Ian Wood, published in 2014, which recommended the introduction of a new tripartite strategy for MER from the UKCS involving HM Treasury, industry and a new regulator at arm’s length from government.

This was intended to address the problems of an ageing basin in which smaller discoveries meant new fields were more marginal and interdependent than in the past. An increasingly diverse set of companies operating these smaller, more interconnected fields resulted in greater competition for ageing infrastructure and required increased collaboration between operators to ensure that fields remain economical. These factors, coupled with growing competition for investment from outside the UK, had led to significant falls in production, production efficiency and exploration.

The new approach requires regulated persons active in UKCS operations to seek to maximise economic recovery not just from their own assets but across the basin and therefore requires unprecedented levels of collaboration. It has also resulted in a far more hands-on regulator seeking to use both influence and enforcement to radically alter the culture of the UKCS.

This book is not a complete guide to oil and gas industry regulation in the UK; instead, it is specific to the MER UK regime. It describes the legislative changes that introduced the regime, the nature of the NSTA, and how it uses ‘soft power’ to achieve many of its aims. It also describes the regulatory tools at the NSTA’s disposal including the nature of the OGA Strategy and how this can be enforced through sanctions, the right to attend a wide range of industry meetings, request vast amounts of industry data and to get involved in industry disputes. It also discusses the increasing focus of the NSTA on the energy transition.

This book will be of interest to legal practitioners active in energy law whether in private practice or in house, academics and students with an interest in energy regulation and regulators looking at the UKCS as a model for other jurisdictions.


Product Details

ISBN-13: 9781787429703
Publisher: Globe Law And Business
Publication date: 07/15/2023
Pages: 296
Product dimensions: 6.46(w) x 9.23(h) x 0.85(d)

Table of Contents

Foreword 7Andy Samuel, CBEChief executive, North Sea Transition Authority (2015 to end-2022) 1. Introduction 11 2. Background 131. The Wood Review process 132. Overview of MER UK 20 3. How the OGA works 271. The nature of the OGA 272. Relationship to government 283. Transfer of statutory powers to the OGA 334. Directions by the Secretary of State 345. Review of OGA’s performance by the Secretary of State 346. Funding 357. Power and discretion 398. Culture 409. Structure 44 4. The OGA Strategy 471. Background 472. The principles 483. The central obligation (paragraph 2 of the OGA Strategy) 504. Supporting obligations 555. Required actions 666. Safeguards 697. Relationship between MER UK and contracts 74 5. The OGA as influencer 771. Overview 772. Commissioning of seismic acquisition and other research 783. Publication of data 814. National Data Repository (NDR) 845. Energy Pathfinder 876. Analysis and publication of one-off reports 877. Benchmarking and setting of KPIs 888. Promotion of best practice 949. Engagement with industry 9910. Cultural change 102 6. Asset stewardship 1051. Asset stewardship in the Wood Report 1052. Asset stewardship obligation 1073. Asset Stewardship Strategy 1084. Asset Stewardship Expectations and guidance 1125. What is the status of the Asset Stewardship Expectations? 1166. Asset Stewardship Survey 1167. Tiered Stewardship Reviews 1188. Area Plans 1219. Supply Chain Action Plans 125 7. Meetings 1291. Introduction 1292. Relevant meetings 1293. The OGA’s powers in relation to relevant meetings 1304. Provision of information regarding meetings 1305. Meetings Statutory Notice 1326. Thematic review 136 8. Non-binding dispute resolution 1371. Introduction 1372. Overview of the OGA’s powers in respect of disputes 1373. Power to gather information 1394. The OGA’s Dispute Resolution Guidance 1435. The process 1446. Process where reference accepted 1537. Recommendations 1568. Examples in practice 1579. Appeals 158 9. Information and samples 1591. Background 1592. Overview of the 2016 Act provisions 1603. Information and samples plans (ISPs) 1624. ISP Guidance 1645. Information and samples coordinator (ISC) 1656. ISC Guidance 1667. Retention of information and samples 1678. Reporting 1709. Disclosure by OGA 174 10. Measured escalation and investigation 1811. Background 1812. The OGA’s general approach 1823. Facilitation/enhanced facilitation 1844. Enquiries (prior to November 2022) 1855. Initial Assessment (post-November 2022) 1936. Investigations 1967. Mediation Pilot 202 11. Sanctions 2071. Sanctions in the context of the OGA’s activities 2072. Circumstances where sanctions may be imposed 2073. Sanction Warning Notices 2094. Sanction Notices generally 2105. Types of sanctions 2116. Enforcement Notice 2127. Financial Penalty Notice 2138. Revocation Notice 2179. Operator Removal Notice 21710. Withdrawal of Sanction Notice 21811. Appeals in relation to Sanction Notice 21812. Publication of Sanction Notice 22013. Sanctions in practice 221 12. MER UK and energy transition 2231. Background 2232. The UK and energy transition 2253. The OGA and energy transition: policy development 2274. The OGA and energy transition: key actions 2325. The OGA and energy transition: next steps 242 13. OGA and third-party access 2451. Overview 2452. Third-party access in the OGA Strategy 2463. MER UK and ICoP 2464. OGA powers to set terms of access 2475. Applications under the Energy Act 2011 254 14. MER UK and competition law 2571. Overview of UK competition law 2572. Guidance on information exchange 2583. Collaboration on the UKCS 2584. The role of the CMA in the development of MER 2605. The OGA Guidance 2636. Application of competition rules to MER UK 2647. Potential solutions to competition law issues 266 15. Decommissioning 2691. Decommissioning in the Wood Report 2692. Responsibility for regulating decommissioning 2703. Changes to the Petroleum Act 1998 in relation to decommissioning 2714. The OGA Strategy and decommissioning 2735. OGA Guidance 2746. Decommissioning and Repurposing Taskforce 2757. Cost reduction 2768. Decommissioning microsite 2789. Decommissioning Data Visibility Project 278 Glossary 279 Index 283 About the authors 293 About Globe Law and Business 295
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