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Gulf index still shows oil permits behind
By Debbie Glover
St. Tammany News
Before oil spill, deep water drilling permits were being issued at a rate of an average of 7 per month. Today, only 4 are being issued on average a month.
Things are not much better for shallow water permits. While an average of 7.3 permits are being issued a month, about 14.7 permits per months were issued before the oil spill.
In addition, the number of days it is taking for a plan to be approved is now 115, compared to the historical average of 61 days. All deep-water plans that include any type of drilling activity must now undergo an environmental assessment process; for those plans requiring them in 2011, the average approval time is 235 days, significantly higher than the overall average approval time. Additionally, in 2011, 37 percent of plans submitted to BOEMRE are being approved, or about half of the historical 73.4 percent approval rate. At a St. Tammany West Chamber of Commerce meeting earlier this year, Sam Giberga, senior vice president and general counsel of Hornbeck Offshore Service said the typical cost of a well is $120 million. The success rates of wells is about 15 percent. “You’ve got to drill a lot wells to get oil,” said Giberga.
“Companies are dying every day,” he said. “Each barrel of oil that is used has to be replaced and it is getting harder and more expensive to replace it.” Giberga said that from the first leasing of the territory to a working, producing drilling rig is about five years. Plans must be approved, testing and explorations are done long before the rig is built. Therefore, even though the statistics that are released show a permit has been issued, this does not mean a rig will suddenly appear and produce oil.
In fact, some of those permits that have been given since the moratorium was declared over last October are permits that are being re-issued from last year, not new wells that can drill that day and oil will flow. Since last October, only four drilling plans have been approved. There is a backlog of plans pending approval for both deepwater and shallow water in exploration and development.
With the new regulations that have been issued by the executive branch, new sources of conflict are arising because of environment assessments that are now required for all permits, spurring environmental groups for the first time regarding drilling in the Gulf of Mexico.
There is a lot of confusion over the new regulations. “There exists now a cloud over the industry. Do we need to rebuild existing structure? What kinds of adjustment must be made? Other questions entering the minds of the industry are what’s coming into the future?” asked Giberga. When so much capital is needed prior to realizing any return, companies are asking if it’s worth it.
The lack of drilling is also affecting other industries. “Shutting down rigs has caused a ripple effect,” said Giberga. “There is a web of infrastructure that depends upon this industry, and if the assets leave, they won’t be coming back… There is a direct threat to companies and the country at large.”
Sadly, many states around the country still don’t understand the plight of the industry in the Gulf. For one thing, Giberga confirmed that it is true that other countries are drilling in areas of the Gulf not regulated by the United States. In other words, drills from Mexico, Venezeula and other countries can drill in other parts of the Gulf and could cause a spill due to lack of safety or poor decisions that would still effect the United States’ coastlines, not to mention the economy.
The affects of the new regulations on permits and plans and the long range energy economy will be seen for many years to come. Meanwhile, the permits are being approved—very slowly.
Related articles
- Offshore Vessel Operators Suffer As Gulf Oil Output Sags (mb50.wordpress.com)
- Push for permits in Gulf of Mexico (mb50.wordpress.com)
- Obama’s obligation to free up Gulf oil (mb50.wordpress.com)
- Feds approve Murphy drilling project using Helix emergency equipment (mb50.wordpress.com)
Breaking Precedent: Oil Firms Face Liability Protection Challenges
HOUSTON —The U.S. government broke precedent by issuing citations to contractors Halliburton Co. and Transocean Ltd. in the Deepwater Horizon oil spill, along with rig operator BP PLC.
While now facing greater scrutiny from regulators, contractors in the oil-service industry have considerable liability protection to fight the citations and any subsequent fines, legal experts say. They also have enough market muscle to strengthen liability protection in their contracts with oil companies.
Previously, U.S. regulators have held the rig operator responsible for whatever happens under its watch. The operator hired contractors, who perform drilling, seismic or cementing operations and whose contracts protected them from any liability.
That was upended by the Deepwater Horizon mishap in April 2010, which resulted in 11 deaths, the biggest accidental marine oil spill in history, and tens of billions of dollars in costs. BP said blame also falls on Halliburton, which was in charge of cementing the failed well shut, and Transocean, the drilling contractor that owned the Deepwater Horizon rig. U.S. investigations have widely cast the blame among all three companies.
The citations, issued Wednesday, set a precedent for holding contractors at least partially responsible for such accidents, and may increase the contractors’ exposure to civil suits from anyone claiming damages from the spill, analysts said.
The contractors have pledged to fight the accusations. Halliburton said that it is fully protected against penalties and losses from the Deepwater Horizon incident by its contract with BP. Transocean also said it intends to appeal.
However, if the courts determine that the government has the right to issue a citation to oil-service contractors, there is no contract that will protect them from the fine, according to Larry Nettles, an environmental attorney with Vinson & Elkins, a Houston law firm. “In most jurisdictions the courts do not allow indemnification for fines and penalties, because it defeats the purpose,” which is to punish bad behavior, Mr. Nettles said.
Still the industry is expected to bulk up its contracts even more in the wake of the regulators’ action, legal experts say, to get as much liability protection as possible. The contractors currently have considerable bargaining power to win such new concessions from rig operators on contract protection. Relatively high oil prices have led to a shortage of drilling crews and have put oilfield services at a premium, giving the contractors the upper hand in negotiations.
“When oil prices are high and there’s lots of activity, service contractors can drive a very hard bargain,” said Owen Anderson, a professor of law specializing in energy at the University of Oklahoma.
(c) 2011 Dow Jones & Company, Inc.
Related Posts:
- New Federal Report Spreads Blame in Gulf Blowout, Spill
- BP Contractors Could Face Fines Over Gulf Oil Spill
- BOEMRE Looking to Expand Oversight to Drilling Contractors
Related articles
- Oil Firms Face Liability Protection Issues (online.wsj.com)
- BP Contractors Could Face Fines Over Gulf Oil Spill (gcaptain.com)
- BP Contractors Could Face Deepwater Fines (online.wsj.com)
- Serious New Regulatory Risks Arise for Oil Contractors (BP, RIG, HAL, CAM, SLB, BHI, NOV) (247wallst.com)
U.S. Legislators Want Repsol to Leave Cuba
Thirty-four U.S. lawmakers on Wednesday asked the Spanish oil company Repsol to keep out of Cuban waters, saying the firm’s pending offshore drilling plans would support the Castro regime and “bankroll the apparatus that violently crushes dissent.”
“The decaying Cuban regime is desperately reaching out for an economic lifeline, and it appears to have found a willing partner in Repsol to come to its rescue,” said the author of a letter to the company, Rep. Ileana Ros-Lehtinen, R-Fla.
The company says it could begin exploratory drilling as soon as December, a prospect that has the Florida and federal governments scrambling to develop contingency plans for a spill even as many Floridians have fresh memories of last year’s BP spill in the Gulf of Mexico.
“We are working on spill response and we’re working with the federal, state and local agencies – very closely,” said U.S. Coast Guard spokeswoman Marilyn Fajardo.
The possibility of exploratory drilling also has federal agencies grappling with the international and political implications on the U.S. embargo with Cuba.
Ros-Lehtinen, the chairwoman of the House Foreign Affairs Committee, warned Repsol in the letter that any drilling operations it conducts in Cuban waters could provide direct financial benefit to the Castro dictatorship. The company’s partnership with the Cuban regime also could violate U.S. law and may run afoul of pending legislation in Congress, she said.
Recently, representatives from several industry and environmental groups traveled to Cuba to check in on the country’s offshore plans. They included Lee Hunt, the chief executive of the International Association of Drilling Contractors, and William Reilly, a former EPA administrator and co-chairman of the White House task force that investigated last year’s BP oil spill.
The group also included Richard Sears, the former vice president of deepwater drilling for Shell, and Dan Whittle, an attorney for the Environmental Defense Fund.
Repsol spokesman Kristian Rix said the company had no comment on the letter from Congress.
The company, which has U.S. operations that include leases in the Arctic waters off the northern Alaska coastline, is in the process of bringing a drilling rig to Cuba.
Repsol in January 2010 signed a lease contract with the Italian energy company Saipem for drilling equipment. Repsol on its website describes the equipment as complying “with all the technical requirements and all the limitations established by the U.S. administration for drilling operations in Cuba.”
The Republican-led House Natural Resources Committee had scheduled a hearing on drilling in Cuban waters for last week, but it was postponed after Obama administration officials said they weren’t yet prepared to outline their overall response to offshore drilling in Cuba.
Some Republican members of the committee have complained in the past about Cuba’s ability to drill so close to the U.S. coastline even as a 125-mile buffer zone remains in place in U.S. waters off of most of Florida’s coast.
The congressional letter drew bipartisan support, with Florida Republican Reps. Mario Diaz-Balart, David Rivera, Tom Rooney, Vern Buchanan, Dennis Ross and Sandy Adams signing onto it; they were joined by Democrats Ted Deutch, Frederica Wilson and Debbie Wasserman Schultz.
Also signing the letter were: Rep. Dan Burton, R-Ind.; Rep. Steve Austria, R-Ohio; Rep. Joe Baca, D-Calif.; Rep. Paul Broun, R-Ga.; Rep. John Carter, R-Texas; Rep. John Barrow, D-Ga.; Rep. Robert Andrews, D-N.J.; Rep. Kurt Schrader, D-Ore.; Rep. Tim Murphy, R-Pa.; Rep. Jaime Herrera Beutler, R-Wash.; Rep. Cathy McMorris Rodgers, R-Wash.; Rep. Daniel Lipinski, D-Ill.; Rep. Heath Shuler, D-N.C.; Rep. Candice Miller, R-Mich.; Del. Pedro Pierluisi, D-Puerto Rico; Rep. Frank Pallone, D-N.J.; Rep. Jean Schmidt, R-Ohio; Rep. Brian Higgins, D-N.Y.; Rep. Thaddeus McCotter, R-Mich.; Rep. Steven Rothman, D-N.J.; Rep. Michael Grimm, R-N.Y.; Rep. Jason Altmire, D-Pa.; and Rep. Edward Royce, R-Calif.
By Erika Bolstad (Miami Herald)
Related articles
- Don’t talk oil with Cuba, lawmaker warns (mb50.wordpress.com)
- Chinese-built oil rig setting sail for Cuban waters (mb50.wordpress.com)
- At the Wellhead: once again, an effort to try to fix Mexico’s oil industry (mb50.wordpress.com)
- Cuba drilling next hurdle for U.S. (politico.com)
- US experts eye Cuba oil plans after BP spill (mb50.wordpress.com)
- Drill, Bebé, Drill (mb50.wordpress.com)

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