Insider's Perspective on Legal and Commercial Aspects of the Petroleum Industry

 
The Petroleum Industry
 
An insider’s perspective
-
Sean Rush –
March 2015
 
Spindletop Legal &
Commercial
 
 
O
v
e
r
v
i
e
w
 
Who am I?
 
The Phases of Exploration & Production
 
Case Studies – UK and Newfoundland & Labrador
 
Risks
 
How do 21
st
 Century Oil Companies think?
 
Opportunities for Ngati Kahungunu
 
 
 
 
A
b
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u
t
 
 
S
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a
n
 
R
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s
h
 
Born/Bred Taradale, St John’s College Hastings 1982 - 1986
Victoria University 1987 – 1991 LLB
Napier general practice lawyer, McKay Hill & Co, 1992 – 94
1996 - 2013
Eni - Legal Adviser
UK
Petro-Canada - Head of Legal North West Europe
Canada & North West Europe –UK, Norway, The Netherlands, Russia
Memery Crystal  LLP – Partner
London, Head of Oil & Gas
 
2013 – 2015
Todd Energy – Commercial Manager
Wellington NZ – Maui, Kapuni, Pohokura, Maari, Mangahewa, McKee fields, Maui pipeline
 
2015
Spindletop Legal & Commercial
 
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Exploration
Seismic
Drilling
 
 
 
 
Appraisal/Development
Drilling
Infrastructure construction
 
Production
Ongoing maintenance
 
Processing / Export
 
2 – 4 years. $1 - $10mm
Spotters, vessel hire, accommodation,
catering, drill crew, local transport, logistics
 
5 – 10 years.  $500mm - $20bn
hot trades, heavy vehicles, road construction
 
25 - 40 years +  $100 bn+?
Wharf facilities, plant maintenance, tanker transport,
 
Magnus platform (BP)
 
Atlantic LNG Trinidad & Tobago
 
Seismic vessel
 
U
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In 2013:
450,000 jobs.
Paid $13 billion royalties.
$10 billion in corporate and payroll taxes.
 
In 2009 the total NZ tax take from dairy, forestry and
fishing was $319 million
 
 
U
K
 
O
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In 2013
450,000 jobs.
Paid $13 billion royalties.
$10 billion in corporate and payroll taxes.
 
Add Fisheries
UK vessels landed 624,000 tonnes of sea fish (including
shellfish) into the UK and abroad with a value of $1.5
billion
Around 6,400 fishing vessels were registered
Around 12,150 fishermen were reported as active in the
UK. Of these, around 1,800 were part-time.
 
Petroleum Industry can exist with fisheries and can be a game changer if executed safely and with proper Governance
 
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Discovered in 1980, 315 km East St John’s NFL
Required to be built locally at a greenfield fabrication
yard at ‘Bull Arm’ built by Oil Companies
600,000 ton
Able to withstand collision with 6 million ton iceberg
1991 – 1996
5,800 jobs at peak
Gifted to the state at end of construction
Bull Arm used for Terra Nova FPSO ~1998 - 2001
To be used for Hebron development ~3,500 local jobs
 
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?
UK EEZ = ~700,000 km2
NZ EEZ = ~4.3 million km2
 
New Zealand’s EEZ:
6 times larger than the UK EEZ
4 times larger than the Norway EEZ
4 times larger than the Canada EEZ
 
In Norway:
44% less likely to be unemployed
Earn 82.24% more
Have 25% more free time
46% less likely to die in infancy
 
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NZ – First Rate Regulatory Regime for Drilling
 
In NZ (and UK) regulation of the HS & E function is undertaken by a different
regulator to the permitting body (NZ Petroleum & Minerals)
 
This division did not exist in the Gulf of Mexico and is a key reform recommended
by the International Bar Association* and implemented by Obama
 
EPA
: Independent panel of experts.  Awards a marine consent provided Operators
submit an environmental impact assessment that identifies the effect of drilling on
the environment and measures to avoid, mitigate or remedy adverse effects
 
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Industry
New standards for blow out preventer maintenance and well completions:
API Std 53 
Practices for Blowout Prevention Equipment Systems for Drilling
Wells
API RP 96 
Deepwater Well Design Considerations
API Bulletin 97 Well Construction 
Interface Document
API RP 65-2 Cementing & Isolation & Barriers
 
 
 
 
*  Sean Rush was a member of the IBA working group that reviewed the GoM regulatory regime and provided
submissions to the EU on regulatory improvements
.
 
9
 
R
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Government
Maritime NZ has detailed and up to date Oil Spill Response plans
Able to call upon  international capability
Oil Spill Response Limited - a global response capability incl. capping devices designed
for deep-water
Australian Marine Oil Spill Centre – centre for Australian spill response capability
All costs payable by the oil company
 
Industry
New standards
Built and tested 4 capping devices that are located globally and available
Consortium (incl. Chevron and Statoil) invested US$1 billion in research and
development for GoM alone
 
 
 
Capping Stack
 
How do 21
st
 Century Oil Companies Think?
 
‘doing good is good business’
 
Social and other media is very important for
reputation
Corporate value measured by share price –
1p/BP share = ~NZ$365 million
New Breed of ‘ethical’ investors mean that
share value is influenced by Business ethics
‘Corporate Social Responsibility’ teams have
significant budgets to spend
Community projects
Ethical operations
Doing the ‘right’ thing even if not
required by local Government
 
The market demands that
Oil Companies ‘Care’
 
Oil People Care
 
US$275 mm invested in social responsibility projects in 2013
 
US$159 mm invested in social responsibility projects in 2013
 
US$40 mm invested in social responsibility projects in 2013
 
Why would an Oil company engage with Iwi?
 
Iwi can be a powerful partner for Oil companies to
advance their operations safely
Partnership with Iwi would be a significant step for an
Oil company’s Corporate Social Responsibility team
It’s simply good business
Iwi provide a robust sounding board for
environmental management
Iwi provide in country knowledge and deep
understanding of the operating environments
Iwi are commercially astute and can contribute
to business decisions that have local
implications
Building long term local relationships is vital to
support a sustainable NZ business
 
 
 
W
h
y
 
w
o
u
l
d
 
I
w
i
 
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n
g
a
g
e
 
w
i
t
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a
n
 
O
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l
 
C
o
m
p
a
n
y
?
 
 
Protection of rohe 
– Iwi are the only ones who can advise on
their rohe
 
Oil Companies (like Sealord) are free to deliver economic and
other benefits that are not open to Government
Oil companies will always be needed regardless of
whether the Crown or Iwi own the resource
free to allocate their share of revenues
can agree employment, sponsorship and knowledge
share
may partner under a JV
Iwi collaboration with Oil Companies may deliver benefits
similar to those claimed under the Treaty faster and be more fit
for purpose
 
 
 
N
e
x
t
?
 
 
 
Until exploration/appraisal are complete the risks and benefits of a petroleum industry
will not be fully known.  This will take several years, maybe decades
 
Meantime, be vigilant and keep an open mind:
If the risks prove too high then be sufficiently informed to advocate for a halt
If benefits become apparent then be ready to take advantage
 
 
 
E
 
seanrush@spindletop.co.nz
 
P
 027 706 7360
www.spindletop.co.nz
 
Questions?
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Providing a detailed look at the legal and commercial aspects of the petroleum industry, this content delves into exploration, production, and risks associated with 21st-century oil companies. The narrative follows the career journey of Sean Rush, offering valuable insights into the industry's dynamics, opportunities, and challenges. Additionally, the content explores the UK's oil and gas industry, emphasizing its economic contributions and relationship with the fishing sector.


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  1. Spindletop Legal & Commercial The Petroleum Industry An insider s perspective - Sean Rush March 2015

  2. Overview Overview Who am I? The Phases of Exploration & Production Case Studies UK and Newfoundland & Labrador Risks How do 21st Century Oil Companies think? Opportunities for Ngati Kahungunu

  3. About About Sean Rush Sean Rush Born/Bred Taradale, St John s College Hastings 1982 - 1986 Victoria University 1987 1991 LLB Napier general practice lawyer, McKay Hill & Co, 1992 94 1996 - 2013 Eni - Legal Adviser UK Petro-Canada - Head of Legal North West Europe Canada & North West Europe UK, Norway, The Netherlands, Russia Memery Crystal LLP Partner London, Head of Oil & Gas 2013 2015 Todd Energy Commercial Manager Wellington NZ Maui, Kapuni, Pohokura, Maari, Mangahewa, McKee fields, Maui pipeline 2015 Spindletop Legal & Commercial

  4. The Phases of Exploration & Production The Phases of Exploration & Production Exploration Production Appraisal/Development Seismic Ongoing maintenance Drilling Drilling Infrastructure construction Processing / Export 2 4 years. $1 - $10mm Spotters, vessel hire, accommodation, catering, drill crew, local transport, logistics 5 10 years. $500mm - $20bn hot trades, heavy vehicles, road construction 25 - 40 years + $100 bn+? Wharf facilities, plant maintenance, tanker transport, Magnus platform (BP) Atlantic LNG Trinidad & Tobago Seismic vessel

  5. UK Oil & Gas Industry UK Oil & Gas Industry Fast Facts Fast Facts In 2013: 450,000 jobs. Paid $13 billion royalties. $10 billion in corporate and payroll taxes. In 2009 the total NZ tax take from dairy, forestry and fishing was $319 million

  6. UK Oil & Gas UK Oil & Gas AND Fishing AND Fishing Industry Industry Fast Facts Fast Facts In 2013 450,000 jobs. Paid $13 billion royalties. $10 billion in corporate and payroll taxes. Add Fisheries UK vessels landed 624,000 tonnes of sea fish (including shellfish) into the UK and abroad with a value of $1.5 billion Around 6,400 fishing vessels were registered Around 12,150 fishermen were reported as active in the UK. Of these, around 1,800 were part-time. Petroleum Industry can exist with fisheries and can be a game changer if executed safely and with proper Governance

  7. Local Benefits Local Benefits Case Study Hibernia, Newfoundland, Canada Case Study Hibernia, Newfoundland, Canada Discovered in 1980, 315 km East St John s NFL Required to be built locally at a greenfield fabrication yard at Bull Arm built by Oil Companies 600,000 ton Able to withstand collision with 6 million ton iceberg 1991 1996 5,800 jobs at peak Gifted to the state at end of construction Bull Arm used for Terra Nova FPSO ~1998 - 2001 To be used for Hebron development ~3,500 local jobs

  8. Whats the excitement about? What s the excitement about? New Zealand s EEZ: 6 times larger than the UK EEZ 4 times larger than the Norway EEZ 4 times larger than the Canada EEZ In Norway: 44% less likely to be unemployed Earn 82.24% more Have 25% more free time 46% less likely to die in infancy UK EEZ = ~700,000 km2 NZ EEZ = ~4.3 million km2

  9. Risk Prevention: Risk Prevention: Safety to personnel is paramount Safety to personnel is paramount. . Oil workers are Dads, Girlfriends, Sons, Brothers real people NZ First Rate Regulatory Regime for Drilling In NZ (and UK) regulation of the HS & E function is undertaken by a different regulator to the permitting body (NZ Petroleum & Minerals) This division did not exist in the Gulf of Mexico and is a key reform recommended by the International Bar Association* and implemented by Obama EPA: Independent panel of experts. Awards a marine consent provided Operators submit an environmental impact assessment that identifies the effect of drilling on the environment and measures to avoid, mitigate or remedy adverse effects Maritime NZ: Approve a discharge management plan that demonstrates how risks of spills/blowouts have been minimised Worksafe NZ: Approve the safety case that demonstrates that the drilling rig is safe. Hazards must be identified and control measures implemented Industry New standards for blow out preventer maintenance and well completions: API Std 53 Practices for Blowout Prevention Equipment Systems for Drilling Wells API RP 96 Deepwater Well Design Considerations API Bulletin 97 Well Construction Interface Document API RP 65-2 Cementing & Isolation & Barriers * Sean Rush was a member of the IBA working group that reviewed the GoM regulatory regime and provided submissions to the EU on regulatory improvements.

  10. Responding to Spills Responding to Spills Government Maritime NZ has detailed and up to date Oil Spill Response plans Able to call upon international capability Oil Spill Response Limited - a global response capability incl. capping devices designed for deep-water Australian Marine Oil Spill Centre centre for Australian spill response capability All costs payable by the oil company Industry New standards Built and tested 4 capping devices that are located globally and available Consortium (incl. Chevron and Statoil) invested US$1 billion in research and development for GoM alone Capping Stack

  11. How do 21st Century Oil Companies Think? doing good is good business Social and other media is very important for reputation US$275 mm invested in social responsibility projects in 2013 Corporate value measured by share price 1p/BP share = ~NZ$365 million New Breed of ethical investors mean that share value is influenced by Business ethics Corporate Social Responsibility teams have significant budgets to spend Community projects Ethical operations Doing the right thing even if not required by local Government US$40 mm invested in social responsibility projects in 2013 The market demands that Oil Companies Care US$159 mm invested in social responsibility projects in 2013 Oil People Care

  12. Why would an Oil company engage with Iwi? Iwi can be a powerful partner for Oil companies to advance their operations safely Partnership with Iwi would be a significant step for an Oil company s Corporate Social Responsibility team It s simply good business Iwi provide a robust sounding board for environmental management Iwi provide in country knowledge and deep understanding of the operating environments Iwi are commercially astute and can contribute to business decisions that have local implications Building long term local relationships is vital to support a sustainable NZ business

  13. Why would Iwi engage with an Oil Company? Protection of rohe Iwi are the only ones who can advise on their rohe Oil Companies (like Sealord) are free to deliver economic and other benefits that are not open to Government Oil companies will always be needed regardless of whether the Crown or Iwi own the resource free to allocate their share of revenues can agree employment, sponsorship and knowledge share may partner under a JV Iwi collaboration with Oil Companies may deliver benefits similar to those claimed under the Treaty faster and be more fit for purpose

  14. Next? Next? Until exploration/appraisal are complete the risks and benefits of a petroleum industry will not be fully known. This will take several years, maybe decades Meantime, be vigilant and keep an open mind: If the risks prove too high then be sufficiently informed to advocate for a halt If benefits become apparent then be ready to take advantage E seanrush@spindletop.co.nz Questions? P 027 706 7360 www.spindletop.co.nz

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