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Archive for the ‘Regulation’ Category

BSEE shouldn’t have to issue guidance about helicopter loading precautions that every worker and visitor should be taught before going offshore, but apparently they do. See the safety alert that is attached below.

In this alarming near-miss event, a helicopter was stationed on the facility’s helideck and a crew member approached the aircraft from the rear, entering the rotor arc area before the rotor blades had come to a complete stop. This unsafe action posed a significant threat to the safety of all personnel involved. An offshore helideck assistant repeated the unsafe behavior by approaching the helicopter from the rear, entering the vicinity of the tail rotor, and positioning themselves within the main rotor’s danger zone immediately after the helicopter had landed on the facility’s helideck.

Meanwhile, we are still awaiting the final report on the tragic crash at the West Delta 109 A platform last December. Why is this taking so long?

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I take it that since the 5th Circuit stayed both the 9/21 and 9/25 orders, the mandate to hold the sale by 11/8 is also stayed. Ergo, it is assumed that the sale will be delayed pending a decision on the merits of the injunction. Oral arguments are scheduled for 11/13.

If the 5th Circuit’s decision facilitates timely resolution of the Rice’s whale deletions and stipulations, delaying the sale is probably the best outcome. Otherwise, the level of uncertainty would be unacceptable for many bidders.

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Not a lawyer, but I take this to mean that the Judge’s injunction has been suspended and DOI may delete acreage and include the Rice’s whale stipulations in Sale 261 leases. The sale will be held on Nov. 8.

ORDER:
IT IS ORDERED that the preliminary injunction entered by the Memorandum Order of September 21, 2023, as amended by the motions panel’s order of September 25, 2023, is STAYED pending the merits panel’s decision on appeal.
LYLE W. CAYCE, CLERK
United States Court of Appeals

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Andrew Konczvald’s reports from Manzanillo, Mexico about the presence of the Hidden Gem (pictured above), a converted deepwater drillship, have renewed BOE interest in deep sea mining, a topic that is full of political, environmental, legal, and operational intrigue:

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Consistent with the findings of their inspections and data gathering (as discussed further here), BSEE has published a safety alert (attached) that identifies significant shortcomings in medical evacuation planning and performance.

The findings suggest that a renewed focus on medevac preparedness should be an immediate industry priority. Note the evacuation time, supply, training, and other planning issues summarized in the BSEE alert. Also note the helideck safety issues that were identified. These issues are particularly troubling in light of last December’s fatal crash.

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The plan looks good. It appears to be consistent with previous contingency plans. Offshore operations should not be impacted.

During the shutdown BSEE will continue critical permitting, oversight, preparedness verification, and related activities that are necessary to protect workers and the environment from operations associated with conventional and renewable energy development on the Outer Continental Shelf. Approximately 40% of the 851 BSEE employees will be retained to accomplish these activities and will be designated as exempt, as their salaries will be funded from non-lapsing prior year carryover. Should an extended shutdown occur, exhausting current funding sources, all the exempt personnel would be designated as excepted as they are essential for life and safety.”

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Federal funding lapses, real or threatened, are rather common. They range from false alarms to the extended shutdown of 35 days that occurred in 2018-19. In no case have offshore oil and gas operations been significantly affected. BSEE and its predecessors developed and implemented contingency plans that identified “essential employees” needed to monitor operations and review necessary permits.

Most Federal agencies have posted updated Federal contingency plans on the OMB page established for the purpose. Noticeably absent is the plan for the Department of the Interior (DOI), which includes the bureaus responsible for overseeing energy operations on Federal onshore and offshore lands. Presumably this is just a bureaucratic delay, and DOI has plans for the safe continuation of operations. However, the Petroleum Association of Wyoming was sufficiently concerned that they wrote a letter to Secretary Haaland and the Director of the Bureau of Land Management, which is responsible for oil and gas operations on Federal onshore lands. That letter is attached below.

Hopefully, DOI will provide clarity on these matters today, since a Federal government shutdown could begin at midnight tomorrow. Needless to say, any disruption in ongoing oil and gas production operations would have significant safety and economic implications.

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Of note (emphasis added):

IT IS ORDERED that appellants’ opposed motion for partial stay pending appeal is GRANTED in part. The preliminary injunction that was entered by the Memorandum Order of September 21, 2023, is hereby AMENDED only in that the sale that was set for September 27, 2023, is ORDERED to take place by November 8, 2023. No extension will be granted. That is to say: Insofar as the preliminary injunction is concerned, the final paragraph of the Memorandum Order remains in effect, pending appeal of the preliminary injunction, with the exception that “September 30, 2023,” is changed to “November 8, 2023.”

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BOEM is allowed to delay the sale until Nov. 8, which is consistent with the Federal government’s request. 

All other aspects of the Preliminary Injunction remain in place, but the 5th Cir. still needs to hear and decide the government’s appeal of the PI. Monday’s decision was on the emergency motion and not the merits of the Preliminary Injunction. 

The sale intrigue is also on hold! 😉

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Assuming the Gulf of Mexico oil and gas lease sale proceeds tomorrow in accordance with Judge Cain’s order, some interesting questions and issues remain:

  • Will the lingering Rice’s whale issues affect bidding for deepwater leases? Friday’s court order is not a final resolution of those issues, either legally or administratively. While the Rice’s whale stipulation, at the direction of the Federal court, will not be included in the Sale 261 leases, BOEM’s Notice to Lessees and Operators (NTL) includes the same provisions and still stands pending further consultations with NOAA. Although the NTL is a “guidance document” (wink-wink), there are ways of making it stick through the exploration plan approval process. Even without binding requirements, companies might choose to fully comply to minimize legal risks.
  • When will the next GoM lease sale be held? Will the uncertainty spur or constrain bidding?
  • Will the 14 blocks with rejected high bids at Sale 259 receive bids at Sale 261? If so, will the bids be higher or lower?
  • Will bp, Chevron, Shell, Equinor, Oxy, and Woodside continue to be bullish on the GoM?
  • Will Red Willow Offshore, owned by the Southern Ute tribe, again be an active bidder?
  • Will Exxon again seek to acquire carbon sequestration leases at an oil and gas lease sale? After a long absence, it would be good to see the US super-major acquire leases for oil and gas purposes. Ditto for ConocoPhillips.
  • How many companies will participate in the sale? 30-35 would be a nice outcome.
  • What will be the sum of the high bids? >$300 million would be a good result.

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