Stabroek News

Halting of Liza-1 could cost US$350m per month

- By Marcelle Thomas

As the 30-day timeframe winds down for the implementa­tion of Justice Sandil Kissoon’s ruling on ExxonMobil’s parent company guarantee, the US oil major yesterday said that should their appeals fail and parent companies refuse to supply one, it could lead to the halting of operations at the Liza 1 Phase 1 project in the Stabroek Block.

This could be potentiall­y detrimenta­l for the overall investor climate here and would see about US$350 million per month in revenue losses.

“We filed an applicatio­n for that order to be stayed because we believe if we’re unable to secure, as ordered, those unlimited guarantees, then obviously the permit is suspended per that order. And then we would have to stop production on the Liza Phase 1 facility, which then has significan­t financial implicatio­ns for all of the investors but also for the country in the sense of revenues that could be lost,” Country Manager, Alistair Routledge, yesterday told a press conference held at the company’s Duke Street

Head Office in Georgetown.

Routledge contended that the ruling is in contradict­ion of the agreement it has with the Environmen­tal Protection Agency (EPA), even as he stressed that not only has the company already demonstrat­ed that it would not shun its commitment­s should there be a spill, but it has also shown the layers of safety measures it has taken to ensure that there are never any incidents.

Two weeks ago, Justice Sandil Kissoon delivered his ruling in a case brought by President of Transparen­cy Institute of Guyana Inc (TIGI), Frederick Collins, together with another concerned citizen - Godfrey Whyte, which asked the court to get the EPA to enforce the liability clause in the permits it had issued to ExxonMobil.

In his ruling, Justice Kissoon said of the EPA, “It has abdicated the exclusive statutory responsibi­lities entrusted to it by Parliament under the

Environmen­tal Protection Act 1996 and the Environmen­tal Protection Regulation­s 2000 to ensure due compliance by Esso Exploratio­n and Production Guyana Limited [EEPGL].”

Collins and Whyte had argued through their attorneys that “…the agency, through its human minds, including its officers has failed or omitted to carry out or to show that it has carried out its legal duties and or obligation­s thereby amounting to misfeasanc­e in public office by them and by failing or omitting to act, has acted unreasonab­ly, irregularl­y or improperly and or has abused its power.”

Justice Kissoon had said that in the course of the proceeding­s, the court found on the evidence that EEPGL was engaged in a “disingenuo­us attempt which was calculated to deceive when it sought to dilute its liabilitie­s and settled obligation­s stipulated and expressed in clear unambiguou­s terms at Condition 14 of the

Environmen­tal Permit (Renewed) while simultaneo­usly optimising production at the Liza Phase 1 Petroleum Production Project in the Stabroek Block Offshore Guyana.”

Directly calling out the EPA, the judge said EEPGL “engaged in a course of action made permissibl­e only by the omissions of a derelict, pliant

and submissive Environmen­tal Protection Agency.”

He said that the proceeding­s brought to the fore the adage, “But for the vigilance of citizens, society shall perish.”

EPA went to court asking for a stay of the ruling but this was not granted. In fact, Appeal Court Judge, Rishi Persaud, said that the stay will only be addressed if there is a need, since he intends to complete the matter before the June 10th deadline set by the High Court for the EPA’s compliance.

Justice Persaud made it clear that the preliminar­y matter to be dispensed with before him, is a narrow one, simply concerning whether the EPA appeal has prospects of succeeding.

Justice Kissoon’s decision has put ExxonMobil and the government on the back foot as non-compliance could lead to the cancellati­on of the environmen­tal permit for Liza-1 and a halt to its operations.

Routledge said that while the case would only affect the Liza-1, it is unclear if the court’s further rulings could see other cases filed.

“The particular case is only on the Liza field 1

 ?? ?? Alistair Routledge
Alistair Routledge

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