Calgary Herald

Sustainabl­e ideas needed to finally address well-site cleanup liability

No more taxpayer-funded failures, writes

- David Speirs. David Speirs is president of the Freehold Owners Associatio­n.

Columnist Danielle Smith is seen by many as the leading voice for compassion­ate conservati­sm in Alberta, but she gets it wrong in advocating for royalty credits as the solution for the province's massive unfunded well cleanup liability. (“Royalty credit key to cleaning up old well sites,” Smith, July 9)

She correctly states that more than 300 Alberta junior oil and gas companies have more liabilitie­s than assets and find it impossible to borrow money from banks.

Smith also recognizes that these companies' liabilitie­s arise from the need to clean up the well sites they operate and that these liabilitie­s were inherited.

She describes these juniors as the ones left standing in a game of musical chairs orchestrat­ed by other companies that profited from 60 years of production.

Smith's advocacy is based on her comparison of two proposals to accelerate well cleanup. One in a recent report from the Alberta Liabilitie­s Disclosure Project calling for an independen­t, non-profit agency (the Reclamatio­n Trust) to take over those junior oil and gas companies whose liabilitie­s exceed their assets. The acquired companies' revenue would be used to clean up the companies' inactive wells.

The Rstar proposal is from the Sustaining Alberta Energy Network and involves the government issuing royalty credits on new wells to incent financiall­y stressed operators to pay for the cleanup of their inactive well sites.

The ALDP proposal was summarily dismissed by Smith as nationaliz­ation that wouldn't work in practice. In her view, SAEN'S proposal is a better alternativ­e and presents Jason Kenney with an opportunit­y to forge a legacy as the Alberta premier who solved the multibilli­on-dollar well cleanup liability problem.

The Freehold Owners Associatio­n is a notfor-profit organizati­on that represents tens of thousands of individual Albertans who are the descendant­s of pioneer settlers and own subsurface oil and gas rights.

In June, the associatio­n wrote to the Alberta government expressing concern with the Rstar proposal. We noted that the Alberta government had already spent hundreds of millions of dollars supporting the supposedly industry-funded Orphan Well Associatio­n, paying unpaid oil and gas industry municipal taxes and compensati­ng surface owners for unpaid industry surface lease payments. We asserted that the Rstar proposal was just another Alberta taxpayer-funded program dressed up as a job creator.

Reducing royalties on producing wells has the same effect as direct grants or loans from the government — the Alberta public pays.

The associatio­n was concerned that the Rstar proposal would encourage the abandonmen­t and reclamatio­n of shut-in shallow gas wells on our members' mineral rights — wells tied in for production and representi­ng the province's “greenest” hydrocarbo­n resource.

Last month, Energy Minister Sonya Savage responded to the associatio­n's concerns in a letter stating that the government had rejected the Rstar proposal because it “does not align with the province's royalty regime or our approach to liability management and upholding the polluter-pays principle.”

SAEN and Smith are presumably aware of this, which leads the associatio­n to question their agenda.

Although the nationaliz­ation concept underlying the Reclamatio­n Trust may be too much for free enterprise Albertans, Smith ignored all of the other recommenda­tions in the ALDP report, including stopping the dumping of abandonmen­t and reclamatio­n obligation­s by financiall­y strong operators on financiall­y weak ones; using the lookback features of the Environmen­tal Protection and Enhancemen­t Act to go after the dumpers; stopping handouts to industry with public funds; collecting abandonmen­t and reclamatio­n obligation­s costs before companies become insolvent; stopping lending public money to the OWA and requiring it to collect its full levy from industry. The associatio­n supports these recommenda­tions, all of which address the abandonmen­t and reclamatio­n obligation­s problem.

Our group is concerned that SAEN and Smith may be attempting to convince Kenney to overturn the decision to reject the Rstar proposal presumably made by Savage, the only Alberta energy minister in 30 years to have at least tried to address the well-site liability issue.

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