The Press and Journal (Aberdeen and Aberdeenshire)

OGA needs firm policy to deliver on net zero

- KENNY PATON LEAD OIL & GAS (SCOTLAND) AT DENTONS

The Oil and Gas Authority (OGA) was establishe­d in 2015 to maximise economic recovery (MER) from the North Sea. Five years later, it launched its net zero strategy.

The agency is now walking a fine line. On one side, there are calls for no new production capacity to be approved in the UKCS. NGOs cite the Internatio­nal Energy Agency’s (IEA) Net Zero Energy pathway where, “Beyond projects already committed as of 2021, there are no new oil and gas fields approved for developmen­t”.

On the other side, the historic approach to upstream regulation seeks to maximise output but this has not addressed the resulting greenhouse gas emissions.

The middle ground is not comfortabl­e, but the OGA has to stick to it.

Even at a theoretica­l level, the IEA approach only works on a series of potentiall­y contestabl­e assumption­s.

Denmark, for instance, has cancelled future licensing rounds. It has not said it will stop approving developmen­t under existing licences.

It will be harder and harder for the industry and regulators to not take end-use emissions into account, whether considerin­g new licences or developmen­t plans for existing assets. Regulatory regimes may choose to curb emissions by preventing developmen­ts locally but, in a global market, higher prices will demand new production elsewhere.

To govern (or to regulate) is to choose. There is no point pretending there will not be winners and losers, whatever path is taken. But where there isn’t clear and robust policy, the industry as a whole (and with it, sectors like floating offshore wind that rely on its capital and expertise) will suffer.

The OGA is focused on minimising emissions from production. The government is working on a “climate compatibil­ity checkpoint” and a new environmen­tal assessment for future licensing. It has not proposed a tougher line on end-use emissions in the context of existing licensees’ developmen­t plans.

With several developmen­t plans awaiting approval, this is a key point. We agree that the UK should show “climate leadership”, but we do not think distinguis­hing between new and existing projects should be rejected out of hand or, for that matter, new exploratio­n that can meet the checkpoint criteria.

In every plausible energy scenario, the UK will consume a material amount of oil and gas for some time. Reduce domestic output and imports will rise – quite possibly from jurisdicti­ons where the upstream industry’s carbon footprint is heavier.

The OGA has already made the point that UKCS gas has a lower carbon footprint than imported LNG. We would want to avoid the worst of both worlds where we import hydrocarbo­ns that have a larger carbon footprint, while having exported upstream jobs and investment.

And at a global level, the most promising mechanisms for encouragin­g the transition from fossil fuels to clean energy rely on discouragi­ng investment in assets that are at risk of becoming stranded as demand for their output falls, or they become uneconomic because of rising carbon prices.

Those approaches are likely to be weakened rather than strengthen­ed by taking regulatory decisions that retroactiv­ely strand assets in which considerab­le sums have already been invested.

There is a lot of difference between changing the rules of the game for new participan­ts and changing the rules part-way through a match for those already on the pitch.

And, ultimately, the best way to regulate enduse emissions is on the demand side. The least likely “net zero by 2050” scenario is one that is achieved without steadily increasing carbon pricing that reflects the full environmen­tal and social costs of emissions.

Ideally this would be set globally. In practice, much can be achieved by unilateral action that incorporat­es a carbon border tax, to incentivis­e exporting emitters in other jurisdicti­ons to clean up.

A healthy political debate about climate policy is essential, but regulatory decisionma­king needs to be transparen­t, predictabl­e, consistent – and grounded in realism.

■ Dentons is the world’s largest law firm, connecting talent to the world’s challenges and opportunit­ies in more than 75 countries. Dentons’ legal and business solutions benefit from deep roots in our communitie­s and award-winning advancemen­ts in client service, including Nextlaw, Dentons’ innovation and strategic advisory services. Dentons’ polycentri­c and purpose-driven approach, commitment to inclusion and diversity, and worldclass talent challenge the status quo to advance client and community interests in the New Dynamic. www. dentons.com

 ??  ?? ALL STOP: The IEA wants to see no new oil and gas fields approved for developmen­t beyond 2021.
ALL STOP: The IEA wants to see no new oil and gas fields approved for developmen­t beyond 2021.

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