UK offshore oil and gas - Energy and Climate Change Contents


Examination of Witnesses (Question Numbers 180-199)

MR MIKE O'BRIEN MP, MR SIMON TOOLE AND MR JIM CAMPBELL

25 MARCH 2009

  Q180  Charles Hendry: Can I take you back to the issue of targets. Mr Toole said that for some of the targets it is not clear who is responsible for delivering them. Would you agree that in general a target really only has merit if it has a clear line of responsibility, that there is a method of measuring progress towards that target and, indeed, there is a road map for how that should be reached?

  Mr O'Brien: No, I would not agree fully with that. I think if you have targets, they ought to be realistic and they ought to be deliverable, and you have got to know how you are going to deliver them, but what we were talking about here in terms of the oil and gas industry is something slightly different. It is not like an NHS target or an education target, or something like that, where the Government has clear responsibilities, has levers of power, has the ability to intervene and do something about that and is responsible for the funding going in. What we are dealing with here is an industry that says: "Look, Government, we want to work with you, we want to identify what you would like to see us do over the course of the next decade and we would like to agree with you how we would go about achieving that, and in doing that we will agree some targets with you", which was done back in 1999, "but they are not going to be enforceable. You are not going to be able to deliver them, Government, we have got to deliver them." Some of those companies will say, "We agree that we will do something", but then those companies may be only there for five years rather than 14 years and then have withdrawn from the UK Continental Shelf and are working elsewhere; other companies have come in that were not a part of that process. So I think targets have some merit if they are agreed; sometimes they may not be as enforceable and deliverable by government as we might perhaps like or perhaps would have the ability to deliver in other sectors. I think they have got some benefit, as long as we recognise that these are no more than indications to the industry as to what we would like to achieve. I had a discussion, for example, with some people in the industry recently about gas storage, and they said, "Do you want to give us an indication as to what you would like?" It became quite difficult, because, as I pointed out, "This is a Labour minister talking to some people in the private sector and you are asking for more government intervention, are you?", and they said, "What we would like to know is really what you want, because we can then go back to our board and decide what part of that we can deliver", which is perfectly reasonable. So, in terms of indicative targets, I think they have got some merit, but I do not think we need to have all the levers you describe in order to give them that level of merit. We must not put more weight on them in terms of deliverability than they can stand.

  Q181  Charles Hendry: Can I broaden that out slightly into the way in which the Government tries to encourage the North Sea development? In the nuclear sector you have established, obviously, nuclear development. A very proactive body looks at where the protected barriers are, looks at how they can remove those barriers. You have also got the New Build Forum. PILOT, perhaps, is relatively similar to the forum because it brings the key figures together, but there is not a similar body to look at where the obstacles to development are and how you can be more proactive in making that happen, so there is no similar equivalent to the Office of Nuclear Development for the oil and gas industry. Do you think there should be? Do you think our Government should have that greater degree of engagement there?

  Mr O'Brien: The Government has a very substantial degree of engagement. I do not think we need to create a particular office in order to achieve that. The industry has had, and continues to have, a close and good relationship with government. Indeed, I sometimes think that I wish that some other sectors were so straightforward to deal with, because these are people who are investing long-term, they talk to us regularly and many of them are still involved in UKCS, are big companies who are used to dealing with government and, therefore, in terms of the way in which they deal with government, they are used to dealing with a group of officials that they know. Both Jim and Simon are well-known to the oil and gas industry and so are some of our other officials. I have not come across them suggesting that they necessarily want a new office. If they did, we would be very happy to talk to them on PILOT and see whether there is a way of developing some further institutional relationships with them that help further exploit UKCS. So we are not opposed to the whole idea; I think if they come to us and talk to us about that, we will engage with them, effectively.

  Chairman: Can we perhaps explore the potential for maximising new opportunities and, indeed, maximising recovery of what is already available. Mike.

  Q182  Mr Weir: You mentioned smaller companies in the North Sea, and in the course of our evidence we have heard from the Independents' Association and others. To what extent do you think the effect of extraction of remaining reserves will be dependent on smaller companies operating in the sector?

  Mr O'Brien: We have had a lot of interest in the recent round of licences. Much of that interest has come from smaller companies. I say smaller companies: these are oil companies, so they are a reasonable size anyway.

  Q183  Mr Weir: It is a relative term.

  Mr O'Brien: It is a relative term. We are not talking about SMEs here. They are not the big Chevron Texaco's, and so on, although they are all still engaged in various different forms in the UK in exploitation, but it is the case that we have recently seen a lot of interest from the smaller explorers, who say that they want to see if they can identify resources, and some of those will look to go and drill and discover resources, and then, if they find them, they will sell them and somebody else will exploit them. Others will to look to exploit over a longer term. So, yes, it is the case that we will increasingly see these smaller companies become much more important in developing the UK Continental Shelf, and that is why, in terms of engagement with them, it is important that we have officials who can work with them and talk to them, but we still have the big players who play a substantial role in PILOT, and we can see, in terms of the way in which the oil and gas industry is developing, that because there is a strong institutional structure there, the small companies do see it and do get engaged with it, so we can work with them quite successfully.

  Q184  Mr Weir: One of the issues that seems to be coming through in the evidence we have heard is the question of the use of existing infrastructure which is basically owned by the larger companies and also the future infrastructure that may be needed, particular west of Shetland. One of the things the smaller companies say is the voluntary infrastructure, the Code of Practice, is not working and they are finding it difficult to access infrastructure. What is your view on that and what is the Government doing to ensure that access to infrastructure is fair?

  Mr O'Brien: You are right that there have been concerns expressed by some of the smaller companies that the large companies have the oil pipeline and gas infrastructure, they have already got it out there. The question is, if the smaller companies are exploiting an area, can they get access to that infrastructure and get their oil and gas out? Back in 2001, I think, we had the guidelines, which were agreed with the industry, about accessibility, and essentially the processes is that they are supposed to negotiate. If they do not reach a deal, then they come to the Secretary of State and the Secretary of State can then intervene. We have to look at the issues. It takes about ten weeks to look through the issues, on average, and to identify what the price of access ought to be. So we have agreed that process. Some of the smaller companies get frustrated because they feel that ten weeks is a long time; they want a decision now (I understand that) and they want a decision that is in their favour (I understand that). They are also concerned that some of the larger companies are now putting additional premiums on to the access, premiums around security and whether there will be sufficient material going into the infrastructure, whether it will be done in a particular way, in effect requiring insurance policies from the smaller companies. They are not only paying for access, which may be on the generally agreed rate, but now they are being asked for certain premiums, and they are getting a bit worried about that, so what we are looking to do is to engage with the larger companies who have got the infrastructure and say, "Look, we have got some guidelines going back to 2001. They have actually worked reasonably well, they have solved the worst problems, but they are not perfect, they are still raising issues", and, of course, in any dispute, particularly over price, you will have people with two different views, and if the price does not turn out to be the view that one of them wants, they will be dissatisfied and they will come and complain. I think we have got a situation which works a lot better than it did before 2001, is not perfect—some problems have arisen in recent years which we need to engage with the industry on—but most of the big players want to do this, I think, in a reasonably straightforward way. They want, of course, to maximise their profit, because, after all, they have put this infrastructure in at great cost and they are not going to give it away to the smaller companies and the smaller companies say, "Look, we could do far more if we could do it a lot cheaper." There is always this sort of tension, and there always will be, we are not going to get away from that, but if we can resolve some of those issues around the additional premiums, that would be very helpful.

  Q185  Mr Weir: Has the Secretary of State been asked to intervene in terms of the Code of Practice? If so, how often, and what is the outcome of that intervention?

  Mr Toole: Has there ever been an actual determination by the Secretary of State? No, there has not. Have there been cases taken towards that direction that have then been settled out of court, so to speak? Yes, there have. Has the guidance that the Secretary of State published as to how he would determine something if it came to him had an impact? It has, because it has set out what the parameters for a second hub would be, and there is no point negotiating in a way too far away from those parameters if you know that the backstop is not going to be where you are negotiating. The Minister has recently set out a letter challenging the industry to be more timely in the discussions, because that is one of the main problems, that things just last too long. There is still a barrier that companies do not really want to get into what is a quasi judicial situation with the Secretary of State, and that is why, as the Minister says, we are trying to work with them at the moment to refine some of the guidance that has been given to make it clearer what the eventual outcome would be so that, again, the negotiations can take place in that area rather than at some area that is simply unreasonable. So the short answer is that there has never been a determination, but that does not mean that that process and the guidelines that have been set up are not influencing what is going on in the day-to-day negotiations.

  Q186  Mr Weir: One final point for the Minister. One of the things that was suggested to us about independence was the idea of a common carrier system for the infrastructure to make sure that everybody—

  Mr O'Brien: A sort of national grid type of thing?

  Q187  Mr Weir: That is right. I believe it works in the Gulf of Mexico, so they told us in any event. That might be difficult with the existing infrastructure, obviously. West of Shetland, for example, new infrastructure will be required because nothing exists at the moment. I just wonder if the Government has given any thought to such a system in our oil and gas fields, or granting access through legislation or regulation if it is not prepared to go that far.

  Mr O'Brien: We think that the exploitation of the benefits of this will bring large returns to companies, and if the state were to intervene and fund such a common carrier, it is difficult. Although we would get taxation from it, we think that this is the sort of thing that the private sector really ought to do. The infrastructure system has worked reasonably well, not (as we have just discussed) perfectly but reasonably well, in the North Sea. Moving into west of Shetland, obviously we have an area which is going to be difficult to exploit, it is much more difficult than the North Sea, but the state intervening to tell the companies how we are going to lay the infrastructure out, making decisions for them about it and then, presumably, charging them substantial amounts for access to it, seems to me to be not the way to go. I would suspect it will mean that many of the companies who would otherwise be looking there will say, "Look, if we could go there and decide how we want to do it, we would go, but if you are going to decide, Government, how to do it, we are not going to go."

  Q188  Mr Weir: I do not think the idea is necessarily that the state would pay for laying the infrastructure and then charge people for access to it, but to ensure that we do not get into a situation where one company controls the infrastructure and controls subsequent access to it; a form of legislation or regulation that would ensure that whatever way the cost has been put to the company, once the infrastructure is in place, there is no barrier to anyone else who is exploring in that area to get access to bring the oil and gas ashore?

  Mr O'Brien: At the moment, west of Shetland we have got a number of companies interested, Total, Chevron, BP. They are all looking at various permutations of putting in infrastructure if they decide to carry out their exploitation there, and there are issues about whether there should be connections from Sullom Voe, whether it would then go down to St Fergus or whether it would go across to the Total pipeline at Frigg. These are all issues which I think, in the end, are commercial ones more than ones that you want to determine by regulation. As far as access to infrastructure is concerned, we have got the guidelines. Those guidelines have worked reasonably well since 2001, not perfectly, but reasonably well. Do we now want to go into a situation where we put in place regulations which oblige larger companies (and it will be by and large them) to put in infrastructure and then oblige them to put particular links in for the smaller companies by law? In which case, they will simply say, "All right, if you want us to do that, we are going to charge for that and those charges will have to go somewhere or we will decide not to carry out that job because it will not be economic any more." I think you are intruding into areas where I do not think the Government necessarily needs to go at the moment. I think we need to monitor it and make sure it is working properly, but I am reluctant to go there at the moment. I would not say it was impossible if things went very wrong, that would mean we would get involved, but we have not got any demand to do it at the moment.

  Chairman: Robert, I know you wanted to raise a few issues particularly west of Shetland.

  Q189  Sir Robert Smith: Yes. I first remind the committee of my interests on the Register of Members' Interests as a shareholder in Shell and that, as Vice Chair of the All Party Oil and Gas Group, I visited the ONS and Stavanga funded by various oil companies for the exhibition and conference. You have highlighted that for the smaller fields, the hubs are crucial, the infrastructure, you have talked about access, but the most crucial thing at this time for the industry is that unless those hubs remain economic all these small fields will remain undeveloped for ever.

  Mr O'Brien: Yes.

  Q190  Sir Robert Smith: West of Shetland, because you did engage with the industry to try and get some kind of collective understanding, because there is all this tantalising availability west of Shetland, various gas fields—no one of them really stacks up, but if one of them were willing to take the risk, then the others could tie together?

  Mr O'Brien: Total are saying that they are looking at Laggan and Tormore at the moment and that they are thinking about putting a gas hub in at Sullom Voe, and we are looking possibly at a decision on that in the autumn, and then Chevron are looking at Rosebank and Lochnagar and BP at Clair; so we have got a lot of interest. There is a difference between jumping in and regulating and engaging with the industry and saying, "Look, if you are creating hubs here, we want to engage with you about what they are going to be like", and it is not just a planning issue here, it is an infrastructure issue. Are these going to be adequate? Are they going to provide the opportunity for others to come in at a later stage? It is more of a dialogue rather than a diktat, and that is the way we have successfully operated in the North Sea up to now, and I think with west of Shetland, in order to exploit it, that is probably the better way of engaging, unless we have to do it some other way.

  Q191  Sir Robert Smith: Do you share Professor Kemp's view to us, or his agreement with us, that west of Shetland is not just about more reserves, but psychologically, if we could unlock the west of Shetland, it would make a material difference to the psychological approach in the market to the investment in the UK Continental Shelf?

  Mr O'Brien: I think that must be right. There is a lot of interest, in fact unprecedented interest last November when we had our latest round of licensing So there remains a lot of interest in the UK as an exploration area, but, of course, if we can develop west of Shetland and if we can commercially identify reserves there that we are able to exploit, then that is a really positive message, and that is why there is a west of Scotland taskforce looking to unlock some of the potential there that will enable us to get the interest from international companies, including many of the smaller ones, to go and work west of Shetland. I think Professor Kemp sounds to me to be right. It is both psychologically and economically going to be good news for Britain if we can, as a whole, ensure that we get access to good reserves west of Shetland.

  Chairman: Clearly, opening up those reserves depends on the current markets, which, of course, as we know, have changed quite dramatically. Colin.

  Q192  Colin Challen: Given the recession, how is the industry managing? Is it getting the borrowing that it requires? Has any state intervention been necessary or been considered?

  Mr O'Brien: There are clearly problems. For example, two of the key banks that have invested in the past in the North Sea are RBS and HBOS, and both of them have had problems. That is a good English understatement, so do not laugh. Yes, it is the case that there are some difficulties. So far, because we are dealing with, by and large, the larger oil companies and gas companies, we have not seen any major problems. We have seen OILEXCO get into difficulties—one of the companies—but I am pleased to say that, as of this morning (nothing to do with my appearance before the Select Committee), they have been bought by Premier Oil, so that is very good news. Premier Oil is a company which is well-known to us and will, I am sure, do a very good job and, hopefully, will secure the future of OILEXCO. So we have had that difficulty. What I am concerned to ensure, and we have been engaging with BERR, the Treasury and also with the banks, is that investment remains still available. We do not envisage any serious problems for the large companies. Many of the smaller companies are not UK based and get their finance from elsewhere in any event, but where there are companies that have used RBS and HBOS, we have seen the Bank of England interventions in January, and to some extent in October, and we have also had the work that is being done by UKFI to manage our involvements in those, and it is clear that the North Sea and the UK Continental Shelf more generally has been an area which has brought great profits and benefits, by and large, so they tend to be good investments. The difficulty is they also tend to be long-term investments, and at the moment many of the banks are concerned about their liquidity and are less anxious to tie up money for long periods. Is there likely to be a difficulty round this? Yes, but let us not exaggerate it, in the sense that the bigger oil companies and gas companies will be fine. The smaller ones, by and large, will be the ones that have difficulties, but not all of them are going to be reliant on UK banks. So there is a sort of niche around there where we do have some concerns—OILEXCO is an example—and we have been engaging to ensure that we monitor very carefully what is happening in the industry, who have got problems (some of them are a bit reluctant to tell us whether they have or not) and what the problems are, and we have also been engaging, not ourselves but through the Treasury and BERR, with the banks in order to ensure that the importance of the UK Continental Shelf is at the forefront of the minds of the banks.

  Q193  Colin Challen: The recession has had a hand in depressing the oil price because the high costs of the industry do not go down as well. Do you see that in the longer-term that will be a self-correcting thing, that when the recession ends the oil price will rise again? Do you see that as being a suitable way for the self-correcting balance to return to the industry?

  Mr O'Brien: We certainly do not want the spike we had last year to return, and that is my main concern at the moment. If you look at the World Energy Report, which came out last November, it says that there is likely to be a long-term shortage of energy. It does not buy the arguments around peak oil or anything like that, but it just says, inevitably, as economies expand there will be constraints. What I said to the Vienna Conference of OPEC last week was that it was enormously important that we sustained, through the recession, the level of investment necessary to put in place the infrastructure that would be needed when economies begin to expand again: because if we get cut-backs on that level of infrastructure investment, we are going to face the problem that there will be greater capacity constraints when the economies expand more than they would otherwise have. Therefore, we are likely to face problems around spikes if we do not get that investment sustained. The OPEC countries said that they recognised the problem, they saw that their investments were long-term, they saw that recession was temporary, they saw that there was going to be substantial demand, that the very low price of oil at the moment was something that was temporary. They did not want to see the spike from last year happen again; they saw it as damaging to the world economy. So I am hopeful that OPEC, and investment more generally, and particularly in the North Sea and UK Continental Shelf, will be able to be sustained during this downturn. If you say, "Am I watching it carefully and am I concerned?", the answer is, yes, I am watching it very carefully and I am concerned. We are not picking up at this point significant or substantial problems, but it would not surprise me if at some point we did start to pick those up.

  Q194  Colin Challen: I understood you to say earlier on that gas storage facilities can act as a cushion against market volatilities. You also mentioned that the industry had asked you for some guidance, but you did not tell us what the guidance was. It varies as to the size of our need. We only have 13 days apparently, according to the press. Germany has over 100 days, France has 80 or 90 days—I know the conditions are different, but do we have an indicative target of how many days storage of gas we should have access to when this can be achieved?

  Mr O'Brien: By and large, I think that the description of gas storage in terms of days is complete nonsense. The access to gas storage is not—. We have got so much and we just pump it out. Some gas storage is fairly well instantly accessible, some of it is medium-term, some of it is long-term storage. In other words, it takes quite a while to access it; it does not just come out. Therefore, what you have (and I cannot remember the figures off-hand for last week) is about 19 days mid-term storage, I think, and probably 30 days in long-term storage and you have by now, probably, about two or three days in short-term storage. It varies substantially, and at this point in the year we would expect there to be very low stocks in storage. Why? Because we have just got through the winter and we have used it. That is what it is there for. So I have no problem with the level of storage falling at this point because they then stock up during the summer and use it during the winter. That is the way we use storage. What you cannot predict is when a crisis might arise internationally, a Ukraine/Russia dispute. If it arises in July, there are all sorts of implications. Probably less demand for gas is probably one, but it is probably a bad time from Russia's point of view to have a crisis, but it is the case that the level of storage varies considerably at different points of the year. What we need as a nation is to recognise that as we become more dependent on imports, so we need more capacity for storage, and if all the storage that we envisage comes to pass and various companies are saying they are going to bring forward storage in the coming years, then we will have a very substantial amount of storage, and certainly in excess of the 20% of imports by 2020 that we currently have.

  Q195  Colin Challen: All these volatilities are not going to go away, even when the recession is over and other circumstances change. Does the Government actually the have concept of a strategic reserve for gas and for oil so that we can weather passing storms? Is that just down to the market to hopefully fill in the gap, or does the Government employ this concept? The Americans do.

  Mr O'Brien: They do. I am somewhat sceptical of it, but I would not dismiss it. We have not for several decades now had to have that concern because we have had access to very large quantities on the UK Continental Shelf in any event, so we have not had to have a concern that we needed to keep, as I was talking to John about earlier, large amounts of oil and gas in the ground just in case. I discussed earlier the practicalities or not of that. What the Americans do is they have known reserves which they just do not exploit, and they will then go in to exploit them at some point in the future. During last year there were various calls upon President Bush, as he was then, to release the security reserve that the US has. We were not in that position because, by and large, we have had North Sea oil and gas and, therefore, that has just been there. We are now moving into a new era where that will be depleted. It is not immediate, we will be moving over a number of decades, and therefore there is now a greater level of discussion about whether we should have some sort of concept of a security reserve. Increasing gas storage provides us with some element of a cushion. I would not describe it as a security reserve, for the reasons I have explained, that it goes down at various points of the year. Would you just lock up large amounts of gas in storage? Who is going to pay for that—that is enormously expensive—and who is going to construct the storage, maintain it and adjust it: long-term artificial storage, not underground? How are you going to do that? I think there are a number of issues around that that probably need a greater degree of exploration. At the moment my answer on a security reserve is somewhat sceptical. Certainly that is not what we need now. Whether we need it in the future I think we can talk about, and I want to listen to the arguments on it: I want to know who is going to pay for this and are we going to pay some oil gas companies, pay them as a state, a large amount of money for holding it?

  Q196  Miss Kirkbride: Can I take you back to what you were saying about investment and just maybe a little bit more detail. As you will be aware, almost every business is anxious about the banks' ability to lend them money at the moment and it does not help the banks that were involved are the ones that are the most troubled. You said that you had been talking to BERR and others about what help might be available. Can we be clear what that is and whether any has been forthcoming so far?

  Mr O'Brien: What we know is that for SMEs, for the smaller companies, there is the Enterprise Finance Scheme (£1.3 billion), for larger companies there is the Working Capital Scheme, and also, not particularly in terms of oil and gas companies but on gas storage, as Colin was raising with me, we have been talking to some of the companies about looking to the European Investment Bank. What we know is that the European Investment Bank has considerable reserves and we have been talking to a number of energy sector companies who have said, "Our bank says normally okay. This is a good project, but at the moment we would like to get some security here." In terms of some of the storage stuff, big enough projects to go to the EIB and engage with them, in terms of, say, renewables and wind projects, not really of sufficient size to go to EIB by themselves, but if we bundle a number of those projects together they will probably go to EIB because EIB only deals with very big projects; and EIB, we are hoping, will give some indication about their receptivity to energy projects because we need to ensure that we get the access to the capital that EIB can provide to ensure that projects which ought to go ahead, which would in normal circumstances go ahead, which would have otherwise have gone ahead, are able to go ahead despite the recession. You have got to be a little bit careful here, because certainly from what I have seen in the market there is a certain amount of delays and game playing, for all sorts of reasons, in terms of prices lowering perhaps on the infrastructure so people will delay for a few months to see whether a project will go ahead. Some of these projects will still go ahead and people are committed to them and the money is there, but there are now delays in terms of people's gaming around infrastructure. So you have just got to be careful about what really is a problem and is a business saying, "Actually, if I delay this three months, prices will go down a bit and I will be better off", and that is a commercial judgment.

  Q197  Miss Kirkbride: You said that the big companies were fine.

  Mr O'Brien: By and large, yes.

  Q198  Miss Kirkbride: Why are they getting access to money more easily?

  Mr O'Brien: What happens with the banks, the major investment banks, is if they have got a relationship with a big successful client that they have dealt with over a long period where there is a known relationship, the bank has a large amount of information about what that client does, how it deals with things, how successful it is. That is a strong relationship, a long-term relationship. If, on the other hand, you get a company that you barely know come to you about which you do not know very much, the banks are then less likely to immediately say, "All right here is a bundle of dosh."

  Q199  Miss Kirkbride: So you are optimistic that the Government schemes so far that have been announced and hopefully will be producing some goods in the not too distant future. There is enough money in those schemes, given the size and the level of investment we need in the North Sea that the North Sea oil companies, the smaller ones, will be able to access those schemes alongside every other business in the country that also wants to access these schemes at the moment.

  Mr O'Brien: I do not say I could say that I could guarantee to you that what we have done so far will be enough. I think what we need to do is monitor the situation. We are, as you know, in a situation now economically which is probably unprecedented, probably the nearest precedent goes back to the 1930s, and that was not even the same in the sense that we have now got a global economy, and certainly in oil and gas it is very global. So we are trying to manage our way through something which is new for leaders and I think the UK have done well. President Obama is trying to encourage other countries to follow the way in which the UK has sought to put more money into the economy and he, obviously, is trying to do the same. You heard his speech yesterday. I think we have got to work our way through what is clearly an economic problem of global and domestic importance. Working our way through this does not mean that we can say, "Well, we've done all we're going to do now and that's it". I do not think we are in that position. We are going to have to keep monitoring this situation and adjust our policy to ensure that we do the things that need to be done to make sure this country gets through these economic problems and out the other side in a good state.

  Chairman: I want to turn to the issue of investment levels and the supply chain. There are many thousands of jobs downstream of the oil and gas sector and they are a very important part of our economy.



 
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