{"id":60135,"date":"2023-07-11T11:55:22","date_gmt":"2023-07-11T18:55:22","guid":{"rendered":"https:\/\/energi.media\/?p=60135"},"modified":"2023-07-11T11:55:22","modified_gmt":"2023-07-11T18:55:22","slug":"unethical-oil-part-2-albertas-orphan-well-crisis","status":"publish","type":"post","link":"https:\/\/energi.media\/unethical-oil\/unethical-oil-part-2-albertas-orphan-well-crisis\/","title":{"rendered":"Unethical Oil Part 2: Alberta&#8217;s orphan well crisis"},"content":{"rendered":"<p><a href=\"https:\/\/energi.media\/markham-on-energy\/unethical-oil-and-the-regulator-albertas-shameful-secret\/\" target=\"_blank\" rel=\"noopener\">Unethical Oil Part 1: Alberta&#8217;s Secret Shame<\/a><\/p>\n<h2>Alberta, industry are gambling that energy transition disruption happens closer to 2050 than 2030, with plenty of time to clean up hundreds of thousands of wells. What if they&#8217;re wrong?<\/h2>\n<p><span style=\"font-weight: 400;\">Dwight Popowich wants to sell his farm and retire. Unfortunately, an orphaned gas well on his property is thwarting that plan. No buyer wants to\u00a0 risk the unknown costs of reclaiming the site, especially if soil is contaminated, and no bank will finance a sale without reclamation. Thousands of farmers and ranchers across the province face similar situations. Landowners aren\u2019t the only victims.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Taxpayers are up next. Premier Danielle Smith has already proposed that Alberta pay $6 billion of the estimated $100 billion to $130 billion bill to clean up industry\u2019s conventional oil and gas environmental liabilities. The \u201cmoral hazard\u201d &#8211; if the government pays once, it will be pressured to pay again and again &#8211; of her RStar program represents a serious financial risk for Albertans. And there will be plenty of pressure from the industry, which has seen bankruptcies soar since the price bust of 2014.<\/span><\/p>\n<p>Alberta producers are under intense pressure: capital is scarce and costly; international and Canadian climate policies require significant investments to reduce greenhouse gas emissions; and the rapid electrification of transportation is already cutting demand for oil. Peak oil demand is less than a decade away, according to the International Energy Agency. The energy transition is disrupting the global energy system far more intensely than we imagined even a few years ago.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignright size-full wp-image-60173\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Exponential-vs.-linear-growth-1000x563-1-e1689092388465.jpg\" alt=\"\" width=\"400\" height=\"225\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Exponential-vs.-linear-growth-1000x563-1-e1689092388465.jpg 400w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Exponential-vs.-linear-growth-1000x563-1-e1689092388465-300x169.jpg 300w\" sizes=\"auto, (max-width: 400px) 100vw, 400px\" \/>Alberta&#8217;s response to the energy transition&#8217;s existential threat is tepid, at best. The reason is rooted in an outdated view of how energy transitions work.<\/p>\n<p>Alberta politicians, business leaders, and CEOs think of energy as a commodity (coal, oil, gas) that grows linearly, small incremental steps over a long time. But energy as a technology (wind, solar, batteries, EVs, etc.) is rooted in electronics and grows exponentially, with hockey-stick adoption curves. This is the fundamental difference between the energy transitions of today and yesterday.<\/p>\n<p>As long-time electronics executive Mike Andrade explains (see below), linear growth thinkers believe they have decades before fossil fuels are threatened while exponential growth thinkers argue that peak demand is imminent, with decline beginning by decade-end.<\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/share.transistor.fm\/e\/8d1184c5\" width=\"100%\" height=\"180\" frameborder=\"no\" scrolling=\"no\" seamless=\"\"><\/iframe><\/p>\n<p>Not surprisingly, linear-thinking Alberta has hunkered down to protect the energy status quo. But believing Alberta has decades to solve its oil and gas liabilities problems suggests that companies will eventually step up &#8211; or be forced to step up &#8211; to address their responsibilities.<\/p>\n<p><span style=\"font-weight: 400;\">Energi Media will argue that Alberta oil and gas CEOs have no intention of paying the full cost of their liabilities.\u00a0<\/span><span style=\"font-weight: 400;\">To be accurate, no CEO or industry association has ever said that, but it is the most likely outcome given the industry\u2019s long history of evading responsibility for its environmental liabilities and the serious possibility that stress created by the energy transition will cause more companies to fail, resulting in many, many new inactive and orphan wells and no progress cleaning up the current huge inventory.<\/span><\/p>\n<p>Then, oil and gas companies will almost certainly do what they have always done, ask for subsidies. Like Premier Smith&#8217;s RStar.<\/p>\n<p>From an exponential growth point of view, Alberta is on the cusp of an environmental liabilities crisis. The clean up bill for old wells and infrastructure is massive, likely to grow significantly, and the Alberta Energy Regulator does not have the policy mandate or the regulatory powers to fix the problem.<\/p>\n<p>This crisis is rooted in 70 years of regulatory failure. Recent improvements to conventional oil and gas liability regulations are modest and, according to experts interviewed by Energi Media, unlikely to lead to real change.<\/p>\n<p><span style=\"font-weight: 400;\">In <a href=\"https:\/\/energi.media\/markham-on-energy\/unethical-oil-and-the-regulator-albertas-shameful-secret\/\" target=\"_blank\" rel=\"noopener\">Part 1<\/a> of this series, Energi Media argued that not fixing the problem could lead to a Doomsday scenario where Alberta is overwhelmed by the environmental damage left behind by the oil and gas companies while provincial coffers are overwhelmed by the cost of trying to clean up the mess.<\/span><\/p>\n<p>Readers can judge for themselves how likely that scenario is for the conventional oil and gas side of the sector. Thousands and thousands of farmers and landowners like Dwight Popowich can attest that Alberta is not acting fast enough to avoid it.<\/p>\n<p>At the very least, the evidence provided in this investigative report explodes the &#8220;ethical oil&#8221; argument.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-60186\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/360165067_1278500326369595_4960768918223585383_n.jpg\" alt=\"\" width=\"600\" height=\"400\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/360165067_1278500326369595_4960768918223585383_n.jpg 600w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/360165067_1278500326369595_4960768918223585383_n-300x200.jpg 300w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\" \/><\/p>\n<h3><b>By the Numbers<\/b><\/h3>\n<figure id=\"attachment_60145\" aria-describedby=\"caption-attachment-60145\" style=\"width: 454px\" class=\"wp-caption alignright\"><img loading=\"lazy\" decoding=\"async\" class=\" wp-image-60145\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Wells-Alberta-AER-2023.png\" alt=\"\" width=\"454\" height=\"352\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Wells-Alberta-AER-2023.png 958w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Wells-Alberta-AER-2023-300x233.png 300w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Wells-Alberta-AER-2023-768x596.png 768w\" sizes=\"auto, (max-width: 454px) 100vw, 454px\" \/><figcaption id=\"caption-attachment-60145\" class=\"wp-caption-text\"><em>Source: Alberta Energy Regulator website.<\/em><\/figcaption><\/figure>\n<p><span style=\"font-weight: 400;\">As of March, 2023, there are a total of 328,728 wells in Alberta, according to the regulator. How many of them are \u201corphan wells\u201d? There is no easy answer, unfortunately.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Generally speaking, an orphan well has no \u201cparent.\u201d The well\u2019s owner is either bankrupt or can\u2019t be identified. Most Albertans probably think of orphan wells the same way. Not so the AER.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In Alberta, a well technically becomes an orphan when the AER transfers it into the <\/span><a href=\"https:\/\/www.orphanwell.ca\/about\/orphan-inventory\/\"><span style=\"font-weight: 400;\">inventory<\/span><\/a><span style=\"font-weight: 400;\"> of the Orphan Well Association (OWA), established 20 years ago. The OWA currently has about 7,000 orphan well sites in various stages of reclamation (sites can take years before being fully decommissioned and reclaimed). More later on the OWA, which is an important part of the story.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Another type of well is \u201cabandoned.\u201d This means the wellbore has been plugged with cement and sealed so that methane and other gases can\u2019t leak (though they sometimes do). <\/span><\/p>\n<p><span style=\"font-weight: 400;\">As of March, 2023 according to AER data, there are 36,675 (7.9% of the total) wells of this type that are \u201creclamation exempt.\u201d Another 96,562 (20.8%) are fully abandoned and reclaimed. Another 90,991 (19.6%) are sealed but the site is not yet reclaimed; additional work is required on those sites and that could include remediating contaminated soil, which can be costly.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The category of most interest is \u201cinactive\/suspended.\u201d We\u2019ll refer to wells of this type simply as inactive.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Sour gas (containing potentially deadly hydrogen sulphide) wells must be inactive (not producing) for six months and other wells must be inactive for 12 months before they are \u201csuspended.\u201d This category of wells may be old and depleted, uneconomic under current prices, or inactive for some other reason. There are 82,635 inactive wells (17.8%) in Alberta, up from 30,000 in the early 1990s, though the peak was reached in 2021 at 97,000.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The key question is, how many of these wells are likely to become orphans?\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">We shouldn\u2019t assume all of them because sometimes inactive wells are reactivated when prices improve. But a <a href=\"https:\/\/www.policyschool.ca\/wp-content\/uploads\/2017\/03\/Inactive-Oil-Wells-Muehlenbachs-1.pdf\" target=\"_blank\" rel=\"noopener\">2017 study<\/a> by University of Calgary economist Lucija Muehlenbachs suggests most of them are permanent residents on the list.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201c&#8230;the [computer] simulations that model scenarios where prices are substantially higher or where production technology is significantly improved, clearly show that the vast majority of these wells will never be reactivated, no matter how dramatically conditions improve,\u201d she concludes.<\/span><\/p>\n<figure id=\"attachment_60147\" aria-describedby=\"caption-attachment-60147\" style=\"width: 457px\" class=\"wp-caption alignleft\"><img loading=\"lazy\" decoding=\"async\" class=\" wp-image-60147\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.19.40-AM.png\" alt=\"\" width=\"457\" height=\"282\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.19.40-AM.png 620w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.19.40-AM-300x185.png 300w\" sizes=\"auto, (max-width: 457px) 100vw, 457px\" \/><figcaption id=\"caption-attachment-60147\" class=\"wp-caption-text\"><em>Source: Update report on Alberta Environment and Sustainable Resource Development&#8217;s upstream oil and gas reclamation certificate program, 2014.<\/em><\/figcaption><\/figure>\n<p><span style=\"font-weight: 400;\">Why doesn\u2019t the AER designate more wells as orphans and transfer them to the OWA? The usual reason: money.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Industry funds the Orphan Fund via an annual levy. Every oil and gas company receives an invoice for their share. Last year the levy was $72 million and companies loudly complained. You can imagine the grumbling when the 2023 levy was set at $135 million. And the levy is the cost of reclaiming a small fraction of the potential orphan wells.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The final category of interest is included in the active wells. These are \u201cmarginal producers\u201d (making less than 10 barrels per day) that are either uneconomic or likely will be soon. The American term is \u201cstripper well.&#8221;<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u00a0\u201cOut of our active well populations 61% of them are marginal producers which means they are producing 10 or less barrels of oil or oil equivalent a day,\u201d Wadsworth noted in his 2018 presentation.<\/span><span style=\"font-weight: 400;\">\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">That\u2019s 95,150 wells. How many will end up on the inactive list and go on to become orphans? Impossible to say, but the CER oil demand scenarios showing falling demand and low prices after 2030 suggest Alberta\u2019s future likely holds many more, not fewer, uneconomic wells.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Historically, the number of Alberta\u2019s problem wells has never declined, at least not for more than a brief blip on the timeline. Regulator data shows there were 30,000 in 1986, 60,000 in 1995, and by 2020 about 90,000.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">There is one exception. Over the past three years, in part because of the federal COVID-19 relief program that provided $1 billion for well clean up in 2020. Higher prices in 2021 and 2022 also helped. Higher industry spending required by the UCP government\u2019s new mandatory spend requirements also contributed to the fall.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Given that federal support has ended and that the industry continues to drill thousands of new wells every year, plus the potential for marginal producers to slide into inactive\/suspended, a good argument can be made that Alberta is at best treading water. Perhaps the steady increase in potential orphans has been slowed, but even that is too early to tell.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Not all wells, however, are created equal. \u201cIndustry is not prioritizing end-of-life obligations,\u201d the AER noted in a 2019 \u201cliability narrative\u201d obtained by The Narwhal through a freedom of information request,\u00a0<\/span><span style=\"font-weight: 400;\">preferring to reclaim \u201cdry\u201d wells that never produced oil or gas wells because reclamation costs are higher than oil well sites, which often have contaminated soil.\u00a0<\/span><\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-60168\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-06-10-at-7.10.39-AM-e1689017424546.png\" alt=\"\" width=\"600\" height=\"259\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-06-10-at-7.10.39-AM-e1689017424546.png 600w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-06-10-at-7.10.39-AM-e1689017424546-300x130.png 300w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\" \/><\/p>\n<p><span style=\"font-weight: 400;\">This practice continues the age-old industry practice of kicking today\u2019s problems down the road and letting someone else worry about them.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Wells are also not the only conventional oil and gas liabilities. There are approximately 440,000 kilometres of pipelines within Alberta that fall under the purview of the AER. And \u201cthere are over 90,000 licensed facilities in Alberta,\u201d says the liability narrative, but \u201cthe number of\u00a0 inactive facilities is uncertain; however, less than 3% have been fully reclaimed.\u201d Some liabilities &#8211; \u201cpartial upgraders, borrow\u00a0 pits, remote sumps, and access roads etc.\u201d &#8211; were excluded altogether by the AER.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Experts interviewed by Energi Media often mentioned human health risks as one consequence of old leaky wells dotting rural Alberta, but neither the AER nor the provincial government seem to have a good handle on the magnitude of that risk.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The picture painted by the data is of a rural landscape overrun with unreclaimed oil and gas infrastructure. How much of it leaks? Is it all properly secured? If there is an owner, does the company inspect and test the equipment regularly as regulations require? The answer, sadly, is that no one knows for sure. The AER doesn\u2019t have the resources to perform inspections and far too often wells have no owners.<\/span><\/p>\n<p><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/Pm9ky3xEo6s\" width=\"300\" height=\"166\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><\/iframe><\/p>\n<p>&nbsp;<\/p>\n<h3><b>What\u2019s the Bill for Cleaning Up Conventional Oil and Gas Liabilities?<\/b><\/h3>\n<figure id=\"attachment_60149\" aria-describedby=\"caption-attachment-60149\" style=\"width: 406px\" class=\"wp-caption alignright\"><img loading=\"lazy\" decoding=\"async\" class=\" wp-image-60149\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.38.37-AM.png\" alt=\"\" width=\"406\" height=\"305\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.38.37-AM.png 722w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.38.37-AM-300x226.png 300w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.38.37-AM-678x509.png 678w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.38.37-AM-326x245.png 326w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.38.37-AM-80x60.png 80w\" sizes=\"auto, (max-width: 406px) 100vw, 406px\" \/><figcaption id=\"caption-attachment-60149\" class=\"wp-caption-text\"><em>Source: Feb. 28, 2018 presentation by Robert Wadsworth, AER.<\/em><\/figcaption><\/figure>\n<p><span style=\"font-weight: 400;\">In February, 2018 and then later in June of that year, Robert Wadsworth made two presentations to private groups about the cost of reclaiming Alberta\u2019s oil and gas liabilities. Someone leaked those presentations to reporters from Global News, the National Observer, and the Toronto Star who were working on a joint investigation into the oil and gas industry. The <\/span><a href=\"https:\/\/www.nationalobserver.com\/2018\/11\/01\/news\/alberta-regulator-privately-estimates-oilpatchs-financial-liabilities-are-hundreds#\"><span style=\"font-weight: 400;\">headlines<\/span><\/a><span style=\"font-weight: 400;\"> focused on the big numbers: $260 billion in total, $130 billion each for conventional production and the oil sands.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The conventional production costs broke out as $100 billion for wells and $30 billion for pipelines, with no mention of costs for facilities and other infrastructure. Wadsworth, the AER\u2019s vice-president of closure and liability, cautioned that even his team&#8217;s much higher estimates were likely conservative.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">At the time, Energi Media criticized the story for not taking full advantage of the treasure trove of information and insights in the presentations. The story was obviously so much bigger. The Unethical Oil series is, in part, a response to the deficiencies of the reporting about oil and gas liabilities over the past five years.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Another point we made was that Wadsworth\u2019s numbers were only relevant if the entire Alberta industry was vapourized overnight. If every well, every facility, every pipeline required immediate reclamation. The prevailing view among the international experts we interviewed about the energy transition at the time was that changes to the global energy system would happen more slowly, taking decades past 2050 for significant change to happen.<\/span><span style=\"font-weight: 400;\">\u00a0<\/span><span style=\"font-weight: 400;\">The past five years have proven that view to be wildly wrong.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The AER responded to the sensational headlines by claiming that the $260 billion was an absolute worst case scenario. A more accurate number for conventional wells, they said, was $58.65 billion. But as the AER\u2019s 2019 &#8220;liability narrative&#8221; noted, \u201cThe current liability calculations are not an adequate reflection of liability in the province.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">That year, The Alberta Liabilities Disclosure Project &#8211; a coalition of landowners, advocacy groups, and concerned citizens &#8211; was created to refine the AER data even further. Their ultimate goal was to pressure the provincial government, the regulator, and industry to clean up the unreclaimed well mess.\u00a0<\/span><\/p>\n<h3>Citizen Group Finishes AER&#8217;s Work<\/h3>\n<p><span style=\"font-weight: 400;\">\u201cFor decades, we&#8217;ve looked the other way as the number of ageing oil and gas wells threatening farm lands and drinking water continues to grow,\u201d lead researcher Regan Boychuk <\/span><a href=\"https:\/\/www.aldpcoalition.com\/news\"><span style=\"font-weight: 400;\">said<\/span><\/a><span style=\"font-weight: 400;\"> in a press release. \u201cWe need the government to tell Albertans the truth, so we can make a plan to deal with this ticking time bomb.\u201d<\/span><\/p>\n<figure id=\"attachment_60150\" aria-describedby=\"caption-attachment-60150\" style=\"width: 426px\" class=\"wp-caption alignleft\"><img loading=\"lazy\" decoding=\"async\" class=\" wp-image-60150\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.43.32-AM.png\" alt=\"\" width=\"426\" height=\"295\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.43.32-AM.png 1182w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.43.32-AM-300x208.png 300w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.43.32-AM-1024x710.png 1024w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.43.32-AM-768x532.png 768w\" sizes=\"auto, (max-width: 426px) 100vw, 426px\" \/><figcaption id=\"caption-attachment-60150\" class=\"wp-caption-text\"><em>Source: The Big Cleanup, Alberta Liabilities Disclosure Project, 2021.<\/em><\/figcaption><\/figure>\n<p><span style=\"font-weight: 400;\">The Disclosure Project used freedom of information requests to obtain the AER\u2019s internal liabilities study created by Wadsworth\u2019s team. The study contained 368 cost scenarios for various types of wells. As the coalition noted, \u201cthe ALDP simply finished what the AER started.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Where Wadsworth simply multiplied the number of unreclaimed wells by $275,000, a rough cost of reclaiming a well, the Disclosure Project\u2019s software sorted \u201chundreds of thousands of wells into hundreds of cost scenarios developed by the AER based on wells\u2019 ages, depths, types, and regions,\u201d according to its 2021 <\/span><a href=\"https:\/\/www.aldpcoalition.com\/_files\/ugd\/6ca287_2ffe90ca7c354d3eac43b5f141b6ec8a.pdf\"><span style=\"font-weight: 400;\">The Big Cleanup<\/span><\/a><span style=\"font-weight: 400;\"> report. The new study estimated the number of unreclaimed wells to be over 300,000, with minimum clean up costs between $40 billion and $70 billion for wells alone.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Pipelines, however, were not included in the Disclosure Project\u2019s estimates. That adds another $30 billion of costs, according to the coalition. In the end, the Disclosure Project\u2019s numbers are $70 billion to $100 billion. Add costs for the tens of thousands of unreclaimed facilities and other types of infrastructure, not to mention higher costs to clean up contamination, and they are probably in the range of $100 billion to $130 billion, not far off Wadsworth\u2019s total.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Another important finding of the Disclosure Project\u2019s study is that 80 per cent of Alberta\u2019s unreclaimed wells are beyond their \u201ceconomic limit.\u201d This means the amount of hydrocarbons the well is likely to produce for the remainder of its life would generate less revenue than the cost of reclaiming the well.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If accurate, there already may not be enough future revenue to pay reclamation costs for conventional oil and gas liabilities even if companies wanted to. And only around $200 million is held as security by the AER against those liabilities.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Where will the money come from to cover the oil and gas industry\u2019s enormous liabilities?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cAn ethical, well-governed fossil fuel industry would pay its own way without billions in public subsidies and would clean up its own mess. As this report clearly shows, that\u2019s not what\u2019s happening in Alberta today,\u201d said report co-author Dr. Dianne Saxe, former Ontario environment Commissioner. \u201cThis makes a mockery of Alberta\u2019s claims that its oil and gas industry is an ESG leader.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">And a mockery of Alberta\u2019s claims to extract \u201cethical oil.\u201d<\/span><\/p>\n<h3><b>Contamination Increases Uncertainty<\/b><\/h3>\n<p><iframe loading=\"lazy\" src=\"https:\/\/share.transistor.fm\/e\/294a3124\" width=\"100%\" height=\"180\" frameborder=\"no\" scrolling=\"no\" seamless=\"\" data-mce-fragment=\"1\"><\/iframe><\/p>\n<p><span style=\"font-weight: 400;\">Something wasn\u2019t quite right. Dr. Kevin Timoney\u2019s review of hundreds of AER oil and gas spill records showed that every one, without exception, claimed that 100 per cent of the fluid spilled was recovered. This is scientifically impossible. Imagine, he says, pouring a litre of water on your lawn and then trying to get it all back.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cI graphed spill volume against recovery volume,\u201d the scientist wrote in his 2021 book, Hidden Scourge. \u201cIt was a straight-line 1:1 relationship. In short, the spill recoveries were too good to be true. At that point, I smelled smoke and went looking for the fire.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Over the course of six years, he examined regulators\u2019 oil and gas spill data from over 100,000 incidents in Saskatchewan, North Dakota, Montana, and the Northwest Territories, but by far the most (almost 80,000) was in his home province of Alberta.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The AER\u2019s numbers are simply not to be believed. Given that data is the lifeblood of oil and gas regulation, this is a serious blow to the regulator\u2019s credibility. Energi Media will examine the AER\u2019s data problems in more detail later in this series.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">For now, though, Dr. Timoney\u2019s work raises a troubling question: just how badly contaminated are Alberta\u2019s oil and gas wells?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">His book\u2019s conclusion is that contamination is far more serious than the AER and the industry are admitting. But no one really knows. The data is so bad, so torqued and unreliable, as to be useless. In fact, conventional oil and gas contamination is rarely raised in the many regulator documents that have been reviewed by Energi Media to date. The assumption seems to be that contaminated sites are a minor issue.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">But Dr. Timoney\u2019s research suggests the opposite conclusion. If he\u2019s correct, then the cost to properly remediate conventional Alberta\u2019s oil and gas liabilities is probably much higher than the AER and the industry think.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">That makes an already bad situation that much worse. This is more evidence that it\u2019s time for Albertans to understand and prepare for the worst case scenario, not the best.<\/span><\/p>\n<h3><b>How Did Alberta Get in this Mess?<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">The <\/span><a href=\"https:\/\/elc.ab.ca\/wp-content\/uploads\/2019\/12\/The-Polluter-Pays-Principle-in-Alberta-Law-December-2019.pdf\"><span style=\"font-weight: 400;\">idea<\/span><\/a><span style=\"font-weight: 400;\"> of \u201cpolluter pays\u201d is simple: if you pollute, you pay to clean it up. Putting the principle into practice is trickier. Industries push back, citing high costs and job losses. Sometimes allocating responsibility between polluters is difficult. Nevertheless, \u201cpolluter pays\u201d is a mainstay of environmental law, including in Alberta.<\/span><\/p>\n<figure id=\"attachment_60154\" aria-describedby=\"caption-attachment-60154\" style=\"width: 249px\" class=\"wp-caption alignleft\"><img loading=\"lazy\" decoding=\"async\" class=\" wp-image-60154\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Doug-Wylie-1024x916-1-e1688922032291.jpg\" alt=\"\" width=\"249\" height=\"244\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Doug-Wylie-1024x916-1-e1688922032291.jpg 583w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Doug-Wylie-1024x916-1-e1688922032291-300x293.jpg 300w\" sizes=\"auto, (max-width: 249px) 100vw, 249px\" \/><figcaption id=\"caption-attachment-60154\" class=\"wp-caption-text\"><em>Doug Wiley, Alberta auditor general.<\/em><\/figcaption><\/figure>\n<p><span style=\"font-weight: 400;\">\u201cAlberta\u2019s liability management system is based on the \u2018polluter pays\u2019 principle that if energy companies (licensees) are going to profit from Alberta\u2019s resources, they must safely close (abandon, remediate, and reclaim) their wells, pipelines, and facilities once they are finished with them,\u201d Auditor General Doug Wylie said in his <\/span><a href=\"https:\/\/www.oag.ab.ca\/reports\/oag-liability-management-of-non-oil-sands-oil-and-gas-infrastructure\/?topic=1192\"><span style=\"font-weight: 400;\">2023 report<\/span><\/a><span style=\"font-weight: 400;\"> about the many failings of the AER\u2019s conventional oil and gas liability management.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cIn upholding this principle, Albertans are to be shielded from having to cover the costs of these closure obligations and be sufficiently protected from health and safety risks and environmental harm.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The principle in one form or another has been embraced by Alberta regulators down through the years. Many times the iterations of the regulator have sounded the alarm bells as the province\u2019s unfunded conventional liabilities steadily grew. They have produced papers outlining the problems, convened committees with industry to devise solutions, and fretted behind the scenes at Alberta\u2019s inability to halt the march of growing liabilities.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Yet, as late as 2019, the AER was lamenting in the liability narrative brief about its passive approach to managing liabilities:\u00a0<\/span><span style=\"font-weight: 400;\">\u201cThe current liability management system is largely reactive; we are not proactively managing companies and their liability. It is imperative the [policy] framework change to meet today\u2019s realities and to ensure that the liability associated with end-of-life obligations remains with industry.\u201d<\/span><\/p>\n<p>The reason liability management is reactive and not proactive lies with choices made decades ago.<\/p>\n<p>Alberta governments as far back as the 1930s prioritized industry growth and profitibilty, which ruled out taking full security for reclamation when the well was drilled. At the beginning of the &#8220;<span style=\"font-weight: 400;\">well lifecycle,&#8221; as the regulator describes it.<\/span><\/p>\n<p>Taking security or forcing the producer to clean up liabilities at the end of that lifecycle is ineffective because the company is often bankrupt. <span style=\"font-weight: 400;\">As the AER wryly noted in the liability narrative, \u201cmanaging end-of-life obligations in insolvency is too late in the lifecycle.\u201d <\/span><\/p>\n<p>Or, as is often the case today, larger companies prefer to spend capital on income-generating projects, not reducing liabilities. This curious approach explains a great deal about why producers prefer to leave wells inactive rather than cleaning them up.<\/p>\n<h3>An Odd Way of Thinking About Oil and Gas Liabilities<\/h3>\n<p>Dan Wicklum was head of COSIA (Canadian Oil Sands Innovation Alliance) for seven-and-a-half years. The organization was created by the oil sands producers (some of whom are significant producers of conventional oil and gas) to share research and technology. His job included working with CEOs and senior executives to help find solutions to complex problems like tailings pond reclamation.<\/p>\n<p>He learned that oil companies view environmental liabilities not as an unavoidable cost of doing business, but as just one more business unit that competes internally for capital. Can reclaiming tailings or a well site earn a profit? Can it earn a higher return on capital than drilling a new well?<\/p>\n<div>\n<p>&#8220;The first priority is following the law, being regulatory compliant,&#8221; Wicklum\u00a0told Energi Media. &#8220;Anything more than that, it needs to be a source of income, not a net financial cost to the company.&#8221;<\/p>\n<p><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/8K_EzX4NWXY\" width=\"300\" height=\"166\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><\/iframe><\/p>\n<p>Reclaiming old well sites is almost never a source of income, but have oil companies discovered other types of value that might persuade them to allocate capital for reclamation? Will Ratliffe thinks they have. He is a professional geologist and has spent most of his oil patch career working with liabilities.<\/p>\n<p>Companies&#8217; attitudes are slowly changing, he said.<\/p>\n<p>The first step is understanding the type of liability sitting in a company&#8217;s inventory, then determining how much reclamation costs. The liabilities sit on the company&#8217;s balance sheet, says Ratliffe, and investors appreciate when management lowers that obligation, thereby improving its financial position.<\/p>\n<p>&#8220;A quiet change is happening within companies, even on the financial and accounting side,&#8221; he said. &#8220;These folks are doing a good job of point outing internally that $10 spent on asset retirement should reduce liabilities by $10. That&#8217;s something industry has struggled with.&#8221;<\/p>\n<p>In the past, depleted wells would be sold to stripper well operators. That practice is changing, in part because of recent high-profile cases that involved lawsuits (e.g. Sequoia Energy, see below) or intervention by the regulator (e.g. Shell&#8217;s sale of sour gas assets to Pieridae Energy ).<\/p>\n<p>&#8220;The risk from doing that now, I think, is much more apparent and very well understood by corporations,&#8221; says Ratliffe.<\/p>\n<\/div>\n<p>How widespread is that understanding? To what extent are companies prepared to act on it? We don&#8217;t have answers to those questions yet and may not for some time. We do know, however, know how oil and gas companies thought about their liabilities in the past.<\/p>\n<p>The dilemma for Alberta regulators, then, has always been where and how to effectively intervene in the well lifecycle.<\/p>\n<p>Alberta is not the only North American jurisdiction that failed to solve this puzzle.<\/p>\n<h3><b>The Incumbency Dilemma<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Alberta is suffering from the incumbency dilemma: faced with disruptive change and no acceptable responses, the incumbent doubles down on the status quo. The forces of change (new energy technologies, vigorous climate policies) are denied or minimized. The agents of change (renewables, electric vehicles, etc.) are demonized. And, critically, soothing narratives (\u201cethical oil\u201d) allow incumbents to fool themselves that all is well.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Often it is, until the last minute. The newspaper industry, for example, enjoyed its most profitable years just before tech platforms like Google and Facebook destroyed its advertising revenue model. One day, like newspapers all over North America, incumbents wake up to find themselves mired in a cascade of crises, failures, and eventually insolvency.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Perhaps it&#8217;s just coincidence that Alberta\u2019s big oil and gas companies enjoyed record profits in 2022?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As noted American economist Phil Verlager told Energi Media (see below), oil and gas (especially the conventional production) is now a mature, sunset industry. What do sunset industries do? For starters, they consolidate. Over the past decade, the once mighty juniors (production under 10,000 barrels per day) have been devastated by bankruptcies and now intermediates (production under 50,000 barrels per day) are failing at an alarming rate. The pool of oil companies available to pay for reclaiming liabilities is steadily shrinking.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Incumbents also return capital (as opposed to earning returns on that capital) to placate shareholders. The Alberta majors are promising to return three-quarters, and sometimes more, of their free cash flow to investors. During disruption, this is the only way to bolster stock prices, ensure access to capital, and keep the CEOs and their executive teams employed.\u00a0<\/span><\/p>\n<p>Admitting to investors that Alberta&#8217;s liability crisis is much worse than previously thought would undermine confidence and cause serious headaches in C-suites all over downtown Calgary.<\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/share.transistor.fm\/e\/72e05025\" width=\"100%\" height=\"180\" frameborder=\"no\" scrolling=\"no\" seamless=\"\"><\/iframe><\/p>\n<h3><b>US States Also Struggled with Security<\/b><\/h3>\n<figure id=\"attachment_60151\" aria-describedby=\"caption-attachment-60151\" style=\"width: 408px\" class=\"wp-caption alignright\"><img loading=\"lazy\" decoding=\"async\" class=\" wp-image-60151\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.48.39-AM-e1688921369868.png\" alt=\"\" width=\"408\" height=\"215\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.48.39-AM-e1688921369868.png 800w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.48.39-AM-e1688921369868-300x158.png 300w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-9.48.39-AM-e1688921369868-768x405.png 768w\" sizes=\"auto, (max-width: 408px) 100vw, 408px\" \/><figcaption id=\"caption-attachment-60151\" class=\"wp-caption-text\"><em>Source: Environmental Defence Fund.<\/em><\/figcaption><\/figure>\n<p><span style=\"font-weight: 400;\">During an interview with Patrick Montalban, the vice-chair of the <a href=\"https:\/\/nswa.us\/\" target=\"_blank\" rel=\"noopener\">US National Stripper Well Association<\/a> mentioned that every state oil and gas regulator required oil companies to take out a surety bond against future reclamation costs. This ensured, he said, that as the wells became more and more depleted, and slid down the oil patch food chain to smaller and smaller companies, money would be available to seal the wellbore and reclaim the site.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The evidence shows that the state regulatory systems were just as as flawed as Alberta\u2019s and, in some cases, even worse. The surety bonds (sometimes letters of credit or other types of security) represented only pennies on the dollar of the eventual reclamation costs. Many states permitted \u201cblanket bonds\u201d that covered dozens and even hundreds of wells. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Just as in Alberta, oil companies found it much cheaper to walk away from wells than reclaim them.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The United States now has close to four million wells and as many as 1.5 million orphan wells. No one knows the exact number, <\/span><span style=\"font-weight: 400;\">Adam Peltz of the Environmental Defence Fund\u2019s orphan well program told Energi Media. Pennsylvania, for example, drilled its first well in the 1850s and never established effective regulation of the industry until a century later. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">The data is spotty and many wells are undocumented. Health hazards are a serious concern. The United States may be a preview of Alberta&#8217;s future if corrective action is not taken soon.<\/span><\/p>\n<h3><b>Cognitive Dissonance in the Oil Patch<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">For Part 2, Energi Media reviewed a number of historic and current Alberta oil and gas regulator documents. There is a curious thread that runs through most of them, going back to at least the 1980s, that readers should keep in mind.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Documents for public consumption often start with bromides like \u201cAlberta has a long history of responsible oil and gas development\u201d or \u201cthe Alberta Energy Regulator is recognized as a world class regulator.\u201d\u00a0<\/span><span style=\"font-weight: 400;\">Then the document will go on to describe horrendously serious regulatory problems that completely disprove the earlier assertion. Sometimes there is a palpable tone of desperation to the writing.\u00a0<\/span><\/p>\n<p><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/QvABWaQiRl4\" width=\"300\" height=\"166\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><\/iframe><\/p>\n<p><span style=\"font-weight: 400;\">This tension between the public and private faces of the regulator is revealing. It shows the extent to which even the regulator has succumbed to the \u201cethical oil\u201d narrative. Or, more likely, that\u2019s a feature, not a bug, of the Alberta regulatory regime\u2019s design.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">It helps explain why the AER claims to be transparent and open, but in practice jealously guards information and data from prying eyes. A number of industry sources have told Energi Media that past iterations of the regulator were far more forthcoming. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">As Dr. Timoney discovered, the AER\u2019s opaqueness made him wonder what the regulator is hiding and then he discovered it was quite a lot, actually.\u00a0<\/span><\/p>\n<h3><b>One Family\u2019s Struggle<\/b><\/h3>\n<p><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/S5OcB8xrXKM\" width=\"300\" height=\"166\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><\/iframe><\/p>\n<p><span style=\"font-weight: 400;\">In 1999, Dwight Popowich and his wife Sharon, a nurse at the local hospital, bought 75 acres five minutes south of Two Hills in east-central Alberta. Nine years later they were approached by one of the intermediate oil companies that wanted to drill a gas well on their land. Popowich says he signed an agreement in part because he wanted to be a \u201cgood Albertan.&#8221;<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Untold numbers of Alberta farmers fell for the same spiel.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cWhen the [oil company\u2019s] landman went to a farmer&#8217;s property and talked to the family about what the company wanted to do, the story was, \u2018we&#8217;d like to drill an oil and gas well, we&#8217;re a big responsible corporation that really knows how to do things safely,\u2019\u201d says Chris Severson-Baker, whose job at the Alberta Energy Regulator\u2019s Drayton Valley office a decade ago was to work with local landowners who had inactive or orphan wells on their property.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201c\u2018This is a temporary use of the land surface. You&#8217;ll be compensated for your trouble. And then at the end of the 10, 15, 20-year period, we&#8217;ll restore things to exactly how they were when we showed up.\u2019 That was a great story. People just didn&#8217;t have a lot of experience to question that.\u201d<\/span><\/p>\n<p><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/m3AoneZx49c\" width=\"300\" height=\"166\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><\/iframe><\/p>\n<p><span style=\"font-weight: 400;\">In Popowich\u2019s case, the company appeared to be financially secure. He believed the AER would have his back if problems cropped up in the future. Still, he had a few concerns that he insisted be added to the agreement. Almost from the start there were problems.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">No tanks were allowed on the well site, according to the lease, but the company installed one anyway. When Popowich raised the issue with the company, \u201cthey just outright refused to do anything about it,\u201d he claims.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The AER was no help enforcing the agreement. Popowich\u2019s only option was to sue the company. The small annual surface rights payment and the accompanying aggravation simply didn\u2019t make it worth his while. He says many farmers in his area are in the same situation. While they grumble about the inconvenience and lost use of their land, few are willing to seek recourse.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The system is rigged in favour of the oil companies and appears to have been from the beginning.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">A regulatory change 37 years ago made things worse.<\/span><\/p>\n<h3><b>The Beginning of the Modern Conventional Well Crisis<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Informational Letter IL 86-1 dated February 21, 1986 informed oil and gas operators that the Energy Resources and Conservation Board had decided to not bother with even the pittance of security it had been collecting from new well operators.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cThe requirement that each applicant for a well license provide a deposit to guarantee the proper drilling, control, completion, suspension, or abandonment of the well has been dropped\u2026The deposit amounts were so small that little protection was afforded against large expenditures where a licensee did not exist or was not able to meet his responsibilities, and increasing the deposit to a meaningful amount was not considered feasible.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Instead, the Board proposed an abandonment fund \u201cwhich might be necessary in the few instances where a licensee cannot be found or is unable to carry out proper operations.\u201d The letter says that the Alberta government and industry trade associations \u201cagreed\u201d to the fund.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Depending on oil and gas operators to do the right thing, followed by having the industry inadequately fund reclamation when they inevitably didn\u2019t do the right thing, would be Alberta\u2019s liabilities management strategy for most of the next four decades. From then until now, the regulators\u2019 various schemes to get oil companies to reclaim their wells, facilities, and infrastructure, have been one failure after another.<\/span><\/p>\n<p><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/Ivlk9W8lPug\" width=\"300\" height=\"166\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><\/iframe><\/p>\n<h3><b>Hitching the Regulatory Wagon to Funds<\/b><\/h3>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-60156\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-2.10.07-PM-e1688937035900.png\" alt=\"\" width=\"600\" height=\"65\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-2.10.07-PM-e1688937035900.png 600w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-2.10.07-PM-e1688937035900-300x33.png 300w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\" \/><\/p>\n<p><span style=\"font-weight: 400;\">University of Calgary law professor Shaun Fluker has created a useful timeline of Alberta\u2019s ineffective liability management policies.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">When the ERCB stopped taking security in 1986, it introduced a $3 million Special Well Fund created from unreturnable security deposits and additional funds from the regulator. \u201cThe intention was that interest earned by the Fund would cover costs incurred by the ERCB to abandon orphaned wells,\u201d University of Calgary law professor Shaun Fluker told Energi Media in an email.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In a 1989 document, \u201cRecommendations to Limit the Public Risk from Corporate Insolvencies Involving Inactive Wells,\u201d the ERCB noted that the Special Well Fund could only pay the reclamation costs for 200 orphan wells. The Board wasn\u2019t sure how many there were. Their best guess was 17 to 243. The real problem was the 25,000 inactive wells that \u201care neither producing nor are they properly abandoned.\u201d Up to 1,600 of these wells did not have \u201ctraceable owners,\u201d making them orphans for all practical purposes.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The regulator continued to assume that if an inactive well had an owner, the asset would be reclaimed by that owner at some point. But low oil and gas prices during the late 1980s, which led to a rapid increase in oil company bankruptcies, began to change that view.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In the spring of 1991, ERCB senior manager JR Nichol presented a paper about orphan wells (to a drilling conference in Calgary) that is notable for its heightened level of concern about liability dumping. The regulator was also worried about the \u201cever-increasing population of suspended or inactive wells\u201d and their potential for becoming orphans.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201c&#8230;the Board was concerned about the rationalization of assets that was ongoing in industry which was resulting in the sale of wells from large companies to many small players,\u201d he told the audience during his presentation. \u201cSome of these new licensees had little or no background or experience in the oil business and in the Board\u2019s view some had questionable financial responsibility and capabilities.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The ERCB\u2019s proposal was to widen the pool of those responsible for reclamation. It proposed a \u201cchain of responsibility in descending order\u201d that began with the current owner or licensee, then the receiver acting on behalf of insolvent licensees, owners of a percentage of a well (called working interest participants), previous licensees who had sold the well, lessees and previous lessees of mineral rights, and finally, minerals rights holders.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Industry strenuously objected to the proposal. It\u2019s not hard to see why. Big producers who thought they had jettisoned environmental liabilities would once again be on the hook.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The companies countered with a proposal that has implications for today\u2019s liabilities crisis: \u201cIndustry has thus recommended that the chain be limited to the current licensee and working interest holders and the receivers on behalf of any or all of those parties, <\/span><b><i>and that an industry-sponsored fund be established to pay for the share of abandonment costs of bankrupt owners<\/i><\/b> <span style=\"font-weight: 400;\">[emphasis added].\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The highlighted text is critical: oil and gas producers proposed the principle that industry is collectively responsible for orphan wells.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Landowner advocates like Mark Dorin and Dwight Popowich argue that the principle applies whether that responsibility is for a few wells, as was the case in the early 1990s, or the hundreds of thousands of wells, pipelines, and facilities of today. Companies, not the people of Alberta, must be on the hook for every penny of the $130 billion of oil and gas liabilities.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The Abandonment Fund was created in 1994. Revenue was to be generated by fees on new well licensees and an annual levy on inactive wells. Orphan pipelines and facilities were included in 1996.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The following year brought the Long Term Inactive Well Program, the first inventory reduction policy not directed specifically at orphans. Wells inactive for more than 10 years had to be abandoned, be put back into production, or have security posted against future reclamation. The program lasted just two years before being cancelled.<\/span><\/p>\n<h3><b>Liability Mis-management Rampant After 2000<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">An AEUB memorandum dated September 27, 2000 and written by Howard Fedorak, a coordinator of the surveillance branch of the corporate compliance department, explains why the Long Term Inactive Well Program was ended: <\/span><span style=\"font-weight: 400;\">\u201cFurther consideration for cancellation of the LTIWP was based on a concern from industry that the LTIWP program requires licensees to address or place deposits on specific wells. It has been suggested that this prescriptive approach hampers industry\u2019s ability to selectively administer its wells.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The memorandum notes that the LTIWP was quite successful, with 1,200 long-term inactive wells being abandoned (cut, capped, and sealed) and $24 million of security being taken against another 1,500 wells. This observation is reflected in the fact that the number of inactive wells stopped rising during the brief tenure of the LTIWP.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cThe regulator\u2019s &#8216;rationale&#8217; doesn&#8217;t totally make sense,\u201d says Yewchuk. \u201cNone of the documents provide a clearly reasoned explanation why they cancelled the LTIWP rather than fixing the problems. For instance, that it only covered abandonment, not reclamation, and the required deposits allowed in place of abandonment were too low.\u201d<\/span><\/p>\n<h3><strong>Licensee Liability Rating<\/strong><\/h3>\n<p><span style=\"font-weight: 400;\">The new system was called the Licensee Liability Rating (LLR) Program. It turned out to be a spectacular failure.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The regulator had previously used a simple screening tool &#8211; the ratio of active wells to inactive wells &#8211; as a proxy for oil and gas company financial solvency, a tool that didn&#8217;t work very well. Instead, assets and liabilities of a licensee would now be calculated every month. If assets equal liabilities, the ratio was one, the licensee was considered insolvent, and the regulator required action, such as a security deposit. A liability ratio between one and two was considered the danger zone where a licensee could easily slip into insolvency.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cThe LLR will more accurately assess the asset to liability ratio of each licensee and require financial security deposits from licensees not achieving the specified LLR threshold [of 1.0],\u201d Fedorak wrote. \u201cCorporate Compliance believes that the LLR requirements will not only support, but enhance, the fundamentals of the Long Term Inactive Well Program\u2026\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The number of inactive wells exploded, almost tripling from 35,000 in 2001 to over 90,000 in 2017 (see chart below). This happened despite drilling numbers collapsing in 2007 because of the global financial crisis and economic slowdown, then not recovering after, in part because of the oil price crash in late 2014.<\/span><\/p>\n<figure id=\"attachment_60169\" aria-describedby=\"caption-attachment-60169\" style=\"width: 493px\" class=\"wp-caption alignright\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-60169\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-04-at-10.30.37-AM.png\" alt=\"\" width=\"493\" height=\"358\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-04-at-10.30.37-AM.png 498w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-04-at-10.30.37-AM-300x217.png 300w\" sizes=\"auto, (max-width: 493px) 100vw, 493px\" \/><figcaption id=\"caption-attachment-60169\" class=\"wp-caption-text\"><em>The &#8220;liability narrative&#8221; brief, AER, 2019.<\/em><\/figcaption><\/figure>\n<p><span style=\"font-weight: 400;\">Yewchuk also points to the number of well licenses that slipped into the danger zone. In 2012 there were 22,877 licenses belonging to companies with an LLR of 2.0 or less. By 2018, that number had soared to 118,572, according to data obtained from the AER.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cThat&#8217;s the marginal wells being sold down the chain [liability dumping] to the financially doomed operators,\u201d says Yewchuk.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">What caused the sudden hockey stick-type growth starting in 2001? This is an important question because what was previously a serious liabilities problem quickly morphed into a crisis. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Regulatory failure appears to have played a big role.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">One example of this failure is that many oil and gas companies now focused on managing the regulation instead of reclaiming wells. The AER noted in its liability narrative that \u201cin the absence of targets or timelines, some licensees focus only on regulatory requirements and closure work that improves their Liability Management Rating\u2026As a result, industry does not allocate appropriate funding or address all closure obligations, including the remediation of contaminated sites, resulting in increasing liabilities.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Oil patch veteran Mark Dorin points out that the Western Canadian Sedimentary Basin, which is mostly located in Alberta, was beginning to mature. \u201cThe good fields, with wells that had high flow rates and slow decline curves, had been largely depleted,\u201d he told Energi Media. \u201cCompanies were also drilling a lot of coal bed methane gas wells, which have short lives, during that period.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Perhaps the most damning criticism of the LLR program is that many oil and gas companies with LLR ratings far higher than 2.0 failed and declared bankruptcy.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cThe LLR was an outrageous mess. Difficult to believe the scope of how bad it was,\u201d Yewchuk concludes.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The AER admits as much on its <\/span><a href=\"https:\/\/web.archive.org\/web\/20210224005028\/https:\/\/www.aer.ca\/providing-information\/by-topic\/liability-management\"><span style=\"font-weight: 400;\">website<\/span><\/a><span style=\"font-weight: 400;\">:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cIt is clear that how we manage liability has not slowed the growth of inactive wells. Historically, liability management has been largely reactive and not focussed on the full life cycle of energy development. In particular, the liability management rating (LMR), which is a rating based on a company&#8217;s liabilities and assets, is not an accurate measure of whether a company will be able to address their end-of-life obligations.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Fortunately for Alberta, the second part of the new system performed better than the first.<\/span><\/p>\n<h3><b>The Orphan Well Association<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">An important part of Alberta\u2019s approach to managing oil and gas liabilities for the past 20 years is the Orphan Well Association (OWA). The OWA\u2019s purpose is to close oil and gas assets (wells, pipelines, infrastructure) where the owners are\u00a0 bankrupt.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The organization is the continuation of the 1993 deal industry agreed to in exchange for the Alberta government and the regulator not extending liability to past owners of oil and gas assets.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The OWA is a nonprofit whose board is composed of industry representatives. The annual levy that funds its closure work is invoiced to every oil and gas company in Alberta. The NDP government loaned $235 million to the OWA in 2017, the UCP government lent another $100 million, and Ottawa lent an additional $200 million, plus another $30 million to cover interest. It should be noted that the OWA did not administer the federal government\u2019s $1 billion pandemic support program for well clean up.\u00a0<\/span><\/p>\n<p><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/YLTMaoqCYQw\" width=\"300\" height=\"166\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><\/iframe><\/p>\n<p><span style=\"font-weight: 400;\">The interview with OWA executive director Lars de Pauw was instructive. As one might expect, he takes a very legalistic view of Alberta oil and gas well types, especially what is and what is not an orphan. He estimates that the number of wells that are fully decommissioned (instead of &#8220;abandoned,&#8221; which used by the AER) and designated as orphans is about 7,000.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">But other categories of unreclaimed wells could very easily become the Alberta taxpayers\u2019 problem.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cIf those companies are insolvent and struck from the corporate registry, then the OWA could do those ones,\u201d he said, speaking of the more than 80,000 inactive wells. de Pauw says that those wells have licensees attached to them and, therefore, are not orphans. The fact that the licensees might be inactive and exist only on paper? Not his problem.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The AER\u2019s own license data suggests that most of the 173,626<\/span><span style=\"font-weight: 400;\"> inactive and abandoned but not reclaimed wells are licensed to insolvent companies or those teetering on the brink.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">At a minimum, in 2023 there are 215 companies holding 8,525 licenses with an LMR of zero, while 297 licensees holding 29,216 licenses (each license representing a well) with an LMR below one.\u00a0 The odds of those companies reclaiming their wells is zero. Companies with an LMR between one and two, 138 of them, hold 75,180 licenses. History suggests that the odds of those companies reclaiming their wells are poor.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The OWA may consider them viable licensees because they have not been struck from the corporate register, but law professor Shaun Fluker says that plenty of oil and gas companies with no assets manage to exist only on paper. \u201cMany, if not most, companies registered in Alberta will have an account with a downtown law firm and someone in that firm files the annual return every year,\u201d he said.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Landowner advocates such as Regan Boychuk and Mark Dorin would argue that those 104,390 wells are de facto orphans. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">They may be in the \u201csuspended\/inactive\u201d or \u201cabandoned site not reclaimed\u201d categories, but for all intents and purposes they will never be properly cleaned up by their owners, who in many cases cannot be identified or found. Boychuk and the Alberta Liability Disclosure Project would probably go even further to argue that 80 per cent of the 155,984 active wells have passed their economic limit and in the near future should be declared orphans.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Whether the OWA should be given responsibility for those hundreds of thousands of wells and the industry levy increased (to billions per year) is a controversial idea that would be opposed by both the government and industry.<\/span><\/p>\n<h3>Trusting Oil Companies to Do the Right Thing Leads to Liability Dumping<\/h3>\n<figure id=\"attachment_60153\" aria-describedby=\"caption-attachment-60153\" style=\"width: 251px\" class=\"wp-caption alignleft\"><img loading=\"lazy\" decoding=\"async\" class=\" wp-image-60153\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Drew-Yewchuk-professional-photo.jpeg\" alt=\"\" width=\"251\" height=\"251\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Drew-Yewchuk-professional-photo.jpeg 200w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Drew-Yewchuk-professional-photo-150x150.jpeg 150w\" sizes=\"auto, (max-width: 251px) 100vw, 251px\" \/><figcaption id=\"caption-attachment-60153\" class=\"wp-caption-text\"><em>Drew Yewchuk, University of Calgary Public Interest Law Clinic.<\/em><\/figcaption><\/figure>\n<p>If Alberta regulators couldn&#8217;t intervene at the beginning or the end of the well lifecycle, the fallback position appears to have been to trust companies to do the right thing and voluntarily clean up their old well sites.<\/p>\n<p><span style=\"font-weight: 400;\">Drew Yewchuk, a University of Calgary public interest lawyer found this 1995 quote from the Energy Utility Board, an AER predecessor, in documents obtained through a freedom of information request:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201c&#8230;rigid and immediate compliance to our requirements was not critically important as we knew the company would ultimately have to abandon and reclaim the site, thereby having to absorb any costs associated with non-compliance.\u00a0 Over the past several years this assumption has been proven very wrong with most major operators divesting themselves of older projects which are on the downward slope of profitability.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">This is known as \u201cliability dumping.\u201d <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Large companies drill the will and produce the hydrocarbon throughout the most profitable part of its lifecycle, then sell the asset to a smaller company with lower overhead and production costs. Many Alberta wells have had multiple owners over their life.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Eventually, wells often end up with a marginal producer that fails and declares bankruptcy during the next dip in prices.\u00a0<\/span><\/p>\n<h3><b>Supreme Court of Canada\u2019s Redwater Decision<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">The bankruptcy of a small operator was at the centre of a controversial legal battle known as \u201cthe Redwater decision.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In late 2014, Saudi Arabia tried to punish upstart American shale producers by opening the spigots, flooding oil markets, and driving down prices. Small Alberta producers already hanging on by their fingernails began to fail. One such company was Redwater Energy, which owned just 100 wells, only 17 of them still producing.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">ATB sued to recover its loans to the company. Redwater\u2019s bankruptcy trustee agreed that the financial institution and other creditors were a higher priority than environmental liabilities. Two lower courts agreed.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cThe Redwater case has turned the very foundation of that system\u2014the provincial legislation that says polluters must pay to clean up their mess\u2014on its head,\u201d <\/span><a href=\"https:\/\/energi.media\/opinion\/abandoned-well-aer-22feb18\/\"><span style=\"font-weight: 400;\">said<\/span><\/a><span style=\"font-weight: 400;\"> AER CEO Jim Ellis.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As a consequence, \u201creceivers and trustees involved in 28 insolvencies renounced their interest in more than 10,000 AER-licensed sites (wells, facilities, and pipelines) with deemed liabilities of almost $335 million,\u201d <\/span><a href=\"https:\/\/www.aer.ca\/protecting-what-matters\/holding-industry-accountable\/redwater\"><span style=\"font-weight: 400;\">according<\/span><\/a><span style=\"font-weight: 400;\"> to the regulator. \u201cIn that same period, the OWA\u2019s inventory of wells increased more than 300 per cent from 768 to 3,100.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The OWA and the AER took the case to the Supreme Court of Canada and won in 2019. No longer could oil and gas companies declare bankruptcy and walk away from their liabilities. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">There were, however, repercussions for the industry. For starters, lenders began using the LMR system \u201cfor purposes never intended,\u201d the AER said in its liability narrative, like withdrawing credit as licensee liability ratios dropped close to 1.0. That led to a credit crunch, and failure, for some producers.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Nevertheless, Redwater positives far outweighed negatives. Most importantly, the \u201cpolluter pays\u201d principle was upheld, ensuring that the regulator had the legal authority to prevent oil and gas companies from walking away from their environmental liabilities.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The problem is that the Alberta industry has a long history of doing just that. The rapid growth of inactive wells from 35,000 in 2001 to 97,000 in 2020 is testament to that fact.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As the case of Sequoia Resources demonstrates, they sometimes resorted to convoluted corporate transactions to do it.<\/span><\/p>\n<h3><b>Sequoia Resources and the <\/b><b>Popowichs<\/b><\/h3>\n<p>I<span style=\"font-weight: 400;\">n 2018, the annual $2,500 surface lease payment failed to arrive in Dwight Popowich\u2019s mailbox. \u201cHow I found out that we ended up with Sequoia Resources was the check didn&#8217;t show up,\u201d he said. \u201cNobody sends us a notice.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">It turns out that Popowich\u2019s well had been sold to one of the Perpetual Group companies (Perpetual Energy, Perpetual Operating Trust, Perpetual Operating Corp.). Buying and selling assets is common practice in the oil patch. There is nothing sinister about the practice.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">And we can\u2019t say with certainty that what happened to Popowich\u2019s well, and thousands like it, is sinister. The Sequoia story is complex, difficult to untangle, and the subject of lawsuits, some of which have not yet been resolved. The reader is advised to keep this in mind.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">But the litigation is also \u201csignificant because the case relates to the ability of oil and gas companies to use complex corporate structures and transactions to avoid financial responsibility for abandonment and reclamation costs,\u201d Yewchuk <\/span><a href=\"https:\/\/ablawg.ca\/2022\/09\/21\/the-sequoia-bankruptcy-part-4-costs-lost-in-time-and-perpetuals-new-subsidiary\/\"><span style=\"font-weight: 400;\">wrote<\/span><\/a><span style=\"font-weight: 400;\"> in a the University of Calgary law faculty&#8217;s blog.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In 2016, Perpetual Trust owned roughly 2,400 gas wells valued at $6 million, while environmental liabilities and unpaid municipal taxes totalled $229 million. Then it purchased a total of 800 wells from three other companies.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As best we can tell, those transactions that generated the lawsuits started with Perpetual Trust transferring all its assets to Perpetual Operating Group. The valuable producing assets were then sold to another Perpetual company that later became Alphabow Energy (suspended from operating by the AER in early June and currently fighting appeals to keep operating). The poor producing wells and their facilities bearing the liabilities were sold for $1 to a numbered Alberta company wholly owned by Kailas Capital Corp., which was owned by Hao Wang and Wentao Yang, two low-profile investors with ties to China, <\/span><a href=\"https:\/\/www.theglobeandmail.com\/report-on-business\/industry-news\/energy-and-resources\/chinese-investment-alberta-oil-deals\/article35061644\/\"><span style=\"font-weight: 400;\">according<\/span><\/a><span style=\"font-weight: 400;\"> to the Globe &amp; Mail. The numbered company\u2019s name was changed to Sequoia Resources Corp. and it failed 18 months later, leaving more than 2,000 wells to the Orphan Well Association.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Was Sequoia a liability dump with more twists and turns than a Disneyland roller coaster or a miscalculation by the owners? The fact that Sequoia Resources seems to have operated as a stripper well business seems to support the latter view.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Bankruptcy trustee PwC noted in a <a href=\"https:\/\/www.pwc.com\/ca\/en\/car\/sequoiaresources\/assets\/sequoiaresources-006_041218.pdf\" target=\"_blank\" rel=\"noopener\">report<\/a> that management\u2019s strategy was to \u201cacquire gas assets, some at close to the end of their life cycle&#8230;reduce overall costs to the Company both in the field and at head office\u2026reduce the operating costs of the assets, in part, by cleaning up older wells, and\u2026abandoning and reclaiming well sites, reducing long term surface, mineral and carrying costs.\u201d Management bet that gas prices, \u201cat historic lows and thought to be at the bottom of a commodity cycle,\u201d would recover. They fell lower and the company failed in 2018.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Two important issues concern the AER\u2019s role in this story.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The first is whether the AER should have stopped the initial transfer of well licenses from Perpetual Operating to Sequoia Resources. The regulator says it didn\u2019t have to review the transfer. \u201cThe AER had no direct authority to regulate corporate transactions (purchase and sale agreements),\u201d the AER told Energi Media by email. \u201cThe situation with Sequoia, as well as other licence transfers, exacerbated a gap.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\"><img loading=\"lazy\" decoding=\"async\" class=\"alignright wp-image-60138\" src=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-5.00.18-AM.png\" alt=\"\" width=\"401\" height=\"309\" srcset=\"https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-5.00.18-AM.png 612w, https:\/\/energi.media\/wp-content\/uploads\/2023\/07\/Screenshot-2023-07-09-at-5.00.18-AM-300x231.png 300w\" sizes=\"auto, (max-width: 401px) 100vw, 401px\" \/>Yewchuk has discovered documents in the AER\u2019s Integrated Application Registry that show the transfers were automatically red flagged (presumably because one or both companies had an LLR below 1.0), reviewed, and approved a day later.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">When asked for comment about the transfer document, the AER replied that as \u201cthis matter is currently before the courts, we cannot comment further on this specifically.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The second issue is how Sequoia\u2019s LLR appears to have been calculated by the AER. As part of the complex transactions, Sequoia had retained a one per cent ownership of the productive wells, but the AER gave the company credit for 100 per cent ownership. This would have inflated Sequoia\u2019s LLR, presumably above the 1.0 required for the transfer to proceed.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Sequoia\u2019s purchase of wells from bankrupt Waldron Energy is also being questioned. In that instance, the Globe and Mail <\/span><a href=\"https:\/\/www.theglobeandmail.com\/business\/commentary\/article-albertas-energy-regulator-owes-investors-answers-on-sequoia-resources\/\"><span style=\"font-weight: 400;\">reported<\/span><\/a><span style=\"font-weight: 400;\"> that Sequoia, Waldron, and the AER, which was asked to \u201capply discretion\u201d that enabled the purchaser to pass a toughened solvency test.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cFor the AER, this situation has exposed a gap in the system and raised questions with respect to how we better manage liability in the future,\u201d AER CEO Jim Ellis said in a 2018 <\/span><a href=\"https:\/\/www.aer.ca\/providing-information\/news-and-resources\/news-and-announcements\/news-releases\/public-statement-2018-08-08\"><span style=\"font-weight: 400;\">statement<\/span><\/a><span style=\"font-weight: 400;\">. \u201cIn some cases, our governing legislation did not provide us the necessary flexibility to do what is needed, while in other cases our own requirements and processes were limiting. We are working to fix both.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">What about the apparent review and quick approval of the transfer of Perpetual Operating\u2019s assets? Was the regulator\u2019s decision to give Sequoia LLR credit for 100 per cent of assets that the company only owned one per cent of a system failure or a reviewer error? Why was discretion applied in the purchase of the Waldron wells?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">These sound like mistakes, not \u201crequirements and processes\u201d that were \u201climiting.\u201d Or, worse yet, perhaps they\u2019re business as usual with the regulator. Either way, Sequoia Resources is a disturbing peek behind the curtain of the internal operations of the AER.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Unfortunately, blaming loopholes on \u201cthe system\u201d and the \u201cgoverning legislation,\u201d then promising to fix it with yet another new and improved liability management system, is standard operating procedure for the regulator.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The upshot of the Sequoia story is that Popowich\u2019s well didn\u2019t make it into the OWA inventory. His well is essentially in limbo, stuck in the inactive category. It doesn\u2019t qualify for provincial programs to reclaim problem wells. And he has no idea if it will ever be transferred to the OWA.<\/span><\/p>\n<h3><b>Working Toward a New Liability Management Framework<\/b><\/h3>\n<p>By 2017, an alarming number of inactive wells, the Redwater decision, more disputed bankruptcies of medium-sized producers, and a general recognition that the current system was broken, finally provoked AER executives to think about overhauling liability management regulations.\u00a0<span style=\"font-weight: 400;\">The AER began consultations with landowners, municipalities, industry, non-governmental organizations, government agencies, and indigenous communities. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cAlberta\u2019s current approach to governing the clean-up of these wells was put in place decades ago, when the oil and gas industry was largely focused on growing production and building new infrastructure,\u201d the regulator <\/span><a href=\"https:\/\/www.alberta.ca\/assets\/documents\/energy-liability-management-framework.pdf\"><span style=\"font-weight: 400;\">explained<\/span><\/a><span style=\"font-weight: 400;\">, as if growing the industry and cleaning up depleted oil and gas assets were somehow incompatible in the past.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In the 2019 liability narrative, the AER identified three key issues a new system needed to address.<\/span><\/p>\n<h3>No Timelines for Clean Up<\/h3>\n<p><span style=\"font-weight: 400;\">The first is the absence of rules to enforce the <\/span><span style=\"font-weight: 400;\">\u201ctimely closure\u201d of depleted wells and infrastructure. As long as a well was properly suspended, it could sit in the inactive well category for decades &#8211; or, forever, really &#8211; under the previous regulation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cPrior to 2020 when the new Liability Management Framework was introduced, there were no government policies in place that required companies to move their inactive well inventory to closure,\u201d the AER told Energi Media in an email, which also pointed out that \u201c the Government of Alberta sets policy direction to regulate energy development, and the AER is responsible for implementing that policy.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As a consequence, \u201cregardless of commodity prices, there has been inadequate allocation of capital resources to curb the growing liability deficits and debt,\u201d the 2019 liability narrative noted, adding that the number of inactive wells had grown from 60,000 to 93,000 in just 10 years.<\/span><\/p>\n<h3><b>Too many old wells<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">The second key issue is \u201cunfunded and legacy liabilities\u201d that have no financial backstop. These include pipelines (440,000 kilometres in the province), certain types of facilities and well types, \u201cclosed\u201d wells that are now leaking, and \u201clegacy sites where no standards were in place at the time of closure.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Just how much liability are we talking about here? The AER doesn\u2019t seem to know. Or, if it does, the regulator isn\u2019t sharing with the public. The Wadsworth presentation, however, pegged pipeline reclamation costs at $30 billion, which suggests that including the other \u201cunfunded and legacy liabilities\u201d would significantly inflate that estimate.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The regulator\u2019s conclusion that the \u201ccurrent liability calculations are not an adequate reflection of liability in the province,\u201d is an epic understatement.<\/span><\/p>\n<h3><b>Not enough security<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">The third key issue is inadequate security collection in the existing framework. \u201cWhile the regulatory framework allows for the collection of security as a backstop for liability, it is not currently an effective measure of control,\u201d the AER wrote.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The only time an Alberta regulator tried to use security effectively was the short-lived Long Term Inactive Well Program that collected $24 million in two years, then was shuttered because of industry pressure. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">The Licensee Liability Ratio replaced it in 2000, but could only collect security after the LLR dropped below one, at which point the company was insolvent and had no funds to post. The LLR was woefully deficient from the start, yet the regulator Band-aided it for 20 years before finally throwing up its hands in despair.\u00a0<\/span><\/p>\n<h3><b>The New Improved Liability Management Framework<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">The new liability management framework introduced in 2020 by the UCP government is not perfect nor is it even close to sufficient to solve the huge conventional oil and gas liabilities crisis.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">That said, it is the best designed system yet. Whether it will work as designed is an entirely different question.<\/span><\/p>\n<p><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/a2py7n7jTTU\" width=\"300\" height=\"166\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><\/iframe><\/p>\n<p><span style=\"font-weight: 400;\">The new framework incorporates five initiatives that try to address issues that are now familiar to readers.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The first is \u201cpractical guidance and proactive support\u201d for distressed operators. While preventing ailing companies from failing may in theory prevent more inactive or orphaned sites, the move also plays into what the AER calls a \u201cregulatory dilemma.\u201d The regulator can use its existing blunt toolkit (collecting security, enforcing closure obligations) and risk tipping the company into insolvency or it can \u201cexercise grace\u201d and hope the operator can extract what value is available from the company, thus preventing the assets from ending up in the OWA.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">History suggests neither option is effective. How the new approach will differ isn\u2019t clear.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The second initiative means ditching the old LLR system and creating \u201ca more comprehensive and accurate corporate health assessment by taking into account a wider variety of assessment parameters.\u201d While LLR measured only two variables, the AER will now employ a more \u201cholistic\u201d view to gain a better understanding of a licensee\u2019s financial health before, say, approving license transfers for wells.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">This approach has to be better, if for no other reason than LLR was such an unmitigated disaster.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The Inventory Reduction Program, introduced in 2022, holds the most promise for finally shrinking the inactive well list because it requires companies to spend a minimum amount on reclamation each year. The program also requires companies in the same region to work together on reclamation (called &#8220;area-based closed&#8221;), which could lower costs by 40 per cent. Landowners with inactive wells can \u201c<\/span><a href=\"https:\/\/www.aer.ca\/regulating-development\/project-closure\/liability-management-programs-and-processes\/inventory-reduction-program\/closure-quotas\"><span style=\"font-weight: 400;\">nominate<\/span><\/a><span style=\"font-weight: 400;\">\u201d wells to the AER for closure, a move that has proven popular in rural Alberta.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Of course, the program comes with a long list of caveats. Requirements can be changed if prices are low or if \u201cunforeseen exceptional circumstances\u201d arise, for example. But, as is always the case with the regulator, rules are applied with discretion, including after lobbying pressure from industry associations. Mandatory spending started in 2022 with $600 million being spent, which was 40 per cent above the minimum, the AER said in an email. Time will tell what future years bring.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The final initiatives are also good ideas.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Creating a panel to review \u201clegacy and postclosure sites, or sites that were abandoned, remediated or reclaimed before current standards were put in place and sites that have received reclamation certificates and the operator\u2019s liability period has lapsed\u201d is smart. The regulator appears to have a very poor handle on how many of these sites there are or where they are located, and if they are contaminated whether they pose a threat to human health and should be properly reclaimed to modern standards.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Finally, the Orphan Well Association will gain new powers to more actively intervene when companies fail. In several cases, companies walked away from thousands of wells and other facilities, leaving no one in charge of operations. The OWA took emergency action to properly close or operate the asset in order to protect the public. These situations were rare, but the regulator appears to be concerned they will become more common in the future.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The new liability framework looks to be a significant upgrade on the old one. But as Auditor General Doug Wylie dryly noted in his scathing 2023 review of Alberta\u2019s oil and gas liability management, the \u201cAER has work remaining to design and implement a system responsive to the full spectrum of risks that historically impaired the performance and intended outcomes of the previous liability management system.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In other words, Alberta has been down this road before, the results were poor, and no one should assume this time will be different.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In fact, one of the wild cards that could have a significant impact on the success of the new framework is Premier Smith&#8217;s pet project, RStar.<\/span><\/p>\n<h3><b>Smith, RStar, and Moral Hazard<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Alberta\u2019s UCP premier plied her trade as a radio talk show host for many years before retiring in 2021 to become a lobbyist for and president of the Alberta Enterprise Group, a business advocacy group. Top of her list of issues promoted to the UCP government she would later lead was the hugely controversial RStar program.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">University of Alberta economist Andrew Leach <\/span><a href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/opinion-leach-danielle-smith-r-star-orphan-wells-oil-gas-1.6633643\"><span style=\"font-weight: 400;\">explains<\/span><\/a><span style=\"font-weight: 400;\"> RStar:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Rewards \u201cfirms with tradable credits to be used against future well royalty obligations, with one credit issued for each dollar spent on regulator-mandated clean-up. Companies then apply R-Star credits to future production to get discounted royalty rates. Royalties increase with oil prices so, at today&#8217;s $110-per-barrel (Cdn) price, $1 million worth of required cleanup would net R-Star credits that reduce royalties by roughly $280,000. The same credits would be worth about $115,000 if oil prices dropped by half.\u201d<\/span><\/p>\n<p>Smith has mused publicly about offering companies double credits to speed up reclamation, according to Dorin.<\/p>\n<p><span style=\"font-weight: 400;\">In a <\/span><a href=\"https:\/\/abpolecon.ca\/2023\/01\/30\/smith-as-ceo-alberta-enterprise-group-to-savage-29-july-2021-rstar\/\"><span style=\"font-weight: 400;\">letter<\/span><\/a><span style=\"font-weight: 400;\"> to then Energy Minister Sonya Savage, Smith suggested that Alberta provide $20 billion of RStar credits, which would reduce government royalty revenue by $6 billion, according to Leach.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cThe proposal does not align with the province\u2019s royalty regime or our approach to liability management and upholding the polluter-pays principle,\u201d Savage <\/span><a href=\"https:\/\/www.theglobeandmail.com\/canada\/alberta\/article-critics-warn-proposed-alberta-well-cleanup-plan-a-royalty-giveaway\/\"><span style=\"font-weight: 400;\">wrote<\/span><\/a><span style=\"font-weight: 400;\"> to a landowners association in a June, 2021 letter, according to the Globe and Mail.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Then the UCP turfed Premier Jason Kenney in late 2022 and Smith became premier. She appointed Peter Guthrie, a vocal champion of RStar, as energy minister. Most importantly, she announced her intention to implement RStar.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Albertans were not pleased. Loud and alarmed opposition forced Smith to shelve the full-scale RStar in favour of a three-year, $100 million pilot project. The Premier left little doubt that if the pilot was successful, whatever that means, RStar is back in business.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Potentially blowing $6 billion that should be spent by industry barely raises eyebrows in the UCP government. Jason Kenney, Smith\u2019s predecessor, lost $1.5 billion subsidizing the doomed Keystone XL pipeline proposal and over $2 billion cancelling an oil-by-rail project because NDP premier Rachel Notley made the deal. No, RStar is bad because of its \u201cmoral hazard.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cWhy would any operator spend any kind of money on cleanup right now to deal with any of the reclamation liabilities if they can just hope that they might be incentivized to eventually clean these up?\u201d University of Calgary law professor Martin Olszynski <\/span><a href=\"https:\/\/energi.media\/markham-on-energy\/ucp-is-the-worst-energy-government-in-albertas-history\/\"><span style=\"font-weight: 400;\">said<\/span><\/a><span style=\"font-weight: 400;\">. \u201cThe moral hazard here is just astounding.\u201d<\/span><\/p>\n<h3><b>Alternatives to RStar<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">If the AER\u2019s new liability management framework is inadequate and RStar opens the door for the oil and gas industry to shift the $300 billion of all oil and gas liabilities to the Alberta taxpayer, is there any plan or strategy that might actually address the problem in a timely manner?<\/span><\/p>\n<h3><b>The Big Cleanup<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">In addition to doing the most thorough estimate to date of conventional oil and gas liabilities to date, the Alberta Liabilities Disclosure Project also provided a model for tackling those liabilities: a non-profit Reclamation Trust that would operate independently of government, the industry, and the AER.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The Trust would essentially \u201ctake over end-of-life companies and use their remaining revenue to fund the cleanup of their wells,\u201d according to The Big Cleanup report, and then \u201c wind down their operations in the public good. Wells would be retained and operated to pay for cleanup, and holding licenses, surface and mineral rights would further enable the Trust to fund ongoing reclamation work.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">That\u2019s not the only change the ALDP included in its recommendations. The organization called for the end of liability dumping by closing the relevant loophole in the Bankruptcy and Insolvency Act; introduce an industry levy to \u201crecoup public investments in cleanup\u201d; make former well owners responsible for liabilities (industry agreed to the OWA 30 years ago to avoid such a fate); and reform the AER.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Implementing the ALDP proposal would see the most direct intervention in the Alberta economy since Premier Peter Lougheed during the 1970s. In fact, there would be more because private companies would essentially be nationalized, something that hasn\u2019t occurred in Canada for a very long time. Would it fly politically? Not even Rachel Notley and the NDP are gutsy enough to champion this strategy.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">But will it work? At first blush, without the benefit of expert analysis, probably. And it would take intervention of this kind to move quickly and decisively enough to solve the existential threat represented by the energy transition and falling global oil demand.\u00a0<\/span><\/p>\n<h3><b>Mark Dorin<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">In the interests of full disclosure, Energi Media has interviewed Dorin many times about oil and gas liabilities, and he provided a great deal of background information and explanation for Part 2 of this series. He has a different view of how to fix the liabilities problem.<\/span><\/p>\n<p><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/sjuNPn-6LvU\" width=\"300\" height=\"166\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><\/iframe><\/p>\n<p><span style=\"font-weight: 400;\">\u201cAlberta has a workable, unique, somewhat complex, legislated system in place to deal with the unavoidable situation of corporate failures (financial or failure to act responsibly,\u201d he writes in a paper for the Polluter Pay Federation. \u201cArguably, the system is not being properly managed.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">To make the system work, Dorin would have industry stick to the bargain it entered into with the creation of the OWA. That means the industry must pay for all unfunded liabilities regardless of the cost. Even if the annual OWA levy is in the many billions of dollars per year.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cAs clarified by the courts, setting the levy is the task of the Regulator to accomplish the goal that the public NEVER pays for the costs that should have been borne by a defunct well or facility licensee,\u201d he wrote. A levy big enough to do the job and some tweaks to the system coupled with a clear and powerful mandate for the regulator is Dorin\u2019s recipe.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Will this approach work? Given that it would use the existing system but with some major and minor changes, (again) probably. But like the ALDP\u2019s reclamation trust idea, putting Dorin\u2019s idea into practice would require a provincial government with almost superhuman fortitude.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Readers can decide for themselves if Alberta is ready for the political blitzkrieg that either proposal would unleash from industry and its supporters. But at least both the ALDP and Dorin present what appear to be workable models. That is far more than 40 years of regulator attempts have accomplished.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If Energi Media\u2019s view of the energy transition and the existential threat it presents to the Alberta oil and gas industry is correct, the province may very quickly be searching for solutions to its imminent liabilities crisis.<\/span><\/p>\n<h3>Could American-style &#8220;Stripper Wells&#8221; Buy Alberta More Time?<\/h3>\n<p><span style=\"font-weight: 400;\">In the United States, &#8220;stripper wells&#8221; like those operated by Patrick Montalban&#8217;s members produce less than 15 barrels per day, often between two and five barrels, and account for eight per cent of total US oil production, around one million barrels per day. They are owned by mom and pop businesses that operate on a shoestring.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Alberta had its own stripper well industry for decades, according to Ted Gladsyz, head of the Independent Oil and Gas Association from 2002 to 2009. It appears that a rapid expansion of stripper well operators combined with widespread liability dumping is primarily responsible for the number of Alberta companies rising from 70 or 80 in 1974 to over 700 in 1995, according to Yewchuk&#8217;s document.<\/span><\/p>\n<p><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/YE7r8bX__88\" width=\"300\" height=\"166\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\" data-mce-fragment=\"1\"><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><\/iframe><\/p>\n<p><span style=\"font-weight: 400;\">In Gladsyz\u2019s narrative, Alberta stripper well operators produce a barrel of oil at the least cost and out-perform the bigger companies with their expensive overhead and downtown Calgary offices. He claims the provincial regulator\u2019s inactive well list is chock-a-block with wells that are still economic if produced by stripper well companies. The AER noted in its 2019 liability narrative that \u201cwells can move from an active to an inactive or inactive to active status on a regular basis\u2026\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">While some wells do move in and out of the AER&#8217;s &#8220;suspended\/inactive&#8221; category, Muehlenbachs\u2019 modelling suggests that once a well lands there, it rarely leaves. If oil prices rise 200 per cent, just 12 per cent of oil wells and seven per cent of gas wells are reactivated. Innovations that improve recovery lead to reactivation of 10 per cent of oil wells and six per cent of gas wells.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cIn all cases, the amount of oil and gas production that would change one way or the other\u2026is marginal and not of meaningful benefit to Albertans,\u201d she concludes, which suggests<\/span><span style=\"font-weight: 400;\"> that most of Alberta\u2019s 82,635 inactive and suspended are already orphans simply waiting for the AER to transfer them to the OWA. Then there are the roughly 95,000 still active marginal producers in danger of landing in &#8220;suspended\/inactive&#8221; that would be future orphans.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Gladsyz argues that the AER deliberately used the new LLR system after 2001 to chase Alberta stripper well operators out of business. Gladsyz says that the regulator&#8217;s crude measure of company finances found most of his organization&#8217;s members had ratings under 1.0, making them appear insolvent. The AER demanded security or it would padlock wells, he claims.<\/span><\/p>\n<p>&#8220;None of the major companies or even the medium-sized companies had to put up anything,&#8221; Gladsyz told Energi Media. &#8220;But the mom and pop operations, they&#8217;re the ones that got put under by the board.&#8221;<\/p>\n<p>Gladsyz opines that thousands of inactive wells could still be profitably produced if the AER would end its war on stripper well businesses. This idea could remove a number of liabilities from the AER&#8217;s inventory, perhaps for a decade or two, thus buying time the industry will be short of in the near future. And perhaps there is a way to marry the low-cost operations of stripper wells with the ALDP&#8217;s proposal to produce inactive assets and use some of the revenue to pay for the large clean up bill.<\/p>\n<p>But who pays to clean up the stripper wells when they&#8217;re finally depleted? asks Dorin.<\/p>\n<p>This example illustrates the difficulty regulators have had over the decades devising solutions\u00a0 once the decision had been made not to collect security at the start of a well&#8217;s life.<\/p>\n<h3><b>Will Industry Ever Pay for its Liabilities?<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Apropos of Premier Smith\u2019s RStar proposal, economist Andrew Leach addressed the larger question of what it meant for the future.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">&#8220;When the premier comes out and says, &#8216;This is reclamation that would not have otherwise happened,&#8217; that&#8217;s a big shot across the bow to the industry,&#8221; Leach <\/span><a href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/andrew-leach-scotiabank-rstar-danielle-smith-orphan-wells-1.6746582\"><span style=\"font-weight: 400;\">told<\/span><\/a><span style=\"font-weight: 400;\"> the CBC. \u201c&#8221;Because she&#8217;s essentially saying, &#8216;You oil and gas producers are not going to meet your legal obligations to Albertans.'&#8221;<\/span><\/p>\n<p><span style=\"font-weight: 400;\">He also noted that the proposal would have implications for future oil sands reclamation, including the 37 giant tailings ponds that contain 1.6 trillion litres of toxic fluid. It\u2019s worth noting for context that the AER\u2019s Wadsworth pegged oil sands liabilities at another $130 billion. That makes a total of $260 billion for the entire sector.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Alberta\u2019s oil and gas industry has spent the better part of a century evading responsibility for its environmental liabilities. A succession of governments of various political stripes has happily colluded with companies that have put profits above their social, if not legal, responsibilities. Are we to believe that the tiger will ever change its stripes?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Even if we assume that industry is sincere, there are five good reasons to believe companies will never fully clean up their liabilities, ultimately sticking Alberta taxpayers with the bill.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The first is history. Alberta oil companies have spent 70 years devising clever ways to foist their environmental liabilities on someone else. That\u2019s not the narrative, which is that Alberta produces the most environmentally responsible oil and gas in the world, but it is the reality. As the AER noted in a 2019 \u201cliability narrative,\u201d reclamation activity remained the same regardless of oil and gas prices. Past actions are usually a pretty good indicator of future behaviour.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The second is where companies are allocating capital. At present, that means increasing returns to shareholders via higher returns and share buybacks, and reducing greenhouse gas emissions in advance of stricter federal regulations, not increasing reclamation budgets. Follow the money, right?\u00a0\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The third is that the industry is only a few years from declining demand for oil. Predicting oil prices has always been a mug\u2019s game, but at the very least Alberta can expect increased volatility. At worst, fierce competition among suppliers for their slice of an ever shrinking piece of the pie results in long-term low prices and revenue, with companies scrambling to stay afloat. Reclaiming depleted wells and old infrastructure is unlikely to be at the top of the priority list.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The fourth is that there are fewer oil companies to pay for a growing inventory of liabilities. The oil bust that started in late 2014 and lasted most of the next four years pretty much wiped out the once mighty junior sector (under 10,000 barrels of oil equivalent or BOE per day) and some intermediates (10,000 to 50,000 barrels per day). More failed during the COVID-19 pandemic. This trend suggests the liabilities inventory will grow, not shrink.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The fifth is the moral hazard attached to Premier\u2019s Smith\u2019s RStar program. She may have defanged it for now by shunting RStar into a three-year pilot project, but the odds are better than even that it will be resurrected at some point. If that happens, then why would any oil company reclaim its liabilities if it believes the Alberta government will pay to do so sometime in the future?<\/span><\/p>\n<h3><b>Whither Alberta\u2019s Conventional Oil and Gas Liabilities?<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">The situation midway in mid-2023 is that Alberta likely has somewhere between $100 billion and $130 billion of unfunded conventional oil and gas liabilities. The industry and the OWA will spend about $1 billion per year for the next five years to begin reclaiming some of the 82,635 inactive wells and a few thousand orphans. At the same time, the AER estimates there are 155,000 active wells, of which 61 per cent (about 95,000) are marginal producers making less than 10 barrels per day of oil equivalent. These wells will soon need to be reclaimed. And the industry drills several thousand new wells every year.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Based on expert interviews undertaken for this report, a best guess is that Alberta will tread water for the next five years, with the value of reclaimed liabilities (including facilities and pipelines) equaling new liabilities generated by small producers failing and future liabilities created by new drills. Even if the industry outperforms expectations, still no more than a small dent will be made in the current unfunded liabilities.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The problem is that big.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Albertans should understand that this is a strategy, a calculated gamble by the industry and the provincial government that energy transition disruption to oil and gas markets will happen closer to 2050 than 2030.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If the gamble pays off, industry has several decades to make serious progress reclaiming liabilities, including cleaning up Dwight Popowich\u2019s old Sequoia well and tens of thousands of wells just like it scattered across Alberta. Will companies take advantage of the opportunity? Not voluntarily, as argued above.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">A provincial government with a strong mandate from Albertans to fix the liabilities, however, could make the necessary changes, which might resemble the approaches suggested by the ALDP and Mark Dorin, or something else. As Dan Wicklum noted, regulatory compliance drives change in the oil and gas sector, at least for the intermediate and major operators.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">This is probably Alberta\u2019s only hope to avoid a Doomsday scenario (both environmental and financial catastrophe, as discussed in Part 1 of this series) caused by industry\u2019s 70 years of evading responsibility for its environmental liabilities.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If the gamble fails, and prices become even more volatile between now and 2030, then worse in the next decade, the conventional side of the industry could be thrown into chaos. Companies failing left and right. Marginal producing wells shut in, meaning the inactive well count (and future unfunded liability costs) soars. At that point, producers will be focused on surviving, not cleaning up non-productive assets.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">This is the recipe for the Doomsday scenario.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Energi Media\u2019s reporting over the past decade suggests that the worst case is much more likely than the best case. If that happens, then Alberta\u2019s gamble fails spectacularly and the consequences for Albertans are grim.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">What can Alberta do today, in the short-term, to avoid the worst case?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cThe first step is breaking the government&#8217;s secrecy around liabilities,\u201d argues Drew Yewchuk. \u201cI&#8217;m hoping the next steps will become clear once that one is finished.\u201d<\/span><\/p>\n<p>Perhaps the second step is for the province&#8217;s political, industry, and regulatory leaders to ditch the &#8220;ethical oil&#8221; narrative, acknowledge the realities of today&#8217;s liability crisis and their roles in creating it, then be frank with Albertans about the enormously risky gamble they are taking with province&#8217;s future.<\/p>\n<p><span style=\"font-weight: 400;\">Both steps need to happen in a hurry. Alberta is running out of time.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\"><p>Unethical Oil Part 1: Alberta&#8217;s Secret Shame Alberta, industry are gambling that energy transition disruption happens closer to 2050 than 2030, with plenty of time to clean up hundreds of thousands of wells. What if <a class=\"mh-excerpt-more\" href=\"https:\/\/energi.media\/unethical-oil\/unethical-oil-part-2-albertas-orphan-well-crisis\/\" title=\"Unethical Oil Part 2: Alberta&#8217;s orphan well crisis\">[Read more]<\/a><\/p>\n<\/div>","protected":false},"author":3,"featured_media":60192,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"give_campaign_id":0,"footnotes":""},"categories":[2493],"tags":[],"class_list":{"0":"post-60135","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-unethical-oil"},"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.5 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Unethical Oil Part 2: Alberta&#039;s orphan well crisis - Thoughtful Journalism About Energy&#039;s Future<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/energi.media\/unethical-oil\/unethical-oil-part-2-albertas-orphan-well-crisis\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Unethical Oil Part 2: Alberta&#039;s orphan well crisis - Thoughtful Journalism About Energy&#039;s Future\" \/>\n<meta property=\"og:description\" content=\"Unethical Oil Part 1: Alberta&#8217;s Secret Shame Alberta, industry are gambling that energy transition disruption happens closer to 2050 than 2030, with plenty of time to clean up hundreds of thousands of wells. 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