Alberta looks at different ways of making sure companies clean up old wells
The AER warns that it could go after directors and executives to ensure proper reclamation by Tracy Johnson, June 20, 2017, CBC News
As Alberta struggles with its abandoned well problem, the province’s energy regulator is looking at different ways to ensure the inventory of old wells doesn’t get much larger.
Earlier this spring, the Alberta Energy Regulator released a bulletin reminding the directors and most senior executives of energy companies they can be personally responsible for well clean-up if their company goes bankrupt.
The timing of that release probably wasn’t a coincidence. There are nearly 150,000 scattered across the province, some that have been dormant for 60 years or more. While the problem has been going on for as long as there has been energy development in Alberta, a recent court decision changed the game.
In the case of Redwater Energy, the Alberta Court of Queen’s Bench ruled that when an energy company goes bankrupt, lenders need to be paid back before wells are cleaned up. With more companies facing insolvency, there’s concern on the part of landowners and regulators that the abandoned well problem in Alberta is about to get worse.
The AER bulletin in April was was not a new rule, but rather a well-timed prompt, said David Bish, a partner with law firm Torys.
- Bankrupt energy firms add to Alberta’s abandoned well problems
- Creditors get priority over environment in Redwater Energy insolvency: judge
“There’s that reminder to everyone that it can still look to directors and officers,” said Bish. “And it has a variety of tools that it can deploy to do that.”
Directors and officers includes the board of directors of a company, as well as the top executives, such as the chief executive officer and chief financial officer.
The AER has long had the ability to formally name, or blacklist an officer or director of an energy company, under the Oil and Gas Conservation Act, but it has only done so in cases of malfeasance, said Ryan Zahara, a partner with Blakes, Cassels and Graydon in Calgary.
“Certain of the parties they’ve taken that step against have been viewed as egregious offenders,” said Zahara.
Environmental protection orders are an option
The AER also has the ability to use an environmental protection order to impose personal liability. [AER didn’t even have the integrity or courage to use such an order against Gwyn Morgan and Gerard Protti when Encana illegally fractured Rosebud’s drinking water aquifers]
EPOs have been used in Ontario. In the case of Northstar Aerospace, a court found that directors and officers were personally responsible for the clean-up of a contaminated site because the contamination happened under their watch. Those directors were told to pay $15 million.
The question being asked in the energy industry is whether that will happen here, given that the recent run of insolvent companies is connected to the two-year long drop in energy prices.
“How do you punish someone for basically a market downturn? A specific individual, when they may have been compliant with the rules,” said Zahara. [The little that the downturn has to do with it, is industry’s own rabid greed created the downturn, just like last time. Corporations are to plan for cleaning up before and after they take their profits, but the corrupt pollution enabling AER and Canada’s fascist politicians have set up a lovely system where corporations take the public resources & money, bankrupt instead of cleaning up and run, with courts enabling it. Industry executives are taking the money and running too – not because of the downturn (see link below) – but because they see how disgusted humanity is of the toxic industry and that people want cleaner and better, more economical alternatives]
[Refer also to:
2017 02 17: BNN Interviews Alberta Oil Patch Consultant Brent Nimeck on Lexin and AER’s Orphan Wells: “This problem is 30 years in the making. … I would call it a Ponzi Scheme…. This is an orchestrated fraud from multiple angles: Industry, CAPP and the Alberta Energy Regulator have enabled this to happen. … Through our independent analysis and we’ve confirmed this at multiple sources within the energy regulator, the liabilities are over $300 billion. That’s what’s on the hook for Alberta taxpayers right now – $300 billion.” ]