Rather than clarifying, instead of sticking to messaging that @PeterGuthrie99 is performing consultations with everyone except the public who will pick up the tab, the Premier adds to #RStar confusion on her Saturday morning show at 15:30.
Comments. 1/n globalnews.ca/edmonton/progr…
To begin, perhaps the Premier didn't speak to her minister or is overriding his supposed shelving of the Pilot project as reported by @EmmaLGraney? Whatever reason, the Premier gave a full steam ahead impression the next morning on the radio. 2/n
My late father was proud of a 1980 award by the courts for $7,500 for mental anguish related to drilling of an urban well. To hear the Premier publicly say that landowners suffer (compensable) stress would have pleased him. It will sure piss off industry & Tribunal members!
3/n
It is clear that the Premier is vowing, via an incentive approach, to clean up the worst old contaminated flare pits - and she has now added (drilling) sumps to the list. She vows to do so at citizens expense. It's just a "small" pilot program she maintained on the radio.
4/n
Small means $100 million. She then refers to urban sites in Calmar, Medicine Hat, and one in Calgary that could cost up to $300 million - to illustrate the huge size of the problem. The problem is indeed huge - up to $70 billion. But it's just not our problem to pay for.
5/n
The Premier says she has an obligation to figure out how to deal with the problem - that may be true. But in fact at law if any such obligation exists, it is to solve the problem at the expense of each well licensee, then industry as a whole if the licensee fails.
6/n
She continues to justify cleanup at public expense by referring to law changes and regulators allowing license transfers - the current owner did not make the mess so the public should pay under her flawed reasoning. The current owner accepted the liability.
7/n
I know the details of the contaminated Calmar site - on CTV W5 Dirty Legacy (so was I). A reclamation certificate was issued and cancelled because the site was not cleaned up. Premier's #RStar video buddy Shane Sutherland was with MAGA Energy Ltd., now responsible.
8/n
The Pilot is a prelude to what industry wants - to escape paying for the massive cost of cleanup that has been delayed - as per industry requests. The Premier can put lipstick on the pig but it's still a shit-covered pig.
Tell your MLA that polluter pay is the only way. 9/n
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My comments on how the relentless @OilGasCanada lobby crossed a line - mounted inappropriate attack on the participatory and safety rights of landowners. 1/n thenarwhal.ca/capp-oil-lobby…
Decades ago mineral owners & those who acquired rights to develop subsurface petroleum & natural gas resources had the common law right to use land surfaces they did not own. This changed somewhat no later than 1947 in Alberta. The law today includes the Surface Rights Act.
2/n
The law includes the Alberta Bill of Rights, and the right to security and safety of the person is protected by the federal Charter of Rights and Freedoms. Starting point is property rights can be taken only by due process of law, but safety rights are unchallengeable.
3/n
SIGH: Danielle Smith's plan the @globeandmail argues should be abandoned is NOT an orphan well plan.
The plan is to clean up contaminated sites with responsible owners (opposite of orphans).
Other errors in this piece.
A critique 🧵 1/n
For starters, the Liability Management Incentive Plan is not a plan designed to clean up "abandoned" (meaning the owner has walked away) wells or "abandoned" wells (meaning the well bore is sealed according to AER Directive 020 rule, the official definition).
2/n
Rather then plan is to incent clean up of INACTIVE (for at least 20 years) wells and sites that still have a viable licensee that is identifiable, exists as a corporate entity, and is legally responsible (the opposite of an orphan well or an "abandoned" someone has deserted).
3/n
[1] #RStarScam (Liability Management Incentive Program) IS NOT ABOUT ORPHAN WELLS.
Let's clear up misconceptions about Alberta's complex laws on who pays for oil & gas well end of life - "closure" – costs for wells. Misconceptions include terminology misunderstandings.+
[2] “Closure” means collectively (1) wellbore plugging ; (2) soil remediation; and (3) site restoration or reclamation.
An "orphan" is a well that has no responsible owner/licensee to perform closure work or pay for it.
"Abandoned" wells are sealed (not left behind by owner).+
[3] Explained below as per Alberta law is: who covers closure & related costs (industry) for:
1. wells with a viable responsible owner/well licensee (RStar applies; versus,
2. wells that do not have a viable owner to look after them or pay for closure ("orphans”). +
No wonder folks are confused. It jumps from RStar to orphans, to compensation ordered by the Tribunal for orphans reduced, back to RStar, back to reduced orphan compensation with incorrect facts. Yikes!
A tear down. 1/n
First I agree with @KathleenGanley, the NDP energy critic. Hands off royalties to those in the Premier's office and Alberta Energy. Bureaucrats know better. This is cronyism at its worst. Now on to issues related to references to landowner representative Darryl Bennett.
2/n
Bennett is director of Action Surface Rights but not necessarily the Surface Rights Federation, which federation may be defunct and by no means speaks for landowners or their associations at large.
Regardless, Bennett would never say what is quoted below:
3/n
To continue #RStar’s belated, well-deserved thrashing, and given LMIP pilot program focus on 4,300 old flare pits as per @ABDanielleSmith, I’ll focus on gas flaring/venting this week.
A🔥hot topic🔥near and dear to my heart (as Premier said about RStar)! +
From the pit built partially off site (trespass) and illegally operated on family urban lands, to illegal gas venting by the welder Tim Reeves that Kluless #KrisKinnear thought was cool new technology, to well site areas too small by law for flaring, I’ll cover the 🔥 issues. +
Maybe save a life, Definitely I’ll alert landowners by the thousands that they are owed some big money related to these unsafe and illegal operations.
People/candidates need Real Talk that industry & Regulator don’t provide.
[1] MY PROVINCE MY PREMIER ON RADIO:
Premier Danielle Smith's explanation today of logic behind Liability Management Incentive Program Pilot was incredibly misleading and legally incorrect in certain regards. Most of what she said I covered in a thread on her last presser. +
[2] Host moderator asks long preamble question she doesn't really answer, full of statements related to orphan wells, not remotely related the pilot project to clean up non-orphan wells. Adds to confusion. Blind leading the blind. (will do separate thread on orphans). +
[3] He asks if it's fair to ask oil companies to close the wells of other companies (the Alberta Orphan Fund system).
The answer is "yes", ABSOLUTELY because industry got what it asked for (the Orphan Fund-based liability management systems). +