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UK risks upstream sector for ridiculous windfall tax


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In the U.S., when it comes to energy policy, we’ve become acclimated to bad government on a national level over the last three years. We don’t like it, but we’re acclimated to it. Nonetheless, it’s still quite jarring to see the same bad brand of government being practiced in another country, particularly a close ally of the U.S.

Such is the case in the UK, where common sense seems to have gone out the window, as regards energy policy in the Sunak administration. How else to explain Chancellor of the Exchequer Jeremy Hunt’s (Fig. 1) announcement on March 6 that he would extend by one year the windfall levy on North Sea oil and gas firms’ profits.

Defining the UK’s EPL. For those of you not fully acquainted with this British situation, the windfall tax, officially known as the Energy Profit Levy (EPL), was introduced on May 26, 2022, after a big jump in oil and gas prices following Russia’s February 2022 invasion of Ukraine. Let us not forget that current Prime Minister Rishi Sunak (Fig. 2) imposed the EPL at that time while serving as Chancellor of the Exchequer under then-Prime Minister Boris Johnson. The Conservative administration’s reasoning at the time was that operators were benefitting from something that they were not responsible for; in other words, a “windfall.” Indeed, operator profits had jumped higher because of rising demand when Covid restrictions were lifted and then rose further when Russia’s invasion of Ukraine pushed prices even higher.

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Accordingly, the EPL was legislated in July 2022 and was set at 25%. Officials at the time called it a “temporary” measure. Mind you, this extra 25% came on top of the traditional taxes already paid by operators, including a 25% or 30% corporation tax (depending on profit level) and a 10% supplementary rate. Thus, operators already were paying 35% to 40% in taxes on profits before the EPL. Its introduction raised those rates to 60% to 65%. But like all big governments, this soon proved to not be enough to suit the thirst of UK officials. In January 2023, Hunt announced that the EPL was being raised to 35% and that the expiration of this “temporary” levy would be extended from Dec. 31, 2025, to March 31, 2028. So, the total tax imposed on North Sea producers would be 70% to 75% of profits. The government also confirmed that it would no longer consider phasing out the “temporary” levy before the end date.

It is true that producers have been able to reduce the amount of tax they pay by factoring in losses or spending on things like decommissioning North Sea platforms or investing in development projects. For every £100 ($126.5) these firms invest, they can claim back £91.40 ($115.62) in tax relief. And for every £100 ($126.5) they spend to lower the carbon level in their production of oil and gas, they can claim up to £109.25 ($138.22) in tax benefits. However, the ability of companies to take advantage of these tax breaks varies considerably.

Nevertheless, the Sunak administration, seeming to look for an easy way to reduce the deficit in its overall 2024 budget, announced through Hunt on March 6, 2024, that it would extend the “temporary” EPL a full year to March 31, 2029. The rationale, he said, was that the continuing war in Ukraine would extend windfall profits for North Sea companies. Methinks the good Mr. Hunt is being rather disingenuous. Considering that oil and gas prices are still relatively lower than they were in 2022, this can only come across as a good old-fashioned case of money-grubbing.

Effects on the UK industry. Meanwhile, given the EPL extension, no one in the Sunak regime seems to give a damn about the health of the British oil and gas industry. One might expect this type of behavior from a Labour administration (or a Democrat administration in the U.S.), but to have a Conservative regime act this way is quite extraordinary.

Offshore Energies UK Chief Executive David Whitehouse reacted swiftly and vociferously to the EPL extension. The announcement by Hunt “is a disappointing blow to the industry, which risks jobs, investment and economic growth,” said Whitehouse. "The industry is being taxed on windfall profits which no longer exist and, facing a fourth round of fiscal change and turmoil in less than two years, making it impossible to plan investment for the energy transition and the path to net zero."

As I alluded to a few paragraphs ago, OEUK again pointed out that “the price of natural gas in the UK is almost 10 times lower than the peaks seen when the tax was introduced, and the price of oil has returned to the level before the Ukraine invasion.” Furthermore, the Chancellor’s plan to continue the tax undermines OEUK’s manifesto proposals (published recently) for a homegrown energy transition that would boost domestic energy investment and drive the shift to greater production of wind and hydrogen energy, alongside the introduction of large-scale UK CCS facilities.

With that in mind, Whitehouse expressed his displeasure further. “We are extremely disappointed that the government continues to ignore clear evidence that we need investment in offshore energy production to grow the economy and achieve net zero,” he stated. “We have identified £200 billion ($252.9 billion) of investment in oil and gas and the UK’s wider energy transition awaiting the green light, which will not happen with such globally uncompetitive taxation in place. Thousands of jobs and billions of pounds in national revenue are at risk because of the destabilising impact of these tax decisions. A homegrown energy transition will simply not move forward unless business confidence for long-term investment in the UK is restored.”

Concerns over industry stability and the ability to plan projects were also expressed by KPMG’s partner and head of Energy Tax in the UK, Claire Angell. “The extension to the Energy Profits Levy is the latest in a series of changes to the oil and gas windfall tax since it was introduced in May 2022,” analyzed Angell. “For an industry which rightfully seeks fiscal stability, given the long-term nature of their investments, this makes the UK a more challenging place in which to invest.”

She also pointed out the budgetary motivation that I mentioned earlier. “Whilst the political pressure to balance the books in this Budget was clear, this may have unintended consequences and a potential cost to the taxpayer in the medium-to-long term,” declared Angell. “Postponing or shelving new development projects and the early cessation of production will reduce future tax revenues. In addition, where decommissioning starts earlier than planned, the government’s liability of up to 75% of those costs will be accelerated. This also has a potential impact on jobs, for a workforce whose skills will be key to the energy transition.”

We, the industry, can only hope that Sunak and his crew at some point will regain their energy economics sanity and take a more traditional Conservative approach to the situation. But don’t count on it by any means. The next UK general election must be held by Jan. 28, 2025, and the desire to pander to a variety of voting blocks will be irresistible. Yes, to ensure their political survival, the Sunak Conservatives will be looking to show that they are just as capable of sticking it to those nasty oil and gas companies as are the Labour MPs.

Lesson learned in Denmark? While we’re examining less-than-astute comments and actions by national governments, I cannot let the situation regarding E&P offshore Denmark go unnoticed. It’s no secret that Danish officials have been pushing a renewables agenda for a number of years. And, until recently, there seemed to be no room in that agenda for hydrocarbons.

Indeed, back in 2021, when World Oil contacted the Danish government for some statistical data for our February drilling forecast, we were told that maybe we shouldn’t send our request to them any longer in future forecasting rounds. After all, they said, drilling offshore Denmark was coming to an end, and they expected that there would no longer be any drilling activity, period.

Well, fast-forward a year later, and Russia invades Ukraine in February 2022. The energy supply and security picture for many European countries was suddenly upside down, and Russian gas was no longer a sure thing or politically appropriate. Alternate gas supplies had to be arranged, including volumes from the U.S., which stepped up to the situation with great efficiency. Also, in a less-publicized manner, a number of European countries suddenly embraced further development of whatever gas and oil resources they might have themselves. Such is the case in Denmark, where, after no drilling in 2021 and 2022, at least one well was drilled last year, and several more may be drilled this year.

In addition, TotalEnergies on March 22 announced that it had restarted gas production at the Tyra offshore hub (Fig. 3) after a major redevelopment. At plateau, said the company, the Tyra hub will produce 5.7 MMcmd of gas (201.3 MMcfd) and 22,000 bcpd, once again making Denmark self-sufficient and a net exporter of natural gas. TotalEnergies operates Tyra field on behalf of Danish Underground Consortium, a partnership between TotalEnergies (43.2%), BlueNord (36.8%) and Nordsøfonden (20%).

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Discovered in 1968 by Maersk Oil, Tyra is 225 km (140 mi) west of the coast of Esbjerg. In September 2019, gas production was suspended to enable the redevelopment of Tyra. Following the decommissioning of the previous Tyra facilities, 8 new platform topsides, 2 jackets and 6 bridges were installed. As part of this redevelopment project, 98.5% of the materials recovered from the retired installations have been reused or recycled.

WEA lauds stay of SEC Climate Rule by 5th Circuit. On March 18, Denver-based Western Energy Alliance (WEA) applauded member company Liberty Energy and co-plaintiff Nomad Proppant Services LLC for winning a preliminary injunction from the 5th U.S. Circuit Court of Appeals halting the Securities and Exchange Commission’s (SEC) climate change disclosure rule.

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“Chris Wright, CEO of Liberty Energy, has once again shown that he is a true leader in the oil and natural gas industry,” said WEA President Kathleen Sgamma (Fig. 4). “While many companies lay low and even are co-opted to advance policies that aren’t in their interests, Chris was willing to immediately stand up and say this rule is wrong and was rewarded for his action. Liberty’s ‘Bettering Human Lives’ initiative shows how the company is among the most credible in arguing against the SEC’s overreaching rule.”

The significance of this court action cannot be overestimated, and it is a major win for the oil and gas industry. It reins in the Biden administration’s adventurous rulemaking, at least temporarily. “The SEC climate change disclosure rule goes beyond the authority granted by Congress, and the court’s quick action signals a dim fate for the expansive rule,” added Sgamma. “It runs afoul of the major questions doctrine affirmed by the Supreme Court when preventing the Environmental Protection Agency (EPA) from closing power plants in the name of climate change. The commission seeks to reorient the entire financial system and drive climate change policy rather than promote fair financial returns for workers, retirees, and investors.”

Sgamma noted that despite the SEC’s stated intentions, the rule would flood investors with inconsistent, confusing information about ill-defined climate change risk and greenhouse gas data that conflicts with more technically sound inventories from EPA. “Even with the withdrawal of Scope 3 emissions, the rule lacks statutory authority and elevates speculative climate change risk above material financial information of true value to investors,” she concluded.

The oil field legacy of the late Toby Keith. When country singer Toby Keith passed away on Feb. 6, 2024, from stomach cancer, most people were probably familiar with his music career. As of April 2023, which is the last good accounting of Keith’s accomplishments, he had sold 40 million records/CDs globally, including 30 million in the U.S. In all, Keith released 21 studio albums, 54 music videos, 69 singles, and seven compilation albums.

But what you may not have known is that Keith spent time working in the oil fields of Oklahoma before he achieved success in country music. Born in Clinton, Okla., Keith graduated from Moore High School in Moore, Okla., in 1979. Following graduation, he went to work in the oil fields of Oklahoma as a derrick hand at age 18. He worked in the fields long enough to become an operations manager, only to see the industry experience the first of several activity collapses in 1982, putting him out of work and with no money saved. He went on to play semi-pro football for a while before focusing solely on his musical career.

“The money to be made was unbelievable,” Keith told the Associated Press in 1996, which was republished by the Daily Mail. “I came out of high school, and they gave me this job, December of 1979, $50,000 a year. I was 18 years old.” The industry downturn taught him the value of money. “It about broke us,” he said. “So, I just learned. I’ve taken care of my money this time.”

Toby Keith was 62 years old at the time of his death.

Veteran World Oil Contributing Editor passes away. We are saddened to report that our Contributing Editor for Drilling, Jim Redden, passed away on March 9, 2024, after a valiant battle with a two-month illness. For more on Jim’s substantial life and career, please turn to the Drilling Advances column in this issue. WO

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IN THIS ISSUE

Special focus: Sustainability. We are blessed with an abundance of material this month, including a look at coiled tubing drilling’s role in the Energy Transition from AnTech, as well as a Baker Hughes author discussing the de-risking of carbon sequestration projects with comprehensive reservoir monitoring. In addition, an ABS executive outlines how FPSO electrification can advance offshore decarbonization, and an author from Envorem describes an innovative solution that addresses challenges faced by landfarming of oil sludge. Finally, an author from Water Evaporation Systems, LLC, explains how operators can implement effective treatment and reuse techniques to minimize the environmental impact of produced water.

Digital transformation: Interview with Baker Hughes’ chief digital officer and a look at data-driven strategies for late-life optimization. In this month’s primary sub-theme, Baker Hughes Chief Digital Officer Jim Brady discusses how the digital transformation continues to impact various drilling and production functions in many positive ways, and thus its usage and spending for it will expand further. And in a second article, an Imrandd author explains the strategy of harnessing data-driven strategies for late-life optimization of offshore assets.

Shale technology: Bayesian variable pressure decline-curve analysis for shale gas wells. Authors from multiple entities within The University of Texas at Austin and Penn State University discuss how a new workflow generates probabilistic history-matches and production forecasts for any decline-curve model while incorporating variable BHP conditions. It provides fast history matches and forecasts of shale gas wells more accurately than traditional DCA while quantifying model uncertainty.

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