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Integrity & Regulatory Compliance Management:
Challenges of the 21st Century Energy Industry
PMI Houston Process Industry Focus Group: Energy Corridor
Scott M. Shemwell, D.B.A.April 25, 2011
Copyright © 2011 Knowledge Ops, Inc. All Rights Reserved.
OvertureIn the Good Ole Days Today
Houston, We Have A Problem Societal
Legitimate Concerns Not Just Poor Perception or
Misunderstanding Not Just the USA
Political Both Sides of the Aisle State & Local
Engineering Process Systemic & Complex Extending Across Supply Chain
Risk ManagementNow Bet-Your-Company!
Apollo 13 DamagedService Module
Systemic Risk Management Systemic vs. Occupational Only
Systemic Man, Machine, Process, Environment
Interface Holistic - More than Fault Tree
Analysis Linkages are Weak Points
Include Supply Chain Linkages The Best Perspective
Occupational Simplistic Slogans and OSHA “like” reporting Good not Great (or acceptable
today) Systemic is ONLY Viable Approach
Real Time Systems Appropriate Human Training
Compliance Influencers Health, Safety,
Environmental (HSE)
Heightened Visibility
License to Operate
Changing Landscape
Regulations Other
influences The New Reality
HSECompliance
Interested Constituents Regulatory Authorities
Copyright © 2011 Knowledge Ops, Inc. All Rights Reserved.
Disclaimer: EXAMPLE ONLY
The constituents depicted on this graphic are not all inclusive , but are typical and only shown to address the complexity of this issue.
The company and/or its authors shall not be responsible or liable for the accuracy, usefulness or availability of any information herein, and shall not be responsible or liable for any decisions made based on such information.
President
Congress
US Federal Elected Officials
U.S. Department of the Interior; BOEMRE
U.S. Chemical Safety and Hazard Investigation Board
Federal Deepwater Drilling
Key State Agencies
Texas Railroad Commission
Louisiana Office of Conservation and the Office
of Mineral Resources
U S Coast Guard
U S Dept of Labor (OSHA)
U S EPA
Key Federal Agencies
Best Practices
Project Management
institute
DNV
WCID
Safety Case
Industry Groups
API
IADC
SPE
ISA
Local
Governments
Groups
Other Industry Segments
Population
Other
Media
Academic
Commissioned Panels
U S Deepwater Regulatory Compliance Landscape
Natural Resource Damage
Assessment (NRDA)
Federal
State
Local
Judiciary
Capital Markets
Insurance
Rating Agencies
Financial
Think Tank
US NTSB
Oil & Gas Deep Water Drilling Regulations Compliance
• Extensive new regulations, tracking, and reporting Extensive new regulations, tracking, and reporting requirementsrequirements
• Offshore drilling has changed foreverOffshore drilling has changed forever• How will energy companies respond to this wave of How will energy companies respond to this wave of
increased regulation, control, and oversight?increased regulation, control, and oversight?• How will energy companies quickly understand these How will energy companies quickly understand these
new regulations, model the risk, and communicate to the new regulations, model the risk, and communicate to the organization?organization?
• Liability of Macondo Accident over $35B
• Extensive new regulations, tracking, and reporting Extensive new regulations, tracking, and reporting requirementsrequirements
• Offshore drilling has changed foreverOffshore drilling has changed forever• How will energy companies respond to this wave of How will energy companies respond to this wave of
increased regulation, control, and oversight?increased regulation, control, and oversight?• How will energy companies quickly understand these How will energy companies quickly understand these
new regulations, model the risk, and communicate to the new regulations, model the risk, and communicate to the organization?organization?
• Liability of Macondo Accident over $35B
October, 14, 2010, BOEMRE’s “Increased Safety Measures for Energy Development on the Outer Continental Shelf” (75 FR 63346) released.
ComplianceAnalogous to Sarbanes-Oxley
License to operate requires…
Drilling Risk Assessment
Business & SOP’s
Gov’t Mandates, Regulations and Legislation
Contractual Obligations
Industry Practices
Tribal Knowledge
Embedded in Legacy Systems and Documents
Company Culture
Operating Procedures Task Force:Well Construction Interface Document (WCID)
Well construction interface / Basis of design
Location & environment Geologic and geophysical Well design Well barriers (with much detail) Casing design Well execution plan (with detail) Critical well Risk Assessments Operator’s MOC
Drilling contractor safety case and lease operator SMS interface
Management structure / RR’s / Acct Drilling Contractor MOC Personnel management Well control procedures Risk management processes Emergency response Monitoring, auditing and review
Risk Analysis & MitigationManagement of ChangePersonnel Competency
Well ConstructionInterfacing Document
DrillingContractor’s
SafetyManagement
System
DrillingContractor’s
SafetyCase
LeaseOperator’s
SafetyManagement
System
WellBasis
OfDesign
WellExecution
Plan
Critical WellActivity RiskAssessments
Risk Analysis & MitigationManagement of ChangePersonnel Competency
Well ConstructionInterfacing Document
DrillingContractor’s
SafetyManagement
System
DrillingContractor’s
SafetyCase
LeaseOperator’s
SafetyManagement
System
WellBasis
OfDesign
WellExecution
Plan
Critical WellActivity RiskAssessments
Industry Industry Best Best
PracticesPractices
Corporate Governance; circa 2002Public companies fought Sarbanes Oxley
Now the Law of the LandAdditional Benefit of SOX
In 2002, McKinsey / Global Corporate Governance ForumOver 75% of 200+ fund managers would be willing to pay more for stock in
companies with strong governance.North America and Europe market value averaged 12-14% higher for firms with
strong shareholder rights By 2005 this gap had closed
Now the Same for
Drilling Compliance!
Return onCapital
Employed
OperationalExcellence
Growth fromExisting
Asset Base
Lack ofPricing Power
Return onCapital
Employed
OperationalExcellence
Growth fromExisting
Asset Base
Lack ofPricing Power
Transparency&
Internal Control
Liquidity&
Sustainability
Business Continuity&
SecurityCost
Management
ShareholderValue
Compliance
M&A
Transparency&
Internal Control
Liquidity&
Sustainability
Business Continuity&
SecurityCost
Management
ShareholderValue
Compliance
M&A
Energy Industry Compliance Matrix
Hydrocarbon Value Chain
Firm / FunctionDrilling Production Gathering Transportation Storage Refining Manufacturing
Operators 2011 2012 2011 2011 2013? 2011 2011Drilling ContractorsEngineering CompaniesService CompaniesManufacturersSuppliers
LegendCompliance Criticality
Most Critical Year
Least Critical Source: Knowledge Ops, Inc.
Probable License-to-Operate Regulatory Compliance Matrix
MidstreamE&P Downstream
Offshore (maritime operations) Onshore
Originally published by Shemwell, Scott M. (2011, January) The Blast Heard Around the World. Petroleum Africa Magazine. pp. 32-35.
Final Thoughts Complex Energy
Infrastructure Critical for the Global Economy
Societal Intolerance License-to-Operate At
Risk Cost of Failures are
High & Real
Apollo 13Splashdown
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