2016 Review: Developments In The Regulation of The UK Continental Shelf

Dec 16, 2016

Reading Time : 3 min

It marks the final step in the creation of an independent regulator. This change coincided with a number of OGA policy and strategy papers intended to promote efficient operating standards in the U.K. continental shelf (UKCS). The central theme of these papers, as well as the creation and existence of the OGA, is to keep the UKCS competitive and sustainable as a mature basin operating in a low-oil-price environment.

Shortly following the OGA’s incorporation, a number of additional strategy papers were published that are designed to encourage better behaviours among U.K. industry participants. This blog briefly describes the creation of the OGA and policies introduced since incorporation.

Oil & Gas Authority

The OGA was created on 1 April 2015, following a report by Sir John Wood (the “Wood Review”) recommending changes to “maximise economic recoveries” in the offshore oil and gas industry. This overarching aim, commonly referred to as MER UK, is a policy objective that is central to the OGA. It has been included in the amended Petroleum Act as a “principal purpose.” Legislation requires the OGA to produce strategy papers enabling this objective to be met. A host of industry participants, from the OGA, to the Secretary of State and commercial operators, are now required by law to act in accordance with the principal purpose as detailed in the OGA’s strategies.

The OGA was set up to fulfil the Wood Review’s recommendation to establish an arm’s-length body responsible for the stewardship and regulation of the UKCS, and the promotion of business and regulatory conditions designed to facilitate MER UK. To achieve this, the OGA assumed some of the existing functions of the Department of Energy and Climate Change and its successors (DECC), and was also endowed with additional powers. 

Until recently, the OGA functioned as an executive agency within DECC, largely exercising the licensing and regulatory functions previously undertaken by the government department. This year, however, we have seen the OGA’s first steps, above and beyond these transferred powers, to take on a role as a regulator actively promoting efficiencies and maximum recoveries.  

Since incorporation, the OGA has published papers on a range of topics, including strategies and programmes on exploration, asset stewardship, supply chain and enhanced oil recovery. Each of these papers is prefaced by a reminder that MER UK underpins the remit of the OGA and that, since March 2016, compliance with MER UK has become a legal obligation of U.K. petroleum licensees.

Strategies

In accordance with its statutory obligation, in October 2016, the OGA has produced a number of additional strategy documents, including:

  • Exploration strategy: The strategy paper notes that exploration activity in the UKCS is at an all-time low. To encourage exploration, the OGA will deliver a government-funded seismic acquisition and reprocessing programme and publish subsurface data packages. Together with industry, the OGA is evaluating different business models for seismic acquisition programmes. In the medium term, the OGA will produce high-quality geological maps and draft new model licence terms for frontier blocks and mature areas.
  • Asset stewardship: The strategy paper sets out a list of behaviours that aim to ensure that opportunities are fully identified, the resource base is increased and recovery is maximised. A MER UK asset stewardship board has been established, designed to champion and monitor this strategy. Targets for production efficiency, Opex reduction and enhanced oil recovery have been set. Furthermore, the OGA intends to develop benchmarking between fields to set standards for production efficiency, recovery factor, operating costs and decommissioning costs. This data will be made available to industry on an anonymised and non-attributable basis.
  • Supply chain strategy: Although the OGA does not regulate the service sector, it recognises the role played by the supply chain to achieve MER UK. To this end, it has established the MER UK supply chain, exports and skills board with a broad membership of expertise from different sectors. The OGA has identified the potential over the next 20 years to double the service sector’s share of the global market and to increase the United Kingdom’s share of services to the domestic market. Accordingly, the OGA has also published a supply chain delivery programme that aims to communicate supply chain capability, encourage innovation, improve cost efficiencies, increase share of export and domestic market, and retain and develop the United Kingdom’s supply chain capability.

In 2016, the oil price has found a stable, if still low, floor. The strategy papers described above, and the work of the OGA generally, are intended to create an industry that is better able to cope with a continuing low-price environment. Having published these strategy papers, the United Kingdom’s oil & gas industry, with the help of the OGA, will implement these ideas in the 2017 and the year’s beyond.

Share This Insight

Categories

Previous Entries

Speaking Energy

October 27, 2025

On October 23, 2025, the Secretary of the U.S. Department of Energy (DOE) directed the Federal Energy Regulatory Commission (FERC) to conduct a rulemaking to assert jurisdiction over load interconnections to the bulk electric transmission system and establish standardized procedures for the interconnection of large loads.1 The Directive included an advanced notice of proposed rulemaking (ANOPR) that sets forth the legal justification for asserting jurisdiction over transmission-level load interconnections and fourteen principles that should inform FERC’s rulemaking process. The Secretary has directed FERC to take “final action” on the Directive no later than April 30, 2026.

...

Read More

Speaking Energy

October 24, 2025

On October 21, 2025, the U.S. Department of Energy (DOE) issued a final order (DOE/FECM Order No. 5264-A1) granting Venture Global CP2 LNG, LLC long-term authorization to export up to 1,446 billion cubic feet per year of domestically produced liquefied natural gas (LNG) from its Louisiana facility to countries without a free trade agreement with the United States (Non-FTA Countries). The final order follows a March 2025 Conditional Order,2 which issued while DOE was still completing its review of the agency’s 2024 LNG Export Study.3 The final order confirms that the project’s export volume and term authorization (through December 31, 2050) are unchanged, but provides for a three-year “make-up period” to allow export of any approved volume not shipped during the original term.

...

Read More

Speaking Energy

October 9, 2025

On October 1, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 914 amending certain Commission regulations to incorporate a conditional sunset date in compliance with the Trump administration’s April 2025 Executive Order, “Zero-Based Regulatory Budgeting to Unleash American Energy” (the EO).

...

Read More

Speaking Energy

October 8, 2025

Akin is pleased to serve as a gold sponsor for Infocast’s Energy Independence Summit in Houston, October 21-23. Energy partner Charlie Ofner will moderate the Macroeconomics of Domestic Energy Independence panel, projects & energy transition partner Shariff Barakat will lead Opportunities in US Manufacturing: How Big, How Fast, How FEOC?, and counsel Taha Qureshi will guide the discussion on Cornerstones for Energy Independence: Investing in Grid Security & Cybersecurity.

...

Read More

Speaking Energy

October 6, 2025

As of October 6, 2025, the Federal Energy Regulatory Commission (FERC) continues to operate despite the lapse in appropriations that resulted in a government shutdown on October 1, 2025. While FERC receives appropriations from Congress, it primarily is self-funded through fees and charges obtained from the industries it regulates, offsetting its total costs. Hence, during prior government shutdowns in 2018 and 2013, the agency was able to continue operations. However, FERC published a plan for operating in the event of a lapse in appropriations on September 30, 2025, available here

...

Read More

Speaking Energy

September 8, 2025

On September 4, 2025, the Senate Energy and Natural Resources Committee convened a hearing to consider the nominations of Laura Swett and David LaCerte to serve as commissioners at the Federal Energy Regulatory Commission (FERC or Commission). Swett is a former FERC Staff that served as legal and policy advisor to former FERC Chairman Kevin McIntyre and Commission Bernard McNamee. LaCerte is an attorney in private practice that previously held positions at the Chemical Safety and Hazard Investigation Board and the Louisiana Department of Veterans Affairs.

...

Read More

Speaking Energy

September 9, 2025

On August 29, 2025, Christopher Wright, the Secretary of the U.S. Department of Energy (DOE) submitted a proposal to the Federal Energy Regulatory Commission (FERC) under section 403 of the Department of Energy Organization Act (DOE Organization Act), asking that FERC terminate its long-running proceeding in Docket No. PL18-1, which addresses proposed updates to its policy statement on the Certification of New Interstate Natural Gas Facilities. The docket resulted in a draft policy statement that has never been finalized, nor relied upon by FERC in a published order, but would require FERC to consider environmental impacts and potential mitigation prior to making a public interest determination under the Natural Gas Act (NGA). The Secretary asks FERC to rescind the draft policy statement in its entirety to remove any uncertainty in gas infrastructure development. Rescission would require FERC to initiate a new docket and develop a new record should it want to reinitiate similar policy changes in the future.

...

Read More

Speaking Energy

August 15, 2025

On August 8, 2025, the Federal Energy Regulatory Commission (FERC) issued an enforcement order in Skye MS, LLC (Skye) and levied a $45,000 civil penalty on an intrastate pipeline operator in Mississippi, resolving an investigation into the operator’s violations of section 311 (Section 311) of the Natural Gas Policy Act (NGPA). FERC faulted the operator for providing a Section 311 transportation service without timely filing a Statement of Operating Conditions (SOC) and obtaining FERC’s approval for the transportation rates. Section 311 permits intrastate pipelines to transport interstate gas “on behalf of” interstate pipelines without becoming subject to FERC’s more extensive Natural Gas Act (NGA) jurisdiction, but requires the intrastate pipeline to have an SOC stating the rates and terms and conditions of service on file with FERC within 30 days of providing the interstate service. Under the NGPA, Section 311 rates must be “fair and equitable” and approved by FERC. In Skye, FERC stated that the operator began providing Section 311 service on certain pipeline segments in Mississippi in May 2023, following their acquisition from another Section 311 operator, but did not file an SOC with FERC until April 2025. The order ties the penalty to the approximately two-year delay between commencement of the Section 311 service and the SOC filing date. The pipeline operator was also ordered to provide an annual compliance report and to abide by additional verification requirements related to the filing of its FERC Form No. 549D, the Quarterly Transportation & Storage Report for Intrastate Natural Gas and Hinshaw Pipelines.

...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.