Land Use / Resource Conflict for Storage in the Operate stage

Objective

Objectives of this activity are to:

• Maintain negotiations and community engagement/outreach with the relevant stakeholders during operational phase.
• Monitor the situation, use the response plan and conflict management process if required.
• Ensure conformance with lease/purchase arrangements for general access/maintenance activities and regulatory authority requirements for measurement, monitoring and verification (MMV).
• Feedback to site operations and management team on regular basis and ensure that any statutory/regulatory reporting obligations are fulfilled. Implement any necessary adjustments to the response plan and conflict management process.
• Review closure plan requirements and amend as necessary.

Deliverables

For the Operate stage, deliverables should include an updated response plan, operations status report (based on MMV data, current outreach activity feedback, scheduled maintenance activities, financial statement and any other reporting criteria demanded by the statutory/regulatory authorities) and towards the end of the operational phase, an outline closure plan based on preliminary results from the MMV data:

• Updated response plan containing details of how land use/resource conflict issues (of various categories) should be handled during the operational stage of the project
• Current operations status report containing details of any land use/resource conflict issues that have arisen as a result of CO₂ injection operations, including how they are being addressed. Also any mandatory reporting criteria demanded by the statutory/regulatory authorities
• Outline closure plan based on preliminary MMV and outreach feedback

Tasks

Specific tasks for this level may include the following:

• Update the response plan to include land use/resource conflict issues connected with the operations phase. Again, this should be split into categories based on the level of severity expected and based on elements of the risk register, measurement, monitoring and verification (MMV) and mitigation and remediation strategies developed for the storage application. 
• Consult with environmental and health and safety specialists to formulate response and assess resources required for remediation operations (e.g. HAZOP/HAZAN studies). 
• Feed any additional findings back into the risk register. Such areas may include:

• Prepare an operations status report, containing:
  • Details of ongoing MMV operations (including CO₂ accounting), to demonstrate and verify that CO₂is still being contained within the licence area in accordance with modelling predictions. If this is not the case, the report needs to verify in detail:
    • The volume of CO₂ that has escaped and rate of escape
    • Where it has migrated to
    • Likely reasons for failure/escape
    • The consequences of escape in a land use/resource conflict context (e.g. sub-surface trespass, contamination, etc.)
    • Financial implications
    • Remedial actions being taken
• Document any incidents that required the response plan and/or conflict management process to be implemented, including:
  • Details of incidents and how they were dealt with
  • Personnel involved
  • Eventual outcome, including details of any compensation claims/payments, etc
• Document any updated information about the ongoing conflict management/outreach program, including:
  • List of team members, roles and responsibilities (organogram chart)
  • Dates/details of all conflict management/outreach activities undertaken, agendas/minutes from meetings, conclusions and future plans
  • List of action points from previous meetings and details of how these have been dealt with
  • Cost breakdown for personnel/presentation materials/media/venues/expenses; and
  • Any requirements for adjustments/improvements to the overall strategy for future engagements
• Ongoing and future maintenance issues that may impact on land use/resource conflict, such as:
  • Scheduled and unscheduled work activities required outside the terms of lease/access arrangements, including any requirements to pay additional fees or rates for access in lieu of compensation
  • Any requirements for well intervention and/or maintenance (particularly for offshore work)
  • Current status of MMV equipment and any requirements for replacement/updates/maintenance
  • Any access problems encountered and how these were dealt with
• Statutory/regulatory requirements, which may potentially cover reporting details of:
  • Land reinstatement following construction
  • Financial audit of fees/compensation payments
  • Requirements to vent CO₂ for any reason
  • Summary of environmental monitoring data to verify any changes to seismic activity, ground movements, soil/water chemistry/pH, etc
• Financial statement covering all aspects of Land Use/Resource conflict management
• Any requirements to update the risk register
• Schedule any activities necessary to resolve any outstanding and/or forthcoming land use/resource conflict issues, including:
  • Personnel/resource requirements for team activities
  • Implementation of the negotiation/mediation process and the outreach program
  • Assembly and preparation of all relevant legal documentation for applications and submissions
  • Assemble outline cost estimates for legal fees and compensation claims.
  • Continue with community/stakeholder engagement on the basis of the previously defined conflict management/outreach strategy. This should be an iterative process led by experienced mediation and outreach leaders, reporting back to their respective team members. For the mediation process in particular, agree between all parties to adhere to a strict meeting and reporting schedule for the following activities:
    • Initial negotiations
    • Mediation process
    • Final negotiations
    • Issuing draft documentation
    • Establishing consensus
    • Signing legal documentation
    • Ensure a high level of visibility for the results achieved and co-ordinate activities with other (international) groups to disseminate information in the interests of communication, transparency and social outreach
    • Ensure there is feedback and integration into other related project activity areas (e.g. Environment, Health and Safety, Property Rights/Permitting, Risk)
    • Prepare final recommendations, outline closure plan and schedule for the Closure stage

Examples

• International Association of Oil & Gas Producers, Environmental Management in Oil and Gas Exploration and Production (primarily for oil and gas, but equally applicable to CO₂ storage site activities).
• Court et al. (2010), Energy Procedia GHGT10, Active and Integrated Management of Water Resources Throughout CO2 Capture and Sequestration Operations.
• Tribal Energy and Environmental Information Clearing House (webpage), Geologic Sequestration Operations Impacts (including cultural, ecological, environmental justice and socio-economic)
• The Global Carbon Capture and Storage Institute, Groundwater and Storage Interactions Project: Australian Flagships Projects - Progress Presentations.
• DOE / NETL (2006), International Carbon Capture and Storage Projects Overcoming Legal Barriers
• The Compostilla Project OXY CFB 300 (2011), Public Engagement
• Scottish Carbon Capture & Storage (2008-10), Engagement Strategy for Carbon Dioxide Capture and Storage Projects in Scotland (Case Histories, Tools, Resources and Best Practices).
• World Resources Institute (2009-10), CCS and Community Engagement (Guidelines)
• University of Calgary / ISEEE (2009), Developing a Legal Regime for Carbon Capture and Storage in Canada
• International Energy Agency, Carbon Capture and Storage – Legal and Regulatory Review 2011
• International Energy Agency, Capture and Storage – Legal and Regulatory Review 2010
• The Commonwealth Scientific and Industrial Research Organisation, Communication and Engagement Toolkit for CCS Projects
• Enel (2011), Public Engagement on Enel's CCS Projects (presentation)
• Enel (2011), Promoting Resilient Public Acceptance for Enel's CCS Projects (presentation)
• Dressel et al. (2011) International Journal of Environmental Research and Public Health, CCS Activities Being Performed by the US DOE
• Energy Policy Institute / Centre for Advanced Energy Studies, Analysis of Existing and Possible Regimes for CCS - A review for Policymakers
• World Resources Institute, Storage Guideline 4 on Property Rights and Ownership
• National Environmental Research Council, Best Practice for the Storage of CO₂ in Saline Aquifers
• World Skills UK / British Geological Survey, An environmental science challenge - Natural energy resources and land use conflict - short presentation
• The IEA Greenhouse Gas R&D Program, Regulatory Framework Governing CO2 Injection and Storage at Weyburn/Midale
• Centre for Energy, Petroleum, Mineral Law and Policy (CEPMLP), University of Dundee – CCS, What are the Legal and Regulatory Imperatives? (Ogunlade, 2010)
• National Energy Technology Laboratory, Best Practices for: Public Outreach and Education for CCS Projects

Key Personnel

• Project Manager
• Team Managers (Operations and MMV)
• Local/National Government Policy Advisors (Environmental/Legal Departments)
• National Environmental Protection Agency Personnel
• Environmental Consultants
• National Geological Survey Personnel
• Geologists - Hydrogeology and Geotechnical Specialists
• Petroleum/Reservoir/Drilling/Facilities Engineers
• Conflict Management/Outreach Team, including:
  • Public Relations/Marketing/Communications Specialists
  • Hydrocarbon/Minerals/CCS Legal Specialists
  • Community Relations/Sociology Specialists
  • Mediation Specialists
  • Education Specialists
  • Safety Specialists
  • Document Controllers
  • Research Assistants