TY - JOUR
T1 - Funding decommissioning in emerging petroleum producing countries
T2 - Ghana’s experience with decommissioning costs and guarantees
AU - Stephens, Thomas Kojo
AU - Acheampong, Theophilus
N1 - Publisher Copyright:
© 2024 International Bar Association.
PY - 2025
Y1 - 2025
N2 - Oil and gas operators globally decommission their assets as they reach the end of their useful economic lives. To do this, regulators impose on operators financial tools to cover future decommissioning liabilities. However, research on decommissioning costs and guarantees in the upstream petroleum industry often focus on higher-income countries rather than nascent and emerging petroleum-producing ones. Our paper responds to this gap by examining Ghana's experience with decommissioning in its petroleum industry, which started commercial production in late 2010. Using critical legal and documentary analysis, we argue that Ghana has, since the mid-2000s, progressively but in a concerted manner worked at developing a framework which can serve as a model for similarly situated countries. Nascent producing countries need not reinvent the wheel or make the mistakes that Ghana made but can adopt aspects of its model as a blueprint for funding the eventual decommissioning of their upstream petroleum facilities. Critical lessons for new producer countries include need for proactivity, localisation, trigger, and burden sharing.
AB - Oil and gas operators globally decommission their assets as they reach the end of their useful economic lives. To do this, regulators impose on operators financial tools to cover future decommissioning liabilities. However, research on decommissioning costs and guarantees in the upstream petroleum industry often focus on higher-income countries rather than nascent and emerging petroleum-producing ones. Our paper responds to this gap by examining Ghana's experience with decommissioning in its petroleum industry, which started commercial production in late 2010. Using critical legal and documentary analysis, we argue that Ghana has, since the mid-2000s, progressively but in a concerted manner worked at developing a framework which can serve as a model for similarly situated countries. Nascent producing countries need not reinvent the wheel or make the mistakes that Ghana made but can adopt aspects of its model as a blueprint for funding the eventual decommissioning of their upstream petroleum facilities. Critical lessons for new producer countries include need for proactivity, localisation, trigger, and burden sharing.
KW - decommissioning
KW - decommissioning fund
KW - escrow
KW - finance
KW - Ghana
KW - guarantees
KW - oil and gas
UR - https://www.scopus.com/pages/publications/105016199869
U2 - 10.1080/02646811.2024.2426353
DO - 10.1080/02646811.2024.2426353
M3 - Comment/debate
AN - SCOPUS:105016199869
SN - 0264-6811
VL - 43
SP - 227
EP - 250
JO - Journal of Energy and Natural Resources Law
JF - Journal of Energy and Natural Resources Law
IS - 2
ER -