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In response to commenters' solutions that BOEM increase clarification that this option is obtainable for modified conditions or for obtaining new lease passions, BOEM believes the proposed textual content in thirty CFR 556.
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Other commenters asserted that the proposed rule did not include sufficient information and transparency about how the probabilistic estimates are derived. Reaction:
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Commenters advised that BOEM be reliable and intentional in its utilization of “economic assurance,” “protection,” and “bond” in the remaining rule. Specifically, they requested BOEM to think about utilizing the worldwide expression “stability” as during the 2020 Proposed Rule in lieu of “fiscal assurance,” which as an alternative can consult with the whole process of furnishing safety rather than the safety alone. Reaction:
Since 2009, over thirty corporate bankruptcies have transpired involving offshore oil and fuel lessees that did not have ample monetary assurance to protect their decommissioning liabilities. These bankruptcies have highlighted a weak spot in BOEM's current supplemental economical assurance program. BOEM's current method has, from time to time, been not able to forecast economical distress of these lessees and grantees that have not Earlier supplied supplemental economic assurance and, as a result, BOEM hasn't had adequate the perfect time to need and obtain supplemental economical assurance prior to a declaration of personal bankruptcy.
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When determining the mandatory volume of supplemental money assurance, BSEE Earlier presented to BOEM just one, algorithm-based deterministic estimate for decommissioning expenditures of OCS services.
BOEM acknowledges the commenters' guidance for your proposal of P70. The Office is finalizing in 30 CFR 556.901, as proposed, the use of P70 to ascertain the fiscal assurance required for properties where by The present lessee does not have an expenditure grade credit history score or the ratio of the worth from the proved reserves to decommissioning liabilities connected to Those people reserves will not be larger than or equivalent to 3-to-one.
Various commenters supported the usage of the P70 worth and proposed that BOEM adopt the P70 value in the ultimate rule for consistency With all the said function on the proposed rule: to make certain current lessees are fiscally capable of execute their decommissioning obligations. Response:
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