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Carbon Capture & Storage Newsletter - September – November 2011 15th Edition

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Baker & McKenzie's Carbon Capture & Storage Newsletter is designed to keep our clients informed of recent developments concerning carbon capture and storage (CCS) around the world. This edition describes recent and noteworthy Baker & McKenzie CCS events and reports on legislative and regulatory changes in various jurisdictions as well as information about forthcoming conferences which members of our CCS team are either speaking at or attending.

 


Recent Events

  

Recent events 

 

Carbon Sequestration Leadership Forum
20-22 September, Beijing

 

Andrew Beatty (Sydney) and Barbara Li (Beijing) represented the Firm at the 4th Carbon Sequestration Leadership Forum Ministerial Conference in Beijing.  Baker & McKenzie was the only law firm at the Ministerial Conference which was attended by senior delegations from about 30 countries and numerous senior Chinese businessmen and Government officials. The event provided a good opportunity to connect with a number of existing and potential clients including many Government officials, Alstom, the Global CCS Institute, the Clinton Climate Initiative, Petrobras, the International Energy Agency, Shell and various others.

 

Global CCS Institute Members Meeting

4-5 October, Melbourne

 

Andrew Beatty (Sydney) and Samantha Siebel (Melbourne) joined members of the Global CCS Institute from around the world for its 6th Meeting in Melbourne held on 4 and 5 October. 

 

The agenda for the meeting covered a wide range of topics. It included perspectives from both the public and private sectors, discussed a range of CCS technologies and projects, and explored a range of themes from CCS public engagement to CCS legal regulation.  Key messages from the meeting were:

  CCS is one of the tools for achieving large-scale carbon mitigation; it is not a competitor to renewables

  process is being made - 14 projects are now in operation or final stages of construction (with many more at various stages of development) but these projects have long lead times

  the importance of championing, communicating and securing early and targeted public engagement of CCS

  globally progress on implementing suitable legal and regulatory frameworks has been patchy, and suitable policy incentives and government funding will play a significant role in the rate at which demonstration and commercialisation of CCS projects progresses.

 

UCL Faculty of Laws Carbon Capture Legal Programme, "The Implementation of the EU CO2 Storage Directive: Challenges and Opportunities", 7 November, London

 

Richard Weatherhogg (London) joined around 100 other CCS specialists and associated professionals to discuss the EU Case Studies Project undertaken by UCL's Carbon Capture Legal Programme. The Project was launched in January 2011 to analyze the implementation process of the CCS Directive in six European jurisdictions - the UK, Germany, Poland, Romania, Spain and Norway.

 

The objective of the Project is to understand the rationale for national decisions on specific aspects of the implementation of the Directive within National legal regimes. The Project also aims to highlight the national policy and political context within which the legal and regulatory framework has emerged.

 

Some key topics discussed during the meeting include:

  The status of the transposition: Key messages from the case studies.

  Public engagement in CCS and the role of law: Developments in practice in the European Union.

  Public engagement and the legal process: The wider context.

  Assessing the future: The strengths and weaknesses of the European Union as a CCS regulatory leader.

 

Legal Developments

 

Global

 

COP 17 to decide on CCS inclusion under the CDM

 

The 17th conference of parties to be held in Durban later this year is likely to be decisive in deciding whether CCS projects are to be included under the clean development mechanism (CDM). Some key issues to be resolved are site selection, monitoring systems, liability for ongoing integrity of CO2 storage and project financing. Regardless, the inclusion of CCS is not expected to result in a significant increase in Carbon Credits entering the international market. A recent UNFCCC technical workshop in Abu Dhabi  titled "Technical workshop on modalities and procedures for CCS in geological formations as CDM project activities" went a long way to dealing with some of these concerns according to participants. A clear set of modalities were developed and will be used as the basis for discussion at COP 17.

 

Latest report paints mixed picture for CCS industry

 

The annual report by the Global CCS Institute has shown that the ongoing financial crises has put a dampener on CCS projects and resulted in a number of projects closing down or being cancelled. The reports states that there are 74 large-scale integrated CCS projects around the world in 2011, down from 77 in 2010. Of these 14 are either operating or under construction. The report does highlight a number of positive developments including the development of the large scale Gorgon CO2 injection project in Australia. Despite significant financial challenges the report upheld its predictions that there would be 20 large-scale projects up and running by 2020.

 

The report is available here.

 

Carbon Capture and Storage investment grows by 50% in 2010

 

According to the Climate Change Business Journal investment in Carbon Capture and Storage initiatives increased by 50% in 2010 to reach $2.4 billion globally.

 

Report finds CCS competitive in the future

 

A recent study by the Global CCS Institute has claimed that CCS becomes competitive once low-cost technology options such as hydro and wind energy are fully exploited. The study emphasizes the importance of using many different technologies to tackle climate change and concludes that average power generation costs will be higher if CCS is not implemented.

 

Taiwanese state-run enterprises launch CCS programs

 

Three of Taiwan's leading state-run enterprises have launched programs to begin developing CCS technologies pursuant to a government initiative to decrease Taiwan's carbon footprint.

 

Joint agreement on CCS implementation in India.

 

The European Commission and the Tiruchiapallia Regional Engineering College have reached a joint agreement whereby they will work together to apply CCS technology in Indian thermal power stations. The joint venture will partner with the State owned Bharat Heavy Electricals and is  the first time such a initiative has been attempted in India.

 

Global CCS Institute opens office in Tokyo

 

The Global CCS Institute has opened its first Asian office in Tokyo extending its international network that already includes offices in Europe and North America.

 

Norwegian CCS Technology Centre at Mongstad granted CO2 discharge permit

 

The Technology Centre at Mongstad (TCM) in Norway has received a CO2 discharge permit from the Norwegian Climate and Pollution Agency which will allow the TCM to commence the next stage of its CCS program. The US$1 billion project is now 80% developed and at completion will consist of two large scale CCS plants, tested with two real life CO2 point sources, a power plant and oil refinery. The aim of the project is to demonstrate the feasibility of CCS at a commercial level.

 

New partnership to develop CCS project in China

 

Alstom and China Datang Corporation have signed a Memorandum of Understanding to form a long-term partnership and develop a CCS demonstration project in China.

 

Australia

 

Carbon storage breakthrough

 

The Australia Co-operative Research Centre for Greenhouse Gas Technologies has developed the world's first single well test for the evaluation of the storage capacity and security of  the geological storage of carbon. The technology will allow carbon emissions to be stored in a safe and long term way. The Australian Government is providing $18.6 million in support of the project.

 

Otway Project a success.

 

Australia's leading geological carbon storage project has successfully completed its $10 million research program. The program ran for 11 weeks and successfully sequestrated 65 000 tonnes of CO2 in permanent geological formations. The research developed new skills and standards for monitoring the CO2 insertion process and ensuring that the CO2 would remain stored permanently. 

 

Canada

 

Canadian Standards Association seeks comments on world's first proposed CCS technical standard

 

The Canadian Standards Association (CSA), in partnership with the International Performance Assessment Centre for Geologic Storage of CO2, has released what would be the world's first technical standard for the geological storage of CO2 for public comment.

 

The proposed standard, which is intended for implementation in both Canada and the United States, is being make available for comment by the CSA until 27 December 2011.

 

The new standard is also intended to form the basis for an international standard to be subsequently developed by the International Organization for Standardization.

 

The draft CSA technical standard is available here.

 

Europe

 

Vattenfall delays CCS project plans

 

The German Utility Vattenfall Europe AG has decided to delay plans to build a CCS demonstration plant worth EUR1.5 billion in eastern Germany. The company says its decision was influenced by Germany's new draft laws on CCS which impose a lengthy liability period for companies engaged in CCS.

 

German CCS law blocked by Parliament

 

Legislation that would have allowed CO2 to be stored underground in Germany has been blocked by the Upper House of the German Parliament. The bill included plans for a number of pilot CCS projects before a full viability assessment in 2017. Germany must now come up with different legislation in order to meet its obligations under the EU directive on CCS.

 

New Zealand

 

CCS potential in New Zealand

 

Transfield Worley has released a new report titled "CCS in New Zealand – Can Carbon Capture and Storage deliver Value for New Zealand as we head towards a low carbon future". The report highlights a number of installations where utilizing CCS technology would be relatively cheap and effective. Overall the report concluded that while CCS development in New Zealand would require significant government support it could produce safe and effective results towards reducing carbon emissions.

 

The report is available here.

 

United Kingdom

 

Longannet CCS project cancelled

 

Scottish Power has announced that the planned £1billion CCS project at the Longannet power station has been cancelled. The power station has cited cost as being the primary reason the project failed. Scottish Power, which operates Longannet, put the cost at £1.5billion and the UK government decided it did not want to spend more than £1billion on supporting the trial and pulled away from the project. Scottish Power also referred to technical difficulties involved in piping the captured CO2 to the North Sea Gas Fields and increased costs. While the cancellation of this project represents a setback in the development of demonstration CCS plants in the UK, the Government has announced that it is committed to preserving the £1 billion in funding for up to four CCS demonstration projects. The Petershead power station has already expressed initial interest in hosting its own CCS project.

 

The £20 million worth of design work and studies conducted by the consortium of Scottish Power, National Grid and BP that were running the project will be made available through the Government's Knowledge Transfer program.

 

New Energy Act receives Royal Assent

 

The new Energy Act 2011 which contains two CCS specific provisions has passed parliament and received royal assent. Section 107 allows the reuse of offshore oil and gas infrastructure when used as part of a CCS demonstration project. Specifically, it removes the liability of previous owners for any future activities that occur as part of a CCS project. Section 108 amends the Pipe-Line Act 1962 to allow for the compulsory acquisition of rights to transport CO2 from the owners of the land through which the pipeline passes. This facilitates the ability for CCS operators to use pre-existing transportation infrastructure.  

 

New Carbon-Capture Simulation Project

 

The Energy Technologies Institute has commenced a $4.7 million simulation project that uses software to demonstrate to power companies how to best develop CCS sites economically. Backed by Royal Dutch Shell and BP the project is designed to provide complex models to both power plant operators and policy makers.

 

New 'CCS ready' Gas-Fired Power Station approved

 

Scottish Ministers have approved a new 1 000MW Combined Cycle Gas Turbine (CCGT) station in East Lothian, Scotland. The station has been designed to be fitted with next generation CCS technology. The plans have been criticized however, as campaigners argue that the 'CCS ready' aspects rely on as yet CCS technology which is currently not available commercially.

 

United States

 

$14 million in new government funding for CCS

 

The U.S. Department of Energy has announced $14 million in new funding for six projects aimed at decreasing the cost of CCS in integrated gasification combined cycle (IGCCC) power plants. The funding is conditional on the maintenance of the highest environmental standards and looks to support national energy security while also decreasing CO2 emissions associated with coal power generation. 

 

Grace receives government grant for CCS technologies

 

W.R. Grace & Co has been selected by the U.S. Department of Energy to receive a three year, $3 million grant for the development of advanced post-combustion CCS technologies in coal fired power plants. The project aims to capture 90% of power plant CO2 emissions while minimizing the amount of energy and subsequent retail energy price rises associated with the technology in the past.


 

CCS Event Calendar

 

  28 November – 9 December 2011
COP 17/CMP 7 - UNFCCC 2011
Durban, South Africa
Baker & McKenzie attending and speaking at various side events including for the Global CCS Institute, IETA and CMIA
Please contact
Marisa Chiarella for more information

  4 – 8 December 2011
20th World Petroleum Congress
Doha, Qatar
Baker & McKenzie sponsoring – click here for more information or contact Andrew Beatty (Sydney)

  16-19 January 2012
World Future Energy Summit
Abu Dhabi, United Arab Emirates
Baker & McKenzie speaking – contact Andrew Beatty for more information

  19 January 2012
GCCSI International Members Event
Canadian Embassy, Washington DC
Baker & McKenzie attending – contact Marisa Chiarella for more information

  25-26 April 2012
CSLF - CEM meeting
London, B&M attending (more information in our next edition)

  30 April – 3 May 2012
11th Annual Carbon Capture, Utilization and Sequestration Conference
David L. Lawrence Convention Center, Pittsburgh, PA
Baker & McKenzie attending – contact Marisa Chiarella for more information


Published In: Administrative Law Updates, Energy & Utilities Law Updates, Environmental Law Updates, International Law & Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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