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Mexico-Alberta Regulatory Workshop Alejandro Carabias Icaza Deputy Executive Director for Regulations and Legal Standards September 4th, 2015

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Page 1: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

Mexico-Alberta Regulatory Workshop

Alejandro Carabias IcazaDeputy Executive Director for

Regulations and Legal Standards

September 4th, 2015

Page 2: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

CONTENT Constitutional Mandate

ASEA’s scope

ASEA’s model

Transparency

Emergency Response

Final remarks

Page 3: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

CONSTITUTIONAL MANDATEA high level responsibility

Page 4: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

“…to regulate and supervise in terms of industrial and operational safety and environmental protection, the facilities and activities of the hydrocarbons’ sector…”

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A decentralized agency from the Ministry of Environment (SEMARNAT) is created

This agency is specialized on the industrial and operational safety and environmental protection of the hydrocarbons sector

The responsibilities of hydrocarbon resources management and industrial safety are separated

Article 19th Transitory

Page 5: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

ASEA’S SCOPEThe whole value chain of hydrocarbons

Page 6: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

Production

Distributionand Retailing

To RegulateTo Regulate

To SuperviseTo Supervise

DrillingExploration

H y d r o c a r b o n s H y d r o c a r b o n s Industrial

Processing

Transportation

Storage

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Scope

Industrial and operational safety + environmental protection, on facilities and activities related to the hydrocarbons’ sector

Page 7: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

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ASEA’s Universe

70 ASEA Inspectors

+250 Offshore Platforms

+9,300 Wells +12,000Gas

Stations

65,000 Km of Pipelines

6 Refineries

+3,300 LP Gas Distribution and

Carburation Centers

9 Gas Processing Facilities

Page 8: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

ASEA’S MODELStrategic design

Page 9: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

Risk control

$ System

Inspection Plattform

Planning

Legal

Finances

Regulation Management

Inspection

Regulation

Administration by processes

Risk managementmodel

Comprehensive Process of registation and permitting

Mission Vision

Pro

fess

iona

lism

Tran

spar

ency

Impa

rcia

lity

Opp

ortu

nene

ss

Strategic Framework

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ASEA’s Institutional Model

Page 10: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

APPENDICES

Page 11: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

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Mission, vision and values

Mission

To guarantee individuals’ safety andenvironmental integrity with legal,procedural and cost-effectivenesscertainty in the hydrocarbons sector.

VisionTo be the Agency that takes theMexican hydrocarbons sector tobe the cleanest and the safestworldwide.

Professionalism: we are ethical, knowledgeable and experienced.

Transparency: what we do is public and accessible.

Impartiality: decisions are based upon objective criteria.

Opportuneness: we act timely and appropriately.

Values

Page 12: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

Portfolio Management RegulationPlanning Inspection

FillingGaps

Legal Standards

Permitsand

Programs

Sectors’ Performance

Data

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ASEA’s Management Model is based on processes

Page 13: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

Safety and EnvironmentalManagement Systems (SEMS)

Sufficient and Opportune FinancialResponsability

Goal orientedtechnical regulation Operations’ Risk Management

Multi-level Platform for Inspection

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Risk Management General Model

Page 14: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

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Management Systems

Requirement Title Requirement Title

I Policy X Control of activities, starts and changes.

II Dangeridentification and riskanalysis.

XI Mechanical Integrity and Quality Assurance.

III Legal requirements. XII Safety of Contractors.

IV Goals, objectives and indicators. XIII Emergency preparedness and response.

V Roles, Responsibilities and Authority. XIV Monitoring, verification and evaluation.

VI Competence, training and coaching. XV Audits.

VII Communication, Participation and Consultation.

XVI Investigation of incidents and accidents.

VIII Documents’ Control and Registries. XVII Results’ review.

IX Best Practices and Standars. XVIII Performance reports.

Requirements 13th Article 13th of the LawIntegrates Industrial Safety, Operational Safety and Enrivonmental

Protection.Organized as improvement process

Page 15: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

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Illustrative

E & PE & P

• Land: USD 500,000,000

• Ultra deepwater: USD 1,350,000,000

• Land: USD 500,000,000

• Ultra deepwater: USD 1,350,000,000

Transportation, storage and distribution

Transportation, storage and distribution

• From USD 500,000,000

• Up to USD 1,000,000,000

• From USD 500,000,000

• Up to USD 1,000,000,000

Industrial ProcessingIndustrial Processing

• To be identified • To be identified

RetailingRetailing

• From USD 250,000,000

• Up to USD 500,000,000

• From USD 250,000,000

• Up to USD 500,000,000

Financial limits of insurance policies

Page 16: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

E&E Regulation

General regulatory framework on safety and environmental protection

Transport and storage

Distribution and commecialization

MexicanOfficial

Standards

MexicanOfficial

Standards

MexicanOfficial

Standards

MexicanOfficial

Standards

MexicanOfficial

Standards

MexicanOfficial

Standards

Offshore guidelinesLand guidelines

Goal-oriented Regulation

Performance based

Prescriptive

Guidelines Guidelines Guidelines Guidelines

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Regulatory framework

Industrial transformation

Page 17: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

Certified third partiesCertified third parties

ASEAS’s InspectorsASEAS’s Inspectors

Insp

ectio

nIn

spec

tion

Insurance inspectionInsurance inspection

Internal inspectionInternal inspection• Autorized and evaluated by

ASEA & the MexicanCertification Organism(EMA)

• Randomly assigned• Financed by standard fees

payment

100% key aspects

80/20 key aspects

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Multi-level Platform for Inspection

Page 18: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

Onl

ine

proc

edur

esO

nlin

e pr

oced

ures

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Comprehensive process of registry and permits management

Page 19: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

TRANSPARENCYMandatory Public Consultation for all Regulation

Page 20: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

Industry and Regulators share a strategic goal: to improve the performance of the hydrocarbons sector on industrial safety and

environmental protection

The best regulation: the one that is built hand by hand with the industry and other stakeholders.

The challenge: moving forward towards a new paradigm, in which industry and regulator conduct technical conversations leading to reach common goals

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Page 21: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

Public Engagement on Regulations and Permits

Creation of new regulation Prior the start of activities

Public Consultation as part of the Regulatory Impact Manifest process by COFEMER (Federal Commission for Regulatory Improvement)

Public Consultation and Public Meetings as part of the Environmental Impact Assessment process

Regulatory Impact Assessment

The process of creating new legal standards through CONASEA (National Advisory Committee for Standardization on Industrial and Operational Safety, and Environmental Protection of the Hydrocarbons Sector) has the representation of different sectors – industry, government, academy, and consumers.

Page 22: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

EMERGENCY RESPONSEASEA’s role

Page 23: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

ASEA’s Role

“The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations, or events that can cause a significant harm to people or goods, and the environment, when the magnitude of such event requires it, or if applies, to participate under the coordination of the authorities”.

ASEA Act, Chapter One, Article 5, Part V.

Page 24: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

Onshore & Offshore Emergency Response

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*National Contingency Plan to Address and Control Hydrocarbon Spill and other Sea Harmful Substances*MEXUS Plan

Civil Protection SEGOB

(Ministry of Interior)

Coordinating Bodies

*National System of Civil Protection

SEMAR (Navy)

Page 25: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

ASEA’s Role

Preparing for an Emergency

• ASEA• Provide technical elements for Emergency Response Protocols

(Contingency Plan for Hydrocarbon Spills)

Emergency

• SEMAR / SEGOB• Coordinate Response

• ASEA• Participate, monitor and supervise the protocol execution

After an Emergency

• ASEA• Root Cause Analysis

Page 26: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

FINAL REMARKS

Page 27: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

A clear constitutional mandate: to regulate and supervise the entire valuechain of the hydrocarbons industry in the country.

Institutional Architecture: a blank space to stablish a process andsystems-based operation.

Cutting Edge Regulatory and Permitting Policy: focused on risk management; goal-oriented; inspired on best practices and operated through comprehensive processes.

Multi-level platform inspection: aligns incentives of the regulator with those of the opertors, the re-insurance sector and the verification units.

Regulation Strategy: Based on the needs and times for Round 1 to give total legal certainty to the operators.

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Page 28: Mexico-Alberta Regulatory Workshop · ASEA’s Role “The Agency has to define technical elements, that shall be included in protocols for emergency response or critical risk situations,

www.asea.gob.mx

Alejandro Carabias IcazaDeputy Executive Director for Regulations and Legal Standards

[email protected]