Williams has made the same claim on several occasions since talks collapsed last April but there is no objective evidence the talks are occurring.In the immediate aftermath of the collapse, Williams made a similar claim. His subsequent comments however, made it clear the operators had merely been contacting provincial officials to confirm the provincial position in light of the Premier's comments to news media. No talks took place.
Williams made the same claim to local news media recently, but as Offal News pointed out, no industry sources would confirm anything beyond routine contacts on unrelated matters.
It wouldn't be the first time Williams made a claim that turned out to be at odds with the facts. In 2004, Williams claimed to have the support of provincial premiers for his position
on Equalization offsets. No evidence to support the claim appeared and, in fact, the subsequent criticism both publicly and privately from other provinces - particularly Ontario's Dalton McGuinty - , suggest the original claim lacked foundation. A letter from McGuinty that Williams said was an endorsement of the position turned out to be little more than a routine letter that included general good wishes on talks between the federal government and the Williams administration.
Williams has also claimed that Prime Minister Stephen Harper has committed to a loan guarantee on the Lower Churchill. Harper has said nothing of the sort publicly. His written commitments - used by Williams in the current Equalization row - merely talk of a commitment to talks aimed at exploring possible support in the spirit of Hibernia.The federal government initially provided loan guarantees to Hibernia but also invested directly in the project when one of the partners withdrew. As well, federal finance policy favours equity investment as opposed to loan guarantees.
According to the Post story, a Chevron spokesman "denied there are discussions or negotiations underway with the province."
A quick analysis of contending interests suggests there are no talks.
For a sitting Premier, facing criticism of his handling of the offshore in an election year, it bolsters his cause to claim that talks exist even if they are nothing more than rebuffed contacts initiated by the province.
For the industry, it would do no harm to confirm that there have been informal discussions but that obstacles remain.
Their continued denials of any talks suggest that they are simply stating the fact.Allowing the Premier to save face would be a simple and cost-free way of rebuilding a relationship that appears to have been damaged significantly in the wake of the Hebron collapse.
A sign of the bad blood between government and the operators came with the rejection by the province of the Hibernia South expansion. The province offered the public excuse that they rejected the application because it lacked crucial information. provincial officials glossed over the fact that they had failed to indicate they had any questions and took no action to find the information they sought, despite having the application in hand for the better part of a year.
In a related but unconfirmed story circulating in the local oil patch, senior officials of the province's Hydro corporation are said to have visited at least one of the Hebron operators last spring, after the talks collapsed, with a simple proposition: come back to the table, accept our position on Hebron and Hibernia South will proceed without a hitch.
If that story is true, it is a clear sign that talks ended in an atmosphere that can only be cleared with radical changes in position on both sides. If the story isn't true, its very existence suggests that feelings are running high and that the ill feeling on both sidesleft in the wake of the collapsed talks will take some time to disappate.
Obstacles do remain to Hebron talks, the same ones that existed previously. The provincial government continues to insist on a 4.9% equity position and has rejected any talk of investment tax credits or tax breaks. The provincial negotiating team is still led by Hydro's Ed Martin.
For the operators, the equity position remains a key problem especially so in light of the conflict of interest in having the future operating partner acting as the lead negotiator for the provincial treasury on taxes and royalties. To follow the Norwegian model of offshore management, as opposed to the Venezuelan or Nigerian one, that conflict of interest would definitely need to be addressed if talks could continue.
At least, the Andy Wells factor has been neutralized. Williams tried to install Andy Wells as head of the offshore regulatory board in a move that may have been aimed at stacking the deck in a manner more familiar in Venezuela or Nigeria than Norway. The related matter of fallow field legislation - which in Williams version appeared to be Venezuelan-style expropriation instead of Norwegain-style management - appears to be off the table entirely as well.
Those two elements would have given Williams his apparent preferred bargaining position: he holds all the options and the other party has no choice but comply. In the absence of that level of control of the situation, it is unlikely the provincial government would be eager to return to the bargaining table. The premier's rhetoric over the past year establishes his last position on hebron as his new minimum.
Since that exceeded what the companies were prepared to accept and in the absence of any legal means to force a deal on his own terms, it would appear highly unlikely there is any hope of getting hebron back on the rails.
That is until positions or players change.
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