BOEM does not consider the time period “monetary assurance” is at any time applied to be a “approach for furnishing safety” in this rulemaking and, as a substitute, is employed to explain any of many differing types of securities that BOEM will settle for to ensure functionality of obligations. As such, BOEM thinks the phrase and associated definition is appropriate. BOEM has elected to simplify the rule by persistently utilizing the time period financial assurance as an alternative to referring to the assorted styles of monetary securities.
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With this particular rulemaking, the Office is finalizing an amendment to revise the criteria used To judge the necessity for supplemental fiscal assurance from the prevailing five conditions—economical potential, projected economic toughness, enterprise security, dependability in Assembly obligations according to credit rating or trade references, and document of compliance with legislation, rules, and lease conditions—to one of two criteria: (one) credit ranking and (two) the ratio of the value of proved reserves to decommissioning legal responsibility linked to These reserves. Specifically, the Office is finalizing the usage of an investment decision quality credit history rating threshold (or proxy credit score equivalent) as well as a minimum amount three-to-1 ratio of the worth of proved reserves to decommissioning liability connected with People reserves to ascertain if a lessee is needed to provide supplemental monetary assurance.
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Commenters usually supported the proposal to allow BOEM to withhold acceptance of any new transfer or assignment of any lease fascination until money assurance obligations are pleased. Reaction:
Lessees are jointly and severally responsible for the lease decommissioning obligations that accrue during their possession, and also those who accrued prior to their ownership, which suggests that each latest co-lessee is chargeable for the complete obligation and BSEE may possibly pursue full performance from any particular person latest lessee. See, e.g.,
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One particular commenter proposed that DOI modify its restrictions to allow guarantors to limit their guarantees to precise obligations. They asserted this modification is in keeping with the proposed rule and would ease stress on the security market place by removing any extra and unstated obligations from ensures that are not included in a economic assurance demand buy. Response:
Commenters supported the proposal to evaluate the money health of RUE grant holders using the exact same criterion as was proposed for oil and fuel lessees ( i.e.,