RE: FOI reply6 Sep 2018 14:51
June 2017 seems to have been a magic month, near six months after the expiry of the XER lease for Bentley field.
Executives from XEL, and XER renamed Whalsay Energy plc on the 13/6/17, then Whalsay Energy Ltd on the same day, had to have been in discussions with OGA since well prior to the liquidation of XEL on 5/12/16. If not, why not has to be asked of the XEL/XER BoDs at the time. Was the question of a 4 year lease extension never raised by them, or proposed by OGA during that time to support XEL's, reported by the BoDs, attempts to find partner(s) or further funders in the months in 2016 prior to having to succumb to liquidation? Or did this suddenly become someone's bright idea after the liquidation of XEL had been pushed through, the $330m debt of XER to XEL been forgiven, plus the $215m tax credit in XER being retained at no cost other than the $1 paid for the company by the Bondholders appointed liquidator, to the same Bondholders.
OGA themselves note they were aware of the same individuals, most remained directors of XER through the liquidation and supposed XEL asset sale attempt by the 'independent' BVI liquidator, right until after the 6/16 changes to XER/Whalsay registered names. All this during the time of the XER in name application for lease extension, reported by OGA to have been on 16/5/17, and the subsequent award by OGA of the extended 4 year lease on the 23/6/17. These individuals only resigned from the Board of what was by now Whalsay Energy Ltd after everything had been concluded on the 30/6/17. Some still remain as employees of Whalsay.
Why did OGA allow a time lapse to occur between the expiry of the Bentley lease 31/12/16 held by the subsidiary of XEL, a company known by OGA to be liquidated prior to the end term of the XER lease. The XER company name was not changed to Whalsay until 13/6/17, and then OGA award near six months later an extension of the same lease via same directors who were present during all previous negotiations, to this company that changed name just prior to said award.
And how did OGA consider newco XER/Whalsay had any better capability than XEL/XER before, other than by the huge value of a four year lease extension they would not award to XER at the time it was an XEL subsidiary. As Whalsay state in their 2017 accounts they will be INSOLVENT themselves by end of 2018 if a partner or funder for Bentley is not found before that date.
Whalsay as has been demonstrated had effectively no ability to develop Bentley other than the setup they engineered for their acquisition of XER and it's asset, plus a $15m loan injection from the new owners. With no partner they accepted the commercial risk/option of trying to find new partners or funders from the proprietary and staff information they had of the XEL experience, but with the key added advantage of a four year lease extension awarded by OGA against an expired lease, for which payment to FDP state had been made by others, the shareholders i