To: Frank A. Coluccio who wrote (33005 ) 7/12/2010 7:22:37 PM From: axial 1 Recommendation Respond to of 46821 Terry Engelder on shale gas: The good, the bad and the yield curves --- "FT: So it’s particularly difficult to regulate in a prescriptive way? TE: Yes it is. The individual states, there’s a great difference between Texas and Pennsylvania. Texas is flat hot and dry, Pennsylvania’s hilly, has lots of streams, and it rains a lot. At the federal level, to try and get a set of laws that can deal with these differences is a nonsense. And the regulation is something that should be left to the state. And in fact that’s what we have now. Ultimately the local conditions will dictate what the best practices are. FT: What do you think is needed now? TE: The silver lining of the Gulf accident is that each of the operators is looking at that and thinking, gosh that could be us. Industry was moving carelessly in the GOM; the same thing could be happening in the gas shale. You might call that self-regulation. Self-regulation is important in itself but it is not adequate. You realize that in Pennsylvania, the DEP as recently as Spring 2008 did not have a strategy for dealing with gas production from the Marcellus. So, since the spring 2008, they have been learning how to do it, and how to do it right. People of New York have said we’ve got to stop this until we know we can do it right. What New York has done is equivalent to telling a brain surgeon ‘you can’t practice until you in the brain of a live person’. The analogy holds for the gas industry; progress is not made without practice. Industry has to experiment. Industry has to learn what went wrong to get it right next time. The industry evolves that way and writing reports is not going to replace the experience of doing this. New York of course may take the attitude that Pennsylvania will make the mistakes and New York can learn from Pennsylvania’s experience. That is true but someone had to take the lead. FT: But should it be more controlled? TE: But what you’re doing is attacking at the heart of free enterprise. There are a lot of countries where the single gas company or single oil company is nationalised and that’s not the way America works. I would defend the system of free enterprise here. I think it is true — in Pennsylvania if 100 regulators are inadequate to do the job, let’s get 200 regulators to ensure that all the companies are doing it right. I think the problem right now is inadequate inspection under present regulations and not more regulation. Another thing that’s happening is the big companies are developing an interest. At the same time it’s not clear to me that they’re any better at this than the small companies that have been doing it from the beginning."blogs.ft.com Jim