OCI Compliance & Governance, Part II
Automation of the Compliance Frameworks
The question is, with the future of work becoming more self-directed and motivated through performance. At the same time with computers automating more of the lower level work, how does compliance and governance fit into this vision?
We may be successful in building the software described in the Preliminary Specification. And yet have a real mess on our hands in terms of compliance and governance. This is if we don’t have an answer to this question built into that software. That is not what we do at People, Ideas & Objects. As much as everyone would like to ignore this difficult area of the business world it is a very necessary part of the business. And by saying that I know I have offended those people who are truly passionate about compliance and governance. And it's those people who will know how to implement these frameworks in the manner that solves the problem we're discussing. As for every problem there are people who have a passion that drives them to solve it. Such is the nature of user-driven software developments.
I know enough about the topic that this can be done in a manner that makes the user aware of the compliance and governance requirements of their actions. Even so, don't mindlessly remind them every ten minutes. Where decisions can be informed of compliance and governance implications before they are taken, rather than after the fact. Where information can be contextually provided without research. The point of the matter is that the user interface should be a rich environment where the underlying intelligence of the system should operate and provide for all of these requirements. That is if we purposely build it here in the Compliance & Governance module of the Preliminary Specification.
One of the other areas we discussed in the Compliance & Governance module was the scope of regulations that producer firms are now exposed to. A producer must meet quite a few different jurisdictions for a variety of different requirements. Staying on top of these requirements is a full time job for many within their organizations. If the trend is for more regulations then the demand for more people will increase, or alternatively, automation of compliance and governance frameworks will become a necessity.
Compliance & Governance of an Innovative Oil & Gas Producer
Throughout our discussion of the Preliminary Specification there’s been a spirit of cooperation between the producers that participate in the Joint Operating Committee and the vendors in the service industry. Oil and gas remains and will always be a very competitive industry and this spirit does not detract from it. The individual producer is ultimately focused on developing their land & asset base, and expanding their earth science & engineering capabilities. This is for their shareholders' financial gain. Control of the corporation, and hence its competitiveness, should be through the governance interface of the Compliance & Governance module.
This emphasis on governance needs to consider innovation's role in the market economy. It assumes companies in a free market are willing to invest in science & technology to advance their firm's competitive nature. Some may see governance and innovation as two opposing forces on the same scale. That may be the case, but I don’t think they conflict. You can have effective governance and remain highly innovative and competitive. For instance, look at Apple. No one doubts they run a tight ship. I would suggest that it would be difficult to see an innovative corporate mindset come about from a poorly governed process.
One of the research questions in the Preliminary Research Report was “can the scope and understanding of the innovation process be reduced to a quantifiable and replicable process?” The answer to that is difficult to quantify. First you need an appropriate organization, such as the Joint Operating Committee, to be supported by the aligned frameworks of the Joint Operating Committee. Then you need a service industry that collaborates with producers to develop the science & engineering products and services necessary to develop the industry. So with that, that makes the answer to the research question an unqualified yes.
Having everything in place is no guarantee of innovation. People are necessary elements of the process. The ideal thing a producer can do is to provide an environment that enables and enhances innovation, and that is what the People, Ideas & Objects Preliminary Specification is designed to do. In terms of governance of that process I think we have given the producer some unique tools to maintain control over their firm and the Joint Operating Committees that they participate in. These tools include Industrial Command & Control, the Work-Order system, the Purchase-Order system, etc.
Governance of the Joint Operating Committee
Throughout our discussion of the Preliminary Specification we have described two distinct organizational structures. The producer firm and the Joint Operating Committee. Up until now we have focused the Compliance & Governance modules discussion on the producer firm. The Joint Operating Committee is operated through the People, Ideas & Objects software application modules to identify and support the seven frameworks the Joint Operating Committee defines. The question therefore becomes how does the producer firm maintain governance over the producers' working interest share of the Joint Operating Committee?
First we have Industrial Command & Control that is adopted across the organization. This is so that producers within a Joint Operating Committee can pool their human resources, and impose a chain of command, control and governance over those resources. This pooling is done to offset the shortage of technical resources in the earth science & engineering fields that we have discussed. Since the pooling is composed of resources from multiple producer firms, governance over those resources in the Joint Operating Committee is deferred to the Committee itself.
Each Joint Operating Committee is governed by their own agreement, operating and accounting procedure in most instances. These are the documents that provide operational means for decisions, policies and procedures. The influence of one producer to skew the results of these decisions, policies and procedures may occur if they have a high percentage of voting rights during the establishment of the agreement. Other than that the Joint Operating Committee will be left to operate based on the parameters set and will have minimal need for voting on these points in subsequent years. Where they will be active is in the budgets and the decisions as to what and where the facilities should be developed. For this there are mechanisms to deal with the (non) participation of other producers and these will be documented by the Joint Operating Committee.
As we can see the voting rights of the producer in the Joint Operating Committee is the extent of their influence in the day to day business. Other than their determination of the amount of capital they will spend. The Joint Operating Committee will operate completely autonomously based on the parameters agreed to by the founding producers. There are voting rights and those may be significant in terms of influence on the outcome. However, the producer organization and the Joint Operating Committee are two separate organizations for all intents and purposes.
Nonetheless, there is the need to ensure that the governance of the operations of the Joint Operating Committee is within the normal scope of operations. This is a responsibility of the management of each producer firm. How then can the producer's governance be extended over the Joint Operating Committee in a manner that meets this criteria. This respects that each producer on the Joint Operating Committee will have similar concerns?
When a producer adds up the number of Joint Operating Committees they have an interest in, it could easily number in the hundreds. Management of hundreds of properties operating semi-autonomously presents its own issues and opportunities. Documenting all Joint Operating Committee activities is not an issue. This would involve putting an interface over the various data elements and presenting that within the governance section of the Compliance & Governance module. I think we have to get more sophisticated than that and start capturing the activities and actions within the Joint Operating Committees. Every time there is a vote the results are reported through the governance interface to each partner. Every time there is an election, non-participation, capital expenditure decision, etc., it's reported through the governance interface to each partner. Then the users of the data have a summary of the actions in those Joint Operating Committees. They can determine if any actions require further attention. I am sure our user community will have substantially more needs than these few requirements. And that is why users have such a prominent role in this software development.
Governance Over Lessons Learned
The innovative oil & gas producer is supported through the People, Ideas & Objects application modules. Their innovativeness is what the system is designed to achieve. This is based on the fundamental belief that higher commodity prices finance increased innovation and the most efficient producers will be the most profitable. However, as we know with innovation there is failure that is a natural part of the process. Therefore with greater innovative success there will be greater failure in the process of achieving that success. This deals with the governance of failure within the Joint Operating Committee and how it is handled in the Compliance & Governance module of the Preliminary Specification.
The first thing we should do is define these failures in their proper context and call them lessons learned. These will be documented in an area within the governance section of the Compliance & Governance module for review by others. As we have discussed, a producer may have hundreds or thousands of interests in Joint Operating Committees located worldwide. The ability to know what works and what doesn’t work, where lessons are learned daily, would be a valuable resource for a firm. Recall that in the Knowledge & Learning module these lessons learned are captured in each Joint Operating Committee. What the Compliance & Governance module does is aggregate these lessons learned from each of the Joint Operating Committees the producers have an interest in. It presents them in a database with all of the other Joint Operating Committees they have an interest in.
This is to avoid repeating the same mistakes and expecting different results. If the firm knows a certain operation is ineffective, it should cease conducting it. With each producer within a Joint Operating Committee having access to the lessons learned the less they might occur. In spite of the fact that these lessons were learned much after the fact, it is still worthwhile to be aware of the information so that others will be able to avoid a similar situation in the future. Lessons learned may also show the way to success. Firms should require their designates to the Joint Operating Committee to report all material deviations through the lessons learned interface. This would update the Knowledge & Learning modules for the specific Joint Operating Committee and the Compliance & Governance modules for each producer firm so that learning could be spread as far and as quickly as possible.
Our research discovered a fascinating anomaly. Do these collaborations within the Joint Operating Committee create leakage of proprietary knowledge and capability from one producer to the other? The question therefore becomes how is this proprietary information and capability deployed on an as-needed basis? Professor Giovanni Dosi notes that “although the free movement of information has occurred in industries for many years, yet has never been easily transferable to other companies within those industries. The ability to replicate a competitive advantage from one company to another is not as easy, and may indeed be not worthwhile doing.” Dosi (1988) goes one step further and states, “even with technology license agreements, they do not stand as an all or nothing substitute for in-house search.” A firm needs to develop “substantial in-house capacity in order to recognize, evaluate, negotiate and finally adapt the technology potentially available from others.” Therefore why not focus on the need to increase the company's own unique and distinct sources and directions of competitive advantage? This also implies that the free flow of information between producers through collaborations in the Joint Operating Committee would increase knowledge, yet not expose anyone of the specific organizations to any specific losses of key knowledge, proprietary information or capability.
Within a Joint Operating Committee each producer is entitled to this information irrespective of its origins. What is needed is the means to mitigate losses caused by repeating the same mistakes corporately. The ability to learn from its mistakes should be a strong part of any corporate governance module and that is why it is included here in the People, Ideas & Objects Compliance & Governance module.
Compliance & Governance Opportunity
When will the demand for more information from regulators end? Maybe a more constructive question would be to think about how we can get ahead of this situation permanently? Part of the answer to that question is software. We approach the development of comprehensive software for the innovative oil & gas producer with People, Ideas & Objects. This should be seen as an opportunity to rethink the producer firm's compliance and governance. To begin the implementation of software that will solve compliance and governance issues on an ongoing basis. And by that I mean from the point of view of using software, automation, the division of labor and specialization as solutions to the problem.
Assuming that each producer needs to comply with regulatory requirements from a to z, that’s 26 jurisdictions. That’s 26 unique talents they would need on staff to meet regulatory requirements within each producer firm. Now in aggregate, the industry will have those same 26 jurisdictions. Why would we not break this down into 26 teams who specialize in one jurisdiction each on behalf of all producers? Using software designed to meet the needs of that jurisdiction, they could do the necessary work on behalf of each producer in the industry. They could apply their services to small start-up firms and Exxon Mobil. The specialized nature of the staff at each service provider would be more efficient and less costly than having in-house staff at each producer firm. Add to that the costs of developing specific software to meet compliance needs being amortized over the entire industry, instead of incurred at each firm. The costs of compliance are lower with better service.
In Professor Giovanni Dosi's three key factors of innovation, regulation is part of the third. Clearly it is currently a drag on innovation. And what we have here is an opportunity to reduce regulatory drag on industry innovation.
Additional issues include the conditions controlling occupational and geographical mobility and or consumer promptness / resistance to change, market conditions, financial facilities and capabilities and the criteria used to allocate funds. Microeconomic trends in the effects on changes in relative prices of inputs and outputs, including public policy. (regulation, tax codes, patent and trademark laws and public procurement.) p. 1121.
At some point the volume of regulations will become economically impractical for each producer to maintain on their own. I think that time may have passed and these compliance costs degrade industry profitability. It should be at this point that the regulations should force producers to look at other means to meet these requirements. In today’s marketplace that includes software, automation, the division of labor and specialization. And see a shift away from individual producers' compliance and governance capabilities to industry wide compliance and governance capabilities. That is the opportunity presented here in the People, Ideas & Objects Preliminary Specification.