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“Oil Field Unitization in Theory and Practice”

by

Dr. James L. Smith

Cary M. Maguire Chair in Oil & Gas Management Department of Finance

Southern Methodist University Dallas, TX 75275 USA

EPGE/FGV International Workshop on Microeconomics Applied to the Energy Industry

jsmith@smu.edu

(2)

Theory versus Practice

In Theory:

(3)

Theory versus Practice

In Theory:

An ideal solution to an important problem.

In Practice:

Imperfect adaptations are unavoidable, but

may jeopardize success.

(4)

Outline of My Talk

Unitization in theory:

(5)

Outline of My Talk

Unitization in theory:

Aligns incentives

(6)

Outline of My Talk

Unitization in theory:

Aligns incentives

Eliminates waste

(7)

Outline of My Talk

Unitization in practice:

Difficulties in forming the unit.

Inherent bargaining power

Uncertain terms of trade

(8)

Outline of My Talk

Unitization in practice:

Difficulties in forming the unit.

Inherent bargaining power

Uncertain terms of trade

The role of government vs. voluntary action

Difficulties in operating the unit.

Early gas sales vs. enhanced oil production

Primary vs. secondary recovery

(9)

Outline of My Talk

Unitization in practice:

Difficulties in forming the unit.

Inherent bargaining power

Uncertain terms of trade

The role of government vs. voluntary action

Difficulties in operating the unit.

Early gas sales vs. enhanced oil production

Primary vs. secondary recovery

Concessions vs. production sharing?

How the former difficulties lead to the

latter.

(10)

The “Rule of Capture”…

… as explained by:

(11)
(12)

The “Rule of Capture,” as Explained by Law

The well bore may not cross property lines.

(13)

The “Rule of Capture,” as Explained by Law

The well bore may not cross property lines.

Mr. Burns is breaking the law.

But hydrocarbons may (and will) cross

property lines.

Your neighbor’s vertical well is not breaking the law.

Without unitization, your neighbor will drill many wells that exploit your property.

(14)
(15)
(16)
(17)
(18)

That Was Then. This is Now.

(19)

Satellite View: Sparse Wells, Small Footprint

(20)

And Much Closer to the Ground

(21)

How Unitization “Solves” the Problem

Each producer owns a share of the common

(22)

How Unitization “Solves” the Problem

Each producer owns a share of the common

pie.

Incentives are aligned; each producer want

to maximize the value of the pie, which in

turn maximizes the value of his share.

(23)

How Unitization “Solves” the Problem

Each producer owns a share of the common

pie.

Incentives are aligned; each producer want

to maximize the value of the pie, which in

turn maximizes the value of his share.

(24)

How Unitization “Solves” the Problem

Each producer owns a share of the common

pie.

Incentives are aligned; each producer want

to maximize the value of the pie, which in

turn maximizes the value of his share.

Waste that hurts any one producer, hurts all.

Unit governance is simple: wise decisions

(25)

Problems That Remain to be Solved

Difficulties in forming the unit…

Bargaining and the inherent bargaining power of small interest holders.

(26)

Problems That Remain to be Solved

Difficulties in forming the unit…

Bargaining and the inherent bargaining power of small interest holders.

Price and technological uncertainties, as they affect the “terms of trade.”

(27)

Problems That Remain to be Solved

Difficulties in forming the unit…

Bargaining and the inherent bargaining power of small interest holders.

Price and technological uncertainties, as they affect the “terms of trade.”

Creation of multiple “participating areas” to sidestep hard decisions.

(28)

Problems That Remain to be Solved

Difficulties in forming the unit…

Bargaining and the inherent bargaining power of small interest holders.

Price and technological uncertainties, as they affect the “terms of trade.”

Creation of multiple “participating areas” to sidestep hard decisions.

… lead to difficulties in operating the unit:

(29)

Problems That Remain to be Solved

Difficulties in forming the unit…

Bargaining and the inherent bargaining power of small interest holders.

Price and technological uncertainties, as they affect the “terms of trade.”

Creation of multiple “participating areas” to sidestep hard decisions.

… lead to difficulties in operating the unit:

Interests are misaligned.

(30)

Problems That Remain to be Solved

Difficulties in forming the unit…

Bargaining and the inherent bargaining power of small interest holders.

Price and technological uncertainties, as they affect the “terms of trade.”

Creation of multiple “participating areas” to sidestep hard decisions.

… lead to difficulties in operating the unit:

Interests are misaligned.

Conflict replaces unanimity.

(31)

Economic Analysis of Bargaining Power

Simplified model of two owners producing

(32)

Economic Analysis of Bargaining Power

Simplified model of two owners producing

from one field.

Voluntary unitization is possible, but only if

the owners reach mutual agreement on:

equity shares

(33)

Economic Analysis of Bargaining Power

Simplified model of two owners producing

from one field.

Voluntary unitization is possible, but only if

the owners reach mutual agreement on:

equity shares

operational plan (well locations, etc.)

This situation “favors” the small interest

(34)

Economic Analysis of Bargaining Power

Simplified model of two owners producing

from one field.

Voluntary unitization is possible, but only if

the owners reach mutual agreement on:

equity shares

operational plan (well locations, etc.)

This situation “favors” the small interest

holder.

(35)

Company 1: Minority Interest C o m p a n y 2 : M a jo ri ty I n te re s t P1max P2max

The curved line bounds the set of attainable operating profits from respective sectors of the field.

Profit Line

Bargaining to Form a Unit

J. L. Smith, “The Common Pool, Bargaining, and the Rule of Capture, Economic Inquiry, 25:4, 1987.

(36)

Company 1: Minority Interest C o m p a n y 2 : M a jo ri ty I n te re s t P1max P2max  P1X

Interior points represent inefficient drilling patterns. Alternatives exist under which both companies gain.

Point “X” Any point in this quadrant is better than “X” P2X Profit Line

Interior points represent inefficient drilling patterns. Alternatives exist under which both owners gain.

(37)

Profit Line Optimal Exploitation (Max Joint Profit)

Company 1: Minority Interest

C o m p a n y 2 : M a jo ri ty I n te re s t P1max P2max P2 P1

(38)

Payoff Line

Profit Line Optimal Exploitation (Max Joint Profit)

Company 1: Minority Interest

C o m p a n y 2 : M a jo ri ty I n te re s t P1max P2max P2 P1 45o

(39)

Payoff Line

Profit Line Optimal Exploitation (Max Joint Profit)

Company 1: Minority Interest

C o m p a n y 2 : M a jo ri ty I n te re s t P1max Disagreement (Anarchy) P2max P2 P1 45o 

(40)

Payoff Line

Profit Line Optimal Exploitation (Max Joint Profit)

Company 1: Minority Interest

C o m p a n y 2 : M a jo ri ty I n te re s t P1max Disagreement (Anarchy) P2max P2 P1 45o 

(41)

Payoff Line

Profit Line Optimal Exploitation (Max Joint Profit)

Company 1: Minority Interest

C o m p a n y 2 : M a jo ri ty I n te re s t P1max Disagreement (Anarchy) P2max P2 P1 45o 

(42)

Payoff Line

Profit Line Optimal Exploitation (Max Joint Profit)

Company 1: Minority Interest

C o m p a n y 2 : M a jo ri ty I n te re s t P1max Disagreement (Anarchy) P2max P2 P1 45o

(43)

Payoff Line

Profit Line Optimal Exploitation (Max Joint Profit)

Negotiated Profit Distribution

Company 1: Minority Interest

C o m p a n y 2 : M a jo ri ty I n te re s t P1max Disagreement (Anarchy) P2max P2 P1 P1+S P2-S 45o

(44)

Government Intervention

Well spacing and permitting regulations

replace anarchy (in the event of

disagreement) with order. This limits the

bargaining power of smaller interests.

(45)

Government Intervention

Well spacing and permitting regulations

replace anarchy (in the event of

disagreement) with order. This limits the

bargaining power of smaller interests.

So-called “unitization assistance” laws may

(46)

Government Intervention

Well spacing and permitting regulations

replace anarchy (in the event of

disagreement) with order. This limits the

bargaining power of smaller interests.

So-called “unitization assistance” laws may

marginalize small interests.

Arbitration may fine-tune both of these to the

(47)

Government Intervention

Well spacing and permitting regulations

replace anarchy (in the event of

disagreement) with order. This limits the

bargaining power of smaller interests.

So-called “unitization assistance” laws may

marginalize small interests.

Arbitration may fine-tune both of these to the

circumstances of a specific field.

The bargaining problem is mitigated, not

(48)

Payoff Line

Profit Line Optimal Exploitation (Max Joint Profit)

Negotiated Profit Distribution

Company 1: Minority Interest

C o m p a n y 2 : M a jo ri ty I n te re s t P1max Disagreement (Anarchy) P2max P2 P1 P1+S P2-S 45o

(49)

Payoff Line

Profit Line Optimal Exploitation (Max Joint Profit)

Negotiated Profit Distribution

Company 1: Minority Interest

C o m p a n y 2 : M a jo ri ty I n te re s t P1max Disagreement (Anarchy) P2max P2 P1 P1+S P2-S 45o Disagreement (Arbitration)

(50)

Payoff Line

Profit Line Optimal Exploitation (Max Joint Profit)

Negotiated Profit Distribution

Company 1: Minority Interest

C o m p a n y 2 : M a jo ri ty I n te re s t P1max Disagreement (Anarchy) P2max P2 P1P1+S P2-S 45o Disagreement (Arbitration)

(51)

Uncertainty Compounds the Problem

Uncertainty and disagreement may exist

regarding the relative value of reservoir

fluids.

(52)

Uncertainty Compounds the Problem

Uncertainty and disagreement may exist

regarding the relative value of reservoir

fluids.

(53)

Uncertainty Compounds the Problem

Uncertainty and disagreement may exist

regarding the relative value of reservoir

fluids.

gas vs. oil

(54)

Uncertainty Compounds the Problem

Uncertainty and disagreement may exist

regarding the relative value of reservoir

fluids.

gas vs. oil

primary recovery vs. secondary recovery

(55)

Uncertainty Compounds the Problem

Uncertainty and disagreement may exist

regarding the relative value of reservoir

fluids.

gas vs. oil

primary recovery vs. secondary recovery

royalty leases vs. production sharing contracts??

These may prevent agreement on “terms of

trade” by which individual holdings are

exchanged for shares of the unitized field.

(56)

How Many “Participating Areas” in the Unit?

Dual “Participating Areas” are created to help owners reach agreement on equity shares.

(57)

How Many “Participating Areas” in the Unit?

Dual “Participating Areas” are created to help owners reach agreement on equity shares.

Common Examples

“Oil Rim vs. “Gas Cap” participating areas

(58)

How Many “Participating Areas” in the Unit?

Dual “Participating Areas” are created to help owners reach agreement on equity shares.

Common Examples

“Oil Rim vs. “Gas Cap” participating areas

“Primary” vs. “Secondary” participating areas

Intended benefit: to circumvent conflict over the “terms of trade” (by avoiding the trade)

(59)

How Many “Participating Areas” in the Unit?

Dual “Participating Areas” are created to help owners reach agreement on equity shares.

Common Examples

“Oil Rim vs. “Gas Cap” participating areas

“Primary” vs. “Secondary” participating areas

Intended benefit: to circumvent conflict over the “terms of trade” (by avoiding the trade)

Relevant only if there is both uncertainty and disagreement about the relative value of the dissimilar assets (oil vs. gas)

(60)

Negative Impact of Dual Participating Areas

(61)

Negative Impact of Dual Participating Areas

Creates competition among owners.

Imposes conflicting perspectives on a shared investment problem.

(62)

Negative Impact of Dual Participating Areas

Creates competition among owners.

Imposes conflicting perspectives on a shared investment problem.

Exposes owners to the “hold up” problem: pressure to alter agreements after costs have been sunk and bargaining leverage lost.

(63)

Negative Impact of Dual Participating Areas

Creates competition among owners.

Imposes conflicting perspectives on a shared investment problem.

Exposes owners to the “hold up” problem: pressure to alter agreements after costs have been sunk and bargaining leverage lost.

Only postpones hard decisions, and may increase the cost of reaching ultimate agreement.

(64)

Gas Oil

Water

Source: American Petroleum Institute, 1986

(65)

Ex. 1: Reservoir Development Dilemma:

Gas Cycling vs. Early Gas Sales

Oil NPV $600 Gas NPV $400 Combined NPV = $1,000 Gas Cycling Oil NPV $200 Gas NPV $700 Combined NPV = $900

(66)

Ex. 1: Reservoir Development Dilemma:

Gas Cycling vs. Early Gas Sales

Oil NPV $200 Gas NPV $700 Combined NPV = $900

Early Gas Sales

Oil NPV $600 Gas NPV $400 Combined NPV = $1,000 Gas Cycling

(67)

Ex. 1: Reservoir Development Dilemma:

Gas Cycling vs. Early Gas Sales

Oil NPV $600 Gas NPV $400 Combined NPV = $1,000 Oil NPV $200 Gas NPV $700 Combined NPV = $900

(68)

Ex. 1: Reservoir Development Dilemma:

Gas Cycling vs. Early Gas Sales

Oil NPV $600 Gas NPV $400 Combined NPV = $1,000 Oil NPV $200 Gas NPV $700 Combined NPV = $900

(69)

Dual Participating Areas Create Conflict

Assume the holdings of one company are concentrated in the Gas Cap (gas-prone leases).

If the owners form two PA’s, their interests will be misaligned.

Oil Rim PA Example: Co. A 30%

(70)

Dual Participating Areas Create Conflict

Assume the holdings of one company are concentrated in the Gas Cap (gas-prone leases).

If the owners form two PA’s, their interests will be misaligned.

Oil Rim PA Gas Cap PA Example: Co. A 30% 70%

(71)

+ = Co. A, $180, 30% Co. B, $420, 70% Oil NPV = $600 Co. A, $280, 70% Co. B, $120, 30% Gas NPV = $400 Co. A, $460, 46% Co. B, $540, 54% Combined NPV = $1,000

(72)

+ = + = Co. A, $180, 30% Co. B, $420, 70% Oil NPV = $600 Co. A, $280, 70% Co. B, $120, 30% Gas NPV = $400 Co. A, $460, 46% Co. B, $540, 54% Combined NPV = $1,000 Co. A, $60, 30% Co. B, $140, 70% Oil NPV = $200 Co. A, $490, 70% Co. B, $210, 30% Gas NPV = $700 Co. A, $550, 61% Co. B, $350, 39% Combined NPV = $900

Plan B (Early Gas Sales) Plan A (Gas Cycling)

(73)

+ = + = Co. A, $180, 30% Co. B, $420, 70% Oil NPV = $600 Co. A, $280, 70% Co. B, $120, 30% Gas NPV = $400 Co. A, $460, 46% Co. B, $540, 54% Combined NPV = $1,000 Co. A, $60, 30% Co. B, $140, 70% Oil NPV = $200 Co. A, $490, 70% Co. B, $210, 30% Gas NPV = $700 Co. A, $550, 61% Co. B, $350, 39% Combined NPV = $900

Plan B (Early Gas Sales) Plan A (Gas Cycling)

(74)

+ = + = Co. A, $180, 30% Co. B, $420, 70% Oil NPV = $600 Co. A, $280, 70% Co. B, $120, 30% Gas NPV = $400 Co. A, $460, 46% Co. B, $540, 54% Combined NPV = $1,000 Co. A, $60, 30% Co. B, $140, 70% Oil NPV = $200 Co. A, $490, 70% Co. B, $210, 30% Gas NPV = $700 Co. A, $550, 61% Co. B, $350, 39% Combined NPV = $900

Plan B (Early Gas Sales) Plan A (Gas Cycling)

Company B wants to cycle

(75)

Ex. 2: Reservoir Development Dilemma:

When to Initiate Secondary Recovery?

Normal Timing NPV I $500 NPV II $200 Overall NPV = $700 NPV I $300 NPV II $300 Overall NPV = $600 Premature Timing

(76)

Ex. 2: Reservoir Development Dilemma:

When to Initiate Secondary Recovery?

 Normal Timing  Premature Timing

NPV I $500 NPV II $200 Overall NPV = $700 NPV I $300 NPV II $300 Overall NPV = $600

(77)

Dual Participating Areas Create Conflict

Assume the holdings of one company are concentrated on the shoulder of the field, tending more to benefit from secondary recovery.

If the owners form two PA’s, their interests will be misaligned.

Primary PA Example: Co. A 30%

(78)

Dual Participating Areas Create Conflict

Assume the holdings of one company are concentrated on the shoulder of the field, tending more to benefit from secondary recovery.

If the owners form two PA’s, their interests will be misaligned.

Primary PA Secondary PA Example: Co. A 30% 70%

(79)

+ Co. A, = $140, 70% Co. B, $60, 30% Secondary NPV = $200 Co. A, $290, 41% Co. B, $410, 59% Overall NPV = $700 Co. A, $150, 30% Co. B, $350, 70% Primary NPV = $500

(80)

+ = + Co. A, $140, 70% Co. B, $60, 30% Secondary NPV = $200 Co. A, $290, 41% Co. B, $410, 59% Overall NPV = $700 Co. A, $150, 30% Co. B, $350, 70% Primary NPV = $500 Co. A, $90, 30% Co. B, $210, 70% Primary NPV = $300 Co. A, $210, 70% Co. B, $90, 30% Secondary NPV = $300 Co. A, $300, 50% Co. B, $300, 50% Overall NPV = $600 =

Plan A: Efficient Reservoir Development

(81)

+ = + Co. A, $140, 70% Co. B, $60, 30% Secondary NPV = $200 Co. A, $290, 41% Co. B, $410, 59% Overall NPV = $700 Co. A, $150, 30% Co. B, $350, 70% Primary NPV = $500 Co. A, $90, 30% Co. B, $210, 70% Primary NPV = $300 Co. A, $210, 70% Co. B, $90, 30% Secondary NPV = $300 Co. A, $300, 50% Co. B, $300, 50% Overall NPV = $600 =

Plan A: Efficient Reservoir Development

Plan B: Premature Secondary Recovery

(82)

+ = + Co. A, $140, 70% Co. B, $60, 30% Secondary NPV = $200 Co. A, $290, 41% Co. B, $410, 59% Overall NPV = $700 Co. A, $150, 30% Co. B, $350, 70% Primary NPV = $500 Co. A, $90, 30% Co. B, $210, 70% Primary NPV = $300 Co. A, $210, 70% Co. B, $90, 30% Secondary NPV = $300 Co. A, $300, 50% Co. B, $300, 50% Overall NPV = $600 =

Plan A: Efficient Reservoir Development

Plan B: Premature Secondary Recovery

Company B favors efficient transition

(83)

Ex. 3: Divergent Fiscal Regimes ??

Question: Can royalty and production-sharing leases be

(84)

Ex. 3: Divergent Fiscal Regimes ??

Question: Can royalty and production-sharing leases be

combined (voluntarily) into one unit?

Answer: It depends; problems arise only if:

There is uncertainty re: specific terms or application of the two regimes. (probably not)

(85)

Ex. 3: Divergent Fiscal Regimes ??

Question: Can royalty and production-sharing leases be

combined (voluntarily) into one unit?

Answer: It depends; problems arise only if:

There is uncertainty re: specific terms or application of the two regimes. (probably not)

There is uncertainty re: the fiscal burden that each regime will impose on affected production streams. (maybe, if variations in future oil prices influence the R-factor)

(86)

Ex. 3: Divergent Fiscal Regimes ??

Question: Can royalty and production-sharing leases be

combined (voluntarily) into one unit?

Answer: It depends; problems arise only if:

There is uncertainty re: specific terms or application of the two regimes. (probably not)

There is uncertainty re: the fiscal burden that each regime will impose on affected production streams. (maybe, if variations in future oil prices influence the R-factor)

That uncertainty fosters disagreement among owners re: future fiscal burdens under the two regimes. (don’t know, but this is conceivable)

(87)

Ex. 3: Divergent Fiscal Regimes ??

Question: Can royalty and production-sharing leases be

combined (voluntarily) into one unit?

Answer: It depends; problems arise only if:

There is uncertainty re: specific terms or application of the two regimes. (probably not)

There is uncertainty re: the fiscal burden that each regime will impose on affected production streams. (maybe, if variations in future oil prices influence the R-factor)

That uncertainty fosters disagreement among owners re: future fiscal burdens under the two regimes. (don’t know, but this is conceivable)

In confronting this question, Brazil is on a new frontier in the development and adaptation of unitization schemes to an imperfect world.

(88)

Thank

You!

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