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9/17/2018
1
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
POP CONTRACT TRAINING
ONRR Royalty ValuationDenver, CO – September 2018
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Disclaimer
The statements or opinions expressed in this presentation
and in any discussions do not necessarily represent the
views of the Office of Natural Resources Revenue or the
Department of the Interior.
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Test your Clickers!
How long have you been doing work related to oil and gas royalties?
A. Less than 2 yearsB. 2 ‐ 5 yearsC. 5 ‐ 10 yearsD. 10 ‐ 20 yearsE. More than 20 years!
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FEDERAL POP CONTRACTS
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Test your Clickers!
What is your level of familiarity with POP contracts?
A. I’m an expert!B. Some experience, but still lots of questionsC. Very little experience, but I know what a POP
contract isD. What is a POP contract?
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Where we’re going…
o Federal gas valuation overview
o What is a POP contract, and why does it matter?
o Marketable condition
o Arm’s‐length POP
reporting exercise
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Important Notice!
This course is only for Federal gas!
Indian gas sold under a POP contract is valued and reported differently.
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Federal Gas Valuation
Federal Gas Valuation Decision Tree
Gas
Processed (30 CFR 1206.153)
Unprocessed (30 CFR 1206.152)
Arm’s‐Length
Non‐Arm’s‐Length
Arm’s‐Length
Non‐Arm’s‐Length
Gross Proceeds
Deductions
Benchmarks
Deductions
Gross Proceeds
Deductions
Benchmarks
Deductions
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Federal Processed vs. Unprocessed
Is the gas ever
processed?
No
Unprocessed Gas Valuation1206.152
YesWhere
does title transfer?
Prior to the plant inlet
After the plant outlet
Does the lessee retain rights to any residue or
gas plant products?
Does the lessee exercise those rights?
Yes
No
Yes
Is the gas sold at arm’s length?
Yes
No
No
Processed Gas Valuation1206.153
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
What is a POP Contract?
For ONRR, a POP contract is a contract:
1. For the sale of gas,
2. Prior to processing, and
3. Value is based on a percentage of the purchaser’s proceeds resulting from processing
Value is determined
Gas producing lease
NGLs to Sale
Residue Gas to Sale
Condensate to Sale
HereGas sold – title transferred here
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
APOP Contract?
Is the value paid to the lessee for any of the residue or the gas plant products
based on the purchaser’s proceeds resulting from the
sale of those products?
No
PC 04, APOP Sales Type Code, Pay on
the higher of gross proceeds (including disallowed costs added back) or the value of 100% of the residue gas.
Yes Yes
Is your gas valued under
1206.152?
PC 04, ARMS or NARM Sales Type Code, Pay on gross proceeds plus any disallowed costs that must be added back.
Use §1206.153
Does the purchaser process the
gas?
No
Yes
No
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Why Does It Matter?
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30 CFR 1206.152(b)(1)(i) The value of gas sold under an arm's‐length contract is the gross proceeds accruing to the lessee … Also, where the lessee's arm's‐length contract for the sale of gas prior to processing provides for the value to be determined based upon a percentage of the purchaser's proceeds resulting from processing the gas, the value of production, for royalty purposes, shall never be less than a value equivalent to 100 percent of the value of the residue gas attributable to the processing of the lessee's gas.
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Clicker Question!
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The processor keeps 20% of your residue gas and NGLs. You sell the remaining 80% at arm’s length to a purchaser at the tailgate of the plant. Is this an arm’s‐length percentage of proceeds contract?
A. Yes
B. No
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Clicker Question!
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You sell your gas at arm’s length, prior to processing, and the purchaser pays you 84% of the value of your residue gas and NGLs. Is this an arm’s‐length percentage of proceeds contract?
A. Yes
B. No
C. Maybe
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Clicker Question!
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You sell your gas at arm’s length, with a delivery point in the field, and the purchaser pays you 88% of the proceeds from his sale of your residue gas and NGLs. The residue MMBtus to which the 88% applies is net of any residue gas returned to the lease for fuel. Is this an arm’s‐length percentage of proceeds contract?
A. Yes
B. No
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
WHAT IS NOT A POP CONTRACT?
Sale after processing
Value of ALL products based on a percentage of index
Residue gas returned to the lease
Any other situations that do not meet the criteria for an arm’s‐length POP contract
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Regulations ‐ APOP Contracts
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30 CFR 1202.150(b)(1) ‐ Royalty is due on all gas removed or sold.*
30 CFR 1206.152(b)(1)(i) The value of an arm's‐length, unprocessed gas sale is the gross proceeds accruing to the lessee. Under a POP contract, the value may never be less than 100 percent of the value of the residue gas.*
30 CFR 1206.152(i) – Marketable condition costs must be added back to gross proceeds.*
*This language is a paraphrase of the regulations and not actually regulatory text.
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
What the Text Means
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VR = GP + MC ≥ VrWhere:VR = Value for royalty purposes GP = Gross proceedsMC = Costs of placing gas into marketable conditionVr = 100% residue gas value
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
APOP vs NPOP
NPOP 18
1. Processed gas regulations2. Value based on
benchmarks3. Sales type code NPOP4. PC 03,07,155. Unbundle6. Allowances
1. Unprocessed gas regulations2. Value based on gross proceeds or
100% residue value3. Sales type code APOP4. PC 045. Unbundle6. Add back disallowed costs
APOP
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Finding Marketable Condition Costs
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1 2
3
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Finding Marketable Condition Costs
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Finding Marketable Condition Costs
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Finding Marketable Condition Costs
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Finding Marketable Condition Costs
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Gathering
Dehydration
Compression
Treating
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
EXERCISE
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
INSERT PLANT STATEMENT
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Exercise: Complete the Form ONRR‐2014
Assumptions for this example:1. This is an arm’s‐length percentage‐of‐proceeds (POP) contract.2. The percentages retained by the processor are for services
provided within the gas plant.3. Transportation UCA, including fuel = 0% (allowed %)4. Processing UCA, including fuel = 40% (allowed %)5. The royalty rate is 12.5%.
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
The process
Determine what you were paid
Add back all disallowed costs:– Disallowed pipeline fuel
– Disallowed plant fuel
– Disallowed NGL retainage
– Disallowed residue retainage
– Disallowed fees
Compare to the 100% of the residue gas value27
Dehydration, Compression, Sweetening Fees
NGL % + RES %
% Plant Fuel
% Pipeline Fuel
What You Were Paid
GROSS P
ROCEED
S
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Exercise Calculations
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What you were paid:
= NGL net value + residue net value
= $4,999 + $5,129
= $10,128
Disallowed pipeline fuel:
= pipeline fuel MMBtu x price x (1 – UCA)
= 162 MMBtu x $3.14/MMBtu x (1 - 0.00)
= $509
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Exercise Calculations
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Disallowed NGL retainage:
= (NGL net value) / (producer %) x (plant retainage %) x (1 – UCA)
= $4,999 / .85 x .15 x (1 - .40)
= $529
Disallowed residue retainage:
= (residue net value) / (producer %) x (plant retainage %) x (1 – UCA)
= $5,129 / .85 x .15 x (1 - .40)
= $543
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Exercise Calculations
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Disallowed plant fuel:
= plant fuel MMBtu x price x (1 – UCA)
= 122 MMBtu x $3.14/MMBtu x (1 - 0.40)
= $230
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Exercise Calculations
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Gross Proceeds:
= payment + disallowed costs
= $10,128
+ $509 (pipeline fuel)
+ $529 (NGL retainage)
+ $543 (residue retainage)
+ $230 (plant fuel)
= $11,939
Minimum Value:
= 100% residue MMBtu x price
= 1,922 x $3.14/MMBtu
= $6,035
Gross Proceeds is higher than the minimum value
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Exercise: Complete the Form ONRR‐2014
04 2,458 3,013 $11,939 $1,492 $0.00 $0.00 $1,492
2014 Royalty Value:
= sales value x royalty rate
= $11,939 x .125
= $1,492
*Use APOP Sales Type Code
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Key Points
The value on which you pay royalty is not usually your payment on the statement.
If you have not unbundled, and there is not a UCA available, you should add back all potentially disallowed costs – including the retained percentage.
Don’t forget to check your gross proceeds against the 100% of the residue gas value.
You cannot use the minimum value provision in lieu of unbundling and determining actual gross proceeds.
You can’t tell if you have a POP Contract by looking at only the statements – you need the contract.
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Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
Course Feedback
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Was the content of this course:
A. Way too easy?
B. A little too easy?
C. Just right?
D. A little too challenging?
E. Way too challenging?
Industry Compliance Accurate Revenues & Data Professionalism & Integrity
POP Exercise Handout: Complete the Form ONRR‐2014
Assumptions for this example:1. This is an arm’s‐length percentage‐of‐proceeds (POP) contract.2. The percentages retained by the processor are for services
provided within the gas plant.3. Transportation UCA, including fuel = 0% (allowed %)4. Processing UCA, including fuel = 40% (allowed %)5. The royalty rate is 12.5%.