
This article discusses the possible connection between recent legislation in California and information disclosed in Chevron’s 2023 Securities Exchange Commission (SEC) Form 10-K filed on February 26, 2024. Is it possible that Chevron was hoping to eventually offload its idle wells to a limited liability company to avoid the cost of properly decommissioning its wells?
In a Securities Exchange Commission (SEC) Form 8-K filed January 2, 2024, Chevron Corporation, California’s largest oil and gas company, announced that it would be impairing a portion of its U.S. upstream assets, primarily in California, due to “continuing regulatory challenges in the state that have resulted in lower anticipated future investment levels in its business plans.” The company said it expected to continue operating the impacted assets for many years to come. In a February 2 earnings release, Chevron clarified that the impairment charge would be $2.324 billion before tax.
Now, in light of information contained in Chevron’s 2023 Form 10-K filed February 26, 2024, it seems that “continuing regulatory challenges” could be code for a new state law passed in October 2023 that prevents oil companies from shirking their decommissioning obligations by selling off depleted wells. Effective January 1, AB 1167 requires operators to post a bond for the estimated total costs associated with plugging and abandonment, decommissioning, and site restoration prior to acquiring marginal or idle wells in the state.
Chevron’s Asset Retirement Obligations
Nearly all of Chevron’s wells in California are “marginal or idle.” The passage of AB 1167 means Chevron could no longer hope to offload its upstream decommissioning costs known as asset retirement obligations (AROs) to smaller oil companies as part of the industry playbook, as described in a recent lawsuit filed by ClientEarth against Colorado operator HRM Resources. If Chevron cannot sell its idle and marginal wells without a full cost bond, it cannot legally avoid financial responsibility for their cleanup.
In its 10-K, Chevron disclosed an upward revision of its AROs in the amount of $1.7 billion, meaning their decommissioning costs are much higher than previously estimated. According to the 10-K, Chevron’s increased ARO “primarily reflects increased cost estimates and scope changes to decommission wells, equipment and facilities.” Notably, Chevron did not attribute the revision to assets in California. The increased amount of decommissioning obligations, the “ARO write-up” of $1.7 billion, adds up to 73% of Chevron’s total $2.324 billion asset write-down.
Related Article
Read more about the financial health of oil and gas operators in California as of January 2024 and what it could mean for the state.
Could the ARO write-up somehow explain the asset write-down? Yes, according to Greg Rogers, an expert in accounting for upstream AROs. “Higher expected costs and/or shorter asset lives could require upward revisions to prior ARO estimates. Increases in AROs, if not recoverable from expected future cash flow, could result in an impairment loss,” Rogers said.
A study by FracTracker Alliance estimated Chevron’s decommissioning obligations in California total $2.386 billion.
This has led us to question whether there is a connection between Chevron’s California impairment and AB 1167. Is it possible that Chevron was hoping to eventually offload its idle wells to a limited liability company, similar to previous California operators such as Occidental, Shell, Exxon, ARCO, Berry, Texaco, Union, and Mobil?
Holding Companies Accountable
It would be misleading at best to accuse California of creating an “adversarial business climate” for the energy sector simply by preventing oil companies from passing off to taxpayers their statutory cleanup obligations. Under the circumstances, Chevron owes California a more detailed explanation of its ARO adjustment, including whether and how it corresponds with AB 1167 and its California impairment charge.
Further, California needs to adapt its policies to navigate the ongoing downturn in oil production within the state and capitalize on the chance to boost the economy by effectively enforcing the California Geologic Energy Management Division’s (CalGEM) authority to implement well-plugging mandates. While the state is already taking advantage of currently available federal funding to plug known orphan wells, California has the opportunity to further support the well plugging, reclamation, and remediation industries. This space has the potential for incredible growth considering the immediate future of oilfield production declines worldwide. Such an industry would provide continued employment to California tens of thousands of oilfield workers.
Chevron should be held accountable for its liabilities in California oilfields. However, Chevron is just one egregious example among hundreds of operators in California that, together, have a combined total of over 100,000 unplugged wells in the state. California state leaders have a choice to make: require operators to plug their wells, or burden California’s economy with billions of dollars of clean-up costs.
Contact Us
To learn more about this issue, contact FracTracker Alliance Western Program Director Kyle Ferrar at ferrar@fractracker.org.
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