A Voice for the Majority in the American West

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A Voice for the Majority in the American West UP IN FLAMES: Taxpayers Left Out in the Cold as Publicly Owned Natural Gas is Carelessly Wasted May 2014 www.westernvaluesproject.org

Introduction Domestic oil and gas are valuable resources not only to oil and gas companies, but to consumers and the health of our overall economy. Unfortunately, due to a combination of wasteful industry practices and lax federal policies, last year between 111.8 and 133.1 million mcf 1 of natural gas produced energy market. That much wasted gas could meet the needs of enough American homes to equal the population of Los Angeles or Chicago for an entire year. And because the American public owns the gas produced on public lands, oil and gas companies avoided at least $54-$64 million in royalty payments owed to taxpayers that go to fund federal, state and local needs. are most likely low, however, as recent reports suggest that in North Dakota alone, industry is wasting over $100 million in gas per month. 2 All this while families across the country experienced an unusually harsh 2013-14 winter, and paid record propane prices due to shortages that even triggered congressional hearings. 3 With natural gas an increasingly important resource for American industry and in geopolitics, the vast scale of this current waste is particularly glaring. Despite promises from oil and gas companies that they will clean up their act, the problem is getting taxpayers could conservatively lose almost $800 million over the next decade due to natural gas being 4 The Department of the Interior and Bureau of Land Management (BLM) have an important opportunity to curb the wasting of these valuable public resources, and a responsibility to do so effectively and expeditiously. Western Values Project A Voice For Western Values 2

Dollars Each Year Due to Wasteful Drilling and Production Practices on Federal Lands releases require operators to pay royalties to the federal government; in 2013, the ONRR estimated activity on federal lands. This represents an exponential increase in the amount of known natural gas 5,000,000 Gas Flared/Vented (mcf) 4,892,102 4,000,000 3,000,000 2,435,643 2,000,000 1,000,000 29,226 40,378 51,281 113,591 88,526 144,899 163,893 152,384 213,938 0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 reported that federal agencies, including the BLM, are likely underestimating by as much as 30 federal lands. 5 To gain a more accurate picture, in 2008, the Environmental Protection Agency (EPA) 6 According to the ONRR, a total of 2.7 billion mcf of natural gas was produced on onshore federal lands in 2013. Thus, based on the EPA Western Values Project A Voice For Western Values 3

7 we can project that the sale of this gas would have generated between $427.2 million and $508.6 million in sales and between $53.4 million and $63.6 million in federal royalties. And even this estimate may be low, as to 2006 and 2008 when EPA and GAO calculated that 4.2% and 5% estimate. To put this in context, occurring. 8 on public lands, having begun its process to develop new rules regarding Waste Prevention and Use to areas that lack the proper infrastructure to capture and transport natural gas and without a high to $2 per mcf in 2012. 10 for natural gas, measured on an annual average basis, fell 56.8 percent between 2007 and 2012, in 11 As the Energy Information Administration (EIA) has noted, increased natural gas supply tends to dampen prices. In turn, lower prices can erode incentive for drilling, which eventually results in decreased production. 12 As a result, natural gas prices remain low, and, relative to oil, the production of natural gas has become less attractive to industry. The following chart, based on EIA 13 and ONRR data, 14 illustrates the connection between low natural gas prices and decreasing natural gas production on federal lands. The chart shows that although production steadily increased while gas prices were high, it has stagnated and fallen since prices Western Values Project A Voice For Western Values 4

$10.00 Henry Hub Price Per Mcf Gas $8.89 Billions Cubic Feet Of Gas Produced On Onshore Federal Lands $9.06 $7.50 $6.88 $7.13 $5.60 $6.03 $5.00 $4.03 $4.47 $4.09 $3.82 $2.81 $2.50 2.2764388 2.3512887 2.5345526 2.6177436 2.8570840 3.0485876 3.1675255 3.0205266 2.9188299 2.9234356 2.6625773 $0.00 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Venting And Flaring Of Gas Has Dramatically Increased On When companies do attempt to increase their production of natural gas, it is imperative that such possible. To this end, companies that engage in oil and gas production on federal lands are legally subject to the condition that the lessee will, in conducting his explorations and mining operations, use all reasonable precautions to prevent waste of oil or gas developed in the land, or the entrance of water through wells drilled by him to the oil sands or oil-bearing strata, to the destruction or injury 15 16 has increased rapidly in recent years. This has likely cost taxpayers tens of millions of dollars every and in several Western states, as laid out in the tables below. 17 Western Values Project A Voice For Western Values 5

On Onshore Federal Lands: Nationwide Vented (Mcf) using EPA (4.2%) estimate Lost Royalty From 4.2% Vented (Mcf) using GAO (5%) estimate Lost Royalty From 5% 2013 111,828,244 $450,667,826 $26,165,013 133,128,862 $508,552,255 $31,148,825 Total 617,101,580 734,644,738 On Onshore Federal Lands: Colorado Vented (Mcf) using EPA (4.2%) estimate Lost Royalty From 4.2% Vented (Mcf) using GAO (5%) estimate Lost Royalty From 5% 2013 $6,678,223 $7,530,067 Total 63,854,787 $30,354,546 $15,177,273 76,017,606 $36,136,367 $18,068,183 On Onshore Federal Lands: Montana Vented (Mcf) using EPA (4.2%) estimate Lost Royalty From 4.2% Vented (Mcf) using GAO (5%) estimate Lost Royalty From 5% 2013 536,414 $256,138 $125,507 638,588 Total 4,503,852 $17,701,218 $2,212,652 $2,212,652 Western Values Project A Voice For Western Values 6

Vented (Mcf) using EPA (4.2%) estimate Lost Royalty From 4.2% Vented (Mcf) using GAO (5%) estimate Lost Royalty From 5% 2013 $105,583,248 Total On Onshore Federal Lands: Utah Vented (Mcf) using EPA (4.2%) estimate Lost Royalty From 4.2% Vented (Mcf) using GAO (5%) estimate Lost Royalty From 5% 2013 $43,508,001 $5,438,500 $2,664,865 $6,474,404 $3,172,458 Total $223,505,703 $266,078,218 On Onshore Federal Lands: Wyoming Vented (Mcf) using EPA (4.2%) estimate Lost Royalty From 4.2% Vented (Mcf) using GAO (5%) estimate Lost Royalty From 5% 2013 53,253,417 $203,428,054 $25,428,506 $242,176,255 $30,272,031 Total 312,248,474 371,724,374 $1,437,310,472 $88,035,266 Western Values Project A Voice For Western Values 7

Colorado Based on Volume of Gas Flared in 2013 by State Number of Homes* Montana 6,705 New Mexico Utah Wyoming 665,668 *Home needs estimate is based on volumes from GAO 5% estimate, and was calculated using the American Gas Association s estimate that 1 million 18 According to the EIA, although natural gas production in the Bakken has increased rapidly, surrounding the Bakken shale play has not expanded at the same pace, effectively stranding the natural gas Chris Elvidge, a National Oceanic and Atmospheric Administration it - and ask for an extension due to economic hardship associated with connecting the well to a natural gas 20 A strong national policy would help curb this waste and capture a greater amount of lost royalties for taxpayers. Western Values Project A Voice For Western Values 8

taxpayers. According to the American Gas Association, 1 million mcf of natural gas is enough to fully meet the needs of between 10,000 and 11,000 American homes for an entire year. 21 Based on the mcf and could meet the needs of between 1.1 and 1.5 million American homes for an entire year. 22 to calculate the nationwide ratio of householders to total household residents, and used this to calculate that 1.1 million homes represents 23 The natural but now that fuel is lost forever. of dollars of possible revenues to federal and state governments, increasing the burden on American taxpayers. As explained earlier in this report, EPA and GAO analysis suggests that in 2013 alone the price of natural gas is at a near-record low, and so this valuation is also low relative to historic natural gas prices. According to the EIA, the wellhead price for each mcf of natural gas reached its 24 At that price, natural gas lost in 2013 would have sold for as much as federal onshore royalty rate of 12.5%). According to the EIA, natural gas prices are expected to rebound over the next decade, which would result in even greater royalty losses for American taxpayers. 25 This is shown in the chart below, which the past decade (2004 through 2013). 26 Western Values Project A Voice For Western Values

Year Lost Royalty from 4.2% Lost Royalty from 5% Wasted Natural Gas 2014 $3.82 2015 $3.82 2016 $4.24 $74,470,701.16 2017 $4.50 2018 $72,440,320.72 $86,238,477.05 $4.78 2020 $4.48 $78,686,023.86 2021 $4.78 2022 2023 $5.07 $668,782,024.09 $796,169,076.30 Western Values Project A Voice For Western Values 10

The waste of a public resource natural gas on public lands is costing American taxpayers millions currently projected by the EIA prove accurate, American taxpayers would lose close to $800 million in royalties if not more from oil and gas production on federal lands alone. technology vendors and GAO analysis, suggest that around 40 percent of natural gas estimated to be 27 The same report underscored that simple industry inertia, or the business on their own. And many estimates, including by the EPA and GAO, suggest that companies stand emissions. These lost revenues have led investors to begin to question the wasteful practice, 28 and in private landowners with drilling on their property have even turned to lawsuits to end the wasteful practice and recoup their lost revenues. progressive measures to curtail the waste of resources, would not only ensure bad actors aren t given an advantage in the marketplace, but would spur innovation and continued cost-cutting in emission control technology. Industry must step up and move forward with the adoption of these technologies to reduce the waste of natural gas and the cost of that waste to American consumers and taxpayers. from federal lands, can take a strong step forward to ensure that American taxpayers receive the best possible return for publicly-owned oil and natural gas resources. Western Values Project A Voice For Western Values 11

1 Reuters 2 MiBloomberg 3 MCF equals one thousand cubic feet of natural gas. 4 5 6 7 Energy Information Administration, accessed. 8 Reuters. 10. 11 May 2013, Pg. 1. 12 May 2013, Pg. 2. 13. 14 15 (emphasis added). 16 17 Administration, 18 Energy Information Administration,. Energy Information Administration,. 20. 21 American Gas Association, accessed. 22 April 2012, Pg. 2. 23 2012. 24. 25. 26 the GAO report, these estimates are conservative. Western Values Project A Voice For Western Values 12

27, Highlights 28 The New York Times Western Values Project A Voice For Western Values 13