To: The Board of Directors, Our RFP Response (Summary & Conclusion), Part XIII
To resolve the current difficulties that plague the North American oil and gas industry demands that we organize an approach to how it’ll be resolved. That is the work that People, Ideas & Objects, our user community and their service providers propose to do with input from the oil & gas, service and all the tertiary industries involved in the greater oil and gas economy. The new organizational structure will be the derivative software product of People, Ideas & Objects Preliminary Specification and the services of our user communities service providers in this overall ecosystem. Software is what defines and supports the organization in today’s society. Serendipity and creative destruction have been hamstrung by the fact that software also constrains an organization in proverbial cement based on its current process management definition. To make any organizational or process change has to be orchestrated through the software first in order to have the change take effect. Otherwise the organization will quickly regress back to the software definition of what the process is. This is the consequence of our dependence on Information Technology and is what we’ve called a modern day software bug. One that has cost the industry its prosperity as bureaucrats took this knowledge, never changed the organizations ERP software and therefore secured their methods of personal aggrandizement.
Let's revisit two hypotheses that People, Ideas & Objects have asserted about the state of affairs in North American oil and gas. These are what we call our Managed Industry, and Abandonment Hypothese. Throughout 2020 we documented the material personal risk that officers and directors of the producer firms had incurred as a result of the catastrophic destruction they created. We’ve attributed this destruction to chronic overproduction of oil and gas, or as we describe it, unprofitable production. Which has occurred systemically throughout North America as far back as July 1986 and ever present since. This was the issue that prompted me to get involved in building ERP systems for oil and gas in 1991. All that was needed was to shut-in any unprofitable production. People, Ideas & Objects solution to this issue was finally completed in December 2013 in the form of the Preliminary Specification.
I’ve been writing about components of our Preliminary Specification since late 2005 and at no time did producer bureaucrats make any effort to mitigate the damages they were causing. Upon the realization of their personal risks, officers and directors were noted by Reuters on June 9, 2020 to have increased their officers and directors liability insurance coverage by 75%. In late 2020 investors began litigating many of the producers for related issues. Exxon became the subject of an SEC investigation into the overreporting of assets, particularly in shale. The SEC was also rumoured to be issuing subpoenas to many of the shale producers for similar reasons. Businesses understand that overreported assets beget equal and commensurate overreported profitability, attracting disproportionate volumes of investors who in turn create overinvestment leading to the inevitable overproduction and the continuation of unprofitable production. This was done through a number of accounting shenanigans that we’ve documented throughout the history of these writings. Producer bureaucrats were only concerned with their “take” and not with the business of the oil and gas business. This became evident and obvious in the downswing that began in 2009 with shale gas volumes destroying the natural gas marketplace. Investors bailed on the industry in 2015 and nothing but lies, excuses and the naming of any and all viable scapegoats as the only action that we’ve seen since then. In summary the personal jeopardy that officers and directors have attracted in this process has been significant.
At the same time that the industry experienced a cash and working capital crisis due to the exit in 2015 of their investors. Chronic unprofitable production demands new investors resupply the spending machine. Without investors to fleece, all means of accessing cash was used to maintain the operation. Initially, selling of oil and gas properties was the most lucrative as there was a ready market with some producers continuing with some alleged “liquidity” derived through increasing their bank debt. All of the industry's cash resources were eventually consumed by the producers' excessive overheads and the volume of properties for sale eventually overpowered the markets cash, collapsing the assets prices that were being offered for oil and gas properties. Which is odd, the oddity being that it was that same behavior and characteristic shown earlier during the collapse of the oil and gas commodity prices. Asset prices remained in positive territory but no one had any money to buy them at the fire sale prices. I believe this was part of the justification for the write downs of oil and gas properties in 2020. Creating a catch 22 scenario for bureaucrats where they’d destroyed their entire business model of building balance sheets and were in need of some method in order to rehabilitate their asset values and firms quickly.
The performance of shale never happened and the wholesale abandonment of that concept was completed without a whisper or second thought. Our July 2019 white paper “Profitable, North American Energy Independence -- Through the Commercialization of Shale'' provides the means to turn shale commercial. This was never considered a solution and therefore did not motivate the bureaucrats to action. It was summarily rejected as it required them to work. Besides, their directors never held them accountable for any of their past failures. Leaving the remaining life of an oil and gas producer to pursue the previously renounced and otherwise abandoned areas of conventional oil and gas, offshore, heavy oil or the arctic to pursue as the oil and gas frontier? Like shale’s renouncement, these areas were approached with no understanding or concern about their profitability until it was absolutely proven otherwise. And once unanimously proven across the industry they were abandoned with no remedial efforts to rehabilitate them and bureaucrats were able to pursue their next bright shiny object. Today their chosen new frontier is clean energy. An area proven to have never been profitable, even with government subsidies. An area where there are no plans on how to make them profitable. It has however the one redeemable feature of avoiding accountability for shales unprofitability. Reflecting the inherent lack of understanding and business sense of the entire bunch. After six years of investors withdrawal we’ve seen no change in their behaviors, attitudes or actions! These issues are culturally ingrained and the only method to rectify them are to rebuild the industry brick by brick, and stick by stick in the vision of the Preliminary Specification.
We now add the method that was used to raise the value of property, plant and equipment and the value of the producers' share price. Making it appear like its good times in this “Managed Industry” and our hypothesis. This was done with two mechanisms. Consolidating producers at the higher “market values” of property, plant and equipment. High enough values that they would exceed what was on the books in 2019 and erase any public memory of the collapsed asset marketplace. These transactions would all be financed with shares of the producer firms. There’s never been a bureaucrat that would not dilute their shareholders and this of course went down without a second thought. The other leg of the transaction was to use the last dregs of their cash and more fully plumb the depths of negative working capital to expend what was left or remaining in the stock “buy-back” authority to participate in the “rally” that would happen in the acquiring company's stock. The proof that we would point to for our Managed Industry hypothesis is the following question. Why weren’t the consolidations valued at the current market price of the assets? The last element of the Managed Industry Hypothesis is the Abandonment Hypothesis which is where I think we are today.
The Abandonment Hypothesis is simply a resumption of the past centuries management's activities during similar failures and that there’s nothing in oil and gas left for the bureaucrats, all the cookie jars are empty. It will take substantial work and effort to turn the industry around and they’ll admit that’s not their forte’. What’s obvious is they don’t know how or what to do. In a world such as theirs, focused inwards, they’ve acquired risk through the signing on as officers of the producer firms. A risk that will be with them unless they can dispose of it in some reasonable way. That is their focus of concern and where their obligations and priorities will lead them. With the rally in the producer's stock behind them, they'll need to exit the firm quickly and say they did so when the ship was sailing well and they had nothing to do with any subsequent failures.
They say that gold is a dead asset. Meaning it doesn’t generate a profit, doesn’t generate any economic activity. Theoretically provides a hedge against armageddon. The same could be said of many commodities. Does that apply to the petroleum reserves that were once so coveted by these bureaucrats? The ones they’ve now been able to reestablish at the high valued paper assets on their well built, big, beautiful balance sheets? They’ve proven over the past four decades that none of these “assets” can be produced profitably and are now actively disproving that they generate any incremental economic activity. Without profits in their real form there isn’t much else. Past industry activity has been more or less just like when we were all kids and traded hockey or baseball cards. Some were seen as more valuable than others and that’s where the fun was. And just as we don’t deal in the trading card world anymore, do we want to live in a world where those who own gold today are the dominant power in society? Bureaucrats never saw the larger purpose in their activities, other than to secure the best baseball card or the biggest balance sheet. The paper stuff they deemed valuable.
Since OPEC+ resolved their production allocations there has been a capitulation in the industry. Post covid elation is turning to the reality of the situation and the difficulties the bureaucrats put the business in over the past number of decades. These officers were never held accountable for anything by their boards. Rubber stamping and back slapping were all the rage. Contrived initiatives that were allegedly shareholder driven, such as Encana's overwhelming need to split into an oil producer and a gas producer, or Exxon’s clean energy proxy war for board seats were never questioned with any logic or common sense. Until just a few years ago I was considered crazy for suggesting profits were an issue and needed in the industry. The level of conflict that has been created and exists between bureaucrats and myself is a healthy thing as far as I’m concerned. I’ll never be able to work with them again. But they’re leaving the industry and have nothing to do or say anyways.
Appealing to the directors is the last hope for the oil and gas industry for these organizations as they exist today. Shareholders deserve to be treated fairly and provided with an effort that is commensurate with what had been promised those many years ago. Profits. The service industry, those that are and have worked in oil and gas and the greater oil and gas economy also deserve the same. Real profits of a primary industry everywhere and always is the responsibility of those that are representing the shareholders and received their money to do so. Directors share the same risks that the bureaucrats have acquired in the process of this chronic mismanagement. Their risk is commensurately higher as a result of the risk of bankruptcy terminating the directors immediately. Courts are beginning to look to the directors and officers liability insurance policies as assets of the firm. Leaving the directors on the outside, funding their own defence and fully exposed. Directors may think the shareholders won’t sue if there’s no insurance proceeds available. Lawsuits have never been about the money.
People, Ideas & Objects RFP Response should be seen as an olive branch that will alleviate the directors personal litigation risks. Providing directors with the opportunity to explain to the judge that they took the steps to remediate the damage that occurred. When steps to mitigate the damage have been taken there’s nothing to litigate. Alternatively, explain to the judge why the RFP of People, Ideas & Objects was disregarded. And make sure to generate the arguments that can be used to refute the individual points made in this RFP Response and those in the Preliminary Specification. What our response was to those specific arguments. Or directors could tell the judge how their actions were effective and they didn’t understand our argument. That may be their best approach. If the courts perceive there's a consistency in each of the producers' destruction and throughout the industry they may find that curious. Who is the producer that has competitively drawn down their account of property, plant and equipment in the past decades? And now has a low cost of capital that performs in this environment?
This ends the RFP marketing series highlighting only the larger points of the Preliminary Specification. The rest is contained in the two hundred thousand words of its thirteen modules. If directors have found the dialog here too condescending then they should probably get used to it, or maybe after the past six years of waiting in the investors' reception areas and waiting rooms they already have. I’m putting the deadline of August 31, 2021 for a response to this RFP as the deadline for commitments by the producer firms. This follows with a 10% deposit of the producer's obligations by September 30, 2021 and the balance due by December 31, 2021. Any non-participating producers will trigger a reassessment of the participating producers for the shortfall in our budget. This should precipitate the need for participating producers to ensure their working interest partners in their Joint Operating Committees are participating in this RFP. These are and should be considered tight and final deadlines. After thirty years I’ve lost my patience and want to begin the development of the system. As soon as these organizations are no longer seen as viable, based on their choice to opt out, the better as far as People, Ideas & Objects are concerned, and the rest of the industry can commence rebuilding the industry brick by brick and stick by stick in the form of the Preliminary Specification. Allowing directors the time necessary to tend exclusively to their legal matters.
Postscript. Some may feel that this series should have included the compliance frameworks of the various regulatory authorities involved in oil and gas. I disagree. Bureaucrats have had these handled well in their model. That didn’t aid them in any way to better manage the firm or increase their accountability. Just as it’s believed that you don’t let the tax tail wag the dog, I feel we should not allow any of the compliance frameworks to wag the dog either. In the Preliminary Specification compliance to the various regulatory agencies will be the fall out consequences of the decisions and actions that are taken by the producers.
I’ll be taking a few weeks off from posting but am available and can be contacted at any time. Check our Twitter feed for a weekly summary of the number of calls, emails, discussions and commitments that industry has engaged with me. When I post just the word "nothing" I'm sure you'll understand my point. I’ll be returning on August 16, 2021 with our blog's first post on the second quarter result of our sample producers. And begin anew on September 1, 2021 regarding which direction we go from here.
The only solution as it stands today, from a creative destruction and disintermediation point of view, is People, Ideas & Objects, our user community and their service provider organizations implementation of the Preliminary Specification. The natural forces of disintermediation and creative destruction are being obstructed through the diversion of industry revenues away from the development of initiatives such as the Preliminary Specification. And therefore are unnecessarily directly supporting the status quo behaviors that have been proven to be disastrous.
The Preliminary Specification, our user community and service providers provide for a dynamic, innovative, accountable and profitable oil and gas industry with the most profitable means of oil and gas operations, everywhere and always. Setting the foundation for profitable North American energy independence. People, Ideas & Objects have published a white paper “Profitable, North American Energy Independence -- Through the Commercialization of Shale.” that captures the vision of the Preliminary Specification and our actions. Users are welcome to join me here. Together we can begin to meet the future demands for energy. We’ve joined GETTR and can be reached there. Anyone can contact me at 713-965-6720 in Houston or 587-735-2302 in Calgary, or email me here.