The Tragic State of Affairs, Part II
The one thing that People, Ideas & Objects have been able to prove over the past fifteen and one half years throughout our writings on this blog is our general concern for oil and gas. And the fact is the bureaucrats don’t care about the business. So if we talk about the tragedy that is the current state of affairs of the oil and gas industry the audience we are speaking to is everyone else as it's always been. All of our attempts to convince the bureaucrats of their need for action have been in vain and I really don’t expect any of that to have changed. Although bureaucrats have been put in personal financial and legal jeopardy. Enough jeopardy to materially impact their quality of retirement and the value of their personal holdings. Their ability to act remains in doubt and by giving them the benefit of the doubt, that they would act at some reasonable time and in some reasonable way, would be foolhardy on our behalf at any time. To be clear it must be difficult for bureaucrats to understand and appreciate the difficulties they’re in and to finally realize that they’re alone and their situation has become untenable. The speed of business today is blisteringly fast. The speed of the issues of the oil and gas producers officers and directors are facing are far greater than what humans could handle. Their organizations are dinosaurs in terms of what is possible. I am in no way soliciting sympathy for their cause. The traditional strategy they’ve employed would have seen them exit their role in the organization and avoid the fallout. I’m thinking they left this one too late and are unable to do so at this time. They’re trapped for all intents and purposes. If they should happen to leave the producer firms, they’ll lose control of the leverage they have in managing their personal legal and financial risk. .
Enough of the bureaucrats, let's talk about the details. The past couple of months we’ve been able to document the demise of the industry in a number of series here at People, Ideas & Objects. They’ve painted a picture of the industry as it stands today from my point of view and although some may feel it’s a unique point of view. It defines a steep downward trajectory that accelerates unabated each and every year. My assertion that this has been in place for four decades can provide an understanding of the momentum behind its current trajectory. Much like a log rolling down a hill, catchable in its initial stages, becomes progressively more difficult as time passes. The future of the industry is what concerns me and how do we get to the point where the North American continent can consistently and profitably produce oil and gas to achieve and maintain energy independence. Where consumers are provided with the lowest possible cost of energy that keeps their economy as robust and growing to maintain its dominant position in the world. Imputing that producers would be dynamic and innovative in order to attain their profitability. Where the next six generations, or however long, of oil and gas exploration and production are maintained in a profitable and healthy greater economic environment where everyone can benefit and grow. To hand down an industry that is healthy and prosperous to each new generation for them to continue as the situation demands.
We have suggested that the current environment that exists is the greatest difficulty that the oil and gas industry has ever faced. Not one area has been left undamaged by the inactions and purposeful ignorance of the bureaucrats. People throughout the greater oil and gas economy are the ones that have lost the most. They trusted the bureaucrats, and to a large extent many still do, the sting of betrayal is sometimes hard to accept. However, once the betrayal occurs there is no going back to the trusting relationships that existed before. Either the people who were betrayed will leave or the bureaucrats must go. It’s a simple choice.
What is it that the bureaucrats are offering? I don’t know. I can not discern that they understand or appreciate their own organizational difficulties or much beyond their own skin. It is therefore fair and reasonable to project that more of the same will be happening. With the current trajectory there’ll be no volunteers willing to step in front to die for the cause. I suggested the producers were too far gone for the Preliminary Specification to get involved in the producer's business during July 2019 in the publication of our White Paper “Profitable, North American Energy Independence -- Through the Commercialization of Shale.” Maybe more people will now see my point. A fundamental rebuild of the organizations within the industry are what is necessary through the development of the Preliminary Specification to define and support the organizations necessary for a dynamic, innovative, accountable and profitable oil and gas producers and industry. Where we provide the most profitable means of oil and gas production everywhere and always. An appropriately researched solution based on the fundamental culture of the industry, the Joint Operating Committee. The legal, financial, operational decision making, cultural, communication, innovation and strategic framework of the industry. A ten year research effort that defines what the industry and producer firms would need to look like and how they would operate to adopt that organizational construct. The Preliminary Specification is the result of that research which is a 200,000 word, 12 module definition of a workable business model that functions in the way that a 21st century industry and organization needs to.
And what is it that we now know about the bureaucrats that I honestly did not know at this time last year and only learned in the summer of 2020. It was in my June 2, 2020 blog post that I discussed a nuance and dynamic of officers and directors liability insurance that was at best brief. The logs to my blog blew up. It was one of many comments in the post and therefore I didn’t know specifically what it was that attracted all the attention. That is until Reuters told me on June 9, 2020 in their article entitled “Shale Companies Look to Bolster Insurance for Officers and Directors.” My naivety and stupidity hit me all at once. For decades I’ve been detailing the consequences to the industry and producers of the bureaucratic inactions. That's where I was being foolish. Bureaucrats don’t care. We can say with perfect clarity they’re only in it for themselves and the fact that they felt personal financial risk and legal jeopardy was the only cause to immediately upgrade their insurance. It also made me realize I had to change my focus.
What proof did I have that this issue has been evident for four decades? Another good question that I’d never answered directly and one that I relied on my own understanding of the history of the industry. Therefore I set out to prove the overcapitalization leads to the commensurate over reported profits, which leads to investors rushing in to capture those profits, leading to overinvestment which produces overproduction. And as we further defined overproduction as unprofitable production. These are simple basic business principles. Then I stumbled in the most circuitous route imaginable upon a newspaper article in newspapers.com (paywall) that hit all the high notes. A set of July 26, 1986 Calgary Herald page 33 articles that document the desire of OPEC to work within the greater oil and gas market to deal with the consequences of low oil prices. The first article is entitled “OPEC Minister Can See Economic Destruction” and its opening paragraph is.
Qatar’s oil minister has called on both non-OPEC and industrialized countries to cooperate with OPEC to work out a policy aimed at restoring stability in the world oil market or face grave consequences.
But in Kuwait, the United Arab Emirates petroleum minister said OPEC has no alternative but an oil price war until rival producers agree to reduce output.
This coming from 1986, which I assume means the overproduction was well in place for OPEC to have raised it as a concern, as they did in the article, as the justification for the war they had declared on North American producers, and the reason for flooding the market with oil till the price hit $10 U.S. I then noted that this was documentary evidence of these chronic business symptoms, that were discussed above, going back to at least 1986. I then noted the Preliminary Specification as a solution was published in December 2013. A solution that I have been working on in several different iterations of software companies since May 1991. The North American producers response to this, as it has been every day over the past four decades, was to continually increase production in a declining price environment, creating losses that would be offset by new investors being called upon annually to make up the cash shortfall. Shareholders that had been motivated by specious accounting that reported profitability throughout this time.
If I, who am too thick to understand that bureaucrats only work for their own interests, could see the problem in 1991 and eventually develop a solution by 2013. Why couldn’t the bureaucrats just read the Preliminary Specification? But they did. I have a multitude of evidence of the interactions that People, Ideas & Objects has had with producer bureaucrats since the publication of People, Ideas & Objects Preliminary Research Report proposal in August 2003. This was the founding document that proposed the use of the Joint Operating Committee as the key organizational construct of a dynamic, innovative, accountable and profitable oil and gas industry and producer. The basis of the research undertaken to develop and publish the Preliminary Specification in December 2013.
Putting two and two together. If the issue was evident on a global basis in July 1986 why was no action taken by the bureaucrats for the past 35 years? We’ve seen in the shale era a further deterioration of the business into natural gas and last year's obscene oil prices. Yet, nothing but excuses, blaming, and viable scapegoats from the bureaucrats as they “muddle through.” Creative executive compensation however has placed oil and gas companies bureaucrats in the top three in terms of all industries.
Shareholder litigation against the producers, and specifically the officers, has therefore begun. Exxon and Apache are currently the subject of several proposed class action lawsuits seeking certification. The SEC has begun an investigation into Exxon and is sending subpoenas to many of the shale producers. These investigations and lawsuits are either directly or indirectly on point to the issue of overcapitalization through to overproduction. The SEC investigated and prosecuted PennWest for the capitalization of operations and royalties which subsequently destroyed the organization. Clearly the SEC’s message was not heard by all the producers during the PennWest case and I’m not of the belief that this time the investigations and prosecutions will stop at a single firm. They’ll need to make an example of a much larger population of producers in order for the concept to stick. The point I’m making is that the bureaucrats' reliance on “our policies are within the guidelines and regulations” is nothing more than a viable scapegoat used for the past few decades to justify their overcapitalization of these costs. The SEC never issued any guidance stating that what has happened is acceptable. Basic business practices state that this would never be acceptable. Bernie Madoff’s prison sentence of 125 years states that this type of practice is never acceptable. That the culture of the oil and gas industry has developed to where this is acceptable by producers, by their CPA firms who are allegedly there to safeguard shareholders from such ludicrous actions, to such a scope and scale, for this long is going to go down in history as a primary failure of bureaucracy.
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. Anyone can contact me at 713-965-6720 in Houston or 587-735-2302 in Calgary, or email me here.