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Brendan DeMelle

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What Chesapeake Energy's Financial Scandals Mean for the Rest of Us

Posted: 05/30/2012 5:05 pm

Given radioactive wastewater, earthquakes, and flammable tap water, one might think that drilling and fracking could not possibly have any more dirty secrets. But here’s the biggest secret of all: it’s expensive.

With natural gas at historic low prices -- the Wall Street Journal ran a column recently suggesting that the price of gas might even sink to negative numbers, so that producers would need to pay buyers to take it off their hands -- it may seem odd to think that fracking is costly. But it’s true. Not just in terms of its environmental footprint, but also in terms of its financial costs.

And everyone should care about how expensive gas is, especially those concerned about energy security and the environment, because the answer will determine the fate of renewables, the way we use land and water, and whether our nation’s energy policies are fundamentally sound.

To understand what’s going on, you need to look at Chesapeake Energy, the second largest producer of natural gas in the U.S., the company described by its founder and CEO Aubrey McClendon as the “biggest frackers in the world.”

For 19 of the past 21 years, the company has operated at what investors call “cash flow negative” -- last year by $8.547 billion dollars -- meaning that Chesapeake has consistently spent a whole lot more than it earned. For decades.

To fund all that fracking, the company has been flipping land, engaging in so many financial transactions that it’s been said to resemble a hedge fund more than a gas driller.

McClendon's company has become the environmental Enron, with Chesapeake's accountants creating some of the most labyrinthine and impenetrable books since Enron, according to some investors.

The company has used all sorts of tactics to cover for its losses and to make fracking look economically plausible even as gas prices have plunged.

Last summer, The New York Times first raised questions about Chesapeake’s accounting practices and its admission that the company’s real strategy is to flip land -- in other words: buy drilling plots cheap, talk up its gas potential, and then sell the land at inflated prices.

This makes figuring out the true costs of the company’s drilling program very difficult. It also means that it’s impossible to weigh the benefits of fracked gas -- it may be less carbon intensive than coal as a source of electricity -- against the costs, which have been obscured.

An impressive Reuters investigation led a slew of journalists to delve deep into Chesapeake’s books, with each additional report bringing to light more of McClendon’s questionable financial practices as Chesapeake’s CEO.

Without telling investors, McClendon borrowed $1.1 billion dollars to fund his personal 2.5 percent stake in the company’s wells, sometimes from the same banks that lent Chesapeake money, Reuters revealed.

He also was running a $200 million personal hedge fund that trades in the same commodities that Chesapeake sells, and never told investors about that either. He borrowed money from a member of Chesapeake’s board of directors -- a person who helps to decide how much McClendon is paid by the company -- and again, that was not disclosed.

In short: McClendon used his position as CEO to further his own financial interests. This has the company’s investors furious, and rightly so.

McClendon was removed from Chesapeake's board of directors -- but remains its CEO and is still running the show. Several shareholders have called for him and the entire board to be fired outright over McClendon's undisclosed personal transactions.

But the problems that should really be raising eyebrows are shown in the numbers that McClendon actually did disclose, according to Reuters. Those numbers reveal that McClendon’s 2.5 percent slice of Chesapeake’s drilling and fracking program have lost hundreds of millions of dollars in just a couple years.

“So right there, it’s just a barometer that tells you, how profitable are Chesapeake’s wells?” Arthur Berman, one of the industry’s strongest skeptics, said on National Public Radio. “They’re not profitable. That’s the takeaway. It’s real simple.”

Others have also raised red flags.

"If they are showing that kind of negative cash flow, the wells don't have value," Phil Weiss, a Wall Street energy analyst at Argus Research who was one of the first to ring alarm bells about Chesapeake’s “aggressive accounting,” told Reuters.

In part, what first sparked Weiss’s concern is one of Chesapeake’s unusual financial practices, called a Volumetric Production Payment. These are essentially contracts that let Chesapeake sell its future gas production today. Chesapeake can record income now, and deliver the gas later.

Weiss -- and plenty of other market analysts -- sees these as off-balance sheet debt, a way for Chesapeake to avoid tallying their actual indebtedness when they describe their finances to investors. The Wall Street Journal reported that Chesapeake has racked up at least $1.4 billion in off-balance sheet obligations from these deals. These sorts of accounting practices are similar to the ones that got Enron in trouble.

They may also mean real trouble for the people Chesapeake owes money to if the company goes bankrupt, because the real assets that Chesapeake has are its wells and its leased acreage. But if the gas from those wells has already been sold to someone else, creditors can’t seize them, according to the Energy Policy Forum, which also points out that the company may be over-producing gas from those wells in order to meet its production targets under these contracts.

So what does all this mean for the rest of us?

First of all, a lot of land, water and clean air -- and a lot of money -- wasted hunting for a dirty fossil fuel that has been oversold.

When wells are over-produced in the short run, the total amount of gas that can be tapped from the area falls in the long run. So the wells look highly productive today, but this comes only at the cost of future production.

Translation: far more drilling than predicted for far less returns.

The Feds are starting to take a look at some of these concerns. After last summer's reports, the Securities and Exchange Commission (SEC) launched an investigation into whether Chesapeake and other companies have been over-stating the productivity of their wells or cooking their books.

The SEC is now also looking into McClendon’s potential financial conflicts of interest.
 
For all the oil and gas industry’s rhetoric about shale gas as the holy grail of energy solutions (backed up by the Obama administration and the Republican presidential candidates), no one really knows how fracked gas wells will perform over the coming decades.

Shale gas has only been in commercial production for about 10 years. Many companies have told investors and others that they expect to still be drawing gas from these wells up to half a century from now, which helps to justify spending a lot of money today on drilling and fracking.

But independent analysts say that many wells cannot possibly produce gas for that long, and companies like Chesapeake have been making overly optimistic assumptions. If the wells fall short, not only are companies in a lot of trouble, but so is anyone who is planning on heating their homes with cheap natural gas or relying on electricity from gas-fired power plants.

Why? Because if the wells underperform, prices are going to rocket upwards and consumers will pay for that.

A lot of problems are beginning to come to light at Chesapeake right now, sending the company's stock price downward. But the issues extend far beyond just one company.

Drillers have been telling Wall Street investors and Washington policymakers that increased demand will raise prices. In part, that means building plants to export liquified natural gas, turning a domestic commodity into one that can be traded on the world market at higher prices. Those plans have drawn a variety of legal challenges and raised environmental concerns that have stalled expansion. Raising demand mostly means building fracked gas-fired power plants instead of turning to wind or solar energy.

The price of natural gas is artificially depressed, distorting the economic picture right at the time that aging coal plants are being retired. But it cannot stay low forever, especially given the true costs of drilling and fracking that are beginning to come to light.

When the music stops and the price of natural gas spikes, will public utilities have invested in renewables -- or will we all be dependent on shale gas that is not only environmentally damaging, but also far more expensive than it seemed?
 
 

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Given radioactive wastewater, earthquakes, and flammable tap water, one might think that drilling and fracking could not possibly have any more dirty secrets. But here’s the biggest secret of al...
Given radioactive wastewater, earthquakes, and flammable tap water, one might think that drilling and fracking could not possibly have any more dirty secrets. But here’s the biggest secret of al...
 
 
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HUFFPOST SUPER USER
Kenneth Alton
02:34 PM on 05/31/2012
Regarding the oil and gas industry itself, while Chesapeake is somewhat large in current book value, in overall scale and reach it's not so big. There are plenty of other players with solid claims or producing wells. (Given current gas prices, a lot of drillers have already shifted to other, primarily oil, fields - proof if any was needed that the industry adapts regardless of the fate of any one corporate entity.) Chesapeake is only a problem for its investors and lenders.

Oddly, if it collapses, Chesepeake may prove a gift to the anti-fracking community: As the courts untangle the ownership of land and, for the sake of discussion, lets call it "future mineral rights" among creditors the amount of developable gas fields will be put on legal hold. The process of sorting out who owns what might in some cases take years to resolve.
12:00 PM on 05/31/2012
spot on Brendan! Try peeling the onion skin back a little farther no telling where that will lead!
09:25 AM on 05/31/2012
Unfortunately, the "information" in this article is based, at least in part, on a little 250 word article by a blogger in the magazine/blog "SFO." The reference to Chesapeake being like Enron was tossed out by a Mr. Donohoe in this little piece and, in fact, he was merely urging investors to short the company based on reports that the CEO of Chesapeake could be in some trouble. Other "information" in Mr. DeMelle's piece is equally silly. The idea that fracking to obtain natural gas is not cost efficient - as a business - is just absurd. Gas is a freely traded commodity and it's price is set competitively. In other words, it costs what it costs. And today, it is cheaper than oil, wind, solar, nuclear, etc. - - by a lot. So, the bottom line is - ignore this guy.
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plans includingdog
what a nice day.
04:31 PM on 05/31/2012
They will export the oil=No American jobs and more pollution.
Genders
Love, Tolerance, Enlightenment
10:44 PM on 06/11/2012
Oh please, there is no open market as you the free marketers all scream. With tax and subsidies benefits, it's not a level playing field.

But nice dream....
09:04 AM on 05/31/2012
Well Obama took pride in this technology. I heard him say it on TV... Ask him...
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HUFFPOST SUPER USER
aligatorhardt
Cut on the bias
07:56 AM on 05/31/2012
Many people are finding their royalties from fracking on their land run out after just a few years and then they are left with water they can't use and property contaminated so they can't sell it. The leases are sold under false promises, like a pyramid scheme, where creditors are held at bay until the leases are shifted to the next pawn. Meanwhile company management pays themselves huge salaries out of the borrowed money, then skips out before bankruptcy.  Industry Insiders Call Shale Gas a Ponzi Scheme, Invoke Enron — NYT Report - Erica Gies - Green, Like Money - Forbes

The Big Fracking Bubble: The Scam Behind the Gas Boom | Common Dreams

Natural Gas Bombshell: Switching From Coal to Gas Increases Warming for Decades, Has Minimal Benefit Even in 2100 | ThinkProgress
HopeWFaith
We the People
03:04 AM on 05/31/2012
It seems the only way to convince a Republican that Fracking is damaging and bad for everyone is to have the complete loss of our water tables, just to prove to them how bad, how horrific this could go. They are one stubborn group of people.
oil patch
if you voted obama, you are to blame
11:56 PM on 05/30/2012
Brendan DeMelle understands very little about energy business or operations. Chesapeake is in the business of making money not oil&gas; so his assertions about hedge funds are somewhat founded. As an energy professional I can tell you there are two kinds of operators, one that makes money developing oil&gas and the other that makes money selling semi-developed assets of "proven recoverable" fields. Chesapeake will never pay anyone to dispose of their gas, they will simply plug to abandon the wells and burn off any already produced gas. His assertions of their wells depleting quickly is simply irresponsible, because it is a true statement but only because ALL gas wells a steady depletion rate after initial production....that is no fault of chesapeake but one of science. His grandiose idea that fracking will end when gas hits sub $1 or chesapeake goes bk is completely ignorant...hydraulic fracturing is an enhanced recovery method used for OIL and gas in the North American market. Oil is riding a very very very nice wave and the oil rich plays are entirely dependent on frac. Over 1/3 of all drilling rigs in north america are in oil markets, not natural gas. Please stop watching msnbc and gasland, instead read a book
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plans includingdog
what a nice day.
04:33 PM on 05/31/2012
Actually They will export it.That means no money no jobs and no difference in gas prices.
Genders
Love, Tolerance, Enlightenment
10:46 PM on 06/11/2012
Nonsense. You defend the oil and gas companies. You are the irresponsible one.
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HUFFPOST SUPER USER
Roosevelt Democrat
10:29 PM on 05/30/2012
Oops got blocked again.

Try try again.

Chesapeake Energy is not the best example of a Fracking Drilling Company. They find it hard to compete, with always showing a profit to their stock holders. This limits their options.

There are over 3000 drilling companies in the U.S. many get Federal subsidies for drilling for shale gas. A Company like Chesapeake Energy does not qualify for these subsidies because of the AMT, gotta love that (Alternative Minimum TAX)!

An Article out of Forbes talks about what a good thing it would be to eliminate those subsidies so the industry could consolidate and merge and make just a few drilling companies. MAKE BIG OIL BIGGER!

Me when Forbes or a Wall Street broker tells me about a good thing I hold my wallet in both hands -tightly!

When I hear words like efficiency from Wall Street, I think of unemployment, lay offs, etc......

Chesapeake Energy is to big to be actually fracking, leave it to the little guys!

http://www.forbes.com/2011/05/02/eliminate-oil-subsidies.html

Interesting article.

Seems whenever Washington changes the rules any rules - Wall Street gets richer!
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HUFFPOST SUPER USER
Roosevelt Democrat
06:20 PM on 05/30/2012
Our tax laws are against a Giant Company Like Chesapeake Energy making money on marginal wells. And by definition Fracking wells are marginal.

There's an interesting article in Forbes that explains the Tax Reality for a company the size of Chesapeake Energy. They don't qualify for most of the drilling subsidies because of the AMT (Alternative Minimum Tax).

Doesn't mean the other 3000+ drilling companies can't make money!
oil patch
if you voted obama, you are to blame
11:45 PM on 05/30/2012
this is semi correct, but chesapeake mainly has negative cash flow for tax purposes...i know this sounds absolutely stupid but it's simply a reflection of the current federal tax code, stupid.
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HUFFPOST SUPER USER
Bubblessharky
Where sanity dares to tread
06:13 PM on 05/30/2012
In other words it is another bubble just waiting to be pricked. The Dot Com bubble, the housing bubble. All ending in tears.
oil patch
if you voted obama, you are to blame
11:57 PM on 05/30/2012
the obama bubble
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plans includingdog
what a nice day.
04:33 PM on 05/31/2012
nope.