As Fracking Enters A Bear Market, A Question Emerges: Is The Shale Boom Built On A Sea Of Lies?

One of, if not the biggest contributors to the improving US trade deficit and thus GDP (not to mention labor market in select states) over the past several years, has been the shale revolution taking place on US soil, which has led to unthinkable: the US is now the biggest producer of oil in the world, surpassing Saudi Arabia and Russia. Which is great today, but what about tomorrow?

It is here that problems emerge according to Bloomberg’s snapshot of the shale industry. In “We‘re Sitting on 10 Billion Barrels of Oil! OK, Two“, the authors look at the two-tiers of reporting when it comes to deposits that America’s fracking corporations allegedly sit on, and find something unpleasant:

Lee Tillman, chief executive officer of Marathon Oil Corp., told investors last month that the company was potentially sitting on the equivalent of 4.3 billion barrels in its U.S. shale acreage. That number was 5.5 times higher than the proved reserves Marathon reported to federal regulators.

 

Such discrepancies are rife in the U.S. shale industry. Drillers use bigger forecasts to sell the hydraulic fracturing boom to investors and to persuade lawmakers to lift the 39-year-old ban on crude exports. Sixty-two of 73 U.S. shale drillers reported one estimate in mandatory filings with the Securities and Exchange Commission while citing higher potential figures to the public, according to data compiled by Bloomberg. Pioneer Natural Resources (PXD) Co.’s estimate was 13 times higher. Goodrich Petroleum Corp.’s was 19 times. For Rice Energy Inc., it was almost 27-fold.

Fracking 101: “Predicting how much oil can be pumped out of shale has been controversial since the boom began about a decade ago. Companies combined horizontal drilling with fracking, or hydraulic fracturing. Fracking involves blasting water, sand and chemicals into deep underground layers of shale rock to free hydrocarbons. Innovators such as Oklahoma City-based Chesapeake Energy Corp. (CHK) said that drilling vast expanses of oil-soaked rock formations is more predictable than the traditional, straight-down method of exploration. Regulators agreed and requirements were loosened starting in 2010.”

Furthermore, as tech companies have non-GAAP to hide all the nasty “expense” stuff, energy companies rely on probable and possible.

Energy companies also lobbied the SEC to let them file more speculative estimates, known as probable reserves and possible reserves. Only three companies take that option, according to data compiled by Bloomberg. The rest report only proved reserves to the SEC and save their other estimates for public presentations, which the SEC doesn’t supervise.

Now the discrepancy between the two estimation methodologies is hardly new: every serious investors in the E&P space has known about the two-tier bookkeeping system for years. The problem, however, is well laid out by John Lee, one of University of Houston petroleum engineering professors for hire: “They’re running a great risk of litigation when they don’t end up producing anything like that. If I were an ambulance-chasing lawyer, I’d get into this.”

The reason why no ambulances were chased for the past 6 years, ever since the shale boom truly took off, is that this roughly corresponds to the time when the Fed unleashed its QE on the world, and boosted stock prices to record levels across the board, including those of shale plays. As a result, since fracking investors saw their stocks also rise to record highs, they had no reason for complain, even if the surge in market cap may have had little to do with the actual underlying fundamentals, among which level of reserves, and everything to do with a very different type of liquidity, that emerging from the Fed’s printer.

But now things are rapidly changing, the commodity space is getting, pun intended, fracked, E&P companies across the board are sliding, and as of today, the shale space just entered a bear market.

 

And since investors take to losses with far less enthusiasm and stoic patience than paper profits, artificial as they may have been, they will soon start looking for scapegoats. They will find these were right in front of their eyes. To wit:

 

Additionally, here is what the abovementioned ambulance chasers will be closely looking at in the coming weeks and months unless the shale stock plunge doesn’t reverse quickly.

Marathon’s Tillman, who was speaking at the Barclays Plc CEO Energy-Power Conference in New York on Sept. 3, said there are “risk and uncertainties that could cause actual results to differ materially from those expressed or implied by” his comments. Many company presentations remind investors that publicly announced estimates are more speculative than the numbers the drillers file with the SEC.

 

Figures the company executives cite during presentations “are used in the capital allocation process, and are a standard tool the investment community understands and relies on in assessing a company’s performance and value,” said Lisa Singhania, a Marathon spokeswoman. The Houston-based company’s shares have risen 1.6 percent in the last year.

 

The SEC requires drillers to provide an annual accounting of how much oil and gas their properties will produce, a measurement called proved reserves, and company executives must certify that the reports are accurate.

 

No such rules apply to appraisals that drillers pitch to the public, sometimes called resource potential. In public presentations, unregulated estimates included wells that would lose money, prospects that have never been drilled, acreage that won’t be tapped for decades and projects whose likelihood of success is less than 10 percent, according to data compiled by Bloomberg. The result is a case for U.S. energy self-sufficiency that’s based more on hope than fact.

The SEC is keeping mum, realizing very well that it is suddenly sitting on the next powder keg:

Judy Burns, a spokeswoman for the SEC, declined to comment on what drillers say during investor presentations.

And this is where companies have gotten into hot water:

Many of the companies use their own variation of resource potential, often with little explanation of what the number includes, how long it will take to drill or how much it will cost. The average estimate of resource potential was 6.6 times higher than the proved reserves reported to the SEC, the data compiled by Bloomberg News show.

This is the E&P equivalent of annualized, pro-forma, adjusted EBITDA, a metric that is fully made up on the spot to exclude anything and everything and make the subject look more attractive. In other words, lipstick on a pig.

It is also known as the “Bill Gross effect”: everything was great as long as he was making money. And then things all hell broke loose.

More:

Several companies, including Sanchez Energy Corp. (SN), don’t provide a total estimate. Instead, they publish variables such as the number of well locations and the estimated output from each one. Analysts often use these figures to independently compute the total. Even though Sanchez Energy provides the variables for analysts to calculate its resource potential, the Houston-based company doesn’t publish a total estimate. Executives debated whether to include one and decided against it, said Gleeson Van Riet, senior vice president for capital markets and investor relations.

In practical terms, the discrepancies are quite glaring:

The investor presentation by Canonsburg, Pennsylvania-based Rice Energy shows 2.7 billion barrels. Rice, which went public in January, reported 100 million barrels to the SEC in March, records show.

 

At Pioneer Natural Resources, the number they cite to potential investors has increased by 2 billion barrels a year in each of the last five years — even as the proved reserves it files with the SEC have declined.

 

The rising number is “a game changer for this company,” said Sheffield, the CEO. “It’s a game changer for this country.”

Curiously, just like in the great Herbalife soa opera, the politicians are involved for one simple reason: they can collect lots of money to give their stamp of approval even if they really have no understanding or idea what they are vouching for.

Pioneer’s numbers aren’t misleading; they’re conservative, Sheffield said. He said he’s shared them with Senators Mary Landrieu of Louisiana and Lisa Murkowski of Alaska, the Democratic chair and Republican ranking member, respectively, of the Senate energy committee.

“Obviously it’s helped us in regard to making headway on convincing people to lift the export ban,” Sheffield said. “We want to convince them that we have this great resource. We don’t want it trapped here in the U.S. That’s for the public, the administration and Congress. So if we’ve got this great resource, why don’t you allow us to export it?”

The message is getting through. While Landrieu said she favors more study, Murkowski said she supports ending the ban.

The one message that is not getting through, however, is that no matter if Obama endorses one reserve estimation metric or another, if and when the P&L crash comes, nobody will be able to stop the onslaught of lawsuits that will immediately hone in on the weakest link, which in this case is clearly the ambiguous and two-tiered public data.

Some are already getting a sense of which way the wind is blowing:

In August, Lee led a workshop in Houston on the best practices of reserves estimation. The audience in the ballroom of the Hotel Derek included engineers for shale drillers such as Marathon, Continental and Rice. Pamela Allen, a senior reserves coordinator for Marathon, raised her hand and told Lee that she was worried that using outsized forecasts in public presentations would run afoul of the SEC and “come back to haunt us.”

 

Singhania, the Marathon spokeswoman, said she was unable to comment on Allen’s remarks without seeing a transcript.

 

“If a lot of people get burned — and I think a lot of people can and will be burned — by these numbers in the investor presentations, there may be a push by investors to get the SEC to do something about it,” Lee said during the workshop.

Actually, considering the gross incompetence of the SEC, the corrupt, co-opted regulator (for hire) may do something… in just about a decade. In the meantime, the most vibrant US industry may go from boom to bust in a heartbeat, as soon as its is mired in litigation once shareholders realize that the stock gains of the past half-decade will not continue in perpetuity. One look at the shale index chart above and the alarm bells should be going off.




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Steven Greenhut: ‘Power Drunk’ Agency Slams Small Winery

In a story reported widely in northern
California last month, agents from the Department of
Industrial Relations showed up unannounced at the
tiny Westover Winery, in Castro Valley, and slapped its owners
with more than $115,000 in fines and assessments for using
volunteer workers. Westover is a typical hobby winery. A big winery
no doubt spills more than this East Bay winery produces. Its annual
profits are $11,000. Steven Greenhut talked to three of Westover’s
former volunteers. Volunteers typically are well-heeled retirees
with plenty of health insurance. “I have so much fun out here, I
should actually have to pay Bill,” said Ken Tatum, a retired
superintendent at the San Francisco shipyards. Unfortunately, owner
Bill Smyth tells Greenhut that he is financially well off and is
doing this for fun, so he’s decided to shut down rather than face
the not-so-fun prospect of fighting the state.

View this article.

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Martin Armstrong Warns “A Mad Max Event Is Possible”

Excerpted from Armstrong Economics,

We are at a crossroads. The tree has been cut. Which way will it fall – authoritarian or democracy? We can make a difference.

Step one is understanding what is the problem. At least then we can address a solution with some reasonable game plan.

mad-max
 
We have a great convergence coming. It is nothing to be afraid of and it is nothing we can ignore. Yes a Mad Max event is possible.
 
The average person depends upon government tremendously – even those not on welfare. There are pensions and Social Security that people really believe they are “entitled” to and thus these benefits will exist. What happens when they realize they do not?
 
Socialism has even changed the historic bounds of family. You had 4 to 6 kids for that was your retirement. The kids knew they had the responsibility of taking care of their parents. Today – that’s government’s job. Everything has been changed to depend upon government that never tells the truth and they will defend to the very last drop of your blood.
 
Marriage-Medeval
 
Marriages were ARRANGED! The age difference was typically 25% during the 19th century. To sell movies, Hollywood turned lust into love at first sight. They painted the image of happily-ever-after. I spoke with film makers and they all said people did not want to leave a movie feeling depressed. They glorified marriage and set unrealistic standards. Consequently, the age difference collapsed and the divorce rate rose to 60%+ because of unrealistic expectations.
Pensions began as the marriage contract. The man had to first establish himself and then propose. The Dowry was all about ensuring the wife would be secure – the pension. It was not about “love at first sight” yet according to things like Match.COM, 70% of people dating expect love-at-first-sight. So many people have the wrong expectation of marriage and are thus doomed from the start.
 
Even the Black family was stronger than the white family before welfare. When you paid women not to be married and to have children, you change the family structure. Socialism has significantly altered the behavior of every race all based upon expectations of government.
 
MA-FeedingBird
 
Free food changes behavior be it people or animals. Being compassionate is to be human. To give a man a free fish and you feed him for a day. Teach him how to fish and your feed him for a lifetime. Government adopted the first strategy to create dependency upon the political system.
 
They tell you do not feed the bears in Yellowstone National Park because they then look for free food and no longer hunt. Humans are no different. What happens when government collapses and people are totally unprepared because they never thought government collapses?




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China’s Own “Ebola” Claims Another 1826 Cases

While Ebola is getting all the headlines, China is dealing with “the worst outbreak in decades” of Dengue Fever. As ITAR-TASS reports, the outbreak of the mosquito-borne disease in China has killed six people and infected more than 27,200 according to Chinese health officials. Just today, the epidemic has infected 1,826 more people in the Guangdong Province alone. But it’s not just China, last month Malaysia reported that dengue fever deaths had more than tripled in 2014, while Japan recently saw its first outbreak in 70 years with many contracting the illness at Tokyo’s popular Yoyogi Park.

As ITAR-TASS reports,

An outbreak of mosquito-borne dengue fever in China has killed six people and infected more than 27,200, a Chinese health authority spokeswoman said on Thursday.

 

Song Shuli, spokeswoman of the National Health and Family Planning Commission, said that this year witnessed an apparent increase of dengue cases with most of them found in China’s southern regions, including Guangdong, Fujian, Yunnan and Guangxi.

 

Unusually high temperatures and humid weather have contributed to a mosquito population in South China five times as high as normal, fuelling the outbreak, health officials said.

 

Spread by mosquitoes, the disease thrives in tropical mega cities thanks to rapid urbanization and population movement. Climate change is also a factor, giving rise to longer periods that infected mosquitos can survive.

And The BBC adds,

Chinese authorities have attributed the outbreak to high temperatures and wet weather, and increasing travel to dengue-prevalent places.

 

The number of mosquitoes is also said to have increased five-fold.

 

The outbreak is also thought to have been exacerbated by the week-long holiday celebrating China’s National Day. Daily health reports indicate that there are more than 1,000 new infections a day.

And it’s getting worse (as Xinhua notes)

A total of 1,826 new cases of dengue were confirmed in south China’s Guangdong Province on Wednesday, local authorities said on Thursday.

 

The provincial health and family planning commission reported that the number of dengue infections rose to 26,270, with the capital, Guangzhou, hit worst with 22,378 cases.

 

The disease, which has killed six people, has been detected in 20 prefecture-level cities in the province, where the outbreak this year is believed to be the worst in two decades.

 

The government and public have sprayed insecticide to kill the mosquitoes that spread the virus.

 

“We are screening 500 to 600 people for dengue symptoms each day now.”

*  *  *

The potentially fatal disease causes high fever and severe joint pain. It affects from 50 million to 100 million people in tropical and subtropical regions every year, estimates the World Health Organization.

Apart from China, dengue fever cases have been reported in Malaysia, Japan and Venezuela.

Last month Malaysia reported that dengue fever deaths had more than tripled in 2014, while Japan recently saw its first outbreak in 70 years with many contracting the illness at Tokyo’s popular Yoyogi Park.

There is currently no vaccine available for dengue

*  *  *

CDC HealthMap for last 3 months Dengue Fever reports…




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First Financial, Now Food Engineering: This Is How A Hedge Fund Will Change The Olive Garden Menu

They came, they complained about the breadsticks and water temperature, and they won.

We are talking, of course, about value investing hedge fund Starboard Value, which a month after unveiling its 294-page proposal to boost shareholder value at Darden Restaurants owner of the Olive Garden, Capital Grille and Yard House restaurant chains, not to mention its menu and serving suggestions, scored an epic victory when earlier today Darden’s entire board of directors was ousted.

As Reuters observes, the win is a feather in the cap for Starboard, one of Darden’s largest investors with an 8.8 percent stake. It is uncommon for activist investors to win more than a few spots on company boards. The ouster is also a stinging defeat for Darden, which earlier this year alienated many investors after brushing off their vote requesting a special meeting on a $2.1 billion sale of Red Lobster.

Shares in Darden were up 1.6 percent to $50.06 in early trading.

So, as a reminder, here are the changes that will now be coming to one of middle-America’s favorite, and less expensive, casual eating chains. From Starboard’s presentation:

  • The food will be fresh whenever possible, with simple choices.
  • Menu items will be designed to help facilitate operational excellence and consistency by the restaurant staff.
  • We will embrace authenticity, especially as it pertains to the absence of preservatives, stabilizers, gums, additives, artificial colorings, and flavorings.
  • We will no longer disregard sound nutrition. Nutrition will not be the driving force, but it will now be carefully considered while greatly improving the taste and appeal of every dish.
  • Some parts of the menu can be flavor-forward with fresh ingredients: extra virgin olive oil. lemons, ripe tomatoes, an array of colorful vegetables, lean meats, and fresh fish.
  • Portion sizes may be gradually reduced, as guests will begin to equate Olive Garden’s value proposition more with quality and excellence at fair prices, than with massive quantities of barely edible fried items, excessive cheeses, and heavy cream sauces.
  • Olive Garden’s breadsticks are part of the brand equity, as they come to every table. The breadsticks need to be of the highest quality, with a better taste and a frimer texture, and each table must receive hot breadsticks.
  • The pasta at Olive Garden must be significantly improved. It must be prepared at the proper water temperature, boiled in salted water, precisely timed to not overcook, and tossed with sauces for each dish instead of the current practice of ladling sauce on top of heaps of coagulated pasta.
  • We must rethink the amount of items from the flyer. Most fried foods are not authentically Italian and it slows service.
  • We will explore a few gluten-free options, as many consumers prefer gluten-free dishes (1) Based on extensive research and discussions with culinary experts and suppliers, we believe we can accomplish these goals at Olive Garden’s current price points without hurting margins.

The real question, however, is whether menu engineering is as simple as financial engineering in a time of ZIRP. Millions of Olive Garden diners are about to find out.

For those curious, here is the full Starboard slideshow again:

 




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Kim Jong-un Misses Key Event; Authorities Maintain He’s in Control

Today marks the 69th anniversary of
the founding of North Korea’s ruling party, an event that would
normally mean squat to Americans or most other folks outside The
Hermit Kingdom. However, it’s a date of national significance and
Dear Leader Kim Jong-un did not show up.
It’s the first time he’s missed the celebration.

Furthermore, Kim has not been in the public eye for 37 days.
That’s the longest he’s ever been out of the spotlight, and it’s
generating a lot of questions and speculation about the state of
Kim’s health and the state of North Korea’s politics.

Officially, North Korean media acknowledges that Kim is
experiencing some unspecified “discomfort.” He was last seen
limping and looking overweight in early September. Yesterday, “a
source with access to the secretive North’s leadership”
assured
 Reuters that “Kim Jong-un is in total control” and
that he simply pulled a tendon while conducting military
exercises.

The Associated Press
suggests
that if Kim were suffering from something more
serious, the national media would make no mention of health issues
whatsoever. And, “South Korean officials are playing down the
speculation” that power is slipping out of Kim’s hands.

Likewise, The Washington Times yesterday
quoted a U.S. intelligence official who says,
“The fact that Kim Jong-un is out of sight is not
necessarily an indication that he’s not in control of the country.
Despite the rumors, there are many indications that the country is
functioning as it normally does.”

Still, people have reason to wonder. Earlier in the week he was
nowhere to be seen at an event honoring his father, and last month
he was missing from an important parliamentary meeting.

One
rumor
is that the leader’s sister, Kim Yo Jong, is acting as
chief behind the scenes.

Late last week Vice
quoted
Jang Jin-sung, “formerly a key member of Kim Jong-il’s
propaganda machine” who was at a conference of exiled elites, said
that Kim is no longer in control, and the powerful Organization and
Guidance Department has essentially taken power. Then, over
the weekend, two senior officials made an abrupt and surprisingly
friendly visit to South Korea.  

Gordon Chang of The Daily Beast
suggests
that General Hwang Pyong So, one of those two senior
officials, is worth watching, because whoever makes “significant
announcements” and becomes “prominent in the public eye” will
likely be the real leader.

In related news, in spite of the kind gesture over weekend,
North and South Korea are
exchanging fire
across the border.

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NYPD Civilian Review Chair Wants Cops to Stop Using Foul Language on the Job

Richard EmeryThe
New York Police Department (NYPD) has remained in the news steadily over the last several
months for a string of alleged police brutality cases caught on
tape, including most prominently the death of Eric Garner in police
custody.

The new-ish chairman of the NYPD’s Civilian Complaints Review
Board appears to be trying to take a broken windows sort of
approach to police oversight, like his friend Bill Bratton. The
Staten Island Advance
reports
:

“Our own investigators… they’re exonerating police officers
who use terribly foul and insulting language during the course of
either an arrest or a confrontation because it is supposedly a
stressful situation.

“To me that does not fly, and I have a problem with that,” said
Richard Emery, the civil rights attorney and longtime friend of
NYPD Commissioner William Bratton, who was appointed to chair the
civilian panel in July.

“I understand that it’s real life and that people get emotional,
and that it’s hard to prevent them from getting emotional, but at
the same time I don’t think it’s something that should be
sanctioned as appropriate.”

In
September
(PDF), only 3.9 percent of complaints against the
NYPD were primarily for offensive language, with 16.8 percent for
“discourtesy.” The largest number of complaints, 634, or 45.4
percent, fell under “abuse of authority,” followed by use of force
complaints, which numbered 474 or one in three.

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LED Lights Tempt Us to Use More, Not Less, Energy

Light Bulb IdeaEarlier this week, three researchers – Isamu
Akasaki from Meijo University, Nagoya, Japan, Hiroshi Amano from
Nagoya University, Japan and Shuji Nakamura from the University of
California, Santa Barbara – were awarded the
Nobel Prize in Physics
for their discovery of how to make a
blue LED light. Combining the blue with green and red diodes
enables the production of the first white LED lights. The Nobel
Prize committee observed that highly energy efficient white LED
lights emit 300 lumens per watt, compared to 16 for incandescent
and 70 for fluorescent bulbs. The committee then noted:

As about one fourth of world electricity consumption is used for
lighting purposes, the LEDs contribute to saving the Earth’s
resources. Materials consumption is also diminished as LEDs last up
to 100,000 hours, compared to 1,000 for incandescent bulbs and
10,000 hours for fluorescent lights.

Frances Saunders, president of Britain’s Institute of Physics,

added
, “With 20 percent of the world’s electricity used for
lighting, it’s been calculated that optimal use of LED lighting
could reduce this to 4 percent.

But will LEDs really save resources? Not so fast, cautions an
op-ed, “The
Problem with Energy Efficiency
, by Breakthrough Institute
founders Michael Shellenberger and Ted Nordhaus in the New York
Times
. The two trace the history of lighting over course of
the Industrial Revolution from town “gas” lamps, through whale oil
and kerosene, to electric light bulbs. As the cost of lighting
declined by a factor of 3,000, people demanded more of it. As
Shellenberger and Nordhaus explain:

There is no reason to think that the trend lines for demand for
LED lighting will be any different, especially as incomes rise and
the desire for this cheaper technology takes hold in huge, emerging
economies like China, India and Nigeria, where the sheer volume of
the demand will be likely to trump the efficiency gains….

The growing evidence that low-cost efficiency often leads to
faster energy growth was recently considered by both the
Intergovernmental Panel on Climate Change and the International
Energy Agency. They concluded that energy savings associated with
new, more energy efficient technologies were likely to result in
significant “rebounds,” or increases, in energy consumption. This
means that very significant percentages of energy savings will be
lost to increased energy consumption.

The I.E.A. and I.P.C.C. estimate that the rebound could be over
50 percent globally. Recent estimates and case studies
have suggested that in many energy-intensive sectors of developing
economies, energy-saving technologies may backfire, meaning that
increased energy consumption associated with lower energy costs
because of higher efficiency may in fact result in higher energy
consumption than there would have been without those
technologies.

That’s not a bad thing. Most people in the world, still
struggling to achieve modern living standards, need to consume more
energy, not less. Cheap LED and other more efficient energy
technologies will be overwhelmingly positive for people and
economies all over the world.

The whole op-ed is worth your time. In any case, hearty
congratulations to professors Akasaki, Amano and Nakamura on their
brilliant achievement.

For more background, see my article, “The
Paradox of Energy Efficiency
,” where I explain how more
efficient cars and appliances often lead to more energy
consumption.

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