A PENNY SAVED

Novel application of trusted financial model means cleaner oil and gas for the future

Smart financial tool from oil and gas industry veterans ensures funds are available to seal inactive wells in the future. Image via Shutterstock.

Think back to when your first friend got their driver’s license. Everyone wanted a ride, but when it came time to fill the tank, pay for repairs and maintenance, or – worst case, perform some autobody work to resolve damage incurred in a fender-bender – the driver usually got caught holding the bag.

For the oil and gas industry, the same thing often happens with old wells that have stopped producing at an economic rate. When production is high and prices are favorable, everyone wants a piece of the action. But as soon as a well’s production slows to a crawl or the bottom falls out of the market (again), investing partners scatter like cockroaches into obscurity, leaving the majority owner with the financial and environmental burden to properly seal up the well.

Just over 100 years ago, the Texas Railroad Commission, which serves as the primary governing body for oil and gas wells developed across the state, enacted the first regulation calling for due care when plugging inactive or otherwise deemed useless wells. The policy laid the groundwork for keeping potential contaminants contained to prevent environmental and safety hazards.

Oklahoma followed suit some 15+ years later, subsequently followed by California another dozen years after that. The remaining states have enacted similar laws within just the last 40 years. But that’s not to say that the industry was not properly closing off wellbores after useful life. Nay, it merely highlights the pace at which regulatory actions move across the nation after inception in a single state.

Of particular note, but perhaps not as obvious, is the time lag between Texas’s first policies demanding the costly, albeit necessary, activities to plug and abandon (P&A) a well and the Asset Retirement Obligation (ARO), an accounting treatment introduced in 2001 that ensures companies recognize and retain the financial liability for completing end-of-useful-life requirements.

Unfortunately, ARO is truly just an accounting concept, so if a company becomes insolvent, there is limited chance the investment necessary to properly P&A a well will be available. This does not bode well for the industry, nor the environment, as valuable hydrocarbons are lost from leaking, seeping, and weeping wells across the country.

Let’s not catastrophize the potential environmental damage here, however. Highly conservative estimates made by the EPA in 2022 claim over 2 million potentially orphaned wells produce methane emissions equivalent to approximately 1% of all cars on the road across the United States. No one argues that this is acceptable, but it does put things into perspective, given that approximately 1/3 of global emissions are attributable to light duty and commercial vehicles on the road.

To bolster the industry with confidence the cash investment necessary for P&A activities will be readily available upon asset retirement, one company looked outside of energy for guidance. Embracing a model most typically associated with life insurance, OneNexus Assurance provides contractual certainty to upstream operators that funds will be available to cover the associated end-of-useful-life costs (depending on the benefit amount purchased, of course).

“Our business model provides the oil and gas industry much-needed peace of mind that capital is available when inevitable ARO funding becomes imminent and offers a preferable alternative to trust funds, surety bonds, and sinking funds as a means of prefunding decommissioning liabilities," says Tony Sanchez, founder and CEO of OneNexus, in a recent release.

The OneNexus approach allows the primary operator to collect monthly payments for end-of-useful-life costs long before the well is depleted from other invested partners.

“OneNexus Assurance is a game changer,” continues Sanchez, “It enables responsible parties to pay towards decommissioning funding in today’s dollars at a substantial discount to the ultimate plugging cost, it guarantees that a pre-determined amount decided by the client is secured for the future, and it does away with the need to chase payments later.”

While this solution does not fully resolve the problem of orphaned wells – the aforementioned 2 million (or less) wells no longer producing but not fully sealed off, either – it does at least guarantee that whomever gets caught holding the bag at the end will find some dollars inside.

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A View From HETI

Getty Images.

Texas is known around the world for shaping energy trends, including conservation efforts. As we reflect on Earth Day this month, let’s take a closer look at where Texas is getting things right and where there is still room for improvement.

Texas is the nation’s top producer of energy across oil, gas, wind and solar power. We have built our identity on the idea of leading the world as a powerhouse for energy production, but Texas also has to deliver results to its residents and the United States; otherwise, our global leadership falls flat.

Measuring Texas’ Global Leadership

Texas is the nation’s largest energy producer, leading the U.S. in wind-powered electricity generation and rapidly expanding its solar capacity, according to the U.S. Energy Information Administration. Our state continues to lead nationally in large-scale energy investments, business-friendly policies and abundant natural resources.

Texas is not standing still or simply doing what it has always done. The state recognizes that to stay competitive, we must adapt and change. Diversification in the areas of liquefied natural gas exports and new investments in carbon and hydrogen capture are defining what the next chapter of Texas’ leadership will look like.

Energy leadership requires production, innovation and influence. Together, these will keep Texas as a formidable force in global energy production.

Our Local Texas Reality Is Important, Too

When we zoom in to look more closely at what is happening in Texas, the picture becomes a bit more nuanced. Our energy independence creates both flexibility and vulnerability, especially during major weather events such as winter storms and hurricanes.

Five years later, the effects of Winter Storm Uri remain in many of our minds. Demand for home generators has risen quickly in the state, with Houston leading the way due to grid uncertainty. As our population continues to rise quickly and more data centers are built in the state, grid stability remains a major factor in Texas’ ability to lead in energy innovation to meet the demands of residents.

ERCOT has developed a three-part plan to help mitigate the risk of grid failure during periods of extreme demand or emergencies. While this is an improvement over five years ago, Texas still needs to invest significantly in grid resiliency.

Texas’ Energy Market and Affordability

Often, proponents of our deregulated energy market in Texas hold it up as an example of healthy competition and consumer choice. Lawmakers claim that it gives residents the ability to select an energy plan that best meets their needs.

In practice, however, the market can be difficult to navigate. There are many electricity plans and providers, so residents often feel overwhelmed when navigating the energy market. With fluctuating rates, complex contracts and peak pricing structures, monthly energy bills can be surprising.

Additionally, as utility companies seek to distribute energy infrastructure costs to customers, prices are rising rapidly. According to TEPRI, electricity rates have risen by 30% since 2021, and the organization predicts an additional 29% increase by 2030.

A 60% increase in electricity prices over less than a decade will affect more than 4.1 million LMI (low- to moderate-income) households in Texas. Conservative projections by TEPRI estimate that by 2030, LMI households will pay an additional $863 annually for electricity, representing an electricity-pricing burden of 8.2%.

The energy affordability crisis is just beginning here in Texas, and greater education and proactive legislation are needed to help LMI households navigate the changing market and rising energy costs. LMI households are already choosing between paying for electricity and healthcare for their family members.

If Texas wants to remain a global leader in energy production, innovation, reliability and affordability, the rising cost of energy needs urgent attention.

Grid Resilience Is Mandatory

In addition to energy affordability, Texas frequently experiences extreme weather, making grid resilience foundational to its continued leadership in both local and global markets.

Between 1980 and 2024, Texas experienced 190 weather-related events with financial losses exceeding $ 1 billion. From hurricanes along the Gulf Coast to prolonged heat waves and drought, the state’s energy infrastructure is under increasing strain. These events necessitate that Texas invest in long-term planning and preparedness for its energy infrastructure.

Next Steps for Local Leadership

Texas needs to strengthen every part of its energy infrastructure. Leading locally means strengthening the grid by building out transmission, scaling battery storage, and deploying smarter, more responsive technology. At the same time, we need to make the market easier to navigate and ensure Texans are better educated and protected as they make energy decisions.

Additionally, as Texans become more informed about the energy landscape, it is crucial to equip them with the knowledge to use energy conservation tools such as programmable thermostats, mobile apps to monitor and adjust energy usage, shifting away from peak-hour usage and selecting energy plans without gimmicks or tricky clauses.

These important intersections are where Texas’ global leadership meets local impact in a critical time of change and transition in the Texas energy landscape.

Going Forward

Beyond addressing the critical issues of reliability and affordability at home here in Texas, it is important to recognize that they are also global. While we already export our energy products to the world, we have a unique opportunity to also export solutions in grid innovation, market design and technologies that are applicable to varied environments and markets around the world.

If we get it right, Texas will be known for not only producing energy but also for shaping how energy systems evolve globally. In order for Texas to lead both locally and globally, we need to focus on performance through smarter infrastructure, thoughtful policy and informed consumers.

Because true energy leadership isn’t just about how much we produce, it’s about performance, access and impact from Texas communities to the global stage, which is an imperative that goes far beyond Earth Day.

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Sam Luna is director at BKV Energy, where he oversees brand and go-to-market strategy, customer experience, marketing execution, and more.

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