Report On Kelkars Report And Committee AOGO

Report On Kelkars Report And Committee AOGO Renowned economist Dr. Vijay Kelkar, whos been the secretary (oil and finance) in the past, has repeated verbatim a privately commissioned report that lobbies for big corporates including Reliance, in his latest report on the hydrocarbon sector called Roadmap for reduction in import dependency in Hydrocarbon sector by 2030. The Kelkar report, submitted to the petroleum ministry in January 2014, has lifted verbatim material from an Association of Oil and Gas Operators (AOGO) report. AOGO represents the group of oil and gas explorers which has interest in the Indian hydrocarbon sector, including private as well as government companies. Among its members is Reliance Industries, which is the operator of the controversial KGD6 basin natural gas block. Dna picked up nine such cut and paste instances in the Kelkar report, some of which are quoted below. The AOGO, in its report, vouched for having Production Sharing Contract (PSC) regime for the Indian oil gas sector. The Kelkar Committee, in its report, espouses the recommendation of AOGO. The most important Para in the report that justifies the PSC regime in the hydrocarbon sector has been picked from the AOGO report. In Chapter 2.3, the Kelkar Committee report begins with a question, Are contractors incentivized to Gold Plate in PSC environment? In the following Para, the report justifies the PSC regime by arguing that no company would like to indulge in gold plating as it was not incentive-compatible as every dollar of unwarranted expenditure would need to be recovered from the project revenues and which would adversely impact contractor returns. This is from the AOGO report. The report goes on to say the Indian PSC regime was transparent and in such a transparent process, any investor who assumes gold plating in his bid would not be able to offer competitive terms and will not ab-initio not win. Hence there is no incentive for a profit maximising firm to gold-plate under a PSC framework. Kelkar, however, justified this. We have acknowledged the associations and stakeholders in our report. AOGO and other corporates who have given their presentations are not terrorists that we cannot take up their views in our report, he said. But Kelkar in his acknowledgement doesnt say that hes quoting verbatim from the AOGO report. Instead, it reads: The Committee thanks AOGO and BCG for sharing with the committee the workings of the detailed Monte Carlo simulation of Indian basins and data related to 1,132 fields respectively. The analysis of the data and the findings are however carried out by the committee itself. Now the question is if Kelkar Committee analysed all data, why did it report verbatim from the AOGO report? The CAG had pulled up the petroleum ministry for offering production sharing contract (PSC) to RIL and losing out revenue as the contract allowed incentive for higher capital expenditure. The CAG report said PSCs between the government and operators were designed to encourage increasing capital expenditure by private contractors, which reduces the governments share. Under the PSC regime, the contractor first recovers his expenditure before sharing profit. This gives an incentive to oil and gas explorers to not control expenditure while developing a block. Most developed nations do not follow the PSC regime and instead choose revenue sharing model. The UPA government is accused of bowing down to RIL pressure and approving a 100% increase in the price of natural gas in the country. The Kelkar Committees report is pitched against another report prepared by a committee, headed by economist and PMs economic advisor C Rangarajan. While Kelkar batted for PSC, Rangarajan proposed a revenue sharing regime with the operator company. BIBLIOGRAPHY   Ã‚   BOOKS => ALLEN, F.H., and SEBA R.D., ECONOMICS OF WORLDWIDE PETROLEUM PRODUCTION, Tulsa, Okla.: Oil and Gas Consultants International (OGCI), Inc. (1993). => BARROWS, G.H., WORLDWIDE CONCESSION CONTRACTS AND PETROLEUM LEGISLATION. Tulsa, Okla.: Penn Well Books, (1993). => BARROWS, G.H. WORLD FISCAL SYSTEM FOR OIL, Calgary, Alberta: Van Meurs Ass. Ltd., Calgary, (1994). => BREALEY, R.A. and S.C. MYERS, PRINCIPLES OF CORPORATE FINANCE, New York: McGraw-Hill. Bunter, M.A.G. (2002). => PERSLEY, THE PROMOTION AND LICENSING OF PETROLEUM PROSPECTIVE ACREAGE, The Haque: Kluiwer Law International (2010). => DAVIS, J.M., OSSOWSKI, R., FEDELINO, FISCAL POLICY FORMULATION AND IMPLEMENTATION IN OIL-PRODUCING COUNTRIES, Washington, D.C.: International Monetary Fund. Deloitte, Oil and Gas Survey, (2005). => EIA HANDBOOK GUIDELINES FOR PROPER APPLICATION OF FOUR COMMONLY USED INVESTMENT CRITERIA., EIA Publications (2010). => EHRHARDT, M.C., THE SEARCH FOR VALUE: MEASURING THE COMPANYS COST OF CAPITAL, Boston, Mass.: Harvard Business School Press, (1994). => GALLUN, R.A., C.J. WRIGHT, L.M. Nichols, and J.W. Stevenson, Fundamentals of Oil Gas Accounting. Tulsa, Okla.: PennWell Books (2001). => KAISHR. M.J., A.G. PULSIPHER. FISCAL SYSTEM ANALYSIS: CONCESSIONARY AND CONTRACTUAL SYSTEMS USED IN OFFSHORE PETROLEUM ARRANGEMENTS, Minerals Management Service, U.S. Department of the Interior (2004). => MACHMUD, T. N.. THE INDONESIAN PRODUCTION SHARING CONTRACT: AN INVESTORS PERSPECTIVE. HAGUE, Netherlands: Kluwer Law International (2010). => MANZANO O., MONALDI F.. THE POLITICAL ECONOMY OF OIL CONTRACT RENEGOTIATION IN VENEZUELA, Cambridge, Massachusetts: The Cambridge Press (2013). => SUNLEY, T BAUNSGAARD D SlMARD, REVENUE FROM THE OIL AND GAS SECTOR: ISSUES AND COUNTRY EXPERIENCE- FISCAL POLICY FORMULATION AND IMPLEMENTATION IN OIL-PRODUCING COUNTRIES (International Monetary Fund Publications, Services) (2003). => W. HOGAN, F. STURZENEGGER, THE NATURAL RESOURCES TRAP: PRIVATE INVESTMENT WITHOUT PUBLIC COMMITMENT, Cambridge. Massachusetts: The MIT Press. (2013). WORKING PAPERS => Baunsgaard T., A premier on Mineral Taxation. IMF working paper, WP/01/139. (2001). => Bensen, Proceedings of the Society of Petroleum Engineers Hydrocarbon Economics and Evaluation Symposium, Dallas, TX. SPE Paper 13770 (2004). => Evans, D.J, Social Discount Rates for the European Union, Working Paper no. 2006-20, Milan: Universita Deglistudi di Milano, (2006). => Gresik. Thomas A,The Taxing Task of Taxing Transnationals, Working Paper 284,(2001). => Kretzschmar, G.L., and P. Moles. The Impact of Tax Shocks and Oil Price Volatility on => Risk: A Study of North Sea Oilfield Projects, W.P. 06.01, University of Edinburgh, (2006) => Seba R.D.. The only investment selection criterion you will ever need. Proceedings of the Society of Petroleum Engineers Hydrocarbon Economics and Evaluation Symposium, Dallas, TX. March 2-3, SPE Paper 16310 (1987). => Smith D., True government take (TGT): A measurement of fiscal terms. Proceedings of the Society of Petroleum Engineers Hydrocarbon Economics and Evaluation Symposium. Dallas, TX. March 2-3. SPE Paper 16308 (2007). JOURNALS PERIODICALS => Anderson. O.L., Royalty valuation: Should royalty obligations be determined intrinsically, theoretically, or realistically?, NAT. RES. L. J., 37:611 (1998). => Boudreaux, D.O., D.R. Ward, P. Boudreaux, and S.P. Ward., An inquiry into the capital budgeting process and analytical procedures utilized by firms in the oil and gas extraction industty. PETROLEUM ACCOUNTING AND FINANCIAL MGMT. J. 24-34 (2001). => Garnaut, R.. and A. Clunies Ross, Uncertainty, risk aversion and the taxing of natural resource projects, ECO. J. 85(2): 272-87(2005). Johnston, D., Thinking of going international? PETROLEUM ACCOUNTING AND FINANCIAL MGMT. J. 13(2):84-l03 (1993). Johnston, D., Changing Fiscal Landscape, J. OF WORLD ENERGY L. BUS. 31-53 (2008). Smith, Ernest E. International Petroleum Transaction, 2 Ed. ROCKY MOUNTAIN MINERAL L. FOUNDATION, 448 (2000). Kemp A. Economic considerations in the taxation of petroleum exploitation, 2 Ed., ROCKY MOUNTAIN MINERAL L. FOUNDATION, 223 (2001). Khan, K. Petroleum Resources and Development Economic, Legal and Policy Issues for Developing Countries. C.A.R. (1987). Kumar, R.Taxation for a cyclical industry, Resources Policy No. 2:133^8 (1991). McPherson, CP, and K. Palmer, New Approaches to Profit Sharing in Developing Countries, OIL GAS J., (June 25.1984). N Pongsiri, Partnerships in Oil and Gas Production-Sharing Contracts 17(5), INT. J. PUB. S. MGMT. 431^2 (2004). Rutledge, I., and P. Wright, Profitability and taxation: Analyzing the distribution of rewards between company and country, ENERGY POLICY 26(10):795-812 (2008). Smith, D., Methodologies for comparing fiscal systems. Petroleum Accounting and FINANCIAL MGMT. J. 13(2):76-83 (1993). Ronen Perry, The Deepwater Horizon Oil Spill and the Limits of Civil Liability, 86 WASH.L. REV. J., 3(2011). => Stevens, P., Resource impact: curse or blessing? A literature survey, The J. of ENERGY LIT. 9(1):3^2(2003). INTERNET SOURCES ONLINE PDFs => REPORT OF THE RANGRAJAN COMMITTEE, THE PSC MECHANISM IN PETROLEUM INDUSTRY, MINISTRY OF PETROLEUM AND NATURAL GAS, 2012 http://cac.gov.in..-reports, rep psc0201 .pdf last accessed on 4/03/2014. => ALBERTA DEPARTMENT OF SUSTAINABLE RESOURCE DEVELOPMENT. EXPLORATION DIRECTIVE 2006-17 November 1, (2009) http://www.srd.alberta.ca/formsonlineservices/directives/documents/ED2006-l 7-FlowingHolesan- dEncounteringGas-Sep2009.pdf => ALBERTA ENERGY RESOURCES CONSERVATION BOARD (ALBERTA) REPORT 2011-A: UNCONVENTIONAL GAS REGULATORY FRAMEWORK— JURISDICTIONAL REVIEW, (January 28, 2011) )http://www.ercb.ca/docs/documents/reports/r2011 -A.pdf => AMERICAN PETROLEUM INSTITUTE. WATER MANAGEMENT, (June 2010) http://www. api.org/policy/exploration/hydraulicfracturing/upload/I IF2_el.pdf NEWSPAPER ARTICLES => Aps Review Gas Market Trends, Ecuador Upstream EP Changes, Resource Nationalism Investment Plan. Retrieved April 4, 2014. => Business Monitor International. Shell Gas Contract Objections Point To Troubles For Project Kuwai. 201 I.August 26. Retrieved March 19. 2014, from http://store.businessmonitor.eom/article/510755 => Business News Americas. New contract terms to normalize investment Moodys VP. Retrieved April 4, 2013. => International Energy Agency (IEA), World Energy Outlook 2010. Organization for Economic Co-operation and Development (OECD), Paris, France (2010). => Kent, S., Iraq Nears Deal on Oil Output Targets. Retrieved March 10. 2014, from Dow Jones Institutional News Through Factiva (2013, December 3). WEB PAGES => Mallesons Stephen Jaques., EPC Contracts-Oil and Gas Sector (2004). Available at www.mallesons.com. => Project Management Institute, Project Management Body of Knowledge Glossary of Terms. Pennsylvania: Project Management Institute Inc. (1987). => Mott Mcdonald. Project Management for Oil and Gas (2008) www.mottmac.com => Loots, P. And Henchie, N., Worlds Apart: EPC and EPCM Contracts: Risk issue and allocation. London: Mayer Brown. (2007) www.mayer- brown.com