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S. HRG. 98-180 ECONOMICS OF NATURAL GAS DEREGULATION HEARINGS BEFORE THE JOINT ECONOMIC COMMITTEE CONGRESS OF THE UNITED STATES NINETY-EIGHTH CONGRESS FIRST SESSION FEBRUARY 7 AND APRIL 15, 1983 Printed for the use of the Joint Economic Committee S. Hbg. 98-180 ECONOMICS OF NATURAL GAS DEREGULATION HEARINGS BEFORE THE JOINT ECONOMIC COMMITTEE CONGRESS OF THE UNITED STATES NINETY-EIGHTH CONGRESS FIRST SESSION FEBRUARY 7 AND APRIL 15, 1983 Printed for the use of the Joint Economic Committee U.S. GOVERNMENT PRINTING OFFICE 21-496 O WASHINGTON : 1983 JOINT ECONOMIC COMMITTEE (Created pursuant to sec. 5(a) of Public Law 304, 79th Congress) SENATE ROGER W. JEPSEN, Iowa, Chairman W ILLIAM V. ROTH, Jb., Delaware JAMES ABDNOR, South Dakota STEVEN D. SYMMS, Idaho MACK MATTINGLY, Georgia ALFONSE M. D’AMATO, New York LLOYD BENTSEN, Texas W ILLIAM PROXMIRE, Wisconsin EDWARD M. KENNEDY, Massachusetts PAUL S. SARBANES, Maryland HOUSE OF REPRESENTATIVES LEE H. HAMILTON, Indiana, Vice Chairman GILLIS W . LONG, Louisiana PARREN J. MITCHELL, Maryland AUGUSTUS F. HAWKINS, California DAVID R. OBEY, Wisconsin JAMES H. SCHEUER, New York CHALMERS P. W YLIE, Ohio MARJORIE S. HOLT, Maryand DAN LUNGREN, California OLYMPIA J. SNOWE, Maine B r u ch R. B a r t l e t t , Executive Director J a m e s K. G a l b r a i t h , Deputy Director (H ) CONTENTS WITNESSES AND STATEMENTS M on d ay , F e b ru a ry 7, 1983 Jepsen, Hon. Roger W., chairman of the Joint Economic Committee: Opening statement-------------------------------------------------------------------------------Means, Robert C., Director, Office of Regulatory Analysis, Federal Energy Regulatory Commission------------------------------------------------------------------Bush, Nicholas J., president, Natural Gas Supply Association (NGSA), Davenport, Iowa_____________________________________ ____________ McGrath, Jerome J., president, Interstate Natural Gas Association of America (INGAA)________________________________________________ Hansen, Christine A., commissioner, Iowa State Commerce Commission, Davenport, Iowa-------------------------------------------------------------------------- Kleckner, Dean, on behalf of the Iowa Farm Bureau Federation, Daven port, Iowa________________________________________________________ Daniel, John, vice president-operation, Iowa-Illinois Gas & Electric Co__ Blanchard, Linda, president, Iowa Citizens for Community Improvement, Des Moines, Iowa-------------------------------------------------------------------------Dunn, Gordon, vice president, Citizens for Community Improvement, Cedar Rapids, Iowa---------------------------------------------------------------------------------Berka, Constance J., spokesperson, United Neighbors, Inc., Davenport, Iow a_____________________________________________________________ Morrow, Opal, member, United Neighbors, Inc., Davenport, Iowa________ F rid a y , A p r il Page 1 3 21 75 101 153 164 165 167 168 170 15, 1983 Jepsen, Hon. Roger W., chairman of the Joint Economic Committee: Open ing statement_____________________________________________________ Johnson. Hon. Man u e l H., Assistant Secretary of the Treasury for E co nomic Policy------------------------- -------------------------------- MacAvoy, Paul W., Frederick William Beinecke Professor of Economics, Yale University----------------------------------------------------------------------------Twilley, Joshua M., member, National Association of Regulatory Utility Commissioners — :-----------------------------------------------------------------------Cooper, Mark, director of research, Consumer Energy Council of America— 207 208 227 243 261 SUBMISSIONS FOR THE RECORD M on d ay , F e b ru a ry 7, 1983 Bush, Nicholas J .: Prepared statement, together with attachments______ Hansen, Christine A .: Prepared statement, together with appendixes, a re port^ exhibits, and an attachment----------------------------------------------------Kleckner, Dean: Prepared statement on behalf of the Iowa Farm Bureau Federation ---------------------------------------------------------------------- ------------McGrath, Jerome J .: Prepared statement---------------------------------------------Means, Robert C .: Prepared statement, together with an appendix----------Process Gas Consumers Group, the: Statement of---------------------------------(h i ) 25 104 157 78 6 176 IV F r id a y , A p r i l 15, 1983 Adelman, M. A., department of economics and energy laboratory, Massachu setts Institute of Technology, Cambridge, Mass.: Paper entitled “Natural Gas Policy: International Aspects” _________________________________ American Farm Bureau Federation, Washington, D.C.: Letter to Senator Jepsen regarding natural gas legislation, dated April 15, 1983_________ American Meat Institute, Washington, D.C.: Letter to Senator Jepsen re garding natural gas legislation, dated April 29, 1983, together with an attachment_______________________________________________________ Cooper, Mark: Prepared statement, together with attachments__________ Johnson, Hon. Manuel H .: Prepared statement—---------------- -------- ---------MacAvoy, Paul W .: Prepared statement_______________________________ Twilley, Joshua M .: Prepared statement---------------------------------------------- Pase 480 486 490 265 213 232 246 ECONOMICS OF NATURAL GAS DEREGULATION MONDAY, F E B R U A R Y 7, 1983 C ongress of t h e U nited S tates , J o in t E conomic C om m ittee , Washington,}D.C. ' The committee met, pursuant to notice, at 9:30 a.m., at the New Federal Court Room, Iowa Federal Bldg., Davenport, Iowa, Hon. Roger W, Jepsen (chairman of the committee) presiding. Present: Senator Jepsen. Also present: John Conrad, legislative assistant, Senator Jepsen’s staff; and Chris Frenze, professional staff member. OPENING STATEMENT OP SENATOR JEPSEN, CHAIRMAN Senator J epsen . I would like to welcome the witnesses here this morning testifying on the state of the natural gas prices and markets. This country and this State are facing a crisis. The rapid escalation of natural gas prices over the last few years has imposed a terrible hardship on the people in their homes and in their businesses. In some cases, people have been faced with the choice of food or fuel. The recent survey that was made by an association in the Linn CountyCedar Eapids area showed that, in fact, of some 20 choices, the reduc tion of food and groceries in order to pay the fuel bills was always one of the top three most often cited concerns of the people involved. The pricing problem is a very grave concern of not only the people of Iowa, but people throughout this country. We’ve been blessed with a mild winter which we have enjoyed prior to this latest snowstorm and the cold of today. But it has not in any way diminished the concern that people have over the mounting and increased prices of natural gas and the proposed and projected increases to come. It’s my conviction that quick action by Congress is necessary to re solve this crisis. In the last session of Congress I introduced legislation to broaden the abuse standard in gas-marketing contracts. I have again introduced similar legislation, and I urge Congress to speedily enact it. I look to the grassroots for support for legislation to cope with the natural gas pricing problem. You know, the worst thing we can do, as some have called for, is to freeze prices at the current record-high levels. That is a simplistic re quest, and when you analyze it, it really doesn’t make much sense. The unconscionable and disastrous level of gas prices today must not be (1) 2 frozen into law. The objective should be to lower gas prices in order to let the consumers keep more of their hard-earned dollars. With the decline in oil prices, natural gas prices must be permitted to drop to a market-clearing level. Something is clearly wrong when gas prices skyrocket as excess supplies increase. In this hearing we will explore the reasons for this tragic and illogical situation. At present, the cost of very high priced foreign gas can legally be passed through to the consumers. Long-term contracts obligate pipe lines to pay for certain amounts of this and other expensive gas whether they take it or not. Obviously, more flexibility in this market is needed to allow adjustments to changing demand and supply conditions. We are here today to hear from those directly affected by this prob lem, the business and the home users. We look forward to hearing their concerns and their ideas on how to solve this problem. We have perhaps for the first time in discussing this issue in the country put together here today representatives from every area that is of concern in this problem of natural gas pricing. We have repre sentatives here today from Government regulatory agencies, on both the Federal and the State level. Robert Means is from the Federal Energy Regulatory Commission in Washington, and Christine Hansen is representing the Iowa Commerce Commission in Iowa. We have rep resentatives from the producers, Nicholas Bush, from the Natural Gas Supply Association. We have representatives of the pipeline and the distributor folks with Jerome McGrath of the Interstate Natural Gas Association of America. We have a representative of Iowa agriculture here from the Farm Bureau Federation, Dean Kleckner—Iowa agri culture being one of the major users of natural gas in the State. We have a representative of the distribution companies, and that’s John Daniel from Iowa-Illinois Gas and Electric. And then we have several representatives of the residential consumers including Linda Blanch ard from Cedar Rapids, representing the Citizens for Community Im provement, and Constance Berka from the United Neighbors here in Davenport. Ms. Morrow is also here from Davenport, and I understand we have an additional witness, Gordon Dunn, with Ms. Blanchard from Cedar Rapids. Now, I would point out that, if one wanted to really pick the specks out of the pepper, one could say, well, you have everybody represented except industrial users, and to a degree, that’s true, we don’t have someone specifically represented from the manufacturing industry, but I can assure you that these people that we do have here will reflect many of the concerns that industry may have with this problem. At this time I would announce that at this hearing we will gather facts and information, and we hope bring the white light of pub licity to focus on this problem. At the risk of using a pun, we have had some instances in the past where we have generated more heat than light on this situation. This hearing today will be a factual gathering, an exchange of ideas, focused so that those of us in Congress can move with dispatch, can move on an informed basis. Frankly, by having a 3 hearing at the grassroots levels here where it’s all happening, I hope that the attention will prompt citizens to report to their individual representatives, and our report will be able to be distributed to those working on this problem in Washington and in the Congress. This will make for legislation that, when it is passed and acted on, will provide a true resolution of this problem, and not just some bandaid approach that may last just a few months, or some sort of a mask to cover up the real problem. I now ask that we divide this hearing into two panels. The first panel will include Robert C. Means of the Federal Energy Regula tory Commission from Washington, D.C.; Nicholas Bush of the Natural Gas Supply Association; and Jerome McGrath of the Inter national Gas Association of America. I f those gentlemen would please come and take their seats. While the electronic media are setting up the tools of their trade, I would point out again that this panel includes representatives of the Federal Energy Regulatory Commission, the gas producers, and the gas pipelines. There has not been any established order of procedure here, and if I may, I would suggest that we hear first from Mr. Means of the Federal Energy Regulatory Commission, better known in the jargon of the bureaucracy and the Government as FERC. So, Mr. Means, you may proceed. STATEMENT OF ROBERT C. MEANS, DIRECTOR, OFFICE OF REGULA TORY ANALYSIS, FEDERAL ENERGY REGULATORY COMMISSION Mr. M ean s . Thank you, Mr. Chairman. I ’m very pleased to be here this morning. I ’ve submitted a prepared statement, and with your permission I would like simply to summarize the basic points in it. Senator J epsen . Let the record show that the prepared statement submitted by Robert Means will be entered into the record as if read. You then may proceed in any way you so desire, and the Chair would appreciate it if, in the interest of time and the desire that everyone does have an opportunity to be heard, that you do indeed summarize and proceed to consolidate your prepared statement. Mr. M eans . Thank you, Mr. Chairman. I f this hearing had been held a year ago, the gist of my testimony would have been that natural gas was underpriced; that although it would cause short-term disloca tion, it would have been preferable to deregulate natural gas, to pro mote conservation and to ease the transition to a deregulated market. The market conditions have changed markedly over the past year, how ever. The points that I make today are quite different. The price of natural gas is now too high. Not too high simply in reference to some standard of fairness, but too high in comparison with the price that would prevail in a rational deregulated market. This is true already on a number of pipeline systems. Unless the rules that govern the pric ing of natural gas are changed, it would be true on most pipeline sys tems within a relatively short time. 4 The problem is not principally the high cost of deregulated gas, the high cost of imported gas, although these aggravate the problem. The problem has come to be the. price that pipelines are paying for their basic supply of regulated gas. The problem arises from two sources. The Natural Gas Policy Act of 1978 established price ceilings that increase as a result of inflation automatically without action from this Commission or any other body. Second, virtually all natural gas is governed by contracts that guarantees the producer that maximum lawful price. Together, the statute and the contracts have begun to carry the price of natural gas above the market-clearing level as re flected in the current surpluses to which you refer. There is in this combination of rules, statutory and contractual, no provision for re sponse to market conditions. It is an automatic escalator that has been running now for several years without reference to market conditions. Unless changed, it will continue to run without reference to market conditions. Gas will become increasingly overpriced, surpluses will continue to grow and, if as many expect, world oil prices decline, the problem will simply become that much the greater. In brief, the general nature of what is required is easy to describe. Natural gas producers cannot continue to receive the maximum lawful prices specified by the Natural Gas Policy Act. The difficulty is in describing the path to that goal. The first point I would like to emphasize is that the Federal Energy Regulatory Commission does not have the statutory power to achieve that goal. The Natural Gas Policy Act of 1978 has restricted our effective legal powers largely due to the regulation of interstate pipelines. There are only two respects in which we have jurisdiction over the price charged to the pipelines by producers. One is in setting incentive prices, which we have done primarily for what is called tight sands gas. The other is in establishing new, just, and reasonable rates for old flowing gas. The Commission staff is already actively considering reducing the incentive price that we have established for tight sands gas, but that gas comprises only about 2 percent of the total supply. Reducing that ceiling price, that incentive price, in my measure is a useful step, but its impact on consumers will be very small. The Natural Gas Policy Act, on the other hand, forbids us to reduce the just and reasonable price for old flowing gas. Our only discretionary authority under the statute is to increase that ceiling. We have no authority whatsoever to reduce it. A reduction in the ceiling price for category of gas, tight sands, that amounts to perhaps 2 percent of the total, then would exhaust our direct statutory authority to deal with wellhead price. We are seeking indirectly to increase wellhead price by placing greater risks of marketability on the interstate pipelines. We believe that that kind of a shift of risk is a necessary step in moving toward rational natural gas markets, but the limits on that administrative strategy have to be recognized. The interstate pipelines simply do not 5 have the assets. They do not have the income to absorb large purchased gas costs without passing them on to consumers. Totally eliminating the profits of the interstate pipelines would buy us only some months of relief from the increase in price of natural gas to consumers. The strategy of shifting risks to the interstate pipelines will have an effect on consumers if and only if they in turn are able to reduce the price that they pay to natural gas producers. To some degree they can do this unilaterally through invoking what are known as market-out clauses, and most of the interstate pipelines have now taken that step, but those clauses cover only a small part of the total supply. To reduce the price on the larger part of their gas supply, they will have to renegotiate their contracts with producers. And one of the most deeply disturbing features of the current situation is, up to this time, there has been no significant successful renegotiation of price terms. Renegotiation of take-or-pay terms there has been, but of price terms there has not. If this continues to be the case, then, of necessity, the responsibility will have to pass to the Congress because it is the only remaining form with the authority to revise the terms of those contracts. Legislation on natural gas may deal with a number of problems, take or pay, our authority over pipelines, perhaps increased competi tion in burner-tip markets, but the central concern has to be, I think, the price that is paid to producers for the natural gas. There must be in one way or another a revision of the contracts that guarantee pro ducers the maximum lawful price established by the Natural Gas Policy Act. Mr. Chairman, thank you. [The prepared statement of Mr. Means, together with an appendix, follows:] 6 P repared S tatem en t C h a i r m a n Jepsen, of R obert C . M eans m y nam e is Ro b e r t C. Means. I a m the D i r e c t o r of the O f f i c e of R e g u l a t o r y A n a l y s i s at the F e d e r a l E n e r g y R e g u l a t o r y Comm i s s i o n . I a m p l e a s e d to a p p e a r before y ou to d a y to d i s c u s s the c u r r e n t n a t u r a l g a s situat i o n . B e c a u s e of its l e g i s l a t i v e m a n d a t e a n d a d m i n i s t r a t i v e r e s p o n s i b i l i t i e s , the F e d e r a l E n e r g y R e g u l a t o r y C o m m i s s i o n is n e c e s s a r i l y c o n c e r n e d a b o u t the recent i n c r eases in the p rice of g as to c o nsumers. T h i s t r e n d is e s p e c i a l l y p r o b l e m a t i c b e c a u s e it has c o n t i n u e d in the face of a n a t i o n a l s u r p l u s in n a t u r a l g as d e l i v e r a b i l i t y . R i s i n g p r i c e s in a time of s u r p l u s s t r o n g l y sugg e s t that there are f u n d a m e n t a l d e f e c t s in the w ay by w h i c h n a t u r a l g a s p r i c e s are est a b l i s h e d . The C o m m i s s i o n has been a t t e m p i n g to i d e n t i f y these d e f e c t s and, w i t h i n the terms of its au t h o r i t y , it has been e x p l o r i n g the m e a n s a v a i l able to it for c o r r e c t i n g them. One reason that I w e l c o m e the o p p o r t u n i t y to d i s c u s s these issues is that this a u t h o r i t y is inad e q u a t e for this purpose. Let me begin by d e s c r i b i n g the r e a sons for the p r e s e n t r o und of price increases, a n d th e i r p o l i c y impl i c a t i o n s . I shall then turn to the C o m m i s s i o n ' s e f f o r t to r e s p o n d to the pr o b l e m , a n d to p o t e n t i a l legi s l a t i v e solutions. 7 The i n c reases in n a t u r a l gas prices over the past four ye a r s are the r e sult of the inte r a c t i o n of two sets of legal rules: one c o n t a i n e d in the N a t u r a l Gas P o l i c y Act of 1978, and the o t h e r c o n t a i n e d in the c o n t r a c t s between na t u r a l gas p r o d u c e r s and pipelines. The N a t u r a l G a s P o l i c y Act [NGPA] d i v i d e s na t u r a l gas into a n u m b e r of d i f f e r e n t categories. One c a t e g o r y of n a t u r a l gas, c o m p r i s i n g a b o u t 5 per cent of the total supply, is n o w d e r e g u l a t e d , and its price is d e t e r m i n e d solely by contract. For the o t h e r catego r i e s , the N G P A e s t a b l i s h e s price ceilings. T h ese cei.lings increase a u t o m a t i c a l l y at least at the rate of inflation, and for some c a t e g o r i e s of gas the N G P A p r o v i d e s for a rate of increase faster than the rate of inflation. In addi t i o n , the rela t i v e i m portance of the d i f f e r e n t ca t e g o r i e s of gas is c h anging w i t h time. In ord e r to focus in c e ntives where they w o u l d be like l y to p roduce the l a r gest supp l y response, the C o n g r e s s e s t a b l i s h e d h i g h e r p r ice ceili n g s for n e w e r c a t e g o r i e s of gas a nd lower ones for gas b eing p r o d u c e d from e x i s t i n g wells. I n evitably, the relative i m p o r t a n c e of the n e w e r c a t e g o r i e s of gas in c r e a s e s wi t h time, whi l e the supply of gas from the o l d e r w e l l s is g r a d u a l l y exhaus t e d . As a result, the m i x t u r e of gas in the total s u p p l y is g r a d u a l l y s h i f t i n g towards the h i g h e r - p r i c e d categories. The N G P A e s t a b l i s h e s o n l y price c e i l i n g s . P i p e l i n e s and p r o d u c e r s are l e gally free to e s t a b l i s h a n y price they choose so long as it does not e x c e e d the ceiling. In p r a c t i c e , h o w ever, v i r t u a l l y all n a t u r a l gas is g o v e r n e d by c o n t r a c t s that 8 gu a r a n t e e the p r o d u c e r the m a x i m u m lawful p r ice a l l o w e d by the NGPA. The p r a c t i c a l e f f e c t of the N G P A therefore is to e s t a b l i s h not just c e i l i n g s but the price that p i p e l i n e s a c t u a l l y pay p r o d u c e r s for their gas. A s a result of the e s c a l a t i o n ter m s built into the N G P A a n d the incr e a s i n g i m p o r t a n c e of the h i g h e r - c o s t c a t e g o r i e s of gas, the av e r a g e cost of gas to p i p e l i n e s has been i n c r e a s i n g m u c h faster than the rate of inflation. O v e r the past s everal years, the rate of increase has a v e r a g e d a r o u n d 20 per cent per year. The forces b e h i n d this increase have v i r t u a l l y n o t h i n g to d o w i t h m a r k e t cond i t i o n s ; the price of the small a m o u n t of d e r e g u l a t e d gas has te n d e d to re s p o n d to c h a nges in s u pply a n d demand, but the price of m o s t gas i n creases at a rate that is d e t e r m i n e d a l m o s t s o l e l y by the rate of inflation a n d the c h a n g i n g i m portance of the indi v i d u a l c a t e g o r i e s of gas, The p rice increase thus c o n t i n u e s at a p p r o x i m a t e l y the same rate in time of surp l u s as in time of shortage. When the Iranian c ris i s resu l t e d in a large increase in the price of oil, a nd thus a l s o in the p rice of the a l t e r n a t i v e fu e l s w i t h w h i c h n a t u r a l g a s competes, the rise in n a t u r a l g as p r i c e s did not accelerate appreciably. N o w today, when there is a large s u r p l u s of n a t u r a l gas, the rise in n a t u r a l g a s p r i c e s has not slowed. A s a result, the pr i c e of n a t u r a l g as is n o w a b o v e the m a r k e t c l e a r i n g level on a n u m b e r of p i p e l i n e systems. T he imba l a n c e b e t w e e n s u p p l y a nd d e m a n d is li k e l y to g r o w wor s e o v e r the n e x t 9 year. E c o n o m i c r e c o v e r y sh o u l d increase d e mand for na t u r a l gas, but its e f f e c t is l i kely to be mo r e than of f s e t by that of still h i g h e r gas pr i c e s and a decl i n e in w o r l d oil prices. N a t u r a l gas p r i c e s are n o w too high, not just in c o m p a r i s o n wit h some s t a n d a r d of f a i r n e s s but in comp a r i s o n wit h the p rice that w o u l d p r e v a i l in a ra t i o n a l u n r e g u l a t e d market. O u r goal sh o u l d be n a t u r a l gas p r i c e s that can fall as we l l as rise; pr i c e s that can resp o n d f l e x i b i l y both to p e r i o d s of s urplus and to pe r i o d s of shortage. gas p u r c h a s e s will not do. sive to m a r k e t forces. For this goal, the c o n t r a c t s go v e r n i n g Th e y si m p l y are not a d e q u a t e l y r e s p o n T h e y can lead to e x c e s s i v e l y h i g h pr i c e s even in strong n a t u r a l gas markets, and they are i n c apable of re ducing p r i c e s in we a k ones. They m u s t be reformed. The C o m m i s s i o n lacks the po w e r to require this reformation. B efo r e e n a c t m e n t of the N G P A , the C o m m i s s i o n had br o a d a u t h o r i t y over w e l l h e a d prices, but u n d e r the N G P A we have bec o m e ag a i n p r i n c i p a l l y a r e g u l a t o r of pipelines. The cost of the p i p e l i n e s t h e m s e l v e s have been i n c r e a s i n g rapidly, and C o m m i s s i o n staff is a c t i v e l y s t u d y i n g the re a s o n s for this increase. B u t the p r i n c i p a l reason for the increase in c o n s u m e r gas pri c e s is the i ncrease in the price paid by p i p e l i n e s to producers. The NG P A has left us d i s c r e t i o n a r y a u t h o r i t y to change this w e l l h e a d p rice in o n l y two areas. We have the p o w e r to set incentive pric e s u n d e r S e c t i o n s 1 0 7(c)(5); and we have the p o w e r to set 10 new just a nd r e a s o n a b l e p r i c e s u n d e r S e c t i o n s 104, 106, and 109. C o m m i s s i o n s taff is n o w stud y i n g a p r o p o s a l to reduce the i n c e ntive pr i c e s that we have e s t a b l i s h e d un d e r Se c t i o n 107, but the v o l u m e of gas g o v e r n e d by those i ncentive pr i c e s a m o u n t s to on l y a b o u t 2 per cent of the total supply. We cannot take any c o m p a r a b l e action w i t h r e s p e c t to the m u c h larger volu m e of gas g o v e r n e d by S e c t i o n s 104, 106, or 109, because those s e c t i o n s e x p l i c i t l y limit us to r a i s i n g the e s t a b l i s h e d m a x i m u m lawf u l price. A r e d u ction in the incentive price e s t a b l i s h e d und e r Se c t i o n 107 thus w o u l d e x h a u s t our d i r e c t a u t h o r i t y to lower w e l l h e a d prices, a n d such a r eduction w o u l d have onl y a very small e f f e c t on c o n s u m e r gas prices. If we are to have a b r o a d e r e f f e c t on w e l l h e a d prices, m u s t be indirectly, t h r o u g h o u r regu l a t i o n of pipelines. it The C o m m i s s i o n has been s e e k i n g to place more of the risk of m a r k e t i n g gas on the p i p elines, r a ther than on the d i s t r i b u t i o n c o m p a n i e s that sell to the e nd user. In an a p p e n d i x to this t e s t i m o n y I have b r i e f l y d e s c r i b e d a n u m b e r of C o m m i s s i o n a c t i o n s of this kind. It shou l d be e m p h a s i z e d , however, that there are p r a c tical limits on the e x t e n t to wh i c h p i p e l i n e s can be r e q u i r e d to a b s o r b gas costs w i t h o u t being able to pass them on to their customers. C o m m i s s i o n a c t i o n s pl a c i n g more risk on the p i p e l i n e s can on l y have a s i g n i f i c a n t impact on consumers' ga s p r i c e s if the p i p e l i n e s can re s p o n d to these a c t i o n s by re d u c i n g the pri c e that they pay to produc e r s . P i p e l i n e s can in some cases 11 do this by invoking m a r k e t - o u t clauses, that is, c o n t r a c t clau s e s that a l l o w t h e m u n i l a t e r a l l y to reduce the price of the gas if they are u n able to resell it at the p r e v a i l i n g price. Bu t such c l a uses are not included in m o s t gas p u rchase contracts, and where they are not, the p i p e l i n e ' s on l y a l t e r n a t i v e is to re n e g o t i a t e its co n t r a c t s wi t h producers. R e n e g o t i a t i o n requi r e s the c o o p e r a t i o n of both p a r t i e s to the contract, however. I a m d e e p l y c o n c e r n e d that p i p e l i n e s a p p e a r so far to have been unable to obtain price c o n c e s s i o n s from na t u r a l gas producers. There has been some s u c c e s s f u l r e n e g o t i a t i o n of t a k e - o r - p a y o b ligations, but as yet there a p p e a r s to have been no s i g n i f i c a n t r e n e g o t i a t i o n of prices. I hope that r e n e g o t i a t i o n succeeds. If it does not, the re s p o n s i b i l i t y n e c e s s a r i l y p a sses to the Congress. In g e n eral terms, I be l i e v e that v i e w that na t u r a l g as l e g i s l a t i o n s h ould both remove the s t a t u t o r y price c e ilings that ke e p the price of some gas b e l o w the m a r k e t - c l e a r i n g level a nd m o d i f y the o p e r a t i o n of the n a t u r a l gas c o n t r a c t s to make them more r e s p o n s i v e to c hanges in sup p l y and demand. The first change is r e l a t i v e l y s t r a i g h t f o r w a r d , a l t h o u g h there c l e arly is roo m for legitimate de bate c o n c e r n i n g the time o v e r w h i c h the price c e i l i n g s should be elimin a t e d . The s e cond change is m u c h mor e complex. There is no e n t i r e l y s a t i s f a c t o r y w a y of a c h i e v i n g flexible pr i c e s th r ough legislation. L e g i s l a t i o n i mposes a single s o l u t i o n on t h o u s a n d s of d i f f e r e n t c o n t r a c t s a nd e c o n o m i c r e l a t i o n s h i p s , 12 and i n e v i t a b l y the l e g i s l a t i v e s o lution will be u n f a i r or i n a p p r o p r i a t e in some cases. If p i p e l i n e s an d p r o d u c e r s are u n a b l e to r e n e g o t i a t e their c o ntracts, however, l e g islation is p r e f e r a b l e to a c o n t i n u e d s e n s e l e s s rise in n a t u r a l gas prices in the face of large surpluses. T here a p p e a r to be two g e n e r a l ways to a c h i e v e more m a r k e t r e s p o n s i v e p r i c e s th r o u g h legislation. One is to give p i p e l i n e s a broad m a r k e t - o u t clause in a ll of their gas purch a s e contracts. S u c h a clause w o u l d en a b l e p i p e l i n e s u n i l a t e r a l l y to b r ing the price of t heir gas down to the m a r k e t - c l e a r i n g level, and indeed pe r h a p s the g r e a t e s t p o t e n t i a l s h o r t c o m i n g of such c l a u s e s is that they may o f f e r little p r o t e c t i o n to prod u c e r s , e s p e c i a l l y in a time of surp l u s supply. lines' T o p r o t e c t producers, the p i p e right to lower the p r ice t herefore sh o u l d be b a l a n c e d by an o b l i g a t i o n to t r a n s p o r t the gas to a n o t h e r p u r c h a s e r if the p r o d u c e r is u n w i l l i n g to a c c e p t the lower price. The s e cond a l t e r n a t i v e is to s u b o r d i n a t e i n d e f i n i t e price e s c a l a t o r cl a u s e s to a cap d e s i g n e d to a p p r o x i m a t e the m a r k e t cl e a r i n g price for gas. The e v i d e n t p r o b l e m w i t h this a l t e r na t i v e is to devise a formula that does r e s p o n d to n a t u r a l gas m a r k e t s c onditions. Some have p r o p o s e d l i n king the cap to oil prices, for e x a m p l e se t t i n g it at some p e r c e n t a g e of the price p a i d for oil by U n i t e d S t a t e s refiners; but the c o m p e t i t i v e r e l a t i o n s h i p b e t ween oil a n d ga s pr i c e s m a y n o w be too u n c e r t a i n a n d too v o l a t i l e for it to p r o v i d e an a d e q u a t e b a s i s for legis- 13 lation. An a l t e r n a t i v e w o r t h e x p l o r i n g w o u l d be to link the cap to the price c u r r e n t l y being n e g o t i a t e d by p i p e l i n e s for n e w u n c o m m i t t e d s u p p l i e s of gas. There are oth e r m a t t e r s that should or m i g h t be d e a l t with in n a t u r a l gas legislation. The NGPA ' s i n c r emental pr i c i n g p r o v i sions a p p e a r to have o u t l i v e d their usefulness; the same is true of the Fuel Use Act ' s r e s t r i c t i o n s on the use of gas. L e g i s l a t i o n m i g h t a l s o give the Commis s i o n broa d e r p o w e r s to e n c o u r a g e p i p e l i n e s to m i n i m i z e the long-run cost of gas to consumers. Some have s u g g e s t e d that l egislation m i g h t a l s o a t t e m p t to create g r e a t e r f l e x i b i l i t y a nd co m p e t i t i o n in b u rnertip markets, These o t h e r issues are important. However, they sh o u l d not be a l l o w e d to ob s c u r e the ce n t r a l issue of price. The m e c h a n i s m that d e t e r m i n e s the price that p i p e l i n e s pay for gas m u s t be changed, and the change m u s t come e i t h e r from the c o o p e r a t i v e ac t i o n of p i p e l i n e s and p r o d u c e r s or from the Congress. And if p i p e l i n e s a n d p r o d u c e r s are u n able to rene g o t i a t e their contracts, the p r i n c i p a l r e s p o n s i b i l i t y mu s t rest on the Congress. 2 1 - 1+96 0 83 - 2 14 APPENDIX C o m m i s s i o n A c t i o n s A f f e c t i n g the Risk of M a r k e t a b i l i t y The Co m m i s s i o n is s e e k i n g to p r o v i d e in c e n t i v e s for the r e f o r m a t i o n of n a t u r a l gas pu r c h a s e contracts. m u s t be pl a c e d on the pipelines. The in c e n t i v e s D i s t r i b u t o r s are not in a p o s i t i o n to p a r t i c i p a t e d i r e c t l y in the r e f o r m a t i o n process; p r o d u c e r s fall la r g e l y outs i d e the C o m m i s s i o n ' s jurisdiction, The C o m m i s s i o n ' s role thus m u s t be ca r r i e d out t h r ough its re g u l a t i o n of inters t a t e pipelines. The limits a n d im p l i c a t i o n of this role are still being explored. S o m e t h i n g of its p o s s i b i l i t i e s m a y be s u g g e s t e d by a bri e f e x a m i n a t i o n of some recent a c t i o n s by the C o m m i s s i o n a nd issues n o w being p r e s e n t e d to it. A. Rate De s i g n to D i s c o u r a g e Load Loss One e x a mple of the C o m m i s s i o n ' s a t t e m p t to give p i p e l i n e s e x p l i c i t ince n t i v e s to insure the m a r k e t a b i l i t y of the i r gas is its d e c i s i o n in T e n n e s s e e Gas P i p e l i n e C o . , 21 FERC 1161,004 (Oct. 1, 1982) a nd seve r a l c a s e s w h i c h f o l l o w e d that d e c i s i o n ' s approach. In T e n n e s s e e , the C o m m i s s i o n g r a n t e d the p i p e l i n e ' s r e q u e s t e d p u r c h a s e d gas adju s t m e n t , but n o t e d that p i p e l i n e s p e r h a p s s h ould be r e s p o n s i b l e for load loss due to fuel s w i t c h i n g induced by hi g h gas costs. The C o m m i s s i o n st a t e d that it could, in a s ection 4 or 5 rate p r o c e e d i n g , c o n s i d e r rate d e s i g n p r o 15 p o sals w h i c h w o u l d prov i d e i n c entives to the pi p e l i n e to m i n i mize gas costs. For exam p l e , the Commis s i o n said that rate design m i g h t make full r e c o v e r y of the p i p e l i n e ' s fixed costs c o n t i n g e n t on its a v o i d i n g or limiting load loss. B. Di s c o u n t Rates The same concern wit h incent i v e s for r e t a ining load thro u g h m i n i m i z i n g gas c o sts is r e f l e c t e d in the C o m m i s s i o n ' s recent orders a l l o w i n g three p i p e l i n e s to charge s p ecial d i s c o u n t rates to certain indust r i a l cust o m e r s CP83-14, C P 8 2 - 4 8 5), (Docket Nos. CP82-542, The d i s c o u n t s were intended to pr e v e n t the loss of load to c o m p e t i n g fuels. The p i p e l i n e s p r o p o s i n g th e m a r g u e d that all c u s t o m e r s w o u l d b enefit from the special rates since c u s t o m e r s q u a l i f y i n g for the d i s c o u n t s w o u l d o t h e r wise leave the s y s t e m and wo u l d n o longer make an y c o n t r i b u t i o n to fixed costs. The d i s c o u n t rates raised two p o l i c y concerns. The first was that the rates in fact b e n e f i t n o n d i s c o u n t c u s t o m e r s in the short term. The C o m m i s s i o n therefore re q u i r e d that the rates e x c e e d the costs that the pipe l i n e w o u l d a v o i d if it did not mak e the d i s c o u n t sales. If that st a n d a r d was not met, the n o n d i s c o u n t c u s t o m e r s w o u l d be b e tter off if the pi p e l i n e lost the load than if it re t a i n e d it thro u g h the d i s c o u n t rate, and the C o m m i s s i o n t herefore w o u l d not appr o v e the s p e cial rate, 8/ 8/ A pipel i n e is c o n s i d e r e d to have two a l t e r n a t i v e s : it can m a k e the d i s c o u n t sale and r e c eive the d i s c o u n t price; or it can not m a k e the sale a nd a v o i d c ertain costs. The d i s c o u n t rate b e n e f i t s n o n d i s c o u n t c u s t o m e r s in the short t e r m onl y if it e x c e e d s those a v o i d e d costs. 16 The s e cond c o n cern was that the special d i s c o u n t rates m i g h t serve as an a l t e r n a t i v e to r e n e g o t i a t i n g g as p u r c h a s e c o n tr a c t s to reduce gas c osts for all customers. A pipeline's a v o i d e d gas c osts could prove to be quite low. 9/ For exam p l e , p r o b l e m s such as drain a g e m i g h t force a pipe l i n e to take gas and store it if it could n ot make the d i s c o u n t sale; the cost a v o i d e d by n ot m a k i n g the sale then could be ev e n lower than its av e r a g e cost of gas. A d i s c o u n t rate in e x c e s s of this low a v o i d e d cost still m i g h t bene f i t n o n d i s c o u n t c u s t o m e r s in the short term, but if it tended to insulate the pi p e l i n e f r o m m a r k e t p r e s s u r e to r e n e g o t i a t e its contracts, not be n e f i t them in the longer term. it wou l d The C o m m i s s i o n ther e f o r e i mposed a second c o n d i t i o n on the p r o p o s e d d i s c o u n t rates: the d i s c o u n t rate m u s t a l s o e x c e e d the p i p e l i n e ' s w e i g h t e d a v e r a g e cost of gas. C. M i n i m u m Bill Cases The p r o b l e m of a l l o c a t i n g the risk of gas m a r k e t a b i l i t y al s o has been raised in a n o t h e r context. In s e v eral c a ses n o w 9/ If a pi p e l i n e is a t t a c h i n g n e w reserves, its a v o i d e d cost in g e n e r a l wil l at least e q u a l the price of the m o s t costly n e w r e s e r v e s that it is c u r r e n t l y a t t a ching, but p i p e l i n e s that seek s pecial d i s c o u n t rates m a y a l s o have t e m p o r a r i l y s u s p e n d e d the a t t a c h m e n t of n e w reserves. If so, their a v o i d e d g as c osts w o u l d be the a m o u n t that they w o u l d save by re d u c i n g sales from e x i s t i n g reserves. As a result of t a k e - o r - p a y o b l i g a t i o n s or, as in the e x a m p l e in the text, an e s s e n t i a l l y a b s o l u t e o b l i g a t i o n to take the gas, the a v o i d e d g a s co s t s m ay be less than the w e l l h e a d p rice of the gas. 17 before the C o m m i s s i o n (U n i t e d G as P i p e l i n e , Do c k e t Nos. RP 8 2 - 1 6 and RP81-81, P a n h a n d l e Pi p e l i n e RP82- 1 0 5 and RP82-88, T r u n k l i n e Gas C o r p . , D o c k e t No. R P 8 1 -1Q3, Colum b i a Gas T r a n s m i s s i o n , R P 8 3 - 8 ), d i s t r i b u t i o n c o m p a n i e s and, in at least one case, C o m m i s s i o n staff, have c h a l l e n g e d the " m inimum bill" o b l i g a t i o n w h ich p i p e l i n e s have inclu d e d or are s e eking to include in their tariffs. A m i n i m u m bill r e q u i r e m e n t is like a t a k e - o r - p a y o bligation; u n d e r both the p u r c h a s e r m u s t pay for gas w h e t h e r it is taken or not. W h e r e the co n t r a c t is between p r o d u c e r and pipe l i n e , the o b l i g a t i o n is g e n e r a l l y refe r r e d to as a t a k e - o r - p a y obli g a t i o n ; w here it is betw e e n p i p e l i n e s or between a pipel i n e and a d i s t r i b u t o r it is g e n e r a l l y re f e r r e d to as a m i n i m u m bill obligation. Unlike take-or-pay, m i n i m u m bill p a y m e n t s t y p i c a l l y are not c r e d i t e d toward future purchases, In the U n i t e d case, the p r i m a r y issue is s i m p l y w h e t h e r its prop o s e d level of m i n i m u m bill (two-t h i r d s of m a x i m u m c o n t r a c t quantities) is just an d reasonable. The c o m p a n y has taken the posi t i o n that the m i n i m u m bill is n e c e s s a r y to c o v e r t a k e - o r - p a y o b l i g a t i o n s to s u p p l i e r s an d to a v o i d load loss. FERC staff has taken the p o s i t i o n that, at the v e r y least, the level of the m i n i m u m bill has to be based on the p i p e l i n e ' s fixed costs. Staff has not y et a d d r e s s e d the q u e s t i o n w h e t h e r t a k e - o r - p a y o b l i g a t i o n s s h o u l d be t reated as fixed c osts for this purpose. 18 The o t h e r three cas e s involve c h a l l e n g e s to e x i s t i n g m i n i m u m bills. In the P a n h a n d l e and T r u n k l i n e cases, the c u s t o m e r s c h a l l e n g i n g the m i n i m u m bill have ra i s e d an a n t i t r u s t issue in a d d i t i o n to the g e n e r a l just a nd r e a s onable issue. P a r tial r e q u i r e m e n t s c u s t o m e r s in these cases argue that the m i n i m u m bill, w h i c h a p p l i e s on l y to the p a r t i a l r e q u i r e m e n t s rate s c h e dule^ has been e s t a b l i s h e d at a level w h i c h is in t e n d e d to d i s c o u r a g e c u s t o m e r s from se e k i n g a l t e r n a t i v e gas suppliers. Th e y ar g u e that the m i n i m u m bill, in c o m b i n a t i o n w i t h the rate st ructure, e s s e n t i a l l y forc e s them to become full r e q u i r e m e n t s customers. The Colum b i a m a t t e r g rows out of that c o m p a n y ’s a t t e m p t to a b r o g a t e its e x i s t i n g m i n i m u m bill w i t h its pipe l i n e suppliers. The s u p p l i e r s p e t i t i o n e d the C o m m i s s i o n for e n f o r c e m e n t of the tariff an d P a n h a n d l e sued in state c ourt in O h i o for damages. C o l u m b i a ' s de f e n s e is bas e d on the t h e o r y that the e c o n o m i c r e c e ssion n o w p l a g u i n g the na t i o n and, in partic u l a r , its s e rvice area, a m o u n t s to a force m a j e u r e . D. D i r e c t C h a l l e n g e s to Pipelines' Finally, Purchasing Practices there are s e v eral C o m m i s s i o n p r o c e e d i n g s in w h i c h pipe l i n e p u r c h a s e s t h e m s e l v e s are being d i r e c t l y s c r u t i n i z e d u n d e r sect i o n s 4 a nd 5 of the N G A and u n d e r sect i o n 601(c) of the NGPA. The leading C o m m i s s i o n opin i o n in poi n t is T e n n e s s e e Gas P i p e l i n e C o . , r e f e r r e d to above. In that case the C o m m i s s i o n 19 indicated that the pa y m e n t of impr u d e n t pr i c e s for g a s was not w i t h i n the "fraud, abuse, and s i m i l a r p r a c t i c e s " st a n d a r d for d e n y i n g p a s s t h r o u g h u n d e r section 601(c) of the NGPA. The Co m m i s s i o n did hold, however, that the p r udence of a p i p e l i n e ' s purc h a s e p r a c t i c e s cou l d be c h a l l e n g e d und e r se c t i o n s 4 a n d 5 of the NGA, i.e., in a g e n e r a l rate proceeding. This m a t t e r is n o w in hearings, as are oth e r p r o c e e d i n g s i n v o l v i n g si m i l a r issues. Tak e n as a whole, the T e n n e s s e e d e cision thus l a r g e l y closed one door a nd o p e n e d another. It largely f o r e closed C o m m i s s i o n r e v i e w of indivi d u a l gas p u r c h a s e c o n t r a c t s for prudence. This rejection of a c o n t r a c t - b y - c o n t r a c t c o n s i d e r a t i o n of p u r c h a s e d gas costs rested in part on a legal inter p r e t a t i o n of N G P A section 601(c) an d in part on the a d m i n i s t r a t i v e i m p r a c t i c a b i lity of a b road a p p l i c a t i o n of the c o n t r a c t - b y - c o n t r a c t approach. But at the same time, as n o t e d above, T e n n e s s e e a l s o s t r o n g l y sugg e s t e d that the C o m m i s s i o n w o u l d c o n s i d e r the c r e a t i o n of g e n e r a l inc e n t i v e s d i r e c t e d at the same e n d of m i n i m i z i n g gas costs. The T e n n e s s e e case is n o w in hearings, as are o t h e r cases r a i s i n g the same issues. C o l u m b i a G as T r a n s m i s s i o n , Do c k e t Nos. T A 8 1 - 1 - 2 1 , T A 8 1 - 2 - 2 1 (Initial D ecision, D e c e m b e r 30, 1982) is the only a d m i n i s t r a t i v e d eci s i o n since T e n n e s s e e Gas Pi p e l i n e wh i c h de a l s w i t h the p r o p r iety of pu r c h a s e gas co s t s u n d e r e i t h e r NGP A s e c tion 601(c) or N G A sections 4 and 5, In that d e c ision, w h i c h s till is 20 s u b j e c t to C o m m i s s i o n review, A d m i n i s t r a t i v e L a w J u d g e Le v a n t d e n i e d p a s s t h r o u g h of g a s c o sts in P G A rates to the e x t e n t they " e x c e e d e d the c ost s C o l u m b i a w o u l d have i n curred if it had ma d e cutb a c k s in o r d e r of cost." Further, u n d e r section 5 of the NGPA, J udge L e v a n t o r d e r e d C o l u m b i a to d e s i s t from v a r i o u s p u r c h a s i n g p r a c t i c e s wh i c h a f f e c t e d C o l u m b i a ' s rates, incl u d i n g inter alia "e n g a g i n g in gas a c q u i s i t i o n p r a c t i c e s w h i c h fail to take c o n s i d e r a t i o n of the m a r k e t a b i l i t y of its g a s in the m a r k e t s of all its c ustomers." The ulti m a t e d i s p o s i t i o n of the C o l u m b i a Gas case is u n k nown at this time. It m a y be wo r t h noting, however, that J u d g e L e v a n t ' s d e c i s i o n m a r k s an interm e d i a t e course betw e e n the c a s e - b y - c a s e a p p r o a c h r e j e c t e d in T e n n e s s e e and the gene r a l i n centive a p p r o a c h s u p p o r t e d there, C o lumbia Gas de a l s d i r e c t l y w i t h the p a s s t h r o u g h of p u r c h a s e d gas costs, but its r e fusal to a l l o w p a s s t h r o u g h in some inst a n c e s is b ased p r i n c i p a l l y on the p i p e l i n e ' s g e n e r a l p u r c h a s i n g p r a c t i c e s a nd n o t on the p r u d e n c e of indivi d u a l contracts. 21 Senator J epsen . Thank you. Rather than going directly to questions, I think I would ask that each one of the panel members make their initial opening statement. Again, at a hearing it’s almost impossible to keep to the 10-minute parameter that we have, so I would like to summarize what I think I heard you say, and that is that the Federal Energy Regulatory Commission has very little authority by statute to address the problems that we’ve been experiencing. The statute, or the Natural Gas Policy Act of 1978, was generated by the fact that at that time it was felt that we were going to have a continued shortage of natural gas in this country. However, the combination of finding new sources of natural gas and the conservation, on the other hand, brought us to this point today where we now have a 1978 act that in some ways did a good job, but in other ways presented problems. The Natural Gas Policy Act of 1978 does not seem to permit the entire industry, distribution, production, so on, to adjust to changing market conditions. Now we’ve got to see how true or rigid that statement is, which is one of the things we hope to unravel here this morning. Shall we start with the people who produce it ? That’s where the gas comes from. Right out of the ground, so Mr. Bush, representing the Natural Gas Supply Association, you may proceed. STATEMENT OF NICHOLAS J. BUSH, PRESIDENT, NATURAL GAS SUPPLY ASSOCIATION (NGSA), DAVENPORT, IOWA Mr. B u s h . Good morning, Senator. My name is Nicholas J. Bush, and I am president of the Natural Gas Supply Association, an orga nization o f producers who market about 90 percent of the Nation’s nat ural gas. We have large, integrated companies as members. Senator J epsen . May I interrupt you? In the interest of getting your remarks all on the record, and because of the location of the microphones, would you please change places ? Mr. B u s h . Oh, sure. Senator J epsen . We want to make sure we have a complete record so when we get done we have the knee bone connected to the thigh bone and the thigh bone connected to the hip bone, and we indeed get a com plete picture of this issue. Mr. B u s h . Senator, as I was about to say, our organization repre sents large integrated gas companies as well as small independent pro ducers. Rather than read my full testimony, I also would ask you, Mr. Chairman, if it could be submitted in its entirety for the record, and I will summarize my remarks. Senator J epsen . The record will show that the prepared statement of Nicholas J. Bush will be printed in the record as if read, and you may now proceed in any manner you so desire. Mr. B u s h . Senator, I want to first associate myself with your open ing remarks. I think they represent a very candid and very correct assessment of the current situation. Last week, Mr. Chairman, CBS News did a short piece on the even ing news about the anger felt by Iowans about rising natural gas prices. Rising prices, which once again Dan Rather, smiling into the 22 camera, said had begun with the beginning of decontrol in 1978. The CBS reporter that was covering it here locally in Iowa felt com pelled, I thought, to slip back into the debilitating commentary of the 1970’s and charged that consumers angry over these higher prices were targeting their rage at big oil and gas. I hope, Mr. Chairman, that many consumers this time won’t be falling for the media hype that occurred in the 1970’s, and the charges by those who would like to turn the argument into some form of class war. I believe that there is a chance that that may occur, because I think we can best illustrate it by taking a look at two headlines, and I brought these along for issue sake. One, the headline in the Washington Post that says: “ Natural Gas Surpluses Lead to 20 Percent Price Rise,” and another one, a recent one in USA Today similar to many running around the country these days: “ United States Gasoline Prices Prom ise Some Break on Dollar Market.” There is only one difference, one significant difference. Both of these are energy commodities where there is less demand and more supplies. Natural gas is price con trolled, oil is decontrolled. And as a result, oil reflects the price that a consumer is willing to pay for it. That’s the one significant difference, Senator, between those two commodities. Now, the same people, Mr. Chairman, many of the same groups who are now predicting disaster with natural gas decontrol are the same ones who told us that oil decontrol would result in $100 a barrel oil and $5 prices at the pump. They were wrong then and they are wrong now. The only way a product can experience the kind of a situation we have with natural gas when there is more than enough available supply for delivery and purchase and the prices keeps going up is when it’s a regulated commodity. Mr. Chairman, if there was one myth that I could dispel before leaving this hearing room this morn ing it would be that rising natural gas prices are the result of a deci sion to decontrol. That’s just pure and outright baloney. The Natural Gas Policy Act in 1978 extended controls into markets that were formerly competitive and free. It set up more than 28 pric ing categories for natural gas that is otherwise indistinguishable in other aspects, and on January 1,1985, it does not, as many people still erroneously believe, decontrol all natural gas; rather it decontrols perhaps what will then be 40 to 50 percent of the gas flowing and keeps the remainder forever regulated. What has resulted from the Natural Gas Policy Act is a crazy quilt of distortions and inequities that falls the heaviest on the consumer. By immediately decontrolling that natural gas which is discovered in reservoirs falling below 15,000 feet, so-called deep gas, the law irrationally placed the greatest incentive for producers to explore for and develop the most difficult and most expensive gas first. It’s not altogether unlike telling a farmer to hire a helicopter and start pick ing his apples from the top of the tree. While this gas is only 4 or 5 percent o f the total now produced, it represents a disproportionate share of the cost of many of the pipe line systems. The reason for this is because a Natural Gas Policy Act maintains most domestic gas under tight controls, encouraging the purchase of new supplies by pipelines at prices higher than what the 23 market would otherwise bear. To the extent that a pipeline has a large inventory of low-priced, forever-regulated gas, it can then buy un economic, high-cost supplies such as deep gas, LNG, liquified natural gas, the famous trunkline synthetic gas, imported gas, rolling in these high-cost gas supplies with low-cost regulated supplies. As a result, pipelines have paid up to $10 for some deep gas, $7.16 for Algerian gas without any associated transportation costs on the land, $5.01 for Mexican gas, and currently $4.94 for Canadian gas, while the domestic price for natural gas on the average in September was $2.53. A matter of particular concern to Iowans and the Midwest in general, we believe, is the increasing number and amount of imports of Canadian gas into this region. Despite a decline in the first three quarters of 1982 of 27 percent in domestic gas consumption here, Ca nadian gas imports actually increased. It may interest you that in the Midwestern region there were 140 billion cubic feet of gas from Ca nada in 1941, and it’s projected by the American Gas Association that it will be 252 billion cubic feet in 1983. I think, Mr. Chairman, in relationship to that Canadian gas, if I can just say a couple things. Northern Gas Co., which is the major pipeline supplier in Iowa—provides over a third o f the State’s natural gas requirements—is particularly going to be experiencing rising gas costs attributable in a large degree to its Canadian gas pur chases, and you will note some variation of this in the attachments to my testimony. In purchased gas adjustments filed over a 12-month period, December 31, 1981, to December 31, 1982, Northern Natural showed a planned increase of 64 percent for their Canadian gas costs. The latest PGA filing for prospective gas costs indicates that Ca nadian gas will account for over 30 percent of Northern’s total gas costs. I f one adds projects now pending approval, Iowa may be im porting up to 100 percent more Canadian gas by the end of 1984 than in 1981. Consumers have every right to question the wisdom of trading off relatively cheaper domestic gas for higher priced imports, and, Sena tor, we would just call that to your attention. There is quite a bit else in my testimony, Senator, that I think will be of interest to you, and the Iowans, and to Midwesterners, but I will at this point try to break off. Let me just say that I would welcome an opportunity in the question-and-answer period on what we could do to solve the problem. It rests in the belief that the consumer ought to be determining what the price of natural gas is, not a regulatory body, and we are willing very specifically to address the contract issues. Producers have been sneaking for over a year and a half about how those questions can be addressed with equity and concern for everyone, and let me finally close by saying that there is some misunderstanding that producers are not concerned with consumers’ ability to pay for gas bills. That, I would also say, is pure nonsense. The reason that a producer and a producer representative can sit here and talk to you about wanting to stabilize long-term prices instead of portraying themselves as wanting higher and higher prices is that we make money based on being able to sell gas, and it does not help us when indus 24 trial consumption in this area falls 40 percent and we can’t sell gas. It doesn’t help us when Ms. Morrow or anyone else in this room can’t afford to. We sell it and we want very much for those people to have the best possible price. But if they don’t, they will go and find an alternative source of supply, so we are very much afraid of the fact that low-income and elderly and people on fixed incomes may very well find alternatives. So this is not the time to cut low energy assistance to people for energy needs. We don’t know what the right level is, but there has been some suggestion within the administration that this may be the time to cut that assistance. We don’t think that’s appropriate, nor is it timely to do so. Thank you. [The prepared statement of Mr. Bush, together with attachments, follows:] 25 P repared S tatem en t of N icholas J. B u sh M y n a m e is N i c h o l a s J, Bush. Natural Gas Supply Association I am President of the (NGS A ) , an o r g a n i z a t i o n of p r o d u c e r s w h o m a r k e t a b o u t 90 p e r c e n t o f the n a t i o n ’ s n a t u r a l gas. The A s s o c i a t i o n t h a n k s t h e C h a i r m a n and h i s sta f f for a f f o r d i n g u s the o p p o r t u n i t y to p a r t i c i p a t e in t o d a y ' s h e a r i n g s , w h i c h w i l l e x p l o r e the s t ate of c u r r e n t ga s m a r k e t s , the o p e r a t i o n of the N a t u r a l G a s P o l i c y A c t ( N G P A)y t h e e f f e c t of c e r t a i n g a s c o n t r a c t p r o v i s i o n s , a n d the g as price and supply outlook under several policy options. a r e e s p e c i a l l y p l e a s e d to d i s c u s s t h e s e m a t t e r s w i t h y o u in Iowa, w h e r e w e k n o w t h e s u b j e c t o f c u r r e n t g a s p o l i c y h a s b e e n a f o c u s o f s p e c i a l e m p h a s i s a n d conce r n . NGSA Position To b e g i n , t h e N G S A a d v o c a t e s d e r e g u l a t i o n o f a l l n a t u r a l g a s p r i c e s at t h e w e l l h e a d b y a d a t e c e r t a i n , n o t l a t e r t h a n t h e J a n u a r y 1, 1 9 8 5 d a t e for p a r t i a l d e r e g u l a t i o n c o n t a i n e d in t h e N a t u r a l G a s P o l i c y Act . We believe that a free natural gas wellhead m arket will most efficiently ma t c h future gas supplies with demand a t r e a s o n a b l e p r i c e s to c o n s u m e r s . A comprehensive solution will doubtless address other aspects of the g a s issue, b u t t o t a l w e l l h e a d p r i c e d e r e g u l a t i o n m u s t be ach i e v e d at the earliest possible date to pr e v e n t We 26 regulation-induced distortions, which adversely affect b o t h c o n s u m e r s a n d p r o d u c e r s of n a t u r a l gas. Current Gas Policy S i n c e 1978 n a t u r a l g a s p r i c i n g p o l i c y h a s b e e n set b y t h e N a t u r a l G a s P o l i c y Act, p a r t o f t h e C a r t e r A d m i n i s t r a t i o n ' s N a t i o n a l E n e r g y Act. NGPA provides for t he d e r e g u l a t i o n of r o u g h l y 50% of the n a t i o n ' s n a t u r a l g a s s u p p l y on J a n u a r y 1, 1985, c o n t i n u e s forever price controls on "old”natural gas previously r e g u l a t e d u n d e r the N a t u r a l G a s Act, a n d a l l o w s i n c e n t i v e p r i c i n g t r e a t m e n t for c e r t a i n h i g h - c o s t n a t u r a l g a s s u p p lies, s u b j e c t t o F e d e r a l E n e r g y Regulatory Commission (FERC) d i s c r e t i o n . NGPA contains m o r e t h a n 28 p r i c i n g c a t e g o r i e s f o r n a t u r a l g a s o t h e r w i s e i n d i s t i n g u i s h a b l e in q u a l i t y or a n y o t h e r aspect. S u p p o r t e r s of N G P A b e l i e v e d that, in s p ite of its o b v i o u s c o m p l e x i t y , s u c h a " f i n e - t u n i n g " o f g a s p r i c e s c o u l d s t i m u l a t e n e w g a s s u p p l i e s at l e s s c o s t t h a n a m a r k e t - b a s e d p r i c i n g system. E x p e r i e n c e u n d e r N G P A d e m o n s t r a t e s t h a t it is no t w o r k i n g . P ricing significant quantities of old natural gas bel ow market has discouraged further investment from previously-discovered reservoirs, from w h ic h more qas w ould be produced at relatively reasonable c o s t s to consumers. Equally important, b el ow market p r i c i n g 27 of old gas has e ncouraged the purchase of additional s u p p l i e s o f n a t u r a l g a s a t a b o v e m a r k e t - c l e a r i n g l e vels. N G P A E n c o u r a g e s t he P u r c h a s e of Expensive. G a s R e g u l a t i o n o f the d o m e s t i c n a t u r a l g a s m a r k e t c r e a t e s irrational economic incentives. Pricing significant quantities of n a t u r a l g a s b e l o w m a r k e t e n c o u r a g e s the p u r c h a s e of n e w s u p p l i e s at p r i c e s h i g h e r t h a n m a r k e t c l e a r i n g l e v e l s « To the e x t e n t t h a t a p i p e l i n e h a s a l a r g e i n v e n t o r y o f l o w priced regulated gas (e.g., a l a r g e g a s c u s h i o n ) , a p i p e l i n e ca n p u r c h a s e u n e c o n o m i c h i g h c o s t s u p p l y i n c r e m e n t s s uch as LNG, s y n t h e t i c gas, i m p o r t e d g a s a n d h i g h - p r i c e d d e c o n t r o l l e d g a s b e c a u s e p r i c e r e g u l a t i o n u n d e r t he N G P A a f f o r d s a n incentive to roll-in high cost gas supplies with low cost r e g u l a t e d supp l i e s . E v e n in a w i d e l y r e c o g n i z e d a t m o s p h e r e of e x c e s s g a s d e l i v e r ability., a n d the a v a i l a b i l i t y o f l o w e r c o s t d o m e s t i c sup p l i e s , some p i p e l i n e s w i t h a l a r g e c u s h i o n c o n t i n u e to p u r c h a s e a b o v e m a r k e t f o r e i g n g a s r e f l e c t i n g t he f a c t t h a t the N G P A c o n t i n u e s to p r o v i d e s u c h p i p e l i n e s w i t h e r roneous signals wh i c h distort market realities. C o n s u m e r s do n o t b e n e f i t w h e n n a t u r a l g a s p r i c e s a r e k e p t artificially low by the N G P A when the benefit of l o w regulated prices m e r e l y a l l o w a p i p e l i n e to r o l l - i n h i g h c o s t s u pplies. Imports Are An Important Example T h e f a c t t h a t p i p e l i n e s a r e a b l e to a v e r a g e in hig h cost gas purchases w i t h the low cost regulated supplies helps explain the continued purchase of imported 28 n a t u r a l g a s a t p r i c e s t w i c e t h a t of the a v e r a g e d o m e s t i c w e l l h e a d price. In S e p t e m b e r , 1982 the a v e r a g e d o m e s t i c p r i c e at t h e w e l l h e a d w a s $ 2.53 p e r Mcf. A t t he same t i m e C a n a d i a n g a s s o l d for $ 4 . 9 4 / M M B T U at t h e b o r d e r , M e x i c a n g a s w a s s e l l i n g at $ 5 . 0 1 / M M B T U at the M e x i c a n b o r d e r , a n d Al gerian LNG contracts contained a landed purchase price of $7.16 p e r MMBtu. It is v e r y d o u b t f u l t h a t g a s w o u l d be m a r k e t a b l e at t h e s e p r i c e s in a b s e n c e of t h e p r i c e "c u s h i o n " p r o v i d e d b y a r t i f i c i a l l y l o w p r i c e c e i l i n g s o n ol d g a s pri c e s . C o n s u m e r s are w o r s e off to t h e e x t e n t t h a t d o m e s t i c g as m i g h t h a v e b e e n p r o d u c e d and p u r c h a s e d - at p r i c e s l o w e r t h a n t h o s e for i m p o r t e d gas. C o n s u m e r s h a v e e v e r y r i g h t t o q u e s t i o n t h e w i s d o m of t r a d i n g - o f f r e l a t i v e l y c h e a p e r d o m e s t i c g a s for h i g h e r p r i c e d imports. F u r t h e r , q u e s t i o n s of f o r e i g n p o l i c y q u i t e o f t e n b e c o m e i n v o l v e d in a n y d i s c u s s i o n o f i m p o r t e d gas c o n t r a c t t e rms, m a k i n g it d i f f i c u l t to o b t a i n a n y t y p e of relief. In fact, in m i d - w i n t e r 1980 t h e C a n a d i a n g o v e r n m e n t e x a c t e d a 70% p r i c e i n c r e a s e for its g a s e x p o r t s t o t h e U n i t e d S t a t e s , at a t i m e w h e n t h e U.S. s u p p l y p o s t u r e a n d s e a s o n m a d e it i m p o s s i b l e to r e s i s t s u c h a - d e m a n d . When the U.S. c a p i t u l a t e d t o t h e C a n a d i a n s , t he M e x i c a n g o v e r n m e n t i n f o r m e d u s t h a t it, too, w a n t e d t he same p r i c e f o r its g a s e x p o r t s , in s p i t e o f t he f a c t t h a t t h o s e c o n t r a c t s h a d b e e n c o n c l u d e d o n l y s h o r t l y before, a f t e r y e a r s o f a c r i m o n i o u s negotiations. The Canadian government's recent refusals to c o n s i d e r a n y r e d u c t i o n in its e s t a b l i s h e d g a s p r i c e t o r e f l e c t c h a n g e d m a r k e t c o n d i t i o n s is j u st t h e l a t e s t 29 e x a m p l e of t he p r o b l e m s w h i c h a r i s e w h e n t h e n a t i o n b e c o m e s d e p e n d e n t o n i m p o r t e d g a s supplies. Impact of Natural Gas Imports from Canada on Iowa and The Midwest O v e r the f i r s t t h r e e q u a r t e r s of 1982 d o m e s t i c n a t u r a l g as c o n s u m p t i o n in the M i d w e s t h a s d e c r e a s e d 27%. gas imports from Canada have increased, However, and have now b e q u n to flow t h r o u g h the rece n t l y c o m p l e t e d p r e - b u i l d section of the A l a s k a Nat u r a l Gas T r a n s m i s s i o n system, bringinq additional economic pressure on domestic producers and consumers. T r a d i t i o n a l m a r k e t s for C a n a d i a n g as h a v e b e e n in t he N o r t h w e s t . However, i n c r e a s i n g a m o u n t s of C a n a d i a n g a s are p l a n n e d for m a r k e t i n g in the M idwest. A c c o r d i n g to t h e A m e r i c a n G a s A s s o c i a t i o n , C a n a d i a n G a s I m p o r t P r o j e c t s s e r v i n g the M i d w e s t a m o u n t e d to 2 3 7 . 5 B c f in 1981 (see a t t a c h m e n t " A " ) . Currently, s i g n i f i c a n t p o r t i o n s of t h e M i d w e s t g a s m a r k e t a r e n o w b e i n g s e r v e d b y C a n a d i a n gas. Canadian Gas Imports A s a P e r c e n t of T o t a l ______ U t i l i t y S a l e s State 21-496 0 Io w a 5 - 10% Illinois 5 - 10% Minnesota 10 - 25% Michigan 10 - 25% Wisconsin 10 - 25% 83 3 30 T h e i n c r e a s i n g v o l u m e s o f C a n a d i a n g a s e n t e r i n g the M i d w e s t a n d Iowa w i l l c a u s e a d r a m a t i c r i s e in imports' s h a r e o f p u r c h a s e d g a s c o s t s to p i p e l i n e s . Northern Natural G a s C o m p a n y , t h e m a j o r p i p e l i n e s u p p l i e r in Iowa, p r o v i d i n g o v e r a t h i r d of the s t a t e ' s n a t u r a l g a s r e q u i r e m e n t s , w i l l e x p e r i e n c e r i s i n g g a s c o s t s a t t r i b u t a b l e in l a r g e d e g r e e to its C a n a d i a n g a s p u r c h a s e s (see a t t a c h m e n t s "A" a n d "B") In p u r c h a s e d g a s a d j u s t m e n t s f i l e d o v e r a 1 2 - m o n t h period, North e r n Natural Gas Company showed a pl a n n e d i n c r e a s e o f 64% for C a n a d i a n g a s cost. filing T h e liatest P G A (January 1, 1983) for p r o s p e c t i v e g a s c o s t s i n d i c a t e s t h a t C a n a d i a n g a s w i l l a c c o u n t for o v e r 30% o f N o r t h e r n N a t u r a l ' s t o t a l g a s c osts. approval, If o n e a d d s p r o j e c t s n o w p e n d i n g Iowa and other M idwestern states may be importing up to 1 0 0 % m o r e C a n a d i a n g a s b y t h e e n d of 1984 t h a n in 1981. C o m p a r e d w i t h s i m i l a r 1981 figur es , U.S. g a s i m p o r t s r o s e 7% in the f i r s t t h r e e q u a r t e r s of 1982, a c c o r d i n g to E n e r g y I n f o r m a t i o n A d m i n i s t r a t i o n f i g ures, w h i l e d o m e s t i c p r o d u c t i o n o f g a s d e c l i n e d 7% in t h e sam e p e r i o d . Until all m a r k e t sect o r s , b o t h d o m e s t i c a n d for e i g n , a r e in c o m p e t i t i o n w i t h e a c h o t h e r a n d w i t h a l t e r n a t e fuels, t h e r e is n o b a s i s a n d n o i n c e n t i v e for C a n a d a to m o d i f y its e x p o r t pricing mechanism. N G P A ' s s u b s i d y of g a s i m p o r t s m a k e s no e c o n o m i c sense, a n d it c o s t s A m e r i c a n g a s c o n s u m e r s c o n s i d e r a b l e m o n e y in u n n e c e s s a r y c osts. 31 N G P A H a s F a i l e d to Spu r P r o d u c t i o n The N G P A h a s a l s o f a i l e d to s t i m u l a t e d o m e s t i c n a t u r a l g a s p r o d u c t i o n a d e q u a t e t o m e e t o u r n e e d s in t h e y e a r s a h ead. O v e r t he p a s t d e c a d e a d d i t i o n s t o U.S. r e s e r v e s s h o w t h a t w e h a v e p r o d u c e d f r o m i n v e n t o r y r o u g h l y 1.6 t i m e s m o r e gas than we have discovered. Natural gas pipelines and the Federal Energy Regulatory C ommission have repeatedly expressed concern over the rapid d e p l e t i o n of l o n g - t e r m g a s i n v e n t o r i e s . Current pricing p o l i c y h a s p r o v e d i n a d e q u a t e to g u a r a n t e e t h a t s u f f i c i e n t d o m e s t i c gas s u p p l i e s w i l l be a v a i l a b l e in t h i s d e c a d e a n d n e x t to m e e t t h e n e e d s of a r e s t o r e d a n d e x p a n d i n g eco n o m y . M u c h G as R e m a i n s T o Be F o u n d T h e p r o b l e m d o e s n o t lie w i t h t h e size o f t h e r e s o u r c e base; both the United States Geological Survey (USGS) a nd the P o t e n t i a l G a s C o m m i t t e e e s t i m a t e t h a t w e h a v e n e a r l y a 5 0 - y e a r s u p p l y of c o n v e n t i o n a l g a s w h i c h c a n b e t a p p e d u n d e r a p p r o p r i a t e n a t u r a l g a s p r i c i n g policy. B u t N G PA, by c o n tinuing low price ceilings on m uch o £ our domestic supply, h a s a c t u a l l y r e d u c e d the r a t e of i n c r e a s e in gas w e l l d r i l l i n g f r o m 20% i m m e d i a t e l y b e f o r e its p a s s a g e to o n l y 11% in t he t h r e e y e a r s f o l l o w i n g its e n a c t m e n t . 1981 a d d i t i o n s to r e s e r v e s e x c e e d e d g a s p r o d u c t i o n o n l y b e c a u s e o f r e v i s i o n s a n d c o r r e c t i o n s in p u b l i s h e d e s t i m a t e s for p rior years. This statistical correction does not i n d i c a t e t h a t t h e l o n g - t e r m d o w n w a r d t r e n d in r e s e r v e s adds has been reversed. 32 NGPA Causes Market Disorder M a r k e t - o r d e r i n g p r o b l e m s a l s o a r i s e f r o m the i m p a c t of NGPA u p o n t he h i s t o r i c a l d i s t r i b u t i o n of l o w - p r i c e d g a s a m o n g i n t e r s t a t e p i p e l i n e s a n d b e t w e e n the i n t e r s t a t e a n d i n t r a s t a t e p i p e l i n e systems. In fact, t he v i n t a g e p r i c e s y s t e m e s t a b l i s h e d o r i g i n a l l y b y the F e d e r a l P o w e r C o m m i s s i o n , a n d v a s t l y e x p a n d e d b y the m a n y N G P A p r i c i n g c a t e g o r i e s , r e s u l t s in f a v o r e d t y p e s o f c o n s u m e r s w h o are s u b s i d i z e d at t he e x p e n s e of o t h e r c o n s u m e r groups; f a v o r e d p i p e l i n e s w h o s e w e i g h t e d a v e r a g e c o s t of g a s is l ess t h a n half, t h a t of o t h e r p i p e l i n e s ; a n d f a v o r e d p r o d u c e r s w h o r e c e i v e u p to t w e n t y t i m e s m o r e for t h e i r g a s t h a n do o t h e r p r o d u c e r s . Congress, th e F e d e r a l E n e r g y R e g u l a t o r y C o m m i s s i o n , a n d m a n y p r i v a t e g r o u p s h a v e s t u d i e d th e v a r i o u s m a n i f e s t a t i o n s of t h i s m arket disorder phenomenon. T h e r e is g e n e r a l a g r e e m e n t t h a t m a r k e t d i s o r d e r e n s u r e s t h a t a n y d o m e s t i c b e n e f i t s of c o n t i n u e d g as p r i c e r e g u l a t i o n w i l l b e u n e v e n l y d i s t r i b u t e d a m o n g n a t u r a l g a s c o n s u m e r s whi l e , as p r e v i o u s l y d e m o n s t r a t e d , o t h e r b e n e f i t s w i l l b e c a p t u r e d b y f o r e i g n gas p r o d u c e r s . In short, N G P A - i m p o s e d p r i c e c o n t r o l s h a v e g r e a t l y c o m p l i c a t e d ou r d o m e s t i c g a s m a r k e t s w h i l e g a i n i n g little, if a n y t h i n g , fo r t h e a v e r a g e c o n s u m e r . T h e D i s t o r t i o n s o f N G P A a n d Its I m p a c t o n A g r i c u l t u r e A g r i c u l t u r a l p r o d u c t i o n is a f f e c t e d b o t h d i r e c t l y a n d i n d i r e c t l y b y c h a n g e in n a t u r a l g a s p r i c e . It is u s e d a s a d i r e c t i n p u t in f a r m o p e r a t i o n s s u c h a s i r r i g a t i o n a n d c r o p 33 d r y i n g a n d i n d i r e c t l y it is a m a j o r input in t h e p r o d u c t i o n of fertilizers ( e s p e c ia ll y amm o ni a, an i m p o r t a n t i n g r e d i e n t in the p r o d u c t i o n of n i t r o g e n o u s f e rtilizers) T he d i s t o r t i o n s p r e v i o u s l y m e n t i o n e d b e t w e e n the i n t e r s ta t e a n d i n t r a s t a t e m a r k e t s w i l l h a v e a seve r e i m p a c t o n the a g r i c u l t u r a l sector. The c o n t i n u a t i o n of c u r r e n t p o l i c y u n d e r the N G P A m a y c r e a t e a p a r t i c u l a r l y d i f f i c u l t g a s - s u p p l y s i t u a t i o n for the a m m o n i a - p r o d u c i n g industry. D u r i n g the e a r l y a n d m i d d l e 1970's, a m m o n i a p r o d u c e r s t e n d e d to l o c a t e on i n t r a s t a t e pipelines (in Texas, O k l a h o m a a n d L o u i s i a n a ) b e c a u s e of g r e a t e r s e c u r i t y of supply. C u r r e n t l y a b o u t 55-60 p e r c e n t of a m m o n i a p r o d u c t i o n c a p a c i t y u s e s i n t r a s t a t e gas. If i n v e n t o r i e s of n a t u r a l g a s c o n t i n u e to fall, c o n s u m p t i o n o f n a t u r a l g a s w i l l be m a i n l y d e s i g n a t e d to h i g h - p r i o r i t y r e s i d e n t i a l a n d c o m m e r c i a l use. additions If n o n - a s s o c i a t e d r e s e r v e (those c o n n e c t e d w i t h d r i l l i n g for g a s only) c o n t i n u e to d e c l i n e a l o n g w i t h t he r a t e of i n c r e a s e d g a s w e l l c o m p l e t i o n s , t h e l i k e l i h o o d o f g e n e r a l s h o r t a g e s is g r e a t e r for a m m o n i a p r o d u c e r s t h a n f or o t h e r i n d u s t r i e s d u e , t o t h e i r i n t e n s i v e c o n s u m p t i o n o f n a t u r a l g a s in i n t r a s t a t e m a r k e t s . The Natural Gas Policy Act has turned the advantage most gas c o n s u m e r s in t h e i n t r a s t a t e m a r k e t e n j o y e d into t h e p o s s i b i l i t y of those states bec o m i n g gas deficient. 34 The r e c e n t t r e n d is i l l u s t r a t e d b y the 1980 E I A r e s e r v e study, w h i c h f o u n d i n t r a s t a t e m a r k e t c o n t r a c t c o m m i t m e n t s o n l y 29 p e r c e n t of t o t a l c o m m i t m e n t s . H i s t o r i c a l l y , the i n t r a s t a t e m a r k e t h a s a c c o u n t e d for a b o u t 40 p e r c e n t of t o t a l U.S. n a t u r a l g a s c o n s u m p t i o n . W i t h i n the a m m o n i a - p r o d u c i n g i n d u stry, d e r e g u l a t i o n w o u l d be l i k e l y to c h a n g e the r e l a t i v e c o m p e t i t i v e p o s i t i o n s of p r o d u c e r s s e r v e d b y i n t r a s t a t e as c o m p a r e d to i n t e r s t a t e pipelines. U n d e r c u r r e n t p o l i c y , a f t e r 1985 t he i n t e r s t a t e p i p e l i n e s w i l l h a v e l a r g e r a m o u n t s of p r e v i o u s l y c o n t r a c t e d , r e l a t i v e l y l o w - p r i c e gas, a n d so w i l l b e a b l e to c o m p e t e a g g r e s s i v e l y for n e w g a s s u p p l i e s a n d r o l l in h i g h e r c o s t n e w s u p p l i e s w i t h l o w p r i c e d " c u s h i o n " gas. Thus, t he i n t e r state lines could offer both better terms and better guarantees of s u p p l i e s t h a n t he i n t r a s t a t e lines. T h i s w o u l d p l a c e the a m m o n i a p r o d u c e r s o n i n t r a s t a t e l i n e s at a c o m p e t i t i v e d i s a d v a n t a g e , t h e r e b y n e g a t i v e l y a f f e c t i n g r e g i o n s of t h e c o u n t r y w i t h l a r g e f e r t i l i z e r needs. In g e n e r a l m o s t e x p e n d i t u r e s for n a t u r a l g a s d i r e c t f a r m i n g a p p l i c a t i o n s o c c u r s in the W e s t S o u t h C e n t r a l r e g i o n , p r i m a r i l y in the i n t r a s t a t e g a s market. This r e g i o n of the c o u n t r y / w h i c h i n c l u d e s L o u i s i a n a , Tex a s , Oklahoma, and Arkansas, spent a p p r o x i m a t e l y $95.1 m i l l i o n d o l l a r s for n a t u r a l gas, 40 p e r c e n t o f t o t a l U.S. g a s u s a g e * 35 w i t h T e x a s a l o n e s p e n d i n g $82.3 m i l l i o n for gas. M o s t of t h e s e c o s t s w e r e for fue l u s e d in i r r i g a t i o n , w h i c h a c c o u n t s for 96 p e r c e n t of t he n a t i o n ' s a g r i c u l t u r a l g a s use. P r e l i m i n a r y f i n d i n g s of a stu d y b e i n g c o n d u c t e d for the N a t u r a l G a s S u p p l y A s s o c i a t i o n H e a d y a n d Dr, (NGSA) b y Dr. E a r l 0. B u r t o n E n g l i s h at the C e n t e r for A g r i c u l t u r a l a n d R u r a l D e v e l o p m e n t in Ames, Iowa, i n d i c a t e s t h a t I owa f a r m e r s r e p o r t e d s p e n d i n g 1% o f the n a t i o n ' s g a s c o s t s for agriculture. T h i s w a s p r i m a r i l y spe n t for c r o p drying. T h e r e f o r e , n a t u r a l g a s p r i c e i n c r e a s e s are n ot l i k e l y to h a v e an i m p a c t o n I o w a ' s f a r m sector. S u b s t i t u t e s for n a t u r a l g a s use in c r o p d r y i n g e x ist, s uch as LPG, so Iowa f a r m e r s c o u l d c o n v e r t to a n a l t e r n a t i v e fuel for d r y i n g if the n e e d arose. Phased Decontrol Is T h e B e s t S o l u t i o n The s o l u t i o n to c u r r e n t p r o b l e m s l i e s in e x t e n d i n g the d e c o n t r o l c o n c e p t to the p r e - 1 9 8 5 p e r i o d , a n d i n c l u d i n g o l d ga s a m o n g t h a t w h i c h is g r a d u a l l y deregulated*. A phased d e c o n t r o l of a ll n a t u r a l g a s w i l l e l i m i n a t e m a r k e t d i s o r d e r an d o t h e r e c o n o m i c d i s t o r t i o n s c a u s e d b y t h e u n e v e n d i s t r i b u t i o n of s u b s i d i z e d o l d g a s supplies. P h a s i n g - u p o l d gas p r i c e s to m a r k e t l e v e l s e l i m i n a t e s t he g r o s s d i s p a r i t i e s in a v e r a g e c o s t s a m o n g i n t e r s t a t e 36 p i p e l i n e s a n d b e t w e e n the i n t e r s t a t e a n d i n t r a s t a t e n a t u r a l g a s t r a n s m i s s i o n systems. A s o l d g a s p r i c e s i n c r ease, p i p e l i n e s w h i c h h a v e g a i n e d t he a d v a n t a g e s o f an o l d g a s " c u s h i o n " t h r o u g h h i s t o r i c a l a c c i d e n t w i l l n o l o n g e r be ab l e to b i d a b o v e m a r k e t - c l e a r i n g p r i c e s for n e w g as supplies (in c l u d i n g i m p o r t s ) . In t h i s e n v i r o n m e n t a n y above market-clearing prices actually paid would inhibit a p i p e l i n e ' s a b i l i t y to c o m p e t e w i t h a l t e r n a t i v e fuels. Therefore, pha s e d decontrol will over time eliminate policyi n d u c e d d i s t o r t i o n s in t h e c o m p e t i t i o n for n e w g a s s u p p lies. It w i l l a l s o p r o v i d e a s m o o t h t r a n s i t i o n to t he c o m p l e t e l y d e r e g u l a t e d m a r k e t a f t e r J a n u a r y 1, 1985, a n d e l i c i t a d d i t i o n a l g a s p r o d u c t i o n a s an a d d e d di vi de n d. A F r e e M a r k e t In G a s W i l l B e n e f i t C o n s u m e r s A n o t h e r i m p o r t a n t b e n e f i t of d e c o n t r o l m e r i t s s e r i o u s attention. T h e n a t u r a l g a s m a r k e t h a s c h a n g e d g r e a t l y in t h e l a s t year, d u e t o d e c l i n i n g r e a l w o r l d o i l p r i c e s a n d t h e e c o n o m i c d o w n t u r n in t h i s c o u n t r y . Gas consumers have c o m p l a i n e d that p r ices continue to increase*despite a c urrent gas surplus and decli n i n g competing fuel prices. They s u g g e s t t h a t the m a r k e t s h o u l d a d j u s t g a s p r i c e s d o w n w a r d t o c o m p e n s a t e for t h e i n c r e a s e d s u p p l y a n d l e s s d e m a n d . B u t w e d o n o t h a v e a f r e e m a r k e t f o r n a t u r a l gas; p r i c e s a r e e s t a b l i s h e d a c c o r d i n g t o a f o r m u l a se t b a c k in 1978 d u r i n g c onference committee d e l i b e rations o ver the NGPA. The conferees 37 w e r e u n a b l e to f o r e s e e the fall o f the Shah, an i n i t i a l r i s e in o i l p r i c e s , the I r a n - I r a q War, an e c o n o m i c downturn, a n d a s u b s e q u e n t fal l in the r e a l w o r l d o i l p r i c e a n d in the p r i c e of a l t e r n a t i v e fuels. in n a t u r a l g a s at t he w e l l h e a d w o u l d A f ree m a r k e t have corrected a n d a d j u s t e d n a t u r a l g a s p r i c e s to t a k e into a c c o u n t e v e n t s just m e n t i o n e d . faul t e d , the If the f r a m e r s of the N G P A a r e t o be it is n o t for f a i l i n g to be o m n i s c i e n t , b u t for b e l i e v i n g t h a t a n y r i g i d s t a t u t o r y s y s t e m of p r i c e c o n t r o l s c o u l d i m p r o v e u p o n t he w o r k i n g s of a fre e w e l l h e a d m a r k e t for g a s supp l i e s , a n a l t e r n a t i v e w h i c h the c o n f e r e e s c o n s i d e r e d but rejected. Some gas distribution companies and pipelines have testified before Congress and federal agencies that lower a l t e r n a t i v e f uel p r i c e s , e s p e c i a l l y t h o s e for #6 r e s i d u a l oil, h a v e c o m b i n e d w i t h h i g h e r g a s p r i c e s m a n d a t e d b y the N G P A to r e d u c e or e l i m i n a t e g a s s a l e s to i n d u s t r i a l cons u m e r s . It is d i f f i c u l t to a p p o r t i o n b l a m e for a n y l o a d l o s s b e t w e e n the d e c l i n i n g o i l p r i c e a n d t he e c o n o m i c r e c e s s i o n . B u t in e i t h e r c a s e t h e e n d r e s u l t is t h a t c u s t o m e r s r e m a i n i n g o n t he s y s t e m f a c e h i g h e r c o s t s as t h e p i p e l i n e a n d d i s t r i b u t i o n c o m p a n i e s ' f i x e d c h a r g e s a re a p p o r t i o n e d a m o n g a s m a l l e r number of gas customers. 38 Other Reasons Why Gas Prices Are Increasing T h e r e a re s e v e r a l a n s w e r s to c o n s u m e r s ' q u e s t i o n s as t o w h y n a t u r a l g a s p r i c e s are p e r c e i v e d to be i n c r e a s i n g a t t h i s time. F i r s t is t h e c u s t o m e r s h r i n k a g e a n d the r e a p p o r t i o n m e n t of f i x e d c o s t s p h e n o m e n o n just d e s c r i b e d . In fact, the c o s t s o f g a s t r a n s m i s s i o n a n d d i s t r i b u t i o n h a v e b e e n risi n g, a n d a c c o u n t for m o r e t h a n o n e - h a l f o f t h e a v e r a g e r e s i d e n t i a l c o n s u m e r ' s bill, A n o t h e r r e a s o n f o r h i g h e r c o s t s is the n p r m a l d e p l e t i o n factor, a s old, l o w - p r i c e d r e s e r v e s a r e e x h a u s t e d a n d r e p l a c e d b y g a s f r o m new, h i g h e r c o s t reser v e s . About t e n p e r c e n t o f t he n a t i o n ' s g a s s u p p l y is d e p l e t e d a n d r e p l a c e d in t h i s f a s h i o n o v e r an a v e r a g e y e a r l y p e r i o d . A third factor is t h e i n c r e a s i n g U.S. r e l i a n c e u p o n i m p o r t e d g a s s u p p l i e s which, as explained above, constitute a high-priced component o f t h e n a t i o n ' s n a t u r a l g a s mix. P r i c e s f o r n a t u r a l gas at t h e w e l l h e a d d o i n c r e a s e u n d e r N G P A , b u t t h i s f a c t o r c o n t r i b u t e s to c u r r e n t p r o b l e m s t o a m i n o r extent. N G P A c o n t i n u e s to p r i c e m o s t n a t u r a l g a s at b e l o w a p p a r e n t m a r k e t - c l e a r i n g l e vels, a n d l i m i t s m o s t p r i c e e s c a l a t i o n s to t h e y e a r l y i n f l a t i o n level. Insofar as t h e N G P A r a i s e s g a s p r i c e s a b o v e t h o s e f o r m e r l y p e r m i t t e d b y t h e FPC, w e m u s t r e m e m b e r t h a t p r e v i o u s l o w p r i c e s r e s u l t e d in w i d e s p r e a d ^ a s s h o r t a g e s d u r i n g the 1 9 7 0 's. C o n g r e s s d e t e r m i n e d t h a t it w a s in th e n a t i o n a l i n t e r e s t t o r a i s e g a s p r i c e s a b o v e t h o s e l e v e l s in o r d e r to 39 e n s u r e a d e q u a t e s u p p l i e s for f u t u r e use. Of cour s e , to the e x t e n t t h a t a n y c u r r e n t n e w g a s p r i c e s do n o t r e f l e c t c u r r e n t m a r k e t c o n d i t i o n s , d e r e g u l a t i o n of all g a s w i l l r e l i e v e t h i s situation. We have already indicated that a b o v e m a r k e t c l e a r i n g p r i c e s p a i d f or some gas, e s p e c i a l l y i mports, s h o u l d d e c l i n e in r e s p o n s e to decontrol, Such market discipline benefits both consumers and gas p r o ducers in a s s u r i n g c o n t i n u e d g a s m a r k e t a b i l i t y at r e a s o n a b l e prices. I n t e r e s t i n g l y , the o n l y p r i c e s p e r c e i v e d b y some t o b e a b o v e m a r k e t c l e a r i n g l e v e l s w h i c h h a v e r e a c t e d to c u r r e n t m a r k e t c o n d i t i o n s are t h o s e p a i d for "deep" n a t u r a l gas. D e r e g u l a t e d d e e p g a s p r i c e s h a d r i s e n to l e v e l s of $ 1 0. 00 p e r Mcf, l e a d i n g s e v e r a l p i p e l i n e s to t r i g g e r " m a r k e t - o u t " c l a u s es , w h i c h e i t h e r r e d u c e t he p r i c e of t h i s g a s or e l i m i n a t e it f r o m the p i p e l i n e s u p p l y mix. T he r e c e n t a v e r a g e d e e p g a s p r i c e w a s $7. 5 3 p e r Mcf, a n d the t r e n d is t o w a r d s a f u r t h e r d e c l i n e in t h a t figure. An Admi n i s t r a t i o n Deregulation Initiative Will Have Our Support W e h a v e e x p l a i n e d at l e n g t h w h y d e r e g u l a t i o n of a l l n a t u r a l gas at t he w e l l h e a d r e p r e s e n t s a s u p e r i o r p o l i c y a l t e r n a t i v e . N G S A h o p e s t h a t the R e a g a n A d m i n i s t r a t i o n w i l l s o o n a n n o u n c e its s u p p o r t for a g a s d e r e g u l a t i o n i n i t i a t i v e d u r i n g t he 9 8 t h Congress. P a s s a g e of a c o m p r e h e n s i v e d e c o n t r o l p a c k a g e w i l l provide needed relief from gas market and price distortions c a u s e d b y n e a r l y t h i r t y y e a r s of f e d e r a l i n t e r v e n t i o n in t h i s area, W e a p p r e c i a t e the P r e s i d e n t ' s p a s t s t a t e m e n t s in 40 s u p p o r t of n a t u r a l ga s decontrol, H i s a s s i s t a n c e in g a i n i n g C o n g r e s s i o n a l a p p r o v a l of a d e c o n t r o l p r o p o s a l w i l l be v i t a l to t h e s u c c e s s of t h a t effort. P i e c e m e a l P r o p o s a l s W o u l d Be I n e f f e c t i v e or C o u n t e r p r o d u c t i v e Unfortunately, while decontrol represents the only a p p r o p r i a t e p o l i c y s o l u tion, C o n g r e s s i o n a l a n d p u b l i c c o n c e r n ha s l e d to t he c o n s i d e r a t i o n of o t h e r p r o p o s a l s w h i c h w e believe counterproductive. T h e s e fal l into t h r e e g e n e r a l areas: p r i c e freezes, d i r e c t e d c o n t r a c t a b r o g a t i o n , a n d i n d i r e c t a d m i n i s t r a t i v e r e g u lation. We will briefly discuss e a c h a p p r o a ch . Gas Price Freeze Legislation A l t h o u g h g a s p r i c e f r e e z e p r o p o s a l s r e p r e s e n t an e f f o r t t o h o l d d o w n c o n s u m e r p r i c e increa s e s , t h e y w o u l d h a v e n o e f f e c t o n m o s t f a c t o r s w h i c h h a v e c a u s e d an i n c r e a s e in g a s p r i c e s t o c o n s u m e r s , for s e v e r a l reasons. A w e l l h e a d p r i c e fr e e z e w o u l d h a v e no i m p a c t u p o n ma n y of the pre v i o u s l y m e ntioned factors which account for r e c e n t i n c r e a s e s in r e s i d e n t i a l g a s p r i c e s . First, a price freeze would not even touch a major portion of a r e s i d e n t i a l c o n s u m e r ' s n a t u r a l g a s bill. DOE reports t h a t o f t h e a v e r a g e S e p t e m b e r , 1982 r e s i d e n t i a l g a s b i l l o f $5.60, o n l y $2.53, o r 4 5 % , r e p r e s e n t s the c o s t o f g a s i t s e l f a t the w e l l h e a d , w h i c h w o u l d b e a f f e c t e d b y a g a s 41 p r i c e freeze. O v e r o n e - h a l f o f the r e s i d e n t i a l g a s b i l l c o n s i s t s of t r a n s m i s s i o n a n d d i s t r i b u t i o n char g e s , w h i c h h a v e a l s o i n c r e a s e d a n d w h i c h w o u l d be u n a f f e c t e d b y a p r i c e freeze requirement. If p r i c e f r e e z e l e g i s l a t i o n w e r e e n a c t e d , the r e s u l t i n g d e p r e s s a n t e f f e c t u p o n n a t u r a l gas production would actually increase gas prices to consumers as s h o r t a g e s d e v e l o p e d a n d c u r r e n t g a s c u s t o m e r s l e f t the system. S econd, p r i c e f r e e z e p r o p o s a l s do n o t liinit t he p r i c e p a i d for i m p o r t e d n a t u r a l g as a n d LNG, an i n c r e a s i n g l y i m p o r t a n t a n d h i g h - c o s t c o m p o n e n t of t he r e s i d e n t i a l n a t u r a l g a s bill. Third, a p o r t i o n of r e c e n t p r i c e i n c r e a s e s r e s u l t s f r o m the d e p l e t i o n of o l d gas r e s e r v e s a n d the r e p l a c e m e n t of t h i s g as w i t h new, h i g h e r - p r i c e d supplies. A price freeze w o uld not a l t e r t h i s n a t u r a l p r o c e s s of r e s e r v o i r d e p l e t i o n * w h i c h a u t o m a t i c a l l y l e a d s to an i n c r e a s e in g a s prices. F o u r t h , N G P A - m a n d a t e d i n c r e a s e s in g a s p r i c e s t h e m s e l v e s are t he r e s u l t of a C o n g r e s s i o n a l d e t e r m i n a t i o n t h a t F P C - i m p o s e d r a t e s p r e v i o u s t o 1978 w e r e t o o l o w a n d c o n t r a r y t o t he n a t i o n a l int e r e s t . H i g h e r p r i c e s w e r e a l l o w e d f or c e r t a i n g a s t o e n c o u r a g e its p r o d u c t i o n a n d e l i m i n a t e g a s s h o r t a g e s . And in m a n y instances gas prices remain a bargain. According to D O E statistics, last year domestically p r o d u c e d gas sold at the we l l h e a d at an average cost (on an o i l e q u i v a l e n t b asis) 42 of l e s s t h a n 3 0 < 7 gallon. The d e l i v e r e d c o s t of n a t u r a l g a s t o the a v e r a g e r e s i d e n c e is o n l y 2/3 t h a t of h e a t i n g oil, a n d 1/4 t h a t of e l e c t r i c i t y , o n an e q u i v a l e n t e n e r g y c o n t e n t b asis. T h i s is the r e s u l t of our h a v i n g r e g u l a t e d n a t u r a l g a s for so l o n g at l e v e l s far b e l o w its t r u e worth. It s h o u l d c o m e as n o s u r p r i s e that, as p e r m i t t e d b y law, t h e a v e r a g e p r i c e of gas in the f i e l d c o n t i n u e s to increase. Temporary price freeze legislation would make m uch more difficult the i n e v i t a b l e a n d n e c e s s a r y a d j u s t m e n t to t he laws of s u p p l y a n d d emand. P e r h a p s the m o s t s e r i o u s c o n s e q u e n c e of a p r i c e f r e e z e w o u l d b e its i m p a c t o n i n t e r m e d i a t e a n d l o n g - t e r m s u p p l i e s a v a i l a b l e to c o n s u m e r s 3-5 y e a r s f r o m n o w a n d a f t e r w a r d s . C u r r e n t g a s e x p l o r a t i o n a n d d e v e l o p m e n t p r o g r a m s are b a s e d u p o n p r i c e s set o u t in the NGPA, c o u p l e d w i t h the e x p e c t a t i o n o f n e w g a s d e c o n t r o l in Jan u a r y , 1985. If t h o s e e x p e c t a t i o n s are destroyed, exploration and development programs will be s h a r p l y r e d u c e d , w i t h o b v i o u s i m p a c t u p o n g a s sup p l i e s . W e e x p e c t t h a t l e g i s l a t i o n o f t h e t y p e some a r e p r o p o s i n g — a two-year we l l h e a d price freeze and a two-year delay of the p a r t i a l d e c o n t r o l s c h e d u l e d u n d e r c u r r e n t l a w f or 1 9 8 5 — w o u l d r e s u l t in a v e r y s i g n i f i c a n t l o s s o f d o m e s t i c a l l y - p r o d u c e d n a t u r a l gas. Imported oil and imported natural gas w o u l d h a v e t o b e s u b s t i t u t e d fo r t h i s f o r e g o n e p r o d u c t i o n . Any t e m p o r a r y r e l i e f f o r n a t u r a l g a s c o n s u m e r s t h u s r e s u l t s in 43 i n c r e a s e d p r i c e s for c o n s u m e r s of gas, h e a t i n g oil, m o t o r g a s o l i n e and o t h e r r e f i n e d p r o d u c t s . Legislative Contract Abrogation A s e c o n d g r o u p of p r o p o s a l s w o u l d a b r o g a t e or r e s t r i c t the o p e r a t i o n of c o n t r a c t u a l p r o v i s i o n s suc h as t a k e - o r - p a y an d p r i c e e s c a l a t o r c l a uses. N a t u r a l Ga s S u p p l y A s s o c i a t i o n a d d r e s s e s in d e t a i l the c u r r e n t a n d t r a d i t i o n a l i m p o r t a n c e o f t h e s e p r o v i s i o n s o f a ga s s a le s c o n t r a c t in a t t a c h m e n t s to m y t e s t i m o n y w h i c h s h o u l d p r o v i d e c o m m i t t e e m e m b e r s w i t h a full e x p l a n a t i o n of o u r p o s i t i o n on t h i s i m p o r t a n t matter. The t a k e - o r - p a y p r o v i s i o n s in n a t u r a l g a s s u p p l y c o n t r a c t s h a s b e e n b l o w n w a y o u t of p r o p o r t i o n . Energy Secretary Donald H o d e l r e c e n t l y s t a t e d t h a t b a s e d o n d a t a f r o m t h e D O E staff, t a k e - o r - p a y p r o v i s i o n s h a v e h a d n o m o r e t h a n a 4% i m p a c t o n r e s i d e n t i a l prices. He s t a t e d t h a t t h e t a k e - o r - p a y p r o b l e m "is n o t a p r o b l e m o f n a t i o n a l scope b u t r a t h e r a p r o b l e m s p e c i f i c to i n d i v i d u a l p i p e l i n e c o m p a n i e s " F e d e r a l L a n d s , D e c e m b e r 27, 1982, p. 5). (Inside E n e r g y / W i t h M o r e o v e r , it s h o u l d be r e m e m b e r e d t h a t l e n d e r s an d i n v e s t o r s h a v e a d v a n c e d b i l l i o n s of d o l l a r s to m a j o r p r o j e c t s in r e l i a n c e o n a g r e e m e n t s c o n t a i n i n g t a k e - o r - p a y o r m i n i m u m - b i l l cla u s e s . Financial i n s t i t u t i o n s h a v e r e l i e d on t h e s e p r o v i s i o n s a s c r e d i t s u p p o r t for f u t u r e g a s p r o j e c t s a c c o r d i n g t o J a c o b W o r e n k l e i n , a p a r t n e r in t h e N e w Y o r k C i t y l a w f i r m o f M i l l b a n k T w e e d (Inside E n e r g y / W i t h F e d e r a l L a n d s , O c t o b e r 11, 1982, p. 7) a n d t o J o h n R. T o r e l l III, P r e s i d e n t o f M a n u f a c t u r e r s H a n o v e r T r u s t C o m p a n y (BNA D a i l y R e p o r t for E x e c u t i v e s , N o v e m b e r 12, 1982, p. A - 1 6 ) . I s h o u l d a l s o n o t e t h a t C ong. P h i l i p R. S h a r p o f I n d i a n a 44 recently requested and received responses by pipeline companies and producers on their efforts to renegotiate contract provisions. In a r e p o r t b y the sta f f t o t h e m e m b e r s of the E n e r g y a n d C o m m e r c e C o m m i t t e e d a t e d J a n u a r y 27, 1983, the s t a f f r e p o r t e d t h a t a s i g n i f i c a n t a m o u n t of d i s c u s s i o n h a s a l r e a d y t a k e n p l a c e w i t h r e s p e c t to t a k e - o r pay obligations and that several producers have reported t h a t t a k e - o r - p a y r e n e g o t i a t i o n s h a v e b e e n c o m p l e t e d to r e d u c e t he t e r m s of t a k e - o r - p a y clauses. B r i e f l y , h o w e v e r , a t a k e - o r - p a y c l a u s e g u a r a n t e e s the p r o d u c e r a c o n t i n u i n g c a s h f l o w o v e r w h a t m a y be a r e l a t i v e l y l o n g c o n t r a c t p e r i o d. In r e t u r n the p i p e l i n e r e c e i v e s an a s s u r e d s u p p l y o f g a s o v e r t h e sam e p e r i o d . Without a take-or- pay provision a producer has no guarantee that a pipeline will a c t u a l l y t a k e — a n d p a y for — g as v o l u m e s w h i c h , b y c o n t r a c t , c a n o n l y b e s o l d to t h a t p u r c h a s e r . In short, t h e y g u a r a n t e e the p r o d u c e r tha t he w o n ’ t be a s k e d to stor e g a s f r e e f or t h e pip e l i n e ' s account, e l iminating his cash flow from the shut-in g a s at u n f o r e s e e a b l e int e r v a l s . If a p i p e l i n e p a y s for g a s w h i c h it d o e s n o t take, m o s t c o n t r a c t s a l l o w for a f i v e - y e a r m a k e - u p p e r i o d , w h e n t h e p r e p a i d g a s c a n b e t a k e n at l i t t l e o r n o a d d i t i o n a l c h a r g e , d e p e n d i n g u p o n i t s m a r k e t value. C o n s u m e r s a r e n o t c h a r g e d for p r e p a y m e n t s u n t i l t h e g a s is a c t u a l l y d e l i v e r e d ; i n t e r e s t c o s t s o n t h e a m o u n t b o r r o w e d to c o v e r t he p r e p a y m e n t m a y b e p a s s e d - t h r o u g h , 45 however. T he c h a r a c t e r a n d e x t e n t of the t a k e - o r - p a y o b l i g a t i o n s in a ny g i v e n n a t u r a l g a s c o n t r a c t d e p e n d u p o n m a r k e t c o n d i t i o n s w h e n the c o n t r a c t w a s n e g o tiated. Certain legislative proposals w o uld impose a strict r e q u i r e m e n t t hat t he p i p e l i n e t a k e s e r i a t i m its g a s in a s c e n d i n g o r d e r of cost, l e a v i n g m o r e e x p e n s i v e g a s s h u t - i n if s u r p l u s to the p i p e l i n e ls c u r r e n t market requirements. In the m e a n t i m e , t h i s gas w o u l d be u n a v a i l a b l e for sale to o t h e r buyers. In s u r p l u s m a r k e t c o n d i t i o n s like t h e p r e s e n t , th i s c o u l d e l i m i n a t e m o s t if n o t all p r o d u c t i o n o f d e e p a n d t i g h t s a n d s gas, a n d c u r t a i l p r o d u c t i o n o f s u b s t a n t i a l v o l u m e s o f s t r i p p e r - w e l l g a s a n d g as f r o m n e w wells. T h i s w o u l d l e a d to an i n e v i t a b l e d e c l i n e in g a s e x p l o r a t i o n a n d p r o d u c t i o n , w i t h an i n c r e a s e d p r o b a b i l i t y of g a s s h o r t a g e s o n c e the e c o n o m y r e c o v e r s . P r o d u c e r s e x p e r i e n c i n g 100% shut- ins w o u l d b e u n a b l e t o s e r v i c e t h e i r debts, r e s u l t i n g in s u b s t a n t i a l d e f a u l t s o n h u n d r e d s of m i l l i o n s o f d o l l a r s in o u t s t a n d i n g loans. The economic implications are obvious. In a d d i t i o n , l e g i s l a t i v e a b r o g a t i o n of t a k e - o r - p a y requirements presents a constitutionality question which would b e e x t e n s i v e l y l i t i g a t e d in t h e courts. A challenge, regardless o f t h e e v e n t u a l r e s u l t , w o u l d t a k e y e a r s to w o r k its w a y t h r o u g h t h e c o u r t sys t e m . 21-496 0 - 8 3 U During this period, unc e r t a i n t y will continue 46 t o p l a g u e t h e p r o d u c t i o n i n d u s tr y, r e s u l t i n g i n a s h a r p r e d u c t i o n i n d r i l l i n g act i v i t y . A d d i t i o n a l l e g i s l a t i v e p r o p o s a l s w o u l d i n t e r d i c t t he o p e r a t i o n of p r i c e e s c a l a t o r c l a u s e s , w h i c h are a l s o o f c u r r e n t a n d t r a d i t i o n a l i m p o r t a n c e i n t h e n a t u r a l gas i n d u s t r y . Price e s c a l a t o r c l a u s e s f u r t h e r the p u b l i c i n t e r e s t b y g u a r a n t e e i n g p r o d u c e r s a p r i c e g e n e r a l l y r e f l e c t i v e of m a r k e t v a l u e o v e r the course of a long-term contract. Historically, the operation of these clauses has been severely limited— sometimes to their exclusion— by federal regulatory authorities. However, p r o d u c e r s r e l y u p o n t h e s e c l a u s e s t o g u a r a n t e e r e c e i p t o f at l ^ a s t the h ighest r e gulated gas rate allowed by federal regulations. A g a i n , t h i s p r i c e is u s u a l l y w e l l b e l o w m a r k e t v a l u e . In r e t u r n f o r t h e p r i c i n g c l ause, p r o d u c e r s h a v e b e e n w i l l i n g t o e n t e r i n t o l ong-term contracts w h i c h are necessary to a pipeline's obtaining financing and mee t in g future service obligations. In the absence of legislative tinkering, producers a n d p i pelines wi l l act to mit i g a t e the adverse impacts of any p r o v i s i o n in existing contracts. Recent submissions b y p r o d u c e r s t o the House Fossil Fuels Subcommittee indicate that r e n e g otiation of problematic take-or-pay requirements has occurred where necessary to relieve economic hardship of pipeline purchasers. N e w contracts will, of course, refl e c t changed m a r k e t conditions. F o r example, recent gas contracts usually contain marke t- ou t 47 clauses and lower take o b l i g a t i o n s , emphasizing a perce i v e d n e e d o n t he p a r t of gas b u y e r s to r e d u c e t h e i r e x p o s u r e t o h i g h - c o s t c o m p o n e n t s of t h e i r gas supply. Indirect Administrative Regulation A v a r i a t i o n of' t he " d i r e c t e d take" gas r e q u i r e m e n t a p p e a r s i n b i l l s w h i c h s e e k to e n l a r g e t he a u t h o r i t y o f t h e F E R C to r e v i e w t h e p u r c h a s e p r a c t i c e s o f n a t u r a l g as p i p e l i n e s . T h e C o m m i s s i o n w o u l d b e g i v e n th e a u t h o r i t y t o l i m i t o r d e n y p a s s t h r o u g h o f p u r c h a s e d gas c o s t s w h e r e the p i p e l i n e gas purchase contracts contain certain common pricing or take provisions. The N G S A opposes these indirect efforts for the same r e a s o n s I m e n t i o n e d i n c o n n e c t i o n w i t h the d i r e c t p r o p o s a l s to i n t e r f e r e w i t h t h e s e cla u s e s : s u c h i n t e r f e r e n c e w o u l d i m p a i r the producer's expec t e d revenue stream, create uncertainty and possible collapse in the investment and lending c o m m u n i t i e s , and have a chilling effect on further exploration and development p r o g r a m s t h a t a r e n e e d e d t o p r o v i d e g as f o r t he f u t ure. F o r example, some of the proposals, including one o f f e r e d b y C h a i r m a n J e p s e n , w o u l d a d d a d e f i n i t i o n o f t h e t e r m " a buse" a s i t i s u s e d i n s e c t i o n 601 o f t h e N G PA. Abuse w ould include i m p r udence o n the p a r t of a pipeline and the p r e s e n c e in any 48 existing contract of a provision w h i c h mater i a l l y prevents the pipel i n e from responding to changes in customer d e mand or o t h e r m a r k e t forces. The presence of a take-or-pay percentage g r e a t e r t h a n 70 p e r c e n t , an i n d e f i n i t e p r i c e e s c a l a t o r c l a u s e n o t t i e d t o an e c o n o m i c i n d i c a t o r , o r a m o s t - f a v o r e d ^ n a t i o n clause, or the absence of a m a r k et-out clause would, un d e r the b i l l , c r e a t e a r e b u t t a b l e p r e s u m p t i o n o f abuse. T h i s t y p e o f p r o p o s a l w o u l d a l l o w the F E R C t o d e n y a p i p e l i n e p a s s t h r o u g h o f gas c o s t s b e c a u s e a c o n t r a c t m a y h a v e b e e n negotiated and signed several years before this legislation w a s p r o p o s e d o r b e f o r e t h e p a s s t h r o u g h in q u e s t i o n w a s challenged. I n t h e f a c e o f t h is p o s s i b l e s e c o n d - g u e s s i n g b y C o n g r e s s a n d t h e F E R C , the p i p e l i n e m a y h a v e n o a l t e r n a t i v e b u t t o a t t e m p t t o a v o i d t h e o b l i g a t i o n s in h i s c o n t r a c t w i t h t h e producer. O n t h e o t h e r h a n d , if the p i p e l i n e c o m p l i e s w i t h t h e t e r m s o f t he c o n t r a c t , C o m m i s s i o n d e n i a l o f p a s s t h r o u g h , p r e s u m a b l y o n l y after notice and hearing, m ay occur months after the pipeline has p a i d the producer. In effect, a substantial p o r t i o n o f the payments made to producers w ou l d be subject to possible recoupment d emands b y the pipelines. This revenue uncertainty w o u l d create the same type of cash flow and financing difficulties inherent in the price freeze proposals which I discussed earlier. There c ould be n o price c e r t a i n t y , because the rate p ro ceedings w o u l d d r a g o n f o r years. The uncertainty and any denials of p a s s t h r o u g h w o u l d a d v e r s e l y a f f e c t s u p p l y and, u l t i m a t e l y , p r i c e s . 49 F o r t h e s e i m p o r t a n t r e a s o n s the N G S A d oes n o t b e l i e v e the p roposed limitations on pipeline passthrough p r e sent a w o r k a b l e s o l u t i o n to t he m a n y p r o b l e m s t h a t e x i s t i n t h e n a t u r a l g as indus t r y, a l t h o u g h w e a p p r e c i a t e the g e n u i n e c o n c e r n a b o u t c u r r e n t n a t u r a l g as p o l i c y e x p r e s s e d b y t h e sp o n s o r s , i n c l u d i n g the C h a i r m a n o f t h i s C o m m i t t e e . Conclusion N G S A r e c o g n i z e s t h a t t h e r e is a n e e d to f i n d a w o r k a b l e s o l u t i o n to t he n a t u r a l gas p r o b l e m s f a c i n g t h e n a t i o n . We a l s o r e c o g n i z e t he s e r i o u s a n d l e g i t i m a t e c o n c e r n s o n the part of m a n y m e m b e r s of the Congress w h i c h have p r ompted them to propose immediate relief for residential natural gas c ons u m e r s . Enact m e n t of piecemeal solutions to this m o s t complex problem, e v e n f o r a s h o r t time, c o u l d r e s u l t i n m o r e , n o t less, d a m a g e to the nation's consumers and to the industry that has b e e n b u i l t to s u pply t hem w i t h this commodity. T h e n a t u r a l gas issue presents complex problems affecting pipeline companies, d i s t r i b u t i o n c o m p a n i e s , large, m i d d l e - s i z e d a n d s m a l l p r o d u c e r s , the F e d eral Energy Regulatory Commission, state r egulatory c o m m i s s i o n s , i n d u s t r i a l u s e r s as w e l l as r e s i d e n t i a l c o n s u m e r s . The present law was enacted after months and months of consideration of the ma n y aspects of this complex puzzle. 50 The N G S A firmly believes that the present market situation c o m p e l s us t o r e p l a c e t h e N G P A w i t h a c o m p r e h e n s i v e l e g i s l a t i v e p a c k a g e c e n t e r e d a r o u n d d e r e g u l a t i o n o f all n a t u r a l gas p r i c e s at the wellhead. C u r r e n t m a r k e t c o n d i t i o n s s u g g e s t t h a t w e ca n n o w o b t a i n the s i g n i f i c a n t l o n g - t e r m b e n e f i t s o f d e c o n t r o l w i t h m i n i m a l s h o r t - t e r m impact. W e hope this Committee w i l l j o i n us i n t h e c o n c l u s i o n t h a t w e l l h e a d d e r e g u l a t i o n is t h e p o l i c y w h i c h best serves the consumer's long-term interests. 51 ATTACHMENT "A" A C T I V E C A N A D I A N GAS P R O J E C T S Purchasing Company Service Area (By State or Census Region) Canadian Supplier Great Lakes Gas Trans mission Co. Minnesota, Michigan TransCanada Pipelines Ltd. Inter-City Minnesota Pipelines Ltd. Northern Minnesota Michigan Wisconsin Pipeline Co. 1981 Imports (Bcf ) Remaining Volumes Under NEB License (Bcf) 92.7 1,301.3 ICG Trans mission Ltd. 5.5 122.9 E.North Central W.North Central TransCanada Pipelines Ltd. 13.2 172.6 Midwestern Gas Trans mission Co. (Northern System) Minnesota, North Dakota, Wisconsin TransCanada Pipelines Ltd. 101.1 850.8 Northern Natural Gas Co. E.North Central W.North Central Mountain Consolidated Natural Gas Ltd. 25.0 372.8 237.5 2,820.4 TOTALj 52 ATTACHMENT "BM NEWLY OPERATING CANADIAN GAS PROJECTS Purchasing Company Service Area (By State or Census Region) MichiganWisconsin Pipeline Co. E.North Central W.North Central Canadian Supplier ProGas Ltd. Startup Date Contract License Expiration Date Max. Potential Imports Per Year Total Volume under NEB Licens (Bcf) Fall, 1982 1987 27.4 150.5 W.North Central Northern Natural - . E.North Central Gas Co. — ' PanFall, Alberta 1982 Gas Ltd. 198 7-/ 73.0 N.A. Northern Natural Gas Co. W.North Central E.North Central Consoli- Fall, dated 1982 Nat. Gas Ltd. 1987 41.6 373.0 Natural Gas Pipeline Co. of America W.North Central E.North Central ProGas Ltd. 1987— 27.4 150.5 TOTAL: Fall, 1982 169.4 II Start-up date represents the earliest date that importing can occur according to the contract and the projected completion date of the construction of the transportation related facilities. 2/ Canadian gas is first sold to the Northwest Alaskan Pipeline Co. and then resold to the U.S. companies. 3/ Approval is being sought that will increase deliverability or extend the time frame of the license. N.A. 53 A t t a c h m e n t 1 to N G S A T e s t i m o n y TAKE-OR-PAY Just suppose that you own a bakery. You've Invested in ovens, signed a lease for a building and hired employees. And suppose somebody offered to have the exclusive right to buy bread from .you for 20 years and to pay you the going price for each loaf he bought. There 1s one little problem: he could give you no assurance that he would buy any particular number of loaves. Would you take his deal? Of course not. Just as a baker needs an assured market for his bread in exchange for tying up his output for 20 years, a gas producer needs enough assurance of a steady cash flow to meet his obligations to bankers, suppliers and employees. The mechanism that has evolved to do this 1s the take-or-pay provisions in gas contracts. Now, take-or-pay provisions have come under heavy attack 1n some quarters as being "against the public Interest" and causing market disordering problems. In reality, the public is well served by these provisions, since they encourage long term stability of supplies and rational price planning and offer a cheaper alternative to storage by pipelines. Actually, the term "take-or-pay1' 1s misleading; 1t really should be "take-or-prepay." delivered later. That is, a prepayment 1s made today for gas to be The make up feature of take-or-pay has been largely ignored 1n recent discussions of natural gas Issues. In the early years of the gas Industry, there was no need for takeor-pay provisions. Gas was a comparatively valueless by-product of oil production, and 1t was sold whenever a market happened to be available, usually to a nearby gasoline plant. But with the advent of large diameter, 54 long distance pipelines and greater demand for gas, gas itself could be explored for, developed and produced as a valuable commodity. With gas as the major product on a lease, it had to carry the burden of all of the costs of explora tion and production; and for this there was a real need for a steady, reliable flow of income to the producer. Take-or-pay was the method which buyers and sellers developed to achieve this. Next to the pricing provisions, the most important provisions of a gas sales contract are those which specify the quantity of the gas to be purchased. The producer wants to sell his gas as rapidly as his wells will produce it and the pipeline can take the gas into Its facilities. Hence, he tries to contract to require the buyer to take as high a percentage of the capacity of his wells to deliver gas as he can. During the shortage period in the late 1970's, pipeline buyers, who needed more gas than they could buy and were curtailing their customers, were willing to sign long-term contracts providing for high percentage “takes" from the producer. In many cases the producers drilled additional wells to enable the gas to be produced at a more rapid rate to meet the urgent pipeline demand. From the viewpoint of the pipeline, 1t 1s desirable to get as many gas reserves contracted to the pipeline as possible in order to protect the long-term supply security of the pipeline and Its customers. be considered with — or balanced against — the current demands of its customers. That need must the short-term need to meet all Thus, the pipeline buyer must adjust Its gas purchase program to continually assure Its long-term supply, while at the same time assuring itself that it has enough gas to meet all of Its customers* demands, but not too much gas $o that It would be found to violate the "take" or quantity provisions of Its contracts with Its various producers. 55 The take-or-pay requirements of his contract are the producer's only protection against predatory buying practices of a pipeline, which could, absent this provision, tie up a producer's reserves under a long-term contract and then refuse to permit their production by refusing to take the gas into its system. This was the very practice that the clause was initially designed to prevent. After all, in most cases there are not too many potential buyers close enough to offer to purchase a new gas supply. It is important to keep in mind that in talking about "producers" or "sellers" we are not talking about a single company or even a small group of companies. Instead, pipelines buy from thousands of producers and have individual contracts with each one. It would not be fair, logical, or “in the public interest" for a pipeline to favor one producer over another, taking one person's gas while leaving another's in the ground. In fact, 1f two or more producers are selling gas from the same reservoir, the gas will move underground through the rock to the wells which are producing — and away from wells which are shut-in. This means that the producer whose wells are not producing can actually have his gas drained away by another producer whose wells are producing. Furthermore, a producer, especially a small producer,• needs a steady Income from his wells 1n order to pay his fixed costs, operating costs and taxes. In many instances, the steady income from existing production provides the collateral on which a producer borrows money to continue to drill wells to explore for and develop new gas. It Is assumed that the existence of a take-or-pay provision 1s solely for the benefit of the seller. keeping an assured supply. But,»a buyer has a real Interest 1n Without take-or-pay, long term contracts for gas 56 supplies would be rare, leaving buyers with the inability to finance pipelines and attract markets. And the level of take-or-pay will in part determine the number of wells to be drilled on a lease and the size of surface facilities to be installed, which in turn affect the volume of gas available to the purchaser on any given day. A take-or-pay provision is designed to meet the needs of both the producer and the pipeline. It provides that the buyer must take a minimum quantity of gas, on a daily, monthly, or annual basis, but, if he does not take this quantity of gas, he must pay the producer as 1f he had taken it. This does not mean that the pipeline pays more money for less gas. The reason 1s that the pipeline has a right to "make up" the deficiencies in takes, either at no cost or by payment of a small price differential 1f the price of the gas has increased between the time the payment is made and the gas 1s taken into the system. Thus, in the normal course of events, the pipeline is able to operate its system with necessary flexibility, Increasing or decreasing its takes as demands of Its customers vary, because of weather conditions, economic changes, etc. The producer receives a steady minimum Income to meet his oper ating costs, taxes and other obligations. And the pipeline's customers only see the carrying charges on take-or-pay amounts, not the full amounts paid, in their rates. We can speculate what the gas Industry might be like without take-or-pay provisions. Since take-or-pay 1s a trade-off for long term commitments, producer/pipeline contracts would be significantly of shorter duration. Surely there would be a major change 1n pipeline financing, re quiring more equity participation, shorter? amortization periods and, presumably, higher rates to offset the greater risks of loss of gas supply. Producers 57 could be expected to develop properties more slowly and perhaps to demand higher prices In return for the uncertainties of cash flow. Short-term, spot sales could lead to shortages on one pipeline system with adequate supplies 1n others. In short, chaos could supplant stability — and the consumer 1s the loser. One of the early methods used to set the amount of take-or-pay was to relate the amount to be taken or prepaid (the dally contract quantity or DCQ) to the amount of original recoverable reserves covered by the contract. Thus, a DCQ of one Mcf per day for each 10,000 Mcf of reserves would theoreti cally deplete the reserves in about 27 years. The 1:10,000 formula in time gave way to 1:8,000 (22 years) and 1:7,300 (20 years). Other reserve based formulas were used as well. But problems developed in basing average daily takes on reserves. One was the Inexact nature of reserve estimation; engineers of buyers and sellers often disagreed on just what the recoverable reserves were. times, arbitration was the only way to resolve differences. Some In any event, having to agree on reserves every year or two resulted in an Inefficient use of technical personnel. Of even greater significance was the need of pipelines, not so much for long-term supplies (which were sorely needed, too), but for gas Immediately to serve their markets. But the Interstate pipelines, unable to compete for new supplies in price, found they were able to compete by offering higher take-or-pay levels. What then developed was a switch from reserve-based take-or-pay levels to a method which gave buyers more gas and sellers more cash for development. That was the use of a percentage of daily gas deliverability to establish the DCQ level. Deliverability 1s easily determined and redetermined 58 by actual tests, not by estimation, an advantage 1n time and manpower to both buyers and sellers. The actual percentage to be used was negotiated by the parties, and 1t has varied extensively depending on many factors, including the number of wells to be drilled, the size of optimum surface facilities, the capacity of the buyer's pipeline and the buyer's need for gas. the percentage ranged from a low of 33-1/3% to a high of 90%. average percentage was probably around 80%. In general, The weighted The time over which the take-or-pay obligation was to be met was sometimes a day or a month but most frequently a year. The time for make up also varied, but, since the FPC mandated at least a five-year make up for sales under the Natural Gas Act, the five-year make up term spread to intrastate sales as well. term of the contract — Make up over the remaining and sometimes beyond that — was not infrequent, however. Problems are now being experienced by some pipelines because the two objectives of the pipeline purchaser find themselves 1n conflict with each other. Many pipelines are experiencing a "deliverability surplus" due to the fact that the demands of their customers are less than the pipelines anticipated due to the economic recession and the reduction 1n prices of fuel oil, which competes with gas 1n many markets. At the same time, these pipelines have a continuing need to buy gas to meet their long-term needs, 5 to 15 years from now. Thus, pipelines are Increasingly finding themselves potentially liable under the take-or-pay provisions of their contracts to pay for gas which they cannot currently take Into their systems. This fact is not a cause for panic or precipitous or 111-considered Congressional action. The operations of the Industry and the clauses themselves will correct this problem, 1f 1t 1s a problem, over a fairly short period of time. This 1s so, because: 59 1* The make up provisions of the gas sales contracts will allow the pipelines to receive gas supplies which they have paid for in the future, at a time more convenient to the pipeline. 2. The buying practices of the pipelines in new contracts will reflect the surplus deliverability situation, and the new contracts will have lower percentage take requirements and more liberal make up clauses than earlier contracts. In extreme situations, the pipeline may simply suspend new purchases until some of the take-or-pay balances are made up. 3. If situations become too extreme, producers will renegotiate these requirements on an individual contract basis to avoid pipeline hardship. 4. In any event, any problem that exists will disappear when the nation's economy revives. Much of the criticism of the take-or-pay clause comes about because of the many different prices at which natural gas, a fungible and homogeneous commodity, is sold. This 1s true, not because of the contracting practices of producer and pipeline, but because of federal regulation. Prices paid for gas 1n the various NGPA categories vary widely, from 45 cents per MMBtu to over $9.00. These prices vary between fields, between producers, and between individual wells -- and sometimes even in the same well. It is Inevitable in such a system that, at times, seme 45 cent gas will be shut-in (and paid for) while more expensive gas 1s purchased by the same pipeline due to contract obligations and system demands and pressures. This 1s not done because the pipeline wants to pay'more for Its gas supply; on the contrary, It wants to do just the opposite In order to conserve its 60 markets, meet regulatory objections, etc. But the pipeline cannot arbitrarily shut-in some fields because they are high priced, or for any other reason and produce others. It must meet its contract obligations in each field with each different producer. The solution to the problem is not, as some suggest, to "tinker" with a single part of the contracts entered into between the producer and pipeline. Rather it is to abolish, or reduce, the artificial and meaning less price differentials imposed by law and regulation upon gas from varying "vintages," sources and sellers. Over the years, there have been some suggestions that the use of take-or-pay provisions, freely negotiated to suit the needs of buyers and sellers, was somehow improper. Indeed, the Federal Power Commission twice considered the desirability of take-or-pay provisions. In each case, t?ie FPC concluded that such provisions were necessary in the industry and that the level of take-or-pay was to be best left to the parties to a contract. Again today, take-or-pay (without mentioning the make up related to it) is being blamed for the perceived ills in gas markets. With demand for gas reduced because of general economic conditions, take-or-pay provisions will work to do exactly what they were designed to accomplish — they give producers assured cash flows, provide a cheap alternative to storage by pipelines, and provide a cushion of prepaid gas for make up when the pipelines need it. Notwithstanding contractual take-or-pay obligations, individual sellers are reaching accommodations with their buyers 1n relaxing those provisions. This 1s being done in recognition of the unique circumstances in today's marketplace. This 1s clear evidence that, just as price signals are being received by producers about Interfuel competition, demand signals are being read. The free operation of market forces 1s working — working far better than a legislative "solution" to a non-existent take-or-pay problem. 61 A t t a c h m e n t 2 to N G S A T e s t i m o n y INDEFINITE PRICING PROVISIONS IN A GAS SALES C ON TR AC T A. Introduction Indefinite pricing provisions have been an i nt egral pa rt of m o s t gas sales co ntracts from the i n c e pt io n of the industry. Indefinite pricing clauses provide a m e c h a n i s m for b u y e r s and sellers to a d j u s t the p r ice of the g a s t o v a r i a t i o n s in its m a r k e t v a l u e o v e r t h e d u r a t i o n o f a long-term (15-20 y e a r s o r m o r e ) gas sales contract. R e c e n t l y these p ro vi si on s have come u n de r attack. Th e r a t i o n a l e for and o p e r a t i o n of these d i v e r s e c o n t r a c t p r o v i s i o n s are not, u n f o r t u n a t e l y , w e l l u n d e r s t o o d o utside the natural gas industry. It is t h e r e f o r e i m p o r t a n t to clearly understand: 1. W h a t a n i n d e f i n i t e p r i c i n g c l a u s e is, a n d w h y it has long b e e n a s ta ndard feature of gas sales contracts. 2. The various types of indefinite pricing c l a u s e s in e x i s t e n c e and the r e l a t i v e m e r i t s and d i s a d v a n t a g e s of each. 3. The political history of such clauses and the d e c i sions of the U nited States Supreme Court, Circuit C o urts and State Courts interpreting and enforcing such clauses. 21-496 0 83 5 62 B. The Rationale Behind The Indefinite Pricing Clause W it h the cons tr uct io n of m aj o r interstate pipelines, v a s t n e w m a r k e t s for na t u r a l gas w e r e developed. W i t h t h e i n c r e a s e d d e m a n d f o r gas, a v e r y s i g n i f i c a n t c h a n g e occurred. C o n t r a c t s f o r g a s w e r e b e i n g w r i t t e n f or m u c h longer terms than before, often for at least twenty years a n d s o m e t i m e s m u c h l o n g e r , as in t h e c a s e o f c o n t r a c t s c o v e r i n g the p r o d u c i n g life of a p r o p e r t y w h i c h c o uld last fifty or m ore years. This change to extremely long-term c on tracts was n e c e ss it at ed by the need for si gn ificant capital to finance these new interstate pipeline systems. To obta in the n ec es sa ry permits, certificates, and approvals, the FPC Exchange Commission (now t h e F E R C ) , t h e S e c u r i t i e s a n d (SEC), and the investment bankers who w e r e p r o v i d i n g the m o n e y ha d to be c on vinced that suffici en t v o l u m e s of gas w er e commit te d to the p r o j e c t to satisfy the p i p e l i n e ' s ma r k e t demand, amortize its indebtedness, and provide a reasonable expectation of profit. Both the regulatory agencies and the pipeline companies' bond buyers i n s i st ed up on firm lon g- te rm contr ac ts for es ta b l i s h e d v o l u m e s of gas for the full t e r m o f the b o n d e d indebt e d n e s s . Thus, in o r d e r to sell hi s gas to the b u r g e o n i n g i n t e r s t a t e narket, the p r o d u c e r w a s forced to a c q u i es ce in c on tr ac ts o f long duration. 63 A f t e r the Supreme Co u r t d e c i s i o n in the Sunr a y case, 1 / the c o m m i t m e n t of gas to an inters t a t e p i p e l i n e u n d e r the N a t u r a l Gas Ac t of 1938 (NGA) b e c a m e , f or p r a c t i c a l p u r p o s e s , a c o m m i t m e n t f o r th e l i f e o f t h e r e s e r v e s , r e g a r d l e s s o f t h e t e r m o f t h e c o n t r a c t , as auth or it y was requir e d to be g ranted by the Federal Power Commission (FPC) u n d e r S e c t i o n 7b o f t h a t A c t b e f o r e t h e " s e r v i c e " c o u l d b e " a b a n d o n e d . "2/ A s t h e F P C r e f u s e d , as a m a t t e r of practice, to grant such authority u nt il the res e r v e s w e r e depleted, a sale to an int e r s t a t e p i peline b e c a m e e f f e c t i v e l y a s a l e f o r t h e l i f e o f t h e field, e v e n though new contract terms could be negotiated w hen the term of the contract expired. Be ca us e of the b asic req ui re me nt for a lo ng-term contract, one of the m ost important, and most difficult, f e a t u r e s o f a g a s s a l e s c o n t r a c t is t h e n e e d t o a r r i v e at a fair p ri ce ove r the entir e t er m of the contract. Pr i o r to 1 9 5 0 w h e n g a s w a s a b y - p r o d u c t d i s c o v e r e d i n t h e s e a r c h f or o i l , a n d w a s in o v e r s u p p l y , t h e i n i t i a l p r i c e w a s v e r y low. The p r oducer was often willing to agree to a low-initial p rice to en co u r a g e the co ns tr uct io n of the p i p el in e to 1/ S u n r a y M i d - C o n t i n e n t O i l Co. v. F . P . C . , 3 6 4 U.S . 7T im .-------------- ---------- 2/ C a l i f o r n i a v. S o u t h l a n d R o y a l t y C o . , 4 3 6 U . S . 5 1 9 “ "(IST8).----- ----------------------------------- “ 137 64 p r o v i d e a m a r k e t f o r h i s gas, w i t h " e s c a l a t i o n " o r p r i c e i n c r e a s e p r o v i s i o n s to b r i n g the gas pr i c e u p to its fair m a r k e t v a l u e at s o m e l a t e r p o i n t i n t i m e i n t h e c o n t r a c t period. It w a s v e r y d i f f i c u l t (and s t i l l is) f or t h e p a r t i e s t o a n t i c i p a t e , a t a n y p a r t i c u l a r p o i n t i n t i me, w h a t t h e f a i r m a r k e t v a l u e w o u l d b e t e n t o t w e n t y y e a r s in t h e fu t u r e . "Fixed Escal a t i o n " p r o v i s i o n s w h i c h p r o v i d e d for a f i x e d a m o u n t o f i n c r e a s e in t h e p r i c e a t p e r i o d i c i n t e r v a l s p r o v e d to be b a d l y off the mark, as d e m a n d for na t u r a l gas d e v e l o p e d r a p i d l y in t h e 1 9 5 0 's, 1 9 6 0 ' s a n d 1 9 7 0 's. The sol u t i o n for the p r o b l e m w a s the "indefinite" pr ic e es ca la to r clause. It a t t e m p t s t o e s t a b l i s h t h e p r i c e o f g a s s o l d u n d e r a c o n t r a c t as n e a r l y a s w a s p r a c t i c a l t o t h e c u r r e n t m a r k e t p r i c e o f g a s i n a p r o d u c i n g a r e a as r e f l e c t e d by n e w c o n t r a c t s e n t e r e d into f rom time to time. As we shall develop, these clauses had ma n y defects, but they came mu c h closer to reflecting the "market value" of t h e g a s w h e n it w a s a c t u a l l y p r o d u c e d 3/ t h a n a n y f i x e d escalator or fixed price provision. I n so d o i n g , t h e p r i c e for gas could be co mp a r e d not on ly w i t h the field p r ic e for g a s b u t w i t h t h e p r i c e f o r oil , f o r p r o d u c t s , for coal and for o t h e r m i n e r a l resources, w h i c h are cus to ma ri ly p r i c e d at — .... — 3/ ~ ■ »» T e x a s O i l & G a s C o r p . v. V e l a , 4 2 9 S . W . 2 d 866 (Tex. l T S T o T 65 t h e m a r k e t v a l u e at t h e t i m e t h e y a r e p r o d u c e d a n d d e l i v e r e d , not the mar k e t v a l u e m a n y years earlier. A n a t u r a l ga s p r o d u c e r o r d i n a r i l y o b t a i n s a l e a s e to drill on a pe rs on 's property; this m a y be an individual, or the state or federal government. In e x c h a n g e f o r t h e le a s e , t h e p r o d u c e r is o b l i g a t e d t o p a y " r o y a l t y " t o t h e land owner. Many royalty agreements contain provisions w h i c h require that the pro duc er m e as ur e his royalty payments b a s e d o n t h e " m a r k e t v a l u e " o f t h e gas. "Market value r o y a l t y " c l a u s e s h a v e r e s u l t e d in a p l e t h o r a o f l i t i g a t i o n o v e r t h e " m a r k e t v a l u e " of t h e gas. The result in m a n y c a s e s is a r e q u i r e m e n t t h a t a n e f f e c t i v e i n d e f i n i t e p r i c i n g clause m u s t be part of the sales contract. For example, u n d e r T e x a s l a w " m a r k e t v a l u e " is d e t e r m i n e d f o r r o y a l t y p u r p o s e s b y t h e p r e v a i l i n g m a r k e t p r i c e s on t h e d a t e t h e g as w a s a c t u a l l y d e l i v e r e d . 4/ C. Types Of Indefinite Esca la ti on Clauses And Their Relative Merits. 1. The "Favored Nations" Clause One of the e a r l i e s t t y pes of i n d e f i n i t e e s c a l a t i o n c l a u s e s is t h e " f a v o r e d n a t i o n s " c l a u s e , w h i c h p r o v i d e s t h a t the price under the contract w ill increase to the price paid b y the same b u y e r in the same m a r k e t a rea for gas of 4/ Ibid. 66 comparable quality. The purpo se of this clause was to i n s u r e t h a t t h e f i r s t s e l l e r s o f g a s in t h e m a r k e t a r e a ( w h i c h c o u l d b e as s m a l l as a s i n g l e field) received the s a m e p r i c e p a i d b y t h e b u y e r t o o t h e r s e l l e r s in t h e s a m e area. This was expanded to a "three-party" favored nations c l a u s e , w h i c h r e q u ir e d an increase in the price to that paid b y a n y b u y e r i n t h e s a m e m a r k e t a r e a f o r c o m p a r a b l e gas. A s e a r l y a s I960, t h e F P C a n d t h e U n i t e d S t a t e s S u p r e m e C o u r t r e v i e w e d , a n d c o n s t r u e d as a n o r m a l c o n t r a c t provision, a two-party favored nations c l a u s e . 5/ The Court d i d n o t r e g a r d t h e p r o v i s i o n as i n h e r e n t l y b a d o r a g a i n s t public policy, 2. Price Redetermination Clauses A second type of indefinite pricing clause, used i n l i e u o r o f in c o n j u n c t i o n w i t h t h e f a v o r e d n a t i o n s clause, was the p rice r ed et er m i n a t i o n clause. This clause si mp ly a ll ow ed one p a r t y to give no ti ce to the o ther he desi r e d to renegotiate the price. that A provision which s t o p s t h e r e is o f t e n n o t s a t i s f a c t o r y f r o m t h e s t a n d p o i n t o f t h e p r o d u c e r / s e l l e r , b e c a u s e a t t h e t i m e t h e p r i c e is r e n e g o t i a t e d the pa rt i e s m a y no longer be in an eq ual bargaining position. 5/ ~ The field m a y be partially depleted, Texas Gas Transmission ¿¿3 (l$60). c6rp. v. Shell Oil Co., 363 U.S. 67 and n e w b uy er s more di fficult to obtain. M o r e o v e r , as t o i n t e r s t a t e s a l e s p r i o r t o D e c e m b e r 1, 1978, t h e s e l l e r c o u l d not sell to a nother par ty because of the Sunray decision. Therefore, the c l ause o f t e n set a ta r g e t for the renegotiations, s u c h as " t h e m a r k e t p r i c e f or g a s o f c o m p a r a b l e q u a l i t y " i n t h e s a m e m a r k e t area. Arbitration c l a u s e s w e r e o f t e n a d d e d in c a s e t h e p a r t i e s c o u l d n o t a g r e e o n w h a t t h e m a r k e t p r i c e w a s at t h e time. Even assuming the p a r t i e s c o u l d a g r e e o n t h e c o r r e c t " m a r k e t p r i c e " f or o n e negotiation, the price determined becomes increasingly i n a c c u r a t e o v e r t i m e u n t i l t h e n e x t r e d e t e r m i n a t i o n is made, 3. Pri c e s R e f e r e n c e d To The Price Of Compe ti tiv e Fuels. In t h e o r y t h e c o r r e c t m a r k e t p r i c e f o r g a s a t a n y po i n t in t i m e should be e q u i v a l e n t to the p r i c e w h i c h the c o n s u m e r w o u l d h ave to p a y for an a l t e r n a t i v e fuel if gas were not available. Because of the difficulties above d i s c us se d in a d m i n i st er in g the favored n ations and price redetermination clauses — d e c i d i n g w h a t g a s is " c o m p a r a b l e " or w h a t the c o r r e c t " market va l u e " is — additional indefinite p ricing provisions w ere sometimes added, either c o n c u r r e n t w i t h o r i n a d d i t i o n to, t h e o t h e r c l a u s e s a b o v e discussed. These clauses allowed price increases to the l e v e l o f t h e p r i c e o f c r u d e o i l , o r No. 6 f u e l o i l o r No. 2 fuel oil or some fraction therefore, in a specific m a rket area. These prices had the advantage of being readily ascertainable, because they are p u b l ished in industry or 68 governmental periodicals. The primary disadvantage was that s u c h p r i c e s r e f l e c t e d o n l y p a r t l y , i f a t all, t h e c o s t s o f tr an sp o r t a t i o n and distrib ut io n of the gas to the bu rn er t i p , w h i c h is t h e a c t u a l p o i n t o f c o m p e t i t i o n w i t h t h e a l t e r n a t e fuel. S u c h c l a u s e s a l s o c o u l d n o t r e f l e c t t h e c o s t of c o n v e r t i n g e n e r g y b u r n i n g e q u i p m e n t from one fuel to another, w h i c h v a r i e s w i d e l y w i t h the size of the e q u i p m e n t and the end use involved. 4. P r i c i n g C l a uses B a s e d On Indices. A good example of a clause r elating price to an i n d e x is t h e i n f l a t i o n a d j u s t m e n t f a c t o r w h i c h is i n c o r p o r a t e d i n t o t h e N G P A c e i l i n g p r i c e b y S e c t i o n 101 o f the NGPA. This S e c t i o n is an e x p l i c i t r e c o g n i t i o n by C o n g r e s s th a t l o n g - t e r m gas p r i c e s m u s t be a d j u s t e d at l east to o f f s e t inflation, fairly. if the parties are to be treated T h e a d j u s t m e n t i s m a d e m o n t h l y a n d is b a s e d o n t h e Gross National Product Product Implicit Price Deflator. 5. Area Rate Clauses. T h i s t y p e o f c l a u s e p e r m i t s t h e c o n t r a c t p r i c e to' c h a n g e in a c c o r d a n c e w i t h v a r i a t i o n s in a c e i l i n g p r i c e p r escribed by law or regulation. Th e F PC in 1960 p r o h i b i t e d the use of indefinite pr i c i n g clauses prospectively in c o n t r a c t s f o r t h e s a l e o f gas,.in i n t e r s t a t e c o m m e r c e f o r 69 r e s a l e as a p a r t o f i t s g e n e r a l " p r i c e f r e e z e " s t r a t e g y u n t i l a r e a r a t e s c o u l d b e e s t a b l i s h e d . 6/ A ft er the issuance of the Permian Basin Area Rate D e c i s i o n in A u g u s t 1965, t h e FPC, p e r m i t t e d t h e u s e o f p r o v i s i o n s w h i c h w o u l d adjust the p r ice to the c e i l i n g rate e s ta bl is he d by the Comm is si on for each p ro ducing area.2/ S u c h p r o v i s i o n s w e r e k n o w n as " a r e a r a t e c l a u s e s , " a n d q u i c k l y b e c a m e s t a n d a r d in a l l i n t e r s t a t e c o n t r a c t s e n t e r e d i n t o a f t e r t h a t date. T h e o b v i o u s d e f e c t in t h i s t y p e o f p r o v i s i o n is t h a t it is d e p e n d e n t o n t h e e x i s t e n c e o f a g o v e r n m e n t a l l y - d e t e r m i n e d c e i l i n g price. When price c o ntrols are removed, the m e c h a n i s m to tri g g e r this p r o v i s i o n in t h e f u t u r e w i l l n o l o n g e r e x i s t . While a price in ef f e c t on the d e c o n t r o l date should not be rolled-back, such a clause can have no other prospective operation after decontrol. 6. "FERC-Out" Clauses. T hus far w e have d i s c u s s e d ind e f i n i t e p r i c i n g c l a uses w h i c h o p e r a t e for the b e n e f i t of the producer/seller. Gas sales contracts today commonly 6/ O r d e r No. 25 F . P . C . (1962). 232, 25 F . P . C . 37 9 (1961)? O r d e r N o. 2 3 2 - A , 6 09 (1961); O r ^ e r No. 242, 27 F . P . C . 339 7/ “ O r d e r No. 329, 36 F . P . C . 9 2 5 (1966), i n c o r p o r a t e d i n t o t h e R e g u l a t i o n s a t 18 C . F . R . S 1 5 4 . 9 3 (b-1). 70 wontain two indefi ni te p r i c in g clauses w h ic h operate for the b e n e f i t of the buyer. "flow-through" clause. T h e f i r s t o f t h e s e is a " F E R C - o u t " o r It p r o v i d e s i n e s s e n c e t h a t i f t h e FERC or other appropriate governmental agency does not p e r m i t the p i peline p u r c haser to "flow through" the price p r o v i d e d in t h e g a s s a l e s c o n t r a c t t o i ts c u s t o m e r s , t h e n the price paid the produ c e r wil l be reduced by the amount no t p e r m i t t e d to be ta k e n into the pipelines' 7. cost base. T h e " M a r k e t - O u t " o r " E c o n o m i c Out " Clause. T h e b a s i c t h e o r y o f t h e s e c l a u s e s is t o p e r m i t t h e p i p e l i n e t o r e d u c e t h e c o n t r a c t p r i c e p a i d t h e p r o d u c e r if t he p i p e l i n e ' s w e i g h t e d average cost of p u r c h a s e d gas, p l u s its tr an sp or t a t i o n costs and return, excee d the m a rk et pric e o f a l t e r n a t e f u e l s in i t s m a r k e t a r e a . The clause takes m a n y d i f f e r e n t forms, v a r y i n g a l l the w a y f r o m u n f e t t e r e d d is c r e t i o n in the p i pe li ne to redu ce its price, to specific parameters under w hich the clause can be invoked coupled w i t h the right in the p r o d u c e r to c a n c e l the c o n t r a c t and resell to other parties utilizing the pipeline buyer's t r a n s p o r t a t i o n sy st em at stan da rd rates. D. A r e I n d e f i n i t e P r i c i n g C l a u s e s In T h e Public Interest? J u d i c i a l H i s t o r y Of Issue F r o m the f o r e g o i n g d i s c u s s i o n it is a p p a r e n t t h a t i n d e f i n i t e p r i c i n g c l a u s e s arls a n i n d i s p e n s a b l e e l e m e n t o f a l o n g - t e r m gas co n t r a c t w h i c h c o m mits gas for sale and 71 del iv er y in future time periods. T h i s is so b e c a u s e t h e e c o n o m i c c o n d i t i o n s w h i c h m a y p r e v a i l over the t e r m of s uch a c o n t r a c t s i m p l y c a n n o t b e f o r e s e e n at t h e t i m e t h e c o n t r a c t is e n t e r e d into. T h e o n l y r e a l a l t e r n a t i v e is t o a b o l i s h the l o n g - t e r m contract, and sell gas o n a "spot" or s h o r t - t e r m b a s i s , as o i l a n d o t h e r c o m m o d i t i e s a r e sold. Such an a p p r o a c h w o u l d be incons i s t e n t w i t h the desire of the p i p e l i n e s and t h eir financiers to p r o t e c t the u s eful l i f e o f t h e i r i n v e s t m e n t in p i p e l i n e s , a n d t h e d e s i r e o f t h e end us er s to d ep endable "service" and assured gas supplies f or t h e l o n g term. The vi e w that indefinite pricing clauses somehow are "against the pu bl i c interest" seems grou nd ed on several f a l s e p r e m i s e s s u c h as: 1. T h e i d e a t h a t t h e i n i t i a l p r i c e in a l o n g - t e r m g a s s a l e s c o n t r a c t is t h e o n l y p r i c e b a r g a i n e d f o r b y the parties, and that escalation clauses are somehow a dv erse to the parties' agreement. A s e l l e r b a r g a i n s f o r a l l t h e p r i c i n g c l a u s e s in the contract, including the indefinite p r i c i n g clauses. If the se clauses are de le te d or impaired th en the p a r t i e s ' b a r g a i n is c h a n g e d i n a n u n f a i r a n d o n e - s i d e d direction. 2. The idea that the initial price has some relati o n s h i p to the "historic" or "original" cost of the gas to the producer and that increases in the p rice are not "cost justified." 72 An attempt to apply a utility-type cost-of-service approa ch to pr od u c e r pr icing has been a failure and led to the shortages of the 1970's, The "unit cost" of the gas produced from one w ell can differ dramat ic al ly from the unit post of gas p ro du ce d from another we ll and b e a r s n o r e l a t i o n t o t h e v a l u e o f t h e p r o d u c t sold. At te m p t s by the FPC to find some correlation, eve n on a n a t i o n a l - a v e r a g e b a s i s , m e t w i t h t o t a l failure. 3. The idea that a gas producer, unlike every o ther sector of our economy, public or private, should n ot be allowed to realize the increased value of his assets (gas r e s e r v e s i n pla c e ) o v e r t i me, a n d t h a t he m u s t pass on this increased value ( e c o n o m i c rent) to the gas consumers. T h i s c o n c e p t is t h e f a t h e r o f t h e i n f l a m m a t o r y p h ra se "windfall p rofits," w h i c h led to the ad op ti on of the m u l t i p l e v i n t a g e p r i c i n g system. It currently a p p l i e s t o s o m e 25 d i f f e r e n t p r i c e s t o a n i d e n t i c a l c o m m o d i t y , b a s e d o n s u c h e x t r a n e o u s c i r c u m s t a n c e s as the date the well was drilled, the date the contract w a s signed, w h e t h e r the sale w as intrastate or interstate, the size of the p r o d u c e r / s e l l e r , whet h e r t h e w e l l i s a n e w w e l l o r a r e c o m p l e t i o n , etc. • E. Conclusion. T h e r e a l r e a s o n why''indefinite p r i c i n g p r o v i s i o n s m a y be v i e w e d w i t h s u s p i c i o n b y some, is th a t t h e y o p e r a t e 73 t o p r o d u c e m a r k e t p r i c e s w h i c h t h o s e p e r s o n s r e g a r d as "unfair" or "too high" acc o r d i n g to their own p r e c o n c e i v e d notions of price. T h i s v i e w l ed J u d g e B r i m m e r , U n i t e d S t a t e s D i s t r i c t J u d g e in W y o m i n g , t o h o l d t h a t i n d e f i n i t e p r i c i n g c l a u s e s w e r e i n v a l i d as a g a i n s t p u b l i c p o l i c y . £ / The Tenth Circuit reversed, holding that federal public p o l i c y as r e f l e c t e d b y t h e N G P A s p e c i f i c a l l y r e c o g n i z e d a n d p e r m i t t e d ind e f i n i t e p r i c i n g clauses to o perate u p to the m a x i m u m r a t e e s t a b l i s h e d in t h e A c t . 9/ A s i m ilar result wa s r e a c h e d by the W y o m i n g S u p r e m e C o u r t in A m o c o P r o d u c t i o n C o . v. S t a u f f e r C h e m i c a l C o., 612 P . 2d 463 (Wyo. 1980). T h e C o u r t said: "Favo r e d n ations clauses are a comm o n f e a t u r e o f g a s p u r c h a s e a n d sa le contracts. The nature of the pr oduct an d its q u e s t i o n a b l e a v a i l a b i l i t y e ng en de r s reluctance on the part of producers to enter into long term co ntracts at the p rice p r e v ai li ng at the time of contract. Yet purchasers r equire long ter m c om mi tments to insure a n a d e q u a t e s u p p l y o f gas. A two-party favored nations clause p ro vi de s an i n c r e a s e in pr i c e t o m a t c h any hig h e r price whi c h the purchaser pays to any other seller. A third-party favored nations clause requires the purchase to m a t c h any higher price contracted to be p a i d b y any o t h e r b u y e r in the same f i e l d o r area. • • • F a v o r e d n a t i o n s clauses are r e c ognized by the courts." (673 F . 2d. at 3 2 7 - 3 2 8 ) . 8/ K e r r - M c G e e C o r p . v. N o r t h e r n U t i l i t i e s , I n c . , 5 00 f*.Supp. ¿ 24 (D. W y o . 1980) . 9/ K e r r - M c G e e C o r p . v. N o r t h e r n U t i l i t i e s , I n c . , 6 7 3 F . 2 d 3 i 3 (IfitK’ cTr^ 1 9 8 2 ) , c e r t , d e n i e d Nov. i 7 ~ 1 9 8 2 , 51 U S L W 3 3 57. 74 It s e e m s c l e a r t h a t i n d e f i n i t e p r i c i n g c l a u s e s h a v e l o n g b e e n , a n d s h o u l d c o n t i n u e t o be, a n i n t e g r a l a n d i n s e p a r a b l e p a r t o f a n y l o n g - t e r m c o n t r a c t f or t h e s a l e o f gas. Such clauses are the only w a y to equitably p rovide for t he c o n t i n u i n g sale of the gas at its approx i m a t e m a r k e t v a l u e at t h e t i m e it i s d e l i v e r e d . Cancel la ti on or i m p a i r m e n t of such c l a uses in e x i s t i n g contracts m a y "trap" the gas c o m m i t t e d by such c o n t r a c t s to inequitable sales, bu t w i l l at the same time p r e v e n t the future sale of any u n c o n t r a c t e d for gas un d e r l o n g - t e r m contracts. It is t h i s type of short-sighted attempt to "protect" the short-term i n t e r e s t of the "consumer" w h i c h has led to the p r i c i n g m e s s w e find o u r s e l v e s in today. History has demonstrated that attempts to freeze prices, whether directly through the imposition of price controls, or indirectly through the impairment of contract provisions which do not permit market value price increases, is c e r t a i n t o r e s u l t i n d i s a s t r o u s e f f e c t s o n c o n s u m e r s a n d o n t h e i n d u s t r y t h a t h a s b e e n b u i l t t o s e r v e the m . 75 Senator Jepsen. Thank you. Now, we will recognize Jerome Mc Grath, and would you also please just quickly change chairs. Mr. McGrath represents the Interstate Natural Gas Association of Amer ica. Is it correct to say that this involves most of the pipeline industry ? M r. M c G r a t h . Y es, sir. Senator J epsen. Mr. McGrath, your prepared statement will be en tered in the record as if read, and you may proceed in any manner you so desire. STATEMENT OF JEROME J. McGRATH, PRESIDENT, INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA (INGAA) Mr. M c G r a th . Thank you. I also wish to associate myself with your opening remarks as a very succinct and accurate assessment of the situation. Much which has been said already by Mr. Means and Mr. Bush I would echo. I would like to give you for the record the perspec tive from the interstate pipeline’s point of view, if I may. As you know, the interstate pipelines are the link between the pro ducing segment and the distribution arm which sells to the ultimate consumer. We operate an extensive network of pipelines in the United States, and have for many, many years. They cost billions of dollars. Prior to 1978, at the time that the Natural Gas Policy Act was passed, the natural gas reserve available to the interstate market not only had declined, they had declined to a very serious level. People have short memories, but I ’m sure many Iowans, certainly many people elsewhere in the United States, recall the winter of 1977 when we were closing plants and schools in many areas because of the drop in pressure of the lines. There were some communities threatened with being cut off entirely from natural gas service. That never occurred, thank the Lord, but something had to be done. Natural gas is a vital energy commodity to this country. It is a premium fuel, and something had to be done to reverse the downward trend in the expiration and development for that commodity. The Natural Gas Policy Act was passed, and it achieved some of its ob jectives. All of us look at it today, and it truly is a monstrosity so far as a piece of legislation is concerned, as Mr. Bush pointed out, some 28 different pricing categories for one single commodity. But it did create the incentive for expanded expiration and development for the producers to go out and drill the holes to find the gas you heard Mr. Bush mention, 15,000 feet or below, drilling that deeply to find natural gas, and the situation was turned around. Today, there are adequate supplies of natural gas for the interstate market for the citizens of Iowa and elsewhere. Now, some have talked about the surplus. I wanted to clarify that very carefully. Today, there is a surplus of natural gas. Why ? Because of the deliverability of gas from the producing fields in the southwest brought about by a number of factors, not the least of which is the contract problem which was alluded to earlier requiring in certain fields what we call take-or-pay commitments. This is that clause of the contractual obligation that the pipelines have with the producers, and because of the physical characteristics of certain natural gas fields, particularly those in the Gulf of Mexico which require rather rapid 70 production, there is a very high amount of gas deliverability, deliver able gas available to the interstate systems. And just as that is oc curring, we have several other factors merging together, such as the conservation, which you mentioned, which has been very significant in all segments of usage, residential, commercial, and industrial. We’ve also had probably the most serious recession in modem times to hit us with the economy at a low ebb, from industrial users, which are the backbone of the industry in terms of providing year-round revenues, to not only the distribution companies, but to the pipelines and producers falling off the systems like dead flies because of the economy. Many of those industrial users will never come back. Or others have switched to oil, which because of the rather unexpected decline in oil prices over the past 2 years, has resulted in many areas in selling at a price below natural gas. Now, you have mentioned accurately the rigidities of the Natural Gas Policy Act. They are rigid. They provide for specific price escala tion on a monthly basis for the various categories of gas, and that is designated or determined to be the maximum lawful price. So in the process of acquiring gas, the pipelines have entered into contracts with producers, and I might say, and I want to emphasize this, natural gas is not a shelf item. You don’t run into the store or the filling station and say, “ Give me a thousand cubic feet of natural gas.” It takes many years of planning. The gas that the Iowans are receiving today in all liklihood is the result of planning made in the late 1970’s, and even going back to the 1960’s for acquiring new gas supplies, and building new facilities to bring the gas eastwardly to market. Those are com mitments made under long-term contracts. And if I were a producer selling to you, a pipeline, in 1975 for delivery to Davenport, Iowa, in 1983, I would surely want to have a provision in my contract which would allow me over that period of time to charge a price that would reflect the increasing cost to me, as well as what the law provides for me to have. The problem is that the contracts, because they are tied to the Nat ural Gas Policy Act, do not provide the ability of either the pipelines or the distributors to go down, and that is why we say that in today’s climate had we the freedom to negotiate absent the regulatory restric tions, the statutory restrictions that apply, we would be able to adjust to these market prices that you see today. We would be able to address the high prices which the consumers in Iowa are now having to pay. Senator Jepsen. May I interrupt just a minute, because I want to get this in the record and make sure I understand. I heard you just say that the 1978 act prohibits two willing partners to get together and negotiate a change downward in the prices. M r. M c G r a th . W e ll, it does n ot p roh ib it that, Senator, b u t it does------ - Senator Jepsen. I thought that’s what you said. Mr. M c G r a th . What I ’m saying is that the contracts provide for payment by the pipeline to the producer at the maximum lawful price as prescribed by the Natural Gas Policy Act. Senator Jepsen. That’s right. M r. M c G r a t h . N ow , those are long-term contracts. N ow , it does not prevent the pipelines and the producers fro m try in g to renegotiate 77 those contracts to void those provisions, and, as Mr. Bush has men tioned to you, the producers and pipelines, our companies have been negotiating with the producers now for some months. I will have to report to you as he did, that the major success in those negotiations has been in getting reduction in the take-or-pay volumes. Getting a reduc tion in price has been very, very difficult. I might say that we have something like—I don’t know the exact figure—over 30,000 contracts between pipelines and producers; that it’s just virtually impossible to renegotiate all of those. Senator Jepsen. I understand. I just want to make that point to clear it up. Mr. M c G r a th . I ’m sorrv I misled you on that. It’s not that iron clad, it’s just that the straitjacket is there, and trying to work our selves out of the straitj acket is very difficult. My time is running. I do want to say that, as I indicated, that we are negotiating with producers to try to work these out, but in our opinion, legislation is sorely needed. I might add that we have looked with great interest at your bill, Senator, S. 239, and while our approach to the problem may be somewhat different, there are many areas in which we agree on the concept. It’s the manner in which we believe it ought to be handled. For example, on take-or-pay, I believe your bill would have the take-or-pay go down to 70 percent under the contracts on file with the Commission, and the Commission would eliminate that pro vision. We would rather go down to 60 percent of deliverability under the contracts and provide statutorily, that higher takes ought to be prohibited rather than leaving it up to the Federal Energy Eegulatory Commission to do so. We would also put a pricing cap on the indefinite pricing clause in contracts. I believe your bill would again provide for the Commission under section 601C2 of the Natural Gas Policy Act to restrict the use of those contracts. We would do it statutorily. So there are many areas where your approach is similar to ours. Something needs to be done. It needs to be done in a hurry, but it is a combination of the law, the contract, the economy, and all these fac tors converging at a time when natural gas prices are increasing, and we commend you for holding these hearings. We wish to work with you and your staff, and hopefully we can reach a resolution of these very difficult, complex problems. [The prepared statement of Mr. McGrath follows:] 2 1 - 4 96 0 83 6 78 P repared S tatem ent J erome J. M cG ra th of Mr. Chairman and Members of the Committee: My name is Jerome J. McGrath. I am President of the Interstate Natural Gas Association of America (INGAA), a national trade association whose membership is comprised of virtually all of the major interstate natural gas transmission companies operating in the United States. INGAA member companies account for over 90% of all natural gas trans^ported and sold in interstate commerce. All of our member companies are subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) as mandated by the provisions*of the Natural Gas Act (15 U.S.C. 717, et seq.) (NGA) and the Natural Gas Policy Act (15 U.S.C. 3301, et seq.) (NGPA). I am pleased to appear before the Committee on behalf of INGAA, to discuss our view of the current natural gas market problems. First, I wish to commend Chairman Jepsen, not just for convening this hearing, but for his early and continuing efforts to focus attention on the problems that are causing hardships for consumers of natural gas and his leadership in the effort to achieve legislative relief from those problems. Before getting into the detailed analysis of current market problems and solutions, I would like to offer a few general comments. There is no question that in some parts of the country, including Iowa, natural gas prices have risen sharply, more sharply than anyone expected when the NGPA was adopted in 1978. There is a very understandable urge to affix blame for these increases. Some are blaming the NGPA, others are blaming inter state pipelines, others are blaming producers, some blame state commissions or local distribution companies, some might even blame OPEC. 79 The truth is, there is no one person, no one segment of the business, no one decision that can be singled out as causing today's problems. Those problems have resulted from a complex set of legislative, judicial, regula tory, and industry decisions and conditions which are inextricably inter related and much complicated by the state of our economy. This fact was recognized just last month by the staff of the House Subcommittee on Fossil and Synthetic Fuels in its thorough review of the current gas market prob lem. In its January 27, 1983 transmittal memo to the Committee on Energy and Commerce, the staff noted "it is probably inappropriate to point a finger of blame at any particular party or group of interests" for these problems. Let us all avoid pointing fingers in blame and instead, move forward constructively to solve the important problems that we have encountered. In order to help us better understand where we are today, a brief overview of the industry structure and past events may be helpful. OVERVIEW OF THE INTERSTATE PIPELINE INDUSTRY Interstate pipelines are one of three major segments of the natural gas industry, the others being producers of gas and distribution companies. Interstate pipelines are commonly regarded as being the transporters of natural gas, the physical link between producers and local distribution companies. ther. But the responsibilities of interstate pipelines go much fur Interstate pipelines operate subject to the terms and conditions of certificates issued originally by the Federal Power Commission and now by its successor, the Federal Energy Regulatory Commission. In exchange for receiving the right to construct facilities and transport gas the pipeline assumes the responsibility to contract for sufficient reserves and to manage the flow of gas to their local distrib ution customers so that an adequate supply 1s available to meet customer needs twenty-four hours a day, seven days a week, three hundred and sixty five days a year. 80 Consumers need to understand that in order to fulfill this obligation, pipelines must plan years in advance. Natural gas is not a "shelf" item. A pipeline cannot wait until gas is actually needed before it goes out and buys it. On the contrary, a pipeline is expected to forecast what the demand for gas will be on its system as much as five or ten years in ad vance. This is particularly true if new facilities are required to attach a new source of supply. My point is this: most of the natural gas flowing today is the result of decisions made in the 1970's and even the 1960's. When pipelines were making these decisions, it was against a backdrop of chronic shortages and tremendous pressures from consumers for additional supplies of gas. When these decisions were made, no one could foresee the passage of legislation such at the Natural Gas Policy Act and the Fuel Use Act. foresee the gyrations of oil prices. No one could No one could foresee that our nation would be suffering through the deepest recession of modern times. Thus, the problems in today's natural gas markets were not reasonably anticipated when the pipelines were making their supply decisions. Moreover, these problems have resulted largely from factors outside the control of the gas industry. In some quarters, pipelines have been accused of being insensitive to the price of gas. INGAA takes strong exception to this notion. It is important to realize that interstate pipelines do not make money on the buying and selling of natural gas itself. They are allowed to earn a regulated rate of return on the transportation of natural gas. of return is not guaranteed by FERC. This rate If a pipeline transports less gas than it projected in its rate filings in a given year, it will earn less than the allowed rate of return. If a pipeline secures relatively low-cost gas for its customers, the pipeline does not benefit directly from its success. All of the benefits of the low-cost gas are flowed directly through to a pipeline's customers. costs are flowed through as well. Conversely, the burdens of higher gas 81 Pipelines are caught in the dilemma of satisfying both their customers and their suppliers. Pipelines have both a short and a long-run interest in keeping their purchase gas costs as low as possible. First, once a rate filing is in effect, a pipeline must transport the volume of gas projected in the rate filing in order to make its allowed rate of return and stay in business; second, by optimizing the use of Its system the unit cost of gas to all users is lowered; and, third, a pipeline's viability is dependent on the markets it is authorized by FERC to serve and adequate supplies to ren^ der that service. If prices rise too high, a pipeline's current and future market will decline and it will lose the opportunity to sell its transpor tation service. If the price of gas in the field is too low there is little incentive to explore for and develop new reserves to replace those used up. Moreover, both the physical structure of the pipeline industry and FERC regulation tend to tie pipelines to their existing markets. Tnus a pipeline has strong incentives to purchase gas at reasonable prices not only to keep its product competitive with alternative fuels but to generate new supplies as well, Balancing these two critical elements of our busi ness is a matter of great difficulty, particularly in these recessionary times. THE IMPACT OF THE NGPA The roots of today's market difficulties can be traced back to the Supreme Court's decision in 1954, that resulted in the imposition of wellhead price controls on natural gas purchased by interstate pipelines. Administration of these price controls proved totally unworkable and as a practical matter, the prices that interstate pipelines were allowed to pay were held far below market levels. While consumers enjoyed the benefits of cheap gas for years producers virtually stopped dedicating new reserves to the interstate market. Much of the new gas that was discovered was instead dedicated to the intrastate market where it was not subject to wellhead price controls. The full impact of this seriously misguided policy manifested itself during the mid-1970's. Because the reserves of interstate pipelines had been drained to dangerously low levels, shortages began to appear and the 82 service to many "low priority" customers such as industrial users, power plant users, and others was curtailed. As the record cold winter of 1976-77 swept over the nation, hundreds of factories were closed and thousands of workers were laid off because adequate supplies of gas were unavailable. Clearly, a change in Federal policy was needed and it was against this backdrop that the NGPA was considered. The Natural Gas Policy Act of 1978 was the result of a bitter and divisive battle in the Congress over the direction of natural gas pricing policy. While it is easy to criticize the Act, it is also important to recognize that the NGPA was a substantial advance over previous policy in three important respects: 1) the NGPA eliminated the dual market for natural gas, i.e., intrastate versus interstate, that existed prior to enact ment, thereby allowing surplus intrastate gas to flow into the gas-short interstate market; 2) the NGPA improved the supply situation by providing incen tives for exploration and development of new gas supplies; and, 3) the NGPA clearly established wellhead decontrol as an ultimate goal of Federal policy and provided for a tran sition from regulation to deregulation. The NGPA, in fact, has worked well to ease the critical supply short ages of the mid-1970's. of problem: Today, however, the country faces a different kind the problem of coping with excess natural gas deliverability and prices which are near or exceeding market clearing levels 1n many parts of the country. The marketing problems facing the industry today have resulted in a large part from the rigidity of NGPA pricing provisions which adjust the price of gas'upward, but not downward. In addition, the short ages of the 1970's and Federally imposed price controls forced pipelines to negotiate on contract terms rather than price. These contracts, signed in 83 a seller's market, also tend to move gas prices inexorably upward by making the price controls in the NGPA price floors rather than price ceilings. They also threaten to trigger a fly up in gas prices on 1/1/85 if the indefinite pricing clauses present in such contracts are not diffused, CURRENT STATE OF THE NATURAL GAS MARKET The current perception is that gas supply is in surplus yet gas prices keep rising. Observers question whether the gas market is workably com petitive if gas prices do not fall during an apparent gas "glut." On the supply side, there is a temporary excess deliverability of natural gas, i.e., there is more gas available for delivery than the market can utilize. This short-term surplus has been brought about by three factors: 1) Contracting practices changed during the gas shortages of the 1970's. Minimum deliverabilities under contracts changed from take-or-pay clauses^ tied to a percentage of the orig inal recoverable reserve (over a 10 to 20 year period) to a take-or-pay clause tied to a very high percentage of daily gas deliverability. These new clauses encouraged the devel opment of higher deliverability capacity. 2) In addition, the NGPA specifically provides incentives for faster production of existing reserves by establishing a higher price for gas from developmental wells (Section 103 gas). 1/ A take-or-pay provision is a minimum requirement to "take" a certain volume of gas (usually expressed as a percent of remaining reserves or of current deliverability) or to pay for gas which is not taken. Usually the contract allows the buyer to receive at a later date gas which is paid for under these provisions. 84 3) Government policies encourage maximum production from Federal leases especially on the offshore. In the 1970's these policies were designed to help alleviate the shortage problems of interstate pipelines (since offshore gas is dedicated to interstate commerce). These factors have led to higher-than-expected gas availability at a time when the poor performance of the economy and higher gas prices had led to lower-than-expected demand. However, notwithstanding the improved deliverability for gas, the long-term reserve picture has not improved since 1978 when there was a widespread perception of gas shortages. In 1978, the U.S. had an 11.1 year supply of gas at 1978 production levels; in 1981, that had declined to a 10.8 year supply at 1981 production levels. the short-run and long-run pictures? Why then the discrepancy in The answer appears to be that deliv- erability (both the physical ability of producers to draw down reserves and the contractual obligations of pipelines to take gas quickly) has increased far more rapidly than new reserves have been found. Reserve additions in 1981 actually exceeded gas production (by 2.7 Tcf), leading some to become very optimistic about future gas supplies. But we should not forget that reserve additions have averaged only 64% of production for the last ten years and only 86% of production for the last five years. Thus, the long term supply situation, which was a major factor in persuading Congress to vote for the price increases in the NGPA, has not changed dramatically since the passage of the Act. In considering any amendment to the NGPA, therefore, such amendment must be carefully crafted not to discourage the development of new reserves. A major area of concern is the extent of recent price increases. Media attention has focused on rapid price increases on some pipeline systems in some parts of the country. However, according to the most recent date 2/ available from the Energy Information Administration (EIA), average domes tic purchased gas costs.by interstate pipelines increased by $.34/Mcf (in 2/ “ See An Analysis of Post-NGPA Interstate Wellhead Pipeline Purchases, S ep tem berrIW l, DUL7tTA-03b/, lable i; p.~6.--------------------- 85 January, 1982 dollars) or 17% above inflation from mid-1981 to mid-1982. This average rate of increase, however, includes a diverse set of pipeline experiences with price increases. For instance, the inflation-adjusted rate of price change for the same period ranged from a 2% decrease up to a 44% increase. misleading. The rates of increase on a pipeline-specific basis can be For example, a 50 cent increase is a 50% increase for $1.00 gas but only a 25% increase for $2.00 gas. These latest increases are significant but not markedly greater than historical rate of price changes. A major cause of the price increase is the shift in volumes from lower-cost NGPA categories to higher-cost NGPA categories. predominantly due to the natural decline of old gas. This shift is For example, old gas volumes (Section 104/106) declined by 9% from mid-1981 to mid-1982. This decline rate is consistent with historical average rates of depletion for existing fields. During the same period, high-cost gas rose slightly in volume (from 4% of interstate purchases to 6%), but rose substantially in contribution to cost (from 12% to 20% of total gas costs). New gas (Sections 102, 103, 108, and 109) maintained their share of costs (50%) and increased slightly their share of volume (33% to 37%). A recent General Accounting Office (GA0) study for Congress has also examined the signifi cance of the shift in the mix of NGPA categories for gas supplies. The GA0‘s analysis supports our point that the shift from low cost old gas to higher cost new gas supplies explains a substantial share of cost increases. The GA0 explained its analysis as follows: “To provide some perspective on the relative importance of prices and proportions, we compared the actual prices and quantities for 1981 with two alternatives. First, we calculated the average price of buying the 1981 volumes at the 1982 prices, to illus trate the importance of changes in price; the average price went from $2.01 to $2.10. Secondly, we calculated the average price of buying the 1982 volumes at the 1981 prices, to illustrate the importance of changes in proportions; the average price went from $2.01 to $2.22. The overall increase of $0.34 per Mcf may be compared with the 1981 quantities/1982 prices increase of $0.09 and the 1982 86 quantities/1981 prices increase of $0.21. The changes in pro portionate quantities appear to account for about twice as much of the overall change as the price changes. Even after the seven-percent inflation rate between the two periods is consid ered, the changes in proportionate quantities appear to account for at least half the overall change. "JV Some have argued that a major source of interstate price increases is a selective cut-back of old gas and increased takes of high-cost gas by interstate pipelines. The EIA data showing that old gas volumes are on average declining at a normal depletion rate demonstrate that this asser tion is not supportable on an industry-wide basis. TAKE-OR-PAY There is, perhaps, some misunderstanding as to the role of take-or-pay clauses in recent price increases and in the deliverability problem. It should first be pointed out that take-or-pay clauses play an important function in gas contracting practices. For the producer, such clauses provide assurance of a minimum cash flow, which may be necessary to meet his financial obligations. For pipelines such clauses offer an alternative contract bargaining element to price. There is no question, however, that some companies are currently faced with severe take-or-pay problems and it is a matter of great concern to the industry. Although there are no publicly available data on the extent to which such clauses are affecting gas prices today the EIA did complete a study last June that may shed some light on the problem. That study sampled data from several hundred producers and purchasers of natural gas in late 1981. Table 1 below, presents EIA's estimates of weighted average take-or-pay levels. 1/ These EIA results indicate that the average minimum take for high Preliminary Analysis of Natural Gas Price Increases December 9, 1982, GAO, p. 11. 87 cost Section 107 gas (75.8 percent) is lower than for lower cost Section 102 gas (87.2 percent onshore, 90.4 percent offshore). 1NGAA is working actively to develop facts on the extent of this problem. Table 1 Take-or-Pay Statistical Estimates Reported by EIA _1/ Weighted Average NGPA Section 102 Onshore Percent Take R< 87.2% 102 Offshore 90.4 103 80.1 107 75.8 108 97.8 105/106(b ) 75.9 104/106(a) 92.02/ Vintage3^ Pre-1973 78.1% 1973-4/20/77 94.0 4/21/77-11/8/78 88.0 11/9/78-79 86.8 1980 79.0 \J DOE/EIA, Natural Gas Producer/Purchaser Contracts and Their Potential Impacts on the Natural Gas Market, June 1^32, p. 41. the estimates are based on a statistical sample taken by EIA. 2/ Data on 104 and 106(b) are not based on the Form EIA-758 data but on the study published in December 1981. INGAA believes that the mathe matical interpretation applied to reserve- based minimum takes exagger ates the take requirements for 104/106(a) gas in particular and also for other older gas supplies. The reserve- based clauses are typically less stringent than deliverability-based minimum takes, but EIA interpreted the reserve-based clauses as 100 percent minimum takes. 3/ These data on vintage do not include Section 104 and 106(a) data. 88 While INGAA believes that any legislative solution to th* torrent market distortions should address the take-or-pay issue* addressing takeor-pay alone would not, in our judgse^!* correct the serious prt&Sws we foresee and «ay not significantly benefit most consumers. A LEGISLATIVE S01DTI0N IS 8££0£0 The industry has not been idle in the face of these warfcet distortions. The signals fro« the marketplace fcave been loud and clear. Today.* *ost, if not all, companies, including these serving lew«, are neg&tiatlsg in earnest with gas producers to revise contract provision concerning takeor-pay levels and prices. There are thousands of gas supply contracts and progress is likely to be steady but slow. However, one sigft cf'tfc* commit ment of the gas pipeline industry to controlling prices is the extent to which pipelines have exercised »arket outs. kt least nine pip«U<ies have exercised market outs between the spring of 1982 and todty* £& £ Chairman Butler recently reported that estimates of the annual savins from market outs approach three-quarters of a billion dollars,*^ line actions include rate decrease filings; filings Other rmparttot pipe to red&K* is4k#str1al gas prices to maintain industrial user contributions t o the fixed costs of pipeline systems, and Section 102 gas purchases at prices fcfrU* th e Section 102 ceilings. We expect that the spring 19B3 PGA filings will show evidence of the stronger bargaining position 1n w M c h doasestic sas buyers now find themselves, but these results lag the point when excess deliverability first became serious by about one year. Some have suggested that the FE8C address these problems under its existing authority. 1/ "" However, the f£ft€*s authority to modify sr abrogate C, M. Butler, Chairman, F£RC, letter to Honorable Philip Sharpy Chairman» Subcommittee on Fossil and Synthetic Fuels, ¿aweary 2?, 1983» p* 3. It should be noted, however, that many contracts ds trot have market outs. 89 indefinite price escalator clauses, or take-or-pay clauses, or to insert market out clauses in existing contracts is highly debatable and subject to lengthy court challenge. Legislation, in our view, is sorely needed. The primary purpose of such legislation should be threefold: to untangle the intricate and rigid web of price controls and other contract provisions which today are causing serious distortions in the market place; to address the multifaceted contract problems which beset the industry and which, if left uncorrected, will continue to have a serious impact on consumers; and to insure against increasing the cost of natural gas to consumers without destroying at the same time the incentives needed to explore for and develop new reserves of this vital fuel. Because the problem of increasing gas costs rests primarily with the existing regulatory-contractual regime, proposals that would place undue restrictions on the recovery by pipelines of their purchased gas costs are misdirected. problems. Such an approach would do little to resolve current market On the contrary, such proposals could greatly exacerbate current difficulties by creating a regulatory nightmare. The very solvency of the pipeline industry could be threatened if companies had to wait months, per haps even years, to learn if they could recover the cost of purchased gas, costs which routinely involve huge sums. No business in this country 1s expected to operate in a climate of such regulatory uncertainty. In fash ioning legislative solutions, therefore, it is paramount that we maintain a healthy industry so that all segments are better able to serve the public. To this end we are anxious to work with the Congress in arriving at some rational package that will achieve this result. While INGAA's approach to legislation may differ somewhat from that of the Chairman's, we have reviewed with great interest your bill, S. 239. many respects it 1s similar to INGAA's own position. In For example, S. 239 would seek to limit take-or-pay clauses in producer-pipeline contracts to 70% of daily contract quantity. INGAA believes that a rollback of take-or- pay levels to 60% of deliverability, for a three year period is desirable. Your bill would seek to restrict the use of indefinite price escalator 90 clauses. It is INGAA's position that such clauses should be capped to an appropriate indicator of market clearing gas prices that would allow prices to fall if market conditions warrant. S. 239 would also seek to restrict the use of so-called third party favored nation clauses. INGAA's position is to apply a price cap to such clauses in existing contracts, and we are now considering that question regarding future contracts. Finally, S. 239 would seek to encourge the inclusion of market out clauses in gas purchase contracts. INGAA believes that such clauses should be inserted into Section 107 gas contracts, the highest priced gas. INGAA, however, would differ from the approach of S. 239 in reaching these goals. S. 239 would impose these standards at the regulatory level, in proceedings regarding the recovery of purchased gas costs by pipelines. We believe a more effective approach is to set legislative standards that would make such changes mandatory. slow and cumbersome one. The regulatory process is already a We believe that the delay and litigation that would result from further increasing and complicating the process would not achieve relief for consumers in a timely fashion. On the other hand, consumers could benefit almost Immediately if the current inflexible contractual regime is addressed directly. We would be pleased, of course, to work with you and your staff, Mr. Chairman, on these and other legislative proposals of importance. It is critical, in our view, that the Administration and the Congress come up with a comprehensive bill this year. If we fail in that effort consumers, the industry and the public at large will have been seriously disserved. I appreciate the opportunity to appear here today and would be pleased to respond to any questions you may have. 9,1 Senator Jepsen. Thank you, Mr. McGrath. I would like to introduce on my right John Conrad of my Senate staff, whose staff responsibilities include the area of natural gas prob lems, and on my left, Chris Frenze, who is the economist from the Joint Economic Committee and has as part of his responsibility the problems in the natural gas area. These two gentlemen will assist in providing information and may also at times ask some questions. I thank the three panel members for their candid and well-thought out, detailed prepared statements. They will add considerably to the record. I will make both my comments and questions brief and to the point. My bill, on which hearings have been held, was to get at the problem on the quickest possible basis. Parenthetically, I would point out that under Government controls the price of gas started at 27 cents at the pumps, and by the time they took off the controls it was a dollar and a half. And if that’s control of the price of gasoline, then I think we may not be helped much by that type of procedure. That’s not typical of what happens when the Government gets involved and tries to regulate something. The problem with the Natural Gas Policy Act is the increase in natural gas rates which has become the center of the controversy here. Some in the industry I think, and I say this constructively, may be using the Natural Gas Policy Act of 1978 as a sort of an excuse to just keep things going a little bit longer, to maybe “get while the getting is good” before condi tions change. There are aspects of this Natural Gas Policy Act which encourage higher gas prices. In this regard, one of the things that I would like Mr. Bush to comment on is that there is what is called most favored nation clauses. You know what I mean. That’s where the purchase price paid by any pipeline to a producer is set by the highest price in a particular area. If, for instance, the incentive is there and they, in fact, have dug 15,000 feet and found natural gas in an area where there are already producing wells that are 7,000 feet; then is that the price paid for the natural gas from that whole area, determined by the price and the cost that it has experienced ? Mr. B u sh . Senator, if you look at the Deep Gas Section 107, gas is specifically prohibited from those law clauses. But your point is still exactly right regardless of what you attributed it to—the section 107 gas. You are driving at what in the heart is an excellent point. May I comment on that? Senator Jepsen. I wish you w ould. I understand that the m ost favored nation clause— and also the highest legal price clause— sim ply says that we take the most expensive gas in the area and set the price fo r the rest o f the gas regardless o f whether the other folk s, the other wells, wanted to sell it o r not. Mr. B u sh . The Congress in passing the Natural Gas Policy Act almost forecast what could happen with deep gas prices in section 107 as they did with a number of other things, and I think they addressed that by prohibiting, but I would still like to address what your ques tion really gets to and that is the market-clearing price at the wellhead for gas because it’s very much relevant to what you just said. 92 t The gas industry is fairly complex, and it’s a little bit different than making basketballs and donuts in this sense, and Mr. McGrath alluded to it in the sense that a pipeline when it was building its large systems needed to make heavy investments, and go to the bank and borrow the money and amortize that money over 20 or 30 years, and the bank of course would logically ask the question. “Well, how can you tell me you are going to be in the business 5 or 10 years from now ?” and the pipe line would necessarily say, “Well, I have a contract here which tells me that this producer is willing to sell me this gas for 20 or 30 years at a given rate.” Well, for a producer to be able to say to a pipeline, “ I ’m willing to sell you gas for 20 or 30 years,” who in the world would know in 20 or 30 years what the price of gas would be worth, or the price of basketballs, or any commodity. If you were to guarantee to somebody that you were going to sell them something 20 years from now, how would you ever arrive at what the price would be ? What came about was an umbrella group of things called indefinite price escalators, and they have area rate clauses, they have all kinds of things, but one of those is called the most-favored-nations clause that you have described, and that basically says there is a clause in the con tract that says, “ OK, I don’t know what the price is going to be 10 or 15 years from now, but the price I get for my gas should be whatever the price is paid for on the market at that time.” In other words, “ What new gas is getting in that area by a pipeline buyer, when he determines what the value of that gas is worth, my gas ought to be worth that much, too, because it’s the same commodity.” The only reason it gets to be a problem is because, as you have cor rectly identified, as long as the commodity is being priced equally, that’s all right. But when you get these weird categories, these big derivations in price, where forever-regulated gas can maintain somewhat of a 70percent supply to some pipeline, allowing him to bid up the price of new gas over what would be a market-clearing level, then you have the potential of that triggering all those other contracts. Now, basically, in our negotiations or our discussions on this issue with Congress and with others, we’ve said that there ought to be a way to diffuse those indefinite price escalators in 1985. There ought to be a comprehensive approach to the problem if it would come up in 1985 when a number of these clauses would be triggered. With the partial decontrol the fear is when all those contracts tie up, so to speak. We’ve said that ought to be diffused as part of the commodity pack age, but it ought to be diffused with some equity across the board so you get an even price that people can pay. I hope that's not as con fusing as it sounded to me as I listened to it. Mr. M c G r a th . A s to what Mr. Bush has said, the most favored na tions clauses are not a problem today, as he correctly pointed out. Your section 107 gas, your deregulated gas, is specifically prohibited by the statute from having those kinds of clauses exercised. The prob lem now lies ahead in January 1, 1985, when, under the terms of the NGPA, new gas as defined in that act will be deregulated and the contracts in those categories of gas have what we call indefinite price escalator clauses, which includes the most favored nations clause, which, absent some statutory capping mechanism or something to diffuse those clouds would trigger the price of natural gas up to what we believe would be very unreasonable levels. 93 So, part of our legislative proposal that we have urged upon the Congress is to establish a mechanism which will diffuse those clouds. Mr. M ean s. Mr. Chairman, could I comment briefly ? Senator Jepsen . Please. Mr. M ean s. I think as perhaps comes from Mr. Bush’s questions, there really are two different problems, the one which is a problem of 1985 and is associated with those most favored nations clauses. To day’s problem is not created by the most favored nations clauses. Most of the contracts contain a number of different clauses, one of which will be a clause allowing the producers to get at least the maximum lawful price, and he would get that price no matter what other prices were being negotiated in his area. What has changed over the past year is that that clause alone, with the increasing price ceilings on one hand, and declining world oil prices on the other hand, has brought us to market-clearing prices without even getting to 1985 and the de control to which Mr. McGrath alluded. The most favored nations clauses are potentially useful clauses if they were drafted so that the price can go down with new field prices as well as up. Indeed we would be much better off today if gas was governed by most favored nation clauses that could go down in the current soft market as well as up in a tight market. The problem cur rently is that the price is being determined by contract clauses that have nothing to do with any price being negotiated anywhere, any time, but are referenced only to the price ceiling economically, as you say, and very rigidly established by the Natural Gas Policy Act. Senator Jepsen. We have about 10 more minutes here. Can you tell me what the mix of policies would be that would benefit the consum ers most in the long run ? Now, what is the mix ? What could be done quickly to get to the point where the marketplace provides and governs the price of nat ural gas more accurately ? Mr. M c G r a th . Mr. Chairman, we have for some time felt that ulti mately we should and must get to a decontrolled environment. Unfor tunately, the connotation of decontrol is a very adverse one in the minds of many people and it’s understandable that it would be, but we think that unless you eventually get to a decontrolled market at the wellhead, that you are still going to have the distortions, the problems that beset all of us today. Now, how do you get there ? We feel that it has to be a gradual transi tion to a decontrolled environment over time, and we think that the NGPA is a major barrier to achieving those goals in its present form. We would address it in this fashion. In addition to the provisions that are set forth in your bill, S. 139, which we have reviewed and found that-----Senator Jepsen. S. 239. Mr. M c G r a th . S. 239, excuse me, very close to ours in many respects dealing with take-or-pay, with the indefinite price escalators and so forth. We feel that new gas, as we would define it, should be decon trolled. That would be gas that’s newly discovered under new con tracts after a date—say, date of enactment which would then do the one thing on one side, create the incentive for the exploration and devel opment for new gas reserves. 2 1 - 4 96 0 83 7 91 I might digress here by saying that at this time because of the eco nomic situation, drilling is not only down to very, very low levels, but there are very few interstate pipelines now buying gas, and for the future I don’t think that portends very well because we are using up the gas each day that we sell, gas to the homeowner and to the indus tries. That has to be replaced if we are going to continue in business so that to the extent that the drilling isn’t going on we are not supplying gas. We think in the long run this is going to be very harmful, so we think one major step would be to open up the drilling for new gas, and we sincerely believe that the pricing will reflect the market con ditions of the day. We would phase up the date of decontrol for section 102 and 103 gas, your new gas, from 1985 to 1984 with a price capping mechanism to prevent the escalator clauses that you were describing earlier in questioning from being triggered, and it would also have the effect, we believe, of preventing the statutory increases, the inflation plus 4 percent automatic adjustments that are now in the act from occurring in 1984 and so on until such time as the contracts are renegotiated or terminated and those indefinite pricing contracts are eliminated. Senator Jepsen. Now-----Mr. B u sh . Can I comment on that, or do you want-----Senator Jepsen. Yes, I would like that. I don’t know how everyone else is doing with the numbers and the laws and the reflations, but I gather from the testimony given here that we’re buying and paying $4.94 for Canadian gas, Algerian gas is $7, someone else’s is $10, while much of our gas is sitting here in this country at about $2 and some thing. Now, just kind of keeping those figures in mind, how come we aren’t using our own gas and the consumers aren’t paying that price that’s based on the $2 range instead of the $5, the $7, or the $10 range? Mr. M c G r a th . Well, if you didn’t take the gas from Canada, for example, the Pacific Northwest wouldn’t have gas. All of its gas comes from Canada. In the Midwest there is a good bit of Canadian gas com ing in that’s needed. I f you take your supply projections, looking down the road, we will need every bit of energy we can find in this country and in Canada. The LNG is another story. That’s a situation that unfortunately has developed, but it is felt to be needed by the systems that have imported that gas. Now the Canadian border price of $4.94 was established by the Canadian Government and the U.S. Goverfiment in negotiations a few years ago, which we believe was most uu fortunate. The Canadians in their spirit of nationalization, I guess, felt that they were going to get whatever the market would bear in their mind. It was $4.94. Negotiations, I understand—maybe that’s not the right term to use—but discussions at least, are either in progress or about to be, between the U.S. Government and the Canadian Government for a reduction in those border prices. But the Canadian gas today, and looking down the road, is going to be a very important contributor to U.S. supply. Senator Jepsen. What can we do about the high prices of foreign gas? And the second part of the question, is it a fact that we have gas that’s capped in this country that we are not using at the same time we’re buying all this------ 95 M r. M c G r a th . There could be some. I don’t think there is too much in the Southwest. There may be some in the Appalachian area, yes. There is some. But again, we are going to the commitments that were made, not only on this side of the border, but on the other side for faults that have to be paid for in some fashion. Senator Jepsen. I s it the industry’s view that they are doing the country a service and so on by securing gas for, conceivably, the next quarter century, or half century. I ’m asking that very constructively. What is the industry’s reason for taking the foreign gas and paying the high prices when we have lower-priced gas not being used right here in our own country? Just if you can in a one-liner or two. Mr. M c G r a th . Well, it’s difficult to explain in a one-liner. It is a contractual commitment of long standing to acquire reserves to meet the needs of the various market areas. As I mentioned, for example, the Pacific Northwest is supplied almost entirely by Canadian gas. The Midwestern States take much less Canadian gas. Now, to the extent that more expensive gas may be taken on some systems proportionately to your lower cost is because of the commitments under the contracts to pay for that gas if they don’t take it, and those are the take-or-pay clauses that we are now seeking to renegotiate, and we’ve been reason ably successful in the last several months. You get some of those high takes reduced which will relieve the pipelines of the obligation to take the higher-cost gas so that you could have a greater mix of your lowercost gas. Senator Jepsen. N ow , Mr. Bush, you represent the gas producers in this country. What’s your thought on that ? Mr. B u sh . I thought you would never ask. I have to disassociate myself a little bit from some of the remarks, and when you used the word industry, I assumed you were talking about the pipeline indus try and not the producing industry, because we have a very different way of looking at things. Simply put, there are a couple things that are necessary to under stand. One is that one of the items that Mr. McGrath left out of the formula that he gave on how he would approach decontrol is the famous bugaboo of that forever-regulated, so-called old gas, section 104 gas. As you correctly alluded to, the more you get into this the more you see people trying to protect self-interest. You can see in some cases—well, you know I have constituents. I have producers who have produced section 107 deep gas, and they kind of like the way things go when you get $8 an Mcf, and they probably aren’t happy to hear me talking about destabilizing price by decontrolling. The key element is that, the Pacific Northwest notwithstanding, the cost of gas is a problem that’s growing in Iowa and the Midwest, and there is no reason it should. The only reason it is is because the pipe line that supplies this State and this area, Northern Natural, is a heavycushioned pipeline. I f I ’m not mistaken, 70 percent of its supplies are made up of forever-regulated domestic gas held well below whatever would be a market price, giving them the incentive to go seek future supplies from Canada at $4.94. Now, we have been in all kinds of negotiations with Canada, but if I were the Canadians, I would tell us to go shove it. Why should they lower their prices when we are so absurd as to not even straighten 96 out the mess we have in this country with domestic gas prices? It isn’t a price that they thought this market could bear; it’s a price that we were willing to pay. Pipelines buy that gas for $4.94 Mcf and then talk about how wrong it is for a producer that has gas that he’s selling and could sell at 50 cents to be able to get $1.50 or $2. There could be domestic reserve. This country is rich in natural gas reserves, 900 trillion cubic feet, by some estimates, of domestic gas reserves that can be brought forward. The only thing that we're lacking is an efficient and logical policy to bring it forward. We pursue policies that encourage people to buy gas at $1.94 and $7 and roll these prices in. Senator Jepsen. Who is “ we” ? Mr. B u sh . Well, the Natural Gas Policy Act. Mr. M c G r a th . Mr. Bush’s bleeding heart gets to me, but the pro ducers are the ones that pay for the pipelines. “This is what we will sell you the gas for, either buy it or we will sell it to somebody else.” Comments about the pipelines are terribly misleading to you, Mr. Chairman, and to the people of Iowa and everyone. Mr. M eans. Mr. Chairman, could I comment on the imported gas for a moment? The problem is this consists of three parts. One is the price, which is clearly too high. Discussions are now going on and the consumers are extremely sensitive about it. As a practical matter, I think Mr. Bush is correct. Unless we revise our own pricing so that there is not domestic price setting governing the border price, it will be very difficult to renegotiate the Canadian prices down. Nevertheless, discussions are going forward. Potentially, Canadian gas is probably the cheapest source of supply for much of the Midwest, the North west, and when they are renegotiated down, the Northeast, Senator J e p s e n . Excuse me for interrupting, but I don’t fully under stand. You said that the Northwestern part of the country potentially is going to have the best deal from Canada? What do you mean? M r. M ean s. I f the Canadian price is brought down to reasonable levels, the fact that the Canadian reserves are simply closer to these markets than the southwestern gas, but this assumes that the price is renegotiated down. At the moment it is not a good deal except in very narrow boundaries. Senator J epsen . S o the reason fo r sale is because o f the lo g ic in v olved w ith the g eog ra ph y o f the nearness o f the su pp ly ? M r. M ean s . T h a t is correct. Senator J epsen . But they have to reduce the price. Mr. M eans. The price must be reduced, I think, in some way or an other. It will be greatly facilitated by reducing our own prices so that they would no longer be able to point to a limited amount of U.S. domestic gas. Senator Jepsen. Y o u mean they point to this gas act of 1978, too ? Mr. M eans. Yes; they point to the tight sands price that we’ve es tablished that we are in the process of reviewing, and they point to the deregulated gas price. Senator Jepsen. I was just trying to make a point. M r. M eans. Your point is a fair one. People are using it as an ex cuse for not acting, but I think in the negotiations it will be easier to negotiate when we can say: “ You are alone up there at $4.94.” 97 The second and third points concern supply. At the moment, I be lieve indirectly the pipelines are taking, in general, the minimum amount that they are contractually obligated to take under the con tracts on the Canadian imports. That is for the present. The reason that the pipelines are going forth with plans for additional imports for the latter part of this decade is that there is some prospect of a supply decline from domestic sources. The contracts make sense, but only if they are negotiated at a price which is a price that makes sense in terms of the United States. Senator Jepsen . Why, in your opinion, did those pipelines sign such open-ended commitments to buy very expensive gas '( Mr. M ean s. Your point earlier was precisely correct, I think, about the Natural Gas Policy Act and these contracts. Senator Jepsen. I asked for your opinion, not my point. Why do you think they did that ? Mr. M eans. T w o reasons. They were integrated. One, I think none of us, including myself, ever foresaw times when you could not market all the gas you could lay your hands on. The second was that, as Mr. Bush has pointed out, because they didn’t look forward to paying the high prices because they were relying on their cushions. Senator Jepsen. Mr. McGrath, why do you think that your pipelines did that ? Same reason ? M r. M c G r a th . Let me say that it’s not an open-ended agreement, and I go back to the time when most of the contracts that are the basis of supply today were entered into. That was around the early and middle 1970’s and up to today, where there w^as a severe shortage of natural gas. There was a seller’s market. The pipelines were running out of gas. And, whenever they could get gas, they signed a contract for supply to start building up their reserve again, and, as Mr. Bush had pointed out and I alluded to earlier, when a producer sells gas to a pipeline that is going to be used many years later, and having the Natural Gas Policy Act in place which establishes by law a maximum lawful price, that the seller is putting provisions in the contract that he is entitled to receive that maximum lawful price, and it’s the opera tion of those contracts and the escalators in the law which auto matically increase the cost as time goes on. Now, in the Canadian supply that goes back to many, many years of supply arrangements also, but as I mentioned earlier, the decision to establish the border price was not of our making or that of the United States; it was the Canadian Government that established that price, and it’s now hopefully where the Governments will get together and see the light of day and put it down to reality. Senator Jepsen. Governments ? M r. M c G r a th . We understand the price was set, not to the pipelines negotiating with the producers in Canada; the price was established through Government-to-Government negotiations through the U.S. State Department and the Canadians. Senator Jepsen. A couDle o f quick questions, then we’re going to assemble the next panel. You can tell when we get all parties involved, we do get constructive discussions. How much have producers’ profits risen in the last year, Mr. Bush ? Mr. B u sh . They have fallen. I think they are about $4 million. The combined profits of the top 25 companies that basically produce all gas 98 have had falling profits, largely attributable, I will quickly add, to the rapid decline in oil prices, not necessarily attributable to gas price. But again, to be perfectly candid, even while some companies may— their total profits are down, gas rev.enues are down, in many cases they are not split out, but I will tell you there are an awful lot of independ ent producers who, like farmers, are in a depression, not in a recession. Senator Jepsen . Let’s expand that to 2 years. How have they done in the last 2 years, and what has been their return on investment ? Mr. B u sh . If you take the past 10 years, if you measure by share holder’s equity, if you measure it by return on assets, the top 25 com panies, again, oil and gas companies, were, I think, 6 out of the 10 years were below—I ’d rather want to be exact, and I would submit the exact numbers for the record, and by and large their return on assets, their return on shareholder’s equity is right about the same which happens for all manufacturing. The reason, Senator, that people have a hard time believing that is because of the size of the revenues generated, but the costs are just as huge. Senator Jepsen . In the last 2 years, that’s when the price has been skyrocketed. M r. B u sh . W h en OPEC prices fe ll and when we decontrolled o il and we put heavy pressure and really cracked OPEC and b rou gh t the p rice o f o il dow n, there has been m uch low er o il prices, and as a result profits have gone dow n. B u t that’s not bad because costs are g o in g dow n. Senator Jepsen. Constructively, I ’m used to dealing with Washing ton, and it’s hard to get an answer there—in the 2-year period of invest ment return we’re talking about, a time when those of us out here on the ranch and on the firing line have experienced this rapid increase, how have profits been over those last 2 years ? Mr. B u sh . The industry profited in 1981. Senator Jepsen . Just generally, has it been above average, average, or below average ? Mr. B u sh . Four percent above—compared to total manufacturers— for the past 3 years; and below for the prior 3 years. Above for the prior 2 years to that; and below for the other years. It’s just not that different. Senator Jepsen . Mr. McGrath, how are the pipelines doing in the last couple years? M r. M c G r a th . As you know, Senator, their return is regulated by the Federal Energy Regulatory Commission, and established after hearing and consideration by the Commission of the rate structure, and we make no money on the sale of natural gas itself as a commod ity. Our return is based upon the investment and the transportation of the gas. I would say in the last couple of years they have been kind of flat. Now, to the extent that the parent company, for example, might have different operations, different businesses, maybe the parent profits may be up or down, but generally as far as the transmission companies, either down or flat. Senator Jepsen . As you know, I ’m an advocate of profit, and I am also an advocate of the private sector. However, last night on the net works there was a story about Panhandle Gas Co. You probably know the one I’m referring to. M r. M c G r a th . Panhandle Eastern Pipeline. 99 Senator Jepsejst. OK. I just get pieces; that’s what a lot of people do. Panhandle Eastern, anyway, was spending $1 million to build a country club for its employees and all this money a year for the maintenance, and it would appear this facility would have been a luxurious club to belong to. Panhandle has asked for a rate increase. You put all these things together in these times, and I can’t blame people for ringing my phone off the wall and saying: “ What’s the matter?5’ What do we do? Mr. M c G r a th . Well, I didn’t hear the details of the story you mentioned. I did hear about it this morning, and I don’t know the facts. It’s my understanding that that facility was on land owned by the pipeline company for many, many years, and it’s out in Kansas, and it is basically an overall employee recreation center that was put up for the benefit of the employees, the union-nonunion employees, and the retired company people. It does have a golf course, I under stand. Senator J e p s e n . I don’t expect you to have to explain something in detail, nor is the detail particularly the issue. I mean, companies build things for the employees and that’s applauded all the time, but it’s the way that his example was presented and the way that the public sees it. M r. M c G r a th . Yes, I can understand this. Senator Jepsen . And the question that is logical to ask is: “ How come prices are going to continue to go up? Is this fair this is happening?” And getting off of this theme to a more general one,, one we know best about in Iowa, I think about 1 year ago this time when Northern Natural announced projected increases of somewhere in the neighbor hood of 33 percent, and 2 days later announced $400 million profits, its highest profit in American history. You put those two things to gether and what are the folks supposed to believe ? Mr. M c G r a th . Again, I go to the point you made earlier on North ern Natural, for example. InterNorth is a major diversified company. I ’m not familiar with it’s nonpipeline business. I do know that their pipelines which I represent are controlled by FERC. How much that contributes to their total profit I don’t know. But let me make a com ment to the gas prices; 10 years ago, for example, the purchase gas cost component of a pipeline’s rate was about 17 percent. In other words, 17 cents out of every dollar was for purchased gas. Today the numbers are about 80 percent to John Daniel’s company, Iowa-Illinois, for example, and he may have more exact figures, but it’s in that neighborhood. The purchased gas cost, that is, your wellhead cost of gas comprises about 80 percent or 80 cents out of that dollar. And that’s where you are seeing the increases in the cost to the consumers. Now, it’s a combination of a lot of factors which we have been talk ing about today, but I think one thing that has to be kept in mind is that we started from a very, very low base on natural gas. It’s the rea son we are running out. Twenty to 25 cents in the field where it just didn’t make any sense in the fields for a producer, for an entrepreneur to go out and to commit himself to millions of dollars to drill a well when his price could be regulated as it was at 20 to 25 cents per thou sand cubic feet. That gas was the biggest buy, the biggest bargain in the country and it is today. Natural gas today in this country is con siderably below the price of oil in many areas. Now we’re seeing that gap close rather quickly. 100 Senator J e p s e n . Dramatically. Mr. M c G r a th . Due to the sudden drop in the price of oil, and un fortunately, what goes on in the Middle East and OPEC and Saudi Arabia could have a very serious impact on our own lives and on the price that we pay for energy. We’ve conveyed to you it is a very complex problem. It has a lot of areas in it where areas of judgment have been made. We are not cer tain we have made the wisest moves, but we have provided services, and have natural gas now to serve our customers; whereas in 1977-78, we were on a very steep decline, one where we were running out of gas. Senator J e p s e n . Well, I thank the three of you. We could continue here. The Natural Gas Policy Act has permitted gas prices to increase. It’s only fair that it change; that it be fair to permit the price to decrease. That, I guess, we all agree on. We all agreed also that—not that we necessarily have to agree, but for the record here to capsulize this, that the Natural Gas Policy Act does not prohibit, for the most part, activities by parties to a contract of sitting down and renegotiating contracts. That, however, is some what complicated because of the involvement of foreign agreements that have been made both from our neighbors to the north and to the south, and we didn’t talk a lot about Mexico. But we all agree that natural gas prices are not really reflecting what at the present the law of supply and demand would dictate in the marketplace, and so any thing and everything that can be done, for everyone to lock arms and work together to get at this problem now, is what we are attempting to do. Certainly my proposed legislation is not perfect by any means, but it certainly was something that we could move to give to FERC, to make some things in the industry work better. For a few minutes there the thought occurred to me that producer and pipeline people could be in cahoots, but it didn’t sound that way a time or two this morning. [Laughter.] I just say that in a light vein because that’s the impression that some people have. But that isn’t necessarily true, as the old axiom states: “We can shed some light on things if we sit down and reason together and get the facts laid out before us.” All Americans really want to make the American system work, and I ’ll tell you there isn’t any system anywhere in the world that’s like it, and it’s up to us to make it work. I ’m encouraged and optimistic. Thank you very much. I hope you will be able to stay and hear our next panel also because that’s part of the reason we got everything together. Thank you very much. We will take about a 3 minute break while we change panels and name signs and give our reporter over here a time to rest her fingers. [A short recess was taken.] Senator J e p s e n . On this next panel we welcome Christine Hansen from the Iowa Commerce Commission, Dean Kleckner from the Iowa Farm Bureau Federation, John Daniel, Iowa-Illinois Gas & Elec tric, and Linda Blanchard from Cedar Rapids, who as I understand, is president of the Citizens for Community Improvement, and Gordon Dunn, vice president. Constance Berka and Opal Morrow are from United Neighbors. Again, I would respectfully advise the panel that 101 we tried to have a 10-minute limit on statements. You see how easily that escapes and gets away from us. We hope that you will consolidate and summarize your prepared statements so that we can have more time for questions and exchanges. The written remarks that have been submitted by all of the panel members will be entered into the record as if read, and, therefore, as we move now among the panel members you can proceed to summarize your remarks as you see fit. We started our last panel with the representative of the Federal Energy Regulatory Commission, and I would prefer, if we may, to start out with the Iowa Commerce Commission representative to kind of set the stage and work from there this time. Christine Hansen, you may proceed. STATEMENT OF CHRISTINE A. HANSEN, COMMISSIONER, IOWA STATE COMMERCE COMMISSION, DAVENPORT, IOWA Ms. H a n sen . Thank you, Senator Jepsen. I want to thank you for bringing this here to Iowa, and I want to thank you for your continued support for the efforts of the Iowa Commerce Commission in the natu ral gas area. You have worked with us the last couple years; John Con rad, of your staff, has been very cooperative and mostly unsung because natural gas wasn’t the issue on everyone’s lips until recently. So we appreciate your long-standing efforts in this area and the continued assistance of your staff. The Iowa Commerce Commission has a couple of primary points we would like to make. One is that we think the industry could be working to solve this problem themselves and they are clearly not going to. And the other is we have some great concern for the continued financial viability of local distribution companies as the natural gas market changes as rapidly as it is. The heating season, as you know, Senator, in the upper Midwest is bitter, and the feelings of Iowans on the subject of natural gas have also been genuinely bitter. The natural gas consumers in this State, both the large volume consumers and the small volume consumers, are getting so bitter about the price of gas that they are doing quite a bit about it. The cause of this bitterness is simply that natural gas has reached its market-clearing price in Iowa. You have heard here already this morn ing that there is a feeling that gas has reached its market-clearing price on some systems. I submit that gas has reached its market-clearing price on all of the Iowa pipeline systems. While I recognize that we get a price of gas that is considerably below some in other parts of the coun try, even our relatively low-priced gas is above the market-clearing price, and the public is bitter because the market is not able to respond to the fact that they have passed the market-clearing price. The Fed eral Government must respond quickly to correct these errors because nobody else is going to do it. There is a continuing misconception in the natural gas industries that prices have some room to move upward. Our major supplier, Northern Natural Gas Pipeline, which is not the supplier here in the Quad Cities area, but it’s a major supplier in Iowa, has recently pre dicted that we will see no large increases from them in 1983 and 1984. That company estimates an increase in both of those years at a level 102 about 10 percent above inflation. Such an increase will not be tolerated by the present market. Such an increase is absolutely not a response to the present market. The natural gas industry also fosters the misconception that what we are experiencing is a temporary surplus, and former levels of con sumption will make the surplus vanish as soon as we have an economic recovery. That is nonsense. The Iowa Commerce Commission has developed a natural gas task force which researches natural gas topics of importance, and I have included a copy of their report from last year. It contains some of the most statistically solid results of natural gas pricing and price reac tion that are available nationally. The Iowa Commerce Commission regulates six investor-owned gas and electric utilities, five gas-only utilities. Iowa is serviced by 24 gas and electric municipal utilities and 17 gas-only municipals. The commission is charged only with assuring adequate service provided by the municipals. We do not regulate the rates of those municipals. In all, we regulate 412 utilities in Iowa, and in addition, we regulated more than a thousand grain dealers and grain warehouses. By far our greatest volume of complaints for all that regulatory authority stems from the price of natural gas. The commission has been as frustrated as the average consumer concerning natural gas rates, and we have tried to do something about it through cooperating with your office in helping with legislation, through communicating with our congressional delegation. We have moved one o f our attorneys, as you know, to Washington, D.C., full time, and we are one of three States in the Nation that intervenes full time for the Federal Energy Regulatory Commission. The other States are New York and California. However, prices are still too high. More than 80 percent of the resi dential natural gas bill of the typical Iowa consumer is set in Wash ington, D.C. The Commerce Commission thus has about 20 percent— and that amount is declining rapidly—of the price that we can regu late in Iowa. That price reflects primarily fixed costs of the system of the distribution company that are difficult to cut. Not surprisingly for you, Senator, who know Iowa consumers quite well, the consumers have been providing most of their own relief to the problem. I have some charts here [indicating] that show the lowaIllinois system and the price reaction. Here is the price of natural ft& s on the Iowa-Ulinois system corrected for inflation, 1979 through 1981. This is a consumer reaction to that price. That’s what consumers did by 1981; that’s how much natural gas the average household was using compared to what it used in 1969. Senator Jepsen . I would like to ask, if you have no objection, if you could make these charts part of the record ? Ms. H a n se n . Certainly. I would be glad to do that. I also have, at tached to my prepared statement, a breakdown of my comments that reflects the total natural gas consumption and conservation in the State of Iowa. In 1970, total sales in Iowa were more than 307 million Mcf, with company total revenue of more than $176 million. By 1981 we saw a substantial drop in total sales to 27 million Mcf, but an accom panying astronomical jump in total revenue to $731 million; $176 mil 103 lion to $731 million, with that kind of a drop in consumption during a period wiien 100,000 customers were added to the natural gas system in this State. I predict that Iowans are going to continue to react to the increased patural gas price in the same way. A fact which I have not seen well documented outside of Iowa is that our residential customers have just as much price elasticity as our industrial customers. When an in dustrial customer goes off the system it’s one big jump downward. Res idential customers are reacting in exactly the same way to the price as industrial customers. In Iowa the marketing problems resulting from natural gas price reaction are particularly noteworthy in the industrial and the residen tial sectors, but the commercial sector, the small business sector, in the last year has been playing a very fast catchup. Their total consumption was down 5.3 percent in this State in the last year, and commercial sales were down 16 percent. Now, that is not all due to the economic problems, as some people in the gas industry would like us to believe. We also have shut down some large plants using great quantities of natural gas in the production process, such as farm fertilizer pro ducers. Some of those plants are never going to come back on line in the State. They are never going to be able to produce anhydrous am monia at a price that’s competitive. In other Iowa industries we’ve wit nessed loss of large loads due in part to the incremental pricing, which encouraged fuel switching to both coal and fuel oil. The primary fuel switch going on in the State is to coal and fuel oil, but now we are see ing some switching to electricity. On the residential and commercial side, natural gas usage has been cut primarily through energy conservation, though there certainly is some fuel switching on the residential side as well. What we are cre ating at lightning speed is a natural gas distribution system which has extreme weather sensitivity. That is, residents, industrials, and com mercials might heat with kerosene space heaters, process heat, and electric heat pumps until the temperature dips below 20 degrees, and then they will all switch to gas heat, creating very uneven load and volume demands even the best of weather forecasters could not plan for. There is no question that we were an energy-wasteful country when natural gas was so cheap, and this was particularly true because it was an underpriced commodity. In Iowa we are beginning to correct pat terns of waste with vigor, as Iowans always do. Continued mispricing of natural gas will only speed the current pace of changed usage pat terns, and will ultimately result in ruining the natural gas market. The fact is that we are not going to return to the good old days of low pric ing, and we are not going to return to the good old days of sales at the level that they were. Thank you, Senator. [The prepared statement of Ms. Harden, together with appendixes, a report, exhibits, and an attachment, follows:] 104 P repared S tatem en t of C h r istine A . H ansen The Iowa State Commerce Commission has a vital interest in federal natural gas policy because of its enormous impact on our state. We are pleased to have an opportunity to present testimony concerning the state of natural gas markets and hope you will consider the Iowa Commerce Commission as an ongoing resource to your committee on the subject of natural gas. I am particularly pleased that the Joint Economic Committee chose to bring this hearing to Iowa, a state which is particularly hard-hit by the escalating price of natural gas. is long and bitter. The heating season in the Upper Midwest Natural gas consumers in this state— both large and small volume consumers— are getting as bitter as the weather about the price they pay for fuel. The cause of this bitterness is simply that natural gas has reached its market clearing price— has exceeded its market clearing price for the most part— and the market is absolutely unable to respond to the consumer reaction. The federal government must respond quickly to correct those errors which prohibit the natural gas market from operating correctly. There is a continuing misconception in the natural gas industry that prices have room to move upward. Our major supplier, Northern Natural Gas Pipeline, has recently predicted that we will see no large increases from them in 1983 and 1984. 105 That company estimates an increase in each of those years at a level about 10 percent above inflation. Such an increase will not be tolerated by this market, The natural gas industry also fosters the misconception that what we are experiencing is a temporary surplus, and former levels of consumption will make the surplus vanish as soon as we have an economic recovery. That is nonsense. The Iowa Commerce Commission has developed a Natural Gas Task Force which researches natural gas topics of importance to Iowa. The findings of this group, however, are some of the most statistically solid results in the country and are clear evidence that the twin theories of the industry— that prices have room to move upward before drastic damage is done to the market and that the temporary surplus will disappear with economic recovery— are wrong. I have attached a copy of one of the comprehensive reports of our Natural Gas Task Force to this testimony and recommend that this committee study the detailed economic conclusions reached therein. The Iowa Commerce Commission regulates the rates of six investor-owned gas and electric utilities and five gas only utilities. Iowa is also served by twenty-four gas and electric municipal utilities and seventeen gas only municipals. The Commission is charged with assuring adequate service is provided by the municipals, but we do not regulate their rates. We regulate 412 utilities in Iowa, 81 for rates and service and 331 for service only. In addition, we regulate more than a thousand grain dealers and grain warehouses. By far our greatest volume of complaints stem from the prices charged for natural gas. The Commission has been as frustrated as the average consumer concerning natural gas rates, but we have been able to do something 106 about it, We have met repeatedly with most members of the Iowa Congressional delegation, have suggested legislation which Senator Roger Jepsen has intro duced and strongly advocated in the Senate and which the entire Congressional delegation introduced in the House. We are one of three states in the nation with a full-time attorney stationed in Washington, D.C. (the other states are New York and California). The Commission has intervened in every case before the Federal Energy Regulatory Commission (FERC) which has potential impact on Iowa, and our attorney has been extremely effective for the citizens of Iowa. However, prices still are too high. More than 80 percent of the residential natural gas bill of the typical Iowan is set in Washington. After this year's round of rate hikes, that will be closer to 90 percent. So, the Iowa Commerce Commission has 10 to 15 percent of the price to regulate and that represents primarily fixed system costs, safety, repair and billing charges. That leaves the Commission in an extremely frustrating position— we get all of the heat and have none of the avenues to provide meaningful relief to consumers. Not surprisingly for those of you who know lowans, the Iowa consumers have been providing most of their own relief. The Iowa reaction to dramatic increases in natural gas prices since enactment of the Natural Gas Policy Act in 1978 has been equally dramatic. The attached Appendix A demonstiates that market reaction. In 1970, total sales in Iowa were more than 307 million MCFs, with accompanying total revenue of more than $176 million. By 1981, we have seen a substantial drop in total sales to 217 million MCFs, with an accompanying astronomical jump in total revenue of $731 million. customers in Iowa increased by 100,000. During that same period, total Also attached as Appendix A is a breakdown of total Iowa sales and use figures by industrial and residential classes. 107 Iowans will continue to react to increased natural gas prices in that same way. A fact which I have not seen well documented outside of Iowa is that our residential customers have just as much price elasticity as industrial and commercial customers. Granted, the shock to a distribution company's system of a large industrial load being dropped is stronger than the gradual eroding of residential customer use. However, the gradual residential load loss may, in the long run, be the loss which bleeds the distribution system toward financial ruin. In Iowa, the marketing problems resulting from natural gas price reaction are particularly noteworthy in the residential and industrial sectors, but I predict the commercial sector is going to be playing some very fast catch-up. For the twelve months ending November 1982, total MCF sales in Iowa were down 5.3 percent, while commercial sales dipped more than 16 percent for the same period. November 1982, as compared to November 1981, demonstrated a total Iowa decrease in natural gas consump tion for the month of 3.2 percent, while the drop in commercial sales was more than 8 percent. In the industrial sector, we have seen a loss of interruptible and of firm sales with a consequent deterioration of the load factors for the local utility companies. Iowa has also seen the shutdown of some large plants using great quantities of natural gas in the production process— such as farm fertilizer, Dr. Charles Nevaril, Vice President of Terra Chemicals International of Sioux City, Iowa, testified before a joint Iowa Commerce Commission-FERC hearing in Des Moines last Monday concerning the hammerlock in which natural gas prices hold .the future of his company. Three manufacturers of 108 nitrogen fertilizer have already closed in Iowa, and three remain open but threatened. This is a national problem, and many of the closed plants will never reopen. In other Iowa industries, we have witnessed the loss of large loads due in part to incremental pricing which really encouraged fuel switching to both coal and fuel oil. We are seeing some fuel switching in all seg ments of natural gas use to electricity. We are uniquely situated in Iowa with excess electrical capacity generated by coal and nuclear, at costs which are generally below the national average. On the residential and commercial side, natural gas usage has been cut primarily through energy conservation. However, there has certainly been plenty of conservation in Iowa industry, and there is escalating fuel switching in the residential sector— along with a great deal of fuel sub stitution for base load heating. We have seen extensive weatherization and retrofitting of homes, as well as significant increases in the energy efficiency of new construction. What we are creating at lightening speed is a natural gas distribution system which has extreme weather sensitivity. That is, residents, industrials and commercials might heat respectively with kerosene space heaters, process heat and electric heat pumps until the temperature dips below 20 degrees. Then, they will all switch on the gas heat, creating a very uneven load and volume demands even the best of weather forecasters could not plan. There is no question but that we have been an energy wasteful country. This has been particularly true of natural gas usage because it was an underpriced commodity for so many years. In Iowa, we are beginning to correct patterns of waste with the vigor reserved to Iowans when they tackle a problem collectively. Continued 109 mispricing of natural gas will only speed the current pace of changed usage patterns, and could well result in ultimately ruining the natural gas market. The fact is, the natural gas market will never return to the "good old days" of high sales volumes— because it will not return to the "good old days" of low prices. In Iowa, we are seeing greatly increasing sales of equipment which uses gas more efficiently such as energy-saver water heaters and gas stoves. There are continuing advances in gas appliances, such as the well-known Lenox pulse combustion furnace and the new Amana energy-saving furnace. Both are more than 90 percent efficient, The Lenox is manufactured in Marshalltown, Iowa and has been a bright spot in our state's economic picture. A second shift had to be added at the Lenox plant, and all the furnaces they can manufacture this winter have already been sold. I know of several people who have ordered them and are content to wait months for delivery. This furnace is vented with a plastic pipe out the side of the basement, rather than a metal pipe up the chimney, because of the minimal heat loss. The Lenox furnace alone, per unit, will conserve 25 to 30 million BTUs of natural gas energy each year, That furnace is but a single eXsitiaple of hundreds of products on the market today— and thousands of products to follow in the near future— which have had and are going to continue to have an impact on total natural gas demand. No economic turnaround will halt the production and purchase of those: gas-saving appliances. No Iowan is going to rip the storm windows off or throw the blankets of attic insulation out. And, now that Iowans are be-, coming aware of the importance of weather-stripping, caulking and keeping the thermostat turned down, we are going to continue to do those things year after year. 21-496 0 83 8 110 Since the mid 1970s, we have seen a conservation effort on a per customer basis of about 25 percent. And, we have a great deal of conser vation yet to do in this state. While I personally applaud this conservation effort, as a commerce commissioner I must deal with the natural result of reduced demand. The fixed costs for the Iowa utilities are spread over lower sales volumes which means higher and higher prices for customers. This is particularly true for those utilities which are losing substantial industrial loads completely due to fuel switching. We have a concern that this will eventually threaten the financial integrity of local utilities. Iowa has four gas distribution companies with total industrial sales representing more than 70 percent of their total load— and -two companies where industrials represent more than 80 percent of the load. Percentage sales by class for each company, based on 1981 Iowa sales, are as follows: Residential Percentage of Total Sales Allerton Great River Interstate Iowa Electric Iowa-Illinois Iowa Power Iowa Public Service Iowa Southern Minne, gas co North Central Peoples 16% 17 15 35 34 46 30 44 62 7 33 Commercial Percentage of Total Sales 3% 9 9 23 19 35 17 25 38 8 21 Industrial Percentage of Total Sales 81% 74 76 41 45 18 51 31 0 85 46 Percentage of Other Sales 0% 0 0 1 2 1 2 0 0 0 0 Residential percentages range from 7% of North Central's total sales to is sales. Commercial 46% of Iowa Power’ s sales and 62% o f Minnegasco’ s sales percentages range from 3% of Allerton’ s sales to 35% of Iowa Power’ and 38% of Minnegasco’ s sales. Industrial percentages range from none of s s sales to 85% of North Central’ Minnegasco’ s sales and 18% of Iowa Power’ total sales. I believe this, demonstrates the dilemma for the state regulator. We are the .focus of criticism from consumers and state legislators, though we I ll have control over a fraction of the price and have held that part of the price below the inflation level, and we see a gloomy financial picture for the state’ s natural gas utilities which all parties— including the utilities— seem quite unconcerned about. What the state regulator would most like to see happen as soon as possible is for the natural gas market to be permitted to work. We would like to see the six inches of insulation someone just put in their attic last year result in the correct economic conclusion— a lower bill this winter. The federal government simply must permit the market to work through modification of the Natural Gas Policy Act (NGPA). As we have seen with the Iowa experience, the NGPA did solve the supply problem which it set out to solve, and it did permit the market to react to real changes in natural gas pricing. The continued existence of long-term producer-pipeline contracts with market frustrating clauses will prohibit efficient market reaction. Unless flexibility is forced into these long-term supply contracts, they will not reflect accurate demand and price levels in the future— as they do not reflect them today. Any "wait and see" attitude on the part of Congress at this juncture will escalate the problem. If the marketing problems are not solved be ginning this year, we will soon be looking at a very different natural gas market which, in the end, will hurt consumer, distributor, pipeline and producer. 112 Appendix A Page 1 Iowa Natural Gas Usage, Revenue, and Customers By Year* Total Sales Year Total Sales in MCF's Total Revenue Total Customers Heating Degree Days 1970 307,419,180 176,340,658 590,610 7062 1971 306,896,792 191,541,067 602,614 6828 1972 309,210,287 211,867,483 614,771 7528 1973 297,543,895 221,464,828 625,260 6261 1974 300,441,607 245,592,387 635,489 6610 1975 284,786,256 290,830,232 644,824 67Q2 1976 261,694,084 327,829,317 654,172 6884 1977 240,613,893 384,768,101 661,645 6585 1978 238,051,663 461,685,136 670,227 7567 1979 237,719,553 557,513,996 682,006 7443 1980 226,218,129 626,029,467 695,833 6897 1981 214,012,621 731,402,534 705,331 6232 *covers approximately 97% of statewide sales 113 Appendix A Page 2 Iowa Natural Gas Usage, Revenue, and Customers By Year* Industrial Sales Year Industrial Sales in MCF's Industrial Revenue Industrial customers Heating Degree Days 1970 121,698.950 44,144,798 1,446 7062 1971 119,545,766 47,594,007 1,542 6828 1972 119,205,654 53,208,471 1,550 7528 1973 122,808,987 62,509,863 1,577 6261 1974 124,659,725 73,198,013 1,551 6610 1975 112,450,770 79,961,510 1,464 6792 1976 105,034,983 103,007,431 1,481 6884 1977 97,997,617 128,425,547 1,551 6585 1978 89,192,566 144,708,000 1,542 7567 7443 1979 90,919,971 183,039,844 1,551 1980 93,324,810 227,049,986 1,560 6897 1981 94,811,624 287,199,250 1,575 6232 *covers approximately 97% of state w ide sales 114 Appendix A Page 3 Iowa Natural Gas Usage, Revenue, and Customers By Year* Residential Sales Year Residential Sales in MCF's Residential Revenue Residential Customers Heating Degree Days 1970 86,917,625 83,603,777 527,366 7062 1971 87,680,403 89,550,077 537,750 6828 1972 93,002,039 99,411,495 548,146 7528 1973 83,407,522 97,111,409 557,406 6261 1974 84,674,669 103,881,592 566,304 6610 1975 86,607,865 122,723,618 574,588 6792 6884 6585 1976 86,503,702 138,466,517 583,228 1977 83,876,796 162,136,153 590,465 1978 89,731,983 201,496,165 598,748 7567 1979 89,251,223 238,778,199 609,648 7443 1980 79,407,523 250,661,357 621,664 6897 1981 72,046,569 281,116,995 629,361 6232 *covers approximately 97% of statewide sales 115 NATURAL GAS POLICY TASK FORCE OF THE IOWA STATE COMMERCE COMMISSION REVISED FIRST REPORT Task Force M e m b e r s : Robert Latham Michael May Diane Mclntire Joseph Murphv John Pearce Donald Stursma August 4, 1982 116 SECTION I THE PHYSICAL NATURAL GAS SUPPLY SYSTEM IN IOWA Natural Gas is delivered to Iowa by three interstate natural gas pipeline companies: Northern Natural Gas Company (Northern Natural), Natural Gas Pipeline Company of America (Nat. Gas Pipeline Co.), and Michigan Wisconsin Pipeline Company (Mich.-Wis.). Northern Border Pipeline Company will commence deliveries of gas in Iowa this fall, but all deliveries to utilities will be through Northern Natural. Natural gas enters Iowa on main line transmission pipelines, and is delivered to the point of sale by lateral pipelines. Northern Natural's practice has been to own and operate all laterals up to the community served (except for several low-pressure lines) although "contributions in aid of construction" were made by distribution companies for many laterals. Nat. Gas Pipeline Co., with a few exceptions, sells gas from the main line and requires the purchaser to provide the lateral to the distribution center. Michigan Wisconsin is a mixture of the two practices. A map of Iowa pipelines would show: Northern Natural has a far-flung many-branched transmission network providing gas service to approximately two-thirds of Iowa's geographic area, while the laterals of Nat. Gas Pipeline Co. and Mich.-Wis. are, except for high density population areas, fairly short with few connections.— ^ The following table shows the sales volumes of the pipelines serving Iowa for 1981— ^ (numbers of customers served by each company are not available). — ^See Appendix B for a detailed listing by Company of natural gas pipeline sizes and mileage. 2/ — FERC Form No. 2: Annual Report of Natural Gas Companies (Class A and Class B) 1981. 117 1981 Natural Gas Sales in Iowa (Bcf) Direct Distribution ____ Sales Field & Main Line Industrial Sales InterNorth (Northern) 27.7* 8.9 Natural - Mich-Wisc. -0- Sales for Resale Total 100.8 137.4 .02 0- -0- 60.6 60.96 60.98 26.9 28.38 28.38 226.76 100.0 12.5 (*Peoples Natural Gas Company) Natural gas delivered by the interstate pipelines in Iowa is resold to end users by 10 investor-owned utility companies, one privately owned company, and 41 municipal utilities. As of 1980, the last year for which full data compilation is available, the number and type of customers and the volumes of gas purchased are as follows: Number of customers by Class of Service - 1980 (Thousands) Residential Commercial Industrial Other All Iowa 664.5 89.15% 78.6 10.55% 1.9 0.26% 0.3 0.04% 8 Largest Iowa Util. 640.6 89.21% 75.9 10.57% 1. 6 .22 % .02 Total 745.4 100 % 718.1 100 % Sales Volumes by Class of Service - 1980 (Bcf) All Iowa Residential Commercial Industrial Other Total 84.4 33.2% 51.2 118.3 (a) 46.4% 0.7 0.3% 254.6 4.5 246.6 1.8% 100.0 2 0 . 1% 100 (b) 8 Largest Iowa Util. (a) (b) 80.8 32.8% 50.7 2 0 . 6% 110.6 44.8% Value includes 3.4 Bcf Electric Generation Differences between Industrial and Other volumes in the two cases appear due to different definition of terms. Note: sum of percentages almost identical. % 118 Industrial and Commercial gas usage can be further broken down as follows: Iowa Firm and Interruptible Gas Sales Volumes - 19802/ Volume (Bcf) % % Total Sales Commercial Firm Interruptible Total 41.6 9.6 51.2 81 19 100 16.3 3.7 20.1 Industrial Firm Interruptible Total 84.1 34.2 118.3 71 29 100 35.0 13.4 46.4 The following table shows, for the 8 largest Iowa utilities, total 1981 customers and sales volumes and the amount of gas received from each supplier. As was previously noted, data on the number of customers served off each supplier were not available. Customer Sales, and Supplier Data - 1981 8 Largest Iowa Utilities (1) Company Peoples Nat. Gas Customers (2) Util. Sales (Bcf) (3) Suppliers (A) Supplier Sales (Bcf) (5) % 116,614 36.62 NNG NGP 36.51 0.52 98.6 1.4 37,773 9.03 NNG NGP MW 0.73 1.90 6.70 7.8 20.4 71.8 IPS 109.494 36.03 NNG 36.8 Iowa Power 132,835 29.6 NNG NGP 26.65 3.51 88.4 11.6 Iowa-Illinois 158,052 47.16 NNG NGP 6.18 41.13* 13.1 86.9 Iowa-Electric 118,971 33.42 NNG NGP MW 18.32 14.44 0.92 54.4 42.9 2.7 Interstate Power 31,592 22.16 NNG NGP 5.12* 17.04* 23.1 76.9 North Central PSC 12,813 1.64 .06 16.39 9.1 0.03 90.6 Iowa Southern NNG NGP MW —3/American Gas Association, "Gas Facts", 1980. 17.94 100 119 Col. (1) Summary of Information Compiled by ISCC Staff (Accounting) from Utility Company Annual Reports for the 8 largest companies which account for 97% of Iowa Customers and sales: Peoples Natural Gas, Iowa Southern, Iowa Public Service, Iowa Power, Iowa-Illinois, Iowa Electric, Interstate Power, North Central PSC. Col. (2) Annual Reports - Rate Regulated Gas Utilities, 1981. Col. (4) Unless otherwise noted, these are pipeline company sales to utilities. Totals will exceed Utility Sales by 2-3% due to,unaccounted for gas. ^Indicates Utility Sales figure; adequate pipeline sales data not available. Col. (5) % of total pipeline purchases. The following two tables show for 1981 the revenues of the pipeline suppliers from Iowa sales and plant and revenue information for the largest Iowa utilities. No data were available by state for interstate pipeline plant in service. 1981 Interstate Pipeline Revenues From Total Sales in Iowa Company Revenue(s) % Avg. Price Per Mcf ($) Northern $410,389,420 61.5 2.9868 158,968,576 23.8 2.6076 98,298,926 14.7 3.4634 Natural Mich-Wisc. Plant and Revenue Data - 1981 8 Largest Iowa Utilities Avg Rev Per Mcf ($) Revenue/ Plant Ratio Total Plant In Service($) % Peoples 71,564,123 16.1 125,976,140 15.9 3.44 1.76 Iowa Southern 16,765,276 3.8 35,067,859 4.4 3.89 2.09 Company Revenue ($) % IPS 71,930,370 16.2 115,484,267 14.6 3.20 1.61 Iowa Power 88,660,385 20.0 105,682,746 13.3 3.57 1.19 Iowa-Illinois 111,870,231 25.2 173,897,896 21.9 3.68 1.55 Iowa Electric 57,316,113 12.9 111,494,235 14.0 3.34 1.95 Interstate 17,899,896 4.0 64,199,449 8.1 2.89 3.59* 7,266,178 443,272,572 1.6 62,084,181 793,486,753 7.8 3.46 8.54** North Central PSC * Distorted by $46.2M in sales to large industrial users. **Distorted $55.5M in sales to large customer isbynot currently using gas? industrial users. uscis. Lareest 120 SECTION II THE TARIFFS AND CONTRACTS GOVERNING THE TRANSPORTATION AND SALE OF NATURAL GAS IN IOWA Review of filed tariffs and contracts^ made thereunder has been criticized as both wrong and irrelevant: Only in the world of regulation are contracts the Talmud as commission rules and orders are the Torah. A scholastic preoccupation with contract terms is, therefore, a predictable quirk of utility officials, commission staffs, and lawyers who have never practiced in that other world in which firms compete with one another and are occasionally allowed to fail. In that outside world where the gas industry will presently find itself, contracts that do not make sense are routinely walked away from, repudiated, or renego tiated — and without the prodding or support of special legislation, rules, or orders. The author of the above quote subsequently identifies as one defense to a bad contract in that "other world", that of a seller attempting to collect from an "insolvent utility incapable of raising its rates because of consumer resistance. ".§/ Obviously, identification of such a disas trous "remedy" demonstrates a continued need to review contracts which are expressly subject to the authority of FERC and this Commission in order to exhaust less disastrous remedies than utility insolvency. Bearing in mind the foregoing "other world" criticism of contract and tariff analysis as well as possible limitation on commission — E.g., Foster Associates, Inc.. Washington, D.C., "Pricing Provisions for Natural Gas Sales Contracts — A Statistical Report" prepared for The Natural Gas Supply Association, April, 1982. Study analyzed producer contracts including the frequency of utilization of such items as kick-out clauses (i.e., contract form permitting buyer to escape a contract on the basis of economic, marketing or regulatory conditions). — ^Tussing, A. R. and Connie C. Barlow, "The Rise and Fall of Regulation In The Natural Gas Industry," Public Utilities Fortnightly, March 4, 1982 at 18. - I d . at 22 121 authority to redress things such as "take or pay" provisions,— / useful analysis can still be had on this subject. Because the majority of the 109 contracts^-/ filed in respone to a data request are standard contracts made under FERC approved tariffs the focus of the following analysis is the FERC tariffs. It is under the FERC tariffs and the broader domain of FERC jurisdiction that such current controversies as take or pay contracts^-/ are being actively addressed. — ^State ex. rel. Pow. Co. v. Department of Pub. Serv. Reg., 548 P. 2d 136 (Montana 1975). The case which found that a regulatory authority had exceeded its authority in effectively forcing a utility to break "take or pay" contracts is not satisfactory because it dealt with a temporary agency decision and the correct opinion is somewhat conclusory in its discussion. 8/ — The figure of 109 contracts reviewed does not include amendments to those contracts or the blank form contracts used by gas utilities under the Commission’ s jurisdiction. —9 /E.g., It is FERC policy to consider "take-or-pay" penalties as bearing on requests by pipelines for authorization to make off-system sales. Natural Gas Pipeline Company of America, Docket No. CP81-392-000, "Findings and order after statutory Hearing Issuing Certification of Public Convenience and Necesity and Granting positions to Intervene," (Issued November 13, 1981) 17 FERC § 61,133. FERC also monitors compliance that contractural "take-or-pay" provisions comply with FERC regulations: We will deny rehearing and reconsideration. As we explained in our February 9, 1981 orders, Exxon’ s take-or-pay provisions do not comply with Section 154.103 because the monetary credit provided for therein operates in a different fashion than the gas make-up provision prescribed in Section 154.103. Specifically, Exxon’ s make-up provision treats the purchaser’ s prepayment as a loan, the repayment of which is not completed until the expiration of the contract term. Since there is no interest charge applied to the load, the recoupment arrangement can be extremely burden some to the purchaser, particularly where the recoupment is allowed to occur over a period of some 10 or 15 years. The Commission recognizes, of course, that a standard Section 154.103 gas make-up provision has has the effect of providing the producer with interest-free capital. Unlike the Exxon situation, however, the duration of such an interest-free loan is limited to the period of time elapsing between the time the prepayment is made and the time the buyer is in a position to make up the gas-in most cases, no more than a few years. Exxon Corporation, Docket Nos. CI-78-758, at. a l , "Order Denying Rehearing and Reconsideration" (Issued May 28, 1981) 15 FERC 61,179. 122 An instructive initial step in reviewing the FERC approved tariffs is a brief definition of the gas rates: (a) two-part rate, (b) one-part demand rate and (c) one-part commodity rate. A tw.o-part rate is composed of a demand rate and a separate commo dity rate. The demand rate is usually applied to some contractual "maximum daily entitlement" from the pipeline (or maximum storage withdrawal volumes), to determine the monthly demand charge. This demand charge serves as a minimum monthly charge, independent of the actual, monthly volume taken (or withdrawn from storage). The actual monthly volume taken is then applied to the commodity rate to determine the monthly commodity charge. The total monthly charge, then, under the two-part rate, is the sura of the separately determined demand charge and commodity charge. A demand rate is analogous to the "demand rate" portion of the twopart rate. Therefore, under a one-part demand rate, the purchaser will pay a uniform m onthly charge, regardless of the actual monthly volumes taken (or withdrawn from storage). As seen in the following table, the only instance of this rate is for storage services. A one-part commodity rate, then, is analogous to the "commodity rate" portion of the two-part rate except that it normally includes demand components at an assumed load factor, and serves as the sole means of determining the monthly charge, as applied to actual monthly volumes taken. Therefore, under a one-part commodity rate, there is no minimum monthly charge (unless the sales contract contains a minimum "take-or-pay" provision). The utilization of these types of rates can be seen in the following table. 123 BILLING METHODS APPLIED TO DIFFERENT CLASSIFICATIONS OF GAS SERVICE IN IOWA Gas Service Two-part Rate NATURAL DMQ-1 G-l WS-1 WS-2 AOR-1 One-Part Commodity Race Demand Rate X xi XI X X3 S-l MS-1 MS-2 MS-3 LS-1 LS-2 LS-3 X X X X X X NORTHERN CD-I SS-1 WPS-1 PS-1 AOS-1 ACDS-1 ERS-1 X X X X X2 X2 MICH-WISC CD-I SGS-1 LVS-1 OS-1 X X X ^Take-or-pay; Take is required, pay is conditional on *takef ^Demand Portion of Rate is the nomination charge. ^Multi-part rate - Demand, Commodity, Injection and Withdrawal Charges. Nat. Gas Pipeline’s Daily Ma x i m u m Quantity Service Rate (DMQ-1) Northern N a t u r a l ’ s contract Demand Service Rate (CD-I) and Mich-Wisc. contract Demand Service Rate (CD-I) are virtually identical with one exception. That exception -- a 75% M take-or-payM provision in Mich- Wisc. CD-I service — doesn’t apply in Iowa. 124 The DMQ-1 and CD-I rates are for standard gas service, available on a firm twelve-month basis and billed according to a two-part rate. Seventeen of the contracts reviewed were of this type and nine of the CD-I contracts run until 1991-1992. Natural Gas Pipeline Co.’ s General Service rate (G— 1) is comparable to Mich-Wisc.’ s Small General Service Rate (SGS-1). doesn’t have a comparable rate.) (Northern Natural The G-l and SGS-1 rates provide standard gas service to comparatively small volume purchasers (i.e., users not using more the approximately 6,000 Mcf per day), only three of this type of contract were found. Winter service rates are offered by Natural Gas Pipeline Co. and Northern Natural while Mich-Wisc. makes no separate provision for this service. Eighteen contracts for winter service were found and most will not expire until 1991. Natural Gas Pipeline C o ’ s Winter Service rates (WS-1 and WS-2) are available to DMQ-1 and G-l purchasers on a firm 120-day basis, based upon reserves available from specific tracts. A purchaser contracts for a maximum daily volume from the pipeline, and must take and pay for the equivalent of at least 100 days of this maximum daily volume. The rate is billed on a one-part commodity rate. N orthern Natural has three narrowly distinguished winter service rates: Seasonal Service Demand (SS-1): This is available to CD-I pur chasers on a firm 4-month basis, from November 27 through March 26 of each heating season. It is billed according to a two-part rate. Winter Period Service (WPS-1) and Peaking Service (PS-1): Available to CD-I purchasers on a firm 3-month basis, from December 15 through March 15 of each heating season. This is billed according to a two-part 125 rate. Commodity is billed on a monthly rate, but demand is billed on a three-month rate (to be paid in three monthly installments). WPS-1 demand is not to exceed 10% of purchaser’ s CD-I demand. Natural Gas Pipeline Co., Northern Natural and Mich-Wisc. have various authorized over-run services which are virtually identical. Natural Gas Pipeline Co.’ s A0R1 rate is typical and is available to DMQ1 or G-l purchasers on an interruptible, day-to-day basis. The availa bility of A0R-1 on a given day is based on the pipeline's ability to meet its firm load requirements for that day. The rate is billed on a one-part commodity rate. Two services deserving of mention (other than Natural Gas Pipeline Co's storage rates set out in Appendix C) are Northern Natural’ s Agri cultural Crop Dryer Service (ACDS-1) and Mich-Wisc.’ s Large Volume Special Industrial Service (LVS-1). The ACDS-1 rate is available to CD-I purchasers on a firm basis when available, for the limited purpose of drying seed grain and other crops. A purchaser determines the availability of ACDS by requesting (nominating) specified ACDS volumes from the pipeline, in advance. The availability of volumes varies daily, based on the pipeline’ s firm load requirements. These are billed according to a two-part rate: a commo dity rate and a small nomination charge. The LVS-1 rate is available to CD-I purchasers on a limited firm 12-month basis, for resale to a specified large volume customer whose contract demand is not less than the greater of 6,000 dth or 3% of purchaser's CD-I contract demand. Service is limited firm in that the pipeline may curtail up to 40% of the LVS-1 daily contract demand, to meet its other firm load requirements. commodity rate. 2 1-496 0 83 9 This is billed on a one-part 126 The foregoing preliminary review suggests at least one troublesome area, i.e., the duration of existing contracts into the 1990's and the consequent diminished flexibility available to jurisdictional utilities to deal with the changing market conditions of deregulation. Although this inflexibility is expressly subject to FERC jurisdiction, it still is a potential difficulty. The monthly minimum charge feature of the tariffed rates gives meaning to contract duration and minimum quantity. All the major con tracts have minimum charge provisions (e.g., the demand portion in the CD-I rate). If the FERC moves towards reflecting more of demand costs in the demand charge, these minimums will become relatively more important in affecting bills. The reasonableness of these monthly minimum charge provisions is an open question and becomes more important particularly where substantial reductions in demand and commodity purchases are expected as prices rise. 127 SECTION III OBSERVED IMPACTS AND EXPECTED IMPACTS OF CHANGES IN WELL-HEAD PRICES ON NATURAL GAS CONSUMPTION IN IOWA A. This report is a summary of a study of the relationships in Iowa between yearly natural gas usage on a per customer basis and the factors which are observed to affect such usage. The purpose of this study is to predict the extent to which natural gas usage per customer in Iowa, by major customer class, is expected to be affected by changes in real retail prices and real well-head prices of natural gas. In the study, other factors affecting usage by customer classes are also considered. These additional factors include real income, heating degree days, and the real price of fuel oil. the years 1969-81. Data used in the study are yearly data for Data are for each of the eight major Iowa natural gas utilities (Interstate, Iowa Electric, Iowa-Illinois, Iowa Power, Iowa Public Service, Iowa Southern, North Central and Peoples). Together, these utilities account for approximately 97% of Iowa sales and customers of gas utilities. All price and income data are in real (1967) terms, being deflated by the Consumer Price Index - Wage Earners. Data include average usage per customer for each major customer class (residential, commercial, industrial and "other" including electric generating plant usage). Per capita personal income data by county by year were used, with the per capita personal income for a given utility reflecting weighted averages of the income figures for the counties in its service territory. Yearly heating degree days from seven weather stations around the state were used, weighted by individual utility sales in each region, to arrive at yearly measures of heating degree days for each utility. Yearly fuel oil prices are reflected by the North Central Region index of #2 heating 128 ' oil prices. Retail natural gas prices by year by utility by customer class were determined as average prices by dividing customer class revenues by class M C F ’ s. Well-head prices of natural gas by utility by customer class were more difficult to estimate. As seen in the discussion in Sections I and II of this Report, nearly all distribution (retail) utilities purchase gas from more than one transmission pipeline. Therefore, for each customer class for each distribution utility, the percentage of natural gas originating from each transmission pipeline was determined. Average yearly well-head prices per transmission utility were weighted by these percentages to obtain a weighted well-head price of gas for each retail customer class for each utility. Given these data, a number of questions were addressed. What changes in per customer usage, real retail prices, and real well-head prices have occurred over the 1969-81 period? Second, what is the relationship between real well-head prices and real retail prices for each customer class for each utility? Have these relationships changed through time as the well-head prices and pipeline price structures have changed? The third question is what is the impact of changes in real retail prices on customer class usage after making appropriate adjust ments for heating degree days and current real oil prices and real incomes? Next, since retail prices are expected to be related to well head prices, how does retail usage change as well-head prices change? Finally, what are the likely changes in usage by customer class and in total for each utility as real well-head prices change? B. Changes in Usage, Prices and Income between 1969 and 1981 - For the 1969-81 time period', considerable change has occured in the variables which may be affecting the usage of natural gas in Iowa. The experience 129 of Iowa Electric, as an example of the impact on one utility, is instruc tive. Results differ, of course among Iowa utilities. Table I Iowa Electric 1969 vs 1981 (Real 1967 Dollars) Variable 1969 Residential Sales (MCF) 13,239,144 Residential Customers 79,503 Usage per Residential Customer (MCF) - Actual 166.5 Customer (MCF) Weather normalized 161.8 Real Retail Price Residential/MCF $0,813 Real Well-Head Price Residential/MCF $0.140 Commercial Sales (MCF) 7,999,363 Commercial Customers 11,070 Usage per Commercial Customer (MCF) 722.6 Real Retail Price Commercial/MCF $0,565 Real Well-Head Price Industrial/MCF $0.140 Industrial Sales (MCF) 21,479,439 Industrial Customers 239 Usage per Industrial Customer (MCF) 89,872 Real Retail Price Industrial/MCF $0,288 Real Well-Head Price Industrial/MCF $0.145 Other Sales (MCF) 9,538,702 Other Customers 10 Usage per Other Customer(MCF) 953,870 Real Retail Price Other/MCF $0,252 Real Well-Head Price Other/MCF $0.145 Total Sales (MCF) 52,256,648 Total Customers 90,822 Usage per Total Customer(MCF) 575.2 Real Retail Price - Total/MCF $0.457 Real Well-Head Price Total/MCF $0.143 Real Electric Price Residential/kWh $0.0223 Real Electric Price Commercial/kWh $0.0232 Real Electric Price Industrial/kWh $0.0123 Real Electric Price - Other/kWh $0.0268 Real Fuel Oil Price (index) 97.00 Real Income/Capita $3206.74 Heating Degree Days (yearly) 7443 Heating Degree Days (69-81 yearly average) 7089 1981 11,774,476 102,457 114.9 123.7 $1,385 $0,687 7,539,662 16,054 469.6 $1,245 %0.689 13,796,649 451 30,591 $1,115 $0,742 309.053 9 34,339 $1,183 $0,742 33,419,840 118,971 280.9 $1,240 $0,711 $0.0229 $0.0244 $0.0167 $0.0244 251.26 $3815.61 6255 7089 130 For these utilities as a whole, the following results were obtained by comparing 1970 results with those of 1981: Table II Iowa Totals - 8 Major Utilities (Real 1967 Dollars) Variable Residential MCF Commercial MCF Industrial MCF Other MCF Total MCF Res. Usage/Cust. Comm. Usage/Cust. Ind. Usage/Cust. Other Usage/Cust. Total Usage/Cust. Res.-Real Retail Price Comm.-Real Retail Price Ind.-Real Retail Price Other-Real Retail Price Total-Real Retail Price Res.-Real Well-Head Price Comm.-Real Well-Head Price Ind.-Real Well-Head Price Total Real Well-Head Price 1970 88,375,773 52,996,785 134,649,607 47,525,729 323,547,894 164.6 842.4 92,925.9 3,168,381.9 538.0 $0,829 0.589 0.313 0.242 0.488 0.143 0.142 0.147 0.144 1981 73,290,448 46,656,693 110,012,632 2,232,849 231,955,006 114.4 614.4 69,584.2 131,344.1 323.0 1.452 1.304 1.145 1.129 1.272 0.699 0.695 0.738 0.718 As a further basis for comparison, Iowa prices by customer class were compared with U.S. average prices for 1980. These results are presented in Table III. In summary, considerable changes did occur during this period both in the market for natural gas and in markets for gas substitutes, particularly fuel oil. Our next problem is to identify why usage per customer changed the way it did. C. Relationships between Real Well-Head Prices and Real Retail Prices by Customer Class by Utility. To be able to predict the expected impact of a change in well-head prices on usage in Iowa, it is instructive and necessary to establish the relationships between real well-head prices and real retail prices. Plots of the relationships between these Table III AVERAGE PRICES $/MCF (1980) City Gate (Ave. Pi pel ine Rate) Residential Commercial Industrial All Sectors (1) U.S. 3.61 3.34 2.81 3.13 2.41 (2) Iowa 3.20 2.85 2.51 2.81 2.34 (3) 9 Largest Investor Owned Utilities in Iowa 3.15 2.82 2.51 2.78 2.38 3.02 2.68 2.23 2.64 2.25 Natural 3.36 3.08 2.66 2.95 2.34 M-W 3.58 3.24 2.91 3.04 2,82 By Pipeline Northern Sources: (l) and (2): (3): Gas Facts 1980, American Gas Association (AGÄ)* 1980 IG-1 reports from Great River Gas Co., Interstate Power Co., Iowa Electric Light and Power Co., Iowa-11linois Gas and Electric Co., Iowa Power and Light Co., Iowa Public Service Co., Iowa Southern Utilities Co., North Central Public Service Co., Peoples Natural Gas Co. * AGA states that 1981 data will be available in October or November 1982. 132 v a r ia b le s suggest that, as real well-head prices have increased in recent years, real retail prices have also increased, but ably smaller percentages. these relationships. by consider Exhibits I - V are instructive in noting (These exhibits reflect real retail prices (RGPR’ s) plotted against real well-head prices (WTWHPR's) by customer class - R=Residential;, C=Commercial, I=Industrial, 0=0ther, and T=Total). The following estimated equations provide empirical relationships for the plots from Exhibits I-V. These cross section-time series relationships were estimated for the time period 1969-81 for the eight major gas utilities. Table IV Real Re tail/We11-Head Price Relationships Residential Commercial Industrial Total (All Real Retail Price = 1.511 (Real Real Retail Price = 1.486 {Real Real Retail Price * 1.492 (Real Real Retail Price * 1.502 (Real coefficients are significant at WH Price)fa.311) R^ » .86 WH Price)fa*469) &2 _ WH = «95 WH Price)(0<563} R •= .87 the .01 level) In interpreting these equations, the power on real well-head price of "Total” of 0.563 implies that for every one percent increase in real well-head prices, there is a 0.563 percent increase in real retail price. No significant differences among utilities were observed. These models, of course, were estimated over the range of actual data and caution is required in projecting these relationships for real well-head prices considerably beyond the range of experience. It should be noted, however, that these relationships have been highly consistent through significant changes in pipeline pricing practices, changes in the cost of capital, and periods of curtailments. In summary, the ratios between real retail prices and real well head price have changed considerably since 1969 as well-head costs have constituted a greater percentage of retail prices. The relationship 133 between these have exhibited obvious patterns. Simple estimating equations (log-linear models) are useful in estimating these relation ships. D. Impact of Real Retail Price Changes on Customer Class Usage by Utility Yearly usage per customer has exhibited significant change (decrease) since 1969. Real retail prices have increased dramatically, especially for industrial customers. With minor changes in real income and real electric prices, effects on gas usage of changes in real retail prices and real prices of substitute fuels (fuel oil, in particular) should be observed after adjusting for heating degree days. In this study, demand models were estimated for each major customer class (excluding "Other") and for utility "Total" per customer usage as a whole. Individual models were tested over data ranging from 1969-81 to 1977-81 to determine if significant structural changes have occurred (oil embargo "shock" or post 1977 gas decontrol). Models for Commercial, Industrial and Total are generally insensitive to time period chosen while Residential models are insensitive to time period over the 1972-81 period. Dependent variables (to be explained) were per customer usage per year by customer class, to reduce problems of heteroscedasticity. Real retail price, real income, real price of electricity, real price of fuel oil, and heating degree days were used as independent variables in loglinear models. (The real price of electricity was not significant in these models). Dummy variables reflecting each individual utility were used to account for differences in customer class composition (defini tions of commercial and industrial customers may differ, for example, by 134 utility). Dummy variables took on values of 1 or 0, with 1 used to reflect the specific utility. The following is a summary of repre sentative models by customer class. q = Ar PG<A2) where Y (A3> Pq (A4> All models are of the form: HDD(A5) e(AJ-DJ) Q = Average yearly usage per customer per utility Pg = Real average retail gas price Y = Real per capital personal income Pg = Real price index for fuel oil HDD = Yearly heating degree days DJ = Dummy variable reflecting the J = (8-1) utilities A^ = Intercept/multiplicative variable A 2 = Price elasticity for gas A 3 = Income elasticity A 4 = Cross-price elasticity with fuel oil = HDD elasticity Aj = Coefficient on the J-th dummy variable. A$ = IPS; A 7 = INT; Ag = PNG; A9 * I-I; A 1 0 * IPWR; Au = ISOU; A 1 2 = NCENT; IE is the basic model. Representative results are the following: (Standard errors are in parenthesis) Table V Variables Coefficients Model Residential (74-81) Log Aj A 2 A3 A4 -4.18 -0.42 .48 (0.94) (.03) (0.17) A A5 A7 A9 A 10 A6 h AU 12 .0 2 .0 2 .59 -.04 .08 .1 0 .05 .15 0.91 (.1 0 ) (.0 2 ) (.0 2 ) (.0 2 ) (.0 2 ) (.0 2 ) (.0 2 ) (.0 2 ) Commercial (74-81) -2.74 -0.36 0.38 (1.74) (.04) (.31) .2 2 .67 .07 -. 46 .54 .34 .2 0 .77 0.96 (.17) (.03) (.04) (.03) (.03) (.03) (.03) (.03) Industrial (74-81) 8.01 .55 (0. 76) (0.08) .45 (-14) Total (74-81) 1.61 -.49 (2.23) (.07) .1 2 .40 .54 .06 .06 .07 -.14 - . 1 2 1.48 (.1 1 ) (.2 0 ) (.04) (.04) (.04) (-04) (.05) (.05) (.04) .28 1.99 .40 1.30 .75 - . 2 2 4.44 0.99 (.07) (.07) (.07) (.07) (-07) (.17) (.07) Models for "Other" consumers were not estimated, since this market is, to a great extent, being phased out. The inclusion of "Other" in the total does, however, may have the effect of causing a slight upward bias in the total price elasticity as is noted below in the well-head price models. From these models, total customers as a group, a price elasticity^A^ of approximately -.49 is estimated. As such, for a one percent increase 135 in the real price of gas, total usage per customer would be expected to fall by about 49/100 of one percent, everything else equal. E. Impact of Real Well-Head Price Changes on Usage by Customer Class by Utility. - From Sections B and C above, estimation has been presented regarding relationships between well-head and retail prices and between retail prices and usage by customer class. From these two sets of estimated equations, it is possible to estimate the relationship between usage and real well-head prices. If usage is a function of real retail price and retail price is a function of real well-head price, then usage is a function of real well-head price. Let R = 0 ^ 2 then Q = a 3 (ajW012) •l/*1* = a 3 *cx^1+w a2 = a 5W 6,L where R is the retail price, W is the well-head price, L is a factor reflecting other variables, and Q is the quantity consumed. The well head price elasticity, a6 , would simply equal the retail price elasticity(a4) times a2. Table VI Model Residential Commercial Industrial Total c*2 cti+ a2*a »t“a6 .311 .469 771 .563 -.42 -.36 -.55 -.49 -.13 -.17 -.42 -.28 As such, using this method, well-head "price elasticities should range from -.13 to -.42 depending on the customer class. If, indeed, a functional relationship exists between retail and well-head prices, the relationships between usage and well-head prices could be directly estimated rather than inferred as presented above. The 136 following is a summary of the results of these independent estimates. eAj'Dj Q = B P ®2 YA3 P A4 HDDA 5 V 1 WH 0 where variables are as previously defined except that real well-head prices are used. Well-Head Prices Models (Standard Errors in parenthesis) Table VII Variable Coefficients a9 Model Residential (74-81) Log Bj a3 b2 .50 -5.25 -. 17 (0.84) (.0 1 ) (.15) Commercial (74-81) .17 -1.71 -. 17 (1.75) (.0 2 ) (.32) Industrial (74-81) 6.87 -.46 ( .99) (.07) .62 (.18) Total (74-81) 1.09 -.34 (2.51) (.05) -.2 1 -.14 1.54 .98 .61 .0 1 .0 1 .28 .46 .03 (.14) (.2 2 ) (.04) (.04) (.04) (.04) (.04) (.05) (.04) Total (Exc. Other) -1.03 -.34 (2 .2 2 ) (.04) (74-81) .0 2 1.96 .99 .32 .56 .0 2 .04 -.2 0 -.1 1 .63 (.1 2 ) (.2 0 ) (.04) (.04) (.04) (.04) (.04) (.05) (.04) A4 -.07 .04 A10 .07 A 11 .0 2 A 12 -.0 2 (.09) A7 .03 *8 .6 6 .0 2 .0 2 .0 1 .0 1 ,0 2 .0 2 .0 1 A5 A6 .15 .19 .42 .34 .74 .73 .2 0 .53 .03 (.18) (.03) (.04) (.03) (.03) (.03) (.03) (.03) .38 1 . 2 2 .72 - . 2 1 4.47 .99 .25 2.05 (.07) (.07) (.07) (.07) (.07) (.07) (.07) A comparison of the predicted well-head price elasticities (Table VI) with the actual estimated elasticities (Table VII) suggests that the estimates and predicted are similar for all models. It should also be noted that Table VII includes a model of "Total" (excluding "Other) which, as expected, has a slightly lower (not observed here due to rounding) price elasticity than the total model. For predictive pur poses, this model should be used since the "Other" category has become insignificant in recent years. In sum, it is estimated that for each one percent increase in real well-head prices, retail residential and commercial sales volumes per customer would be expected to fall by 13-17/100 of a percent, industrial sales per customer would fall by 44/100 of a percent, and total sales per customer would fall by 35/100 of one percent. 137 Since 1978, the real weighted well-head price of gas has risen at a compounded rate of greater than 20 percent per year in Iowa. From this, a seven percent (34/100 x .20) yearly decrease in total sales volumes per customer in Iowa would be expected if the 20 percent real compounded rate continues. Industrial sales per customer would fall by approximately nine percent per year while commercial and residential sales per cus tomer would fall by about three percent yearly. These estimates assume normal heating degree days, no change in real income, and no change in the real price of fuel oil. Normal heating degree days must, of neces sity be used; no change in real income or in the real price of heating oil differs from recent experience in which both of those have fallen. If these should continue to fall, expected natural gas sales must accordingly be further reduced. Obviously, these estimates are conditional upon the anticipated real compounded changes in well-head prices. It is unrealistic to expect that real compounded price increases would continue at a 20% rate indefinately. Who would buy the gas? For 10 percent real well head price increases, the expected yearly percentage reductions in sales would be one half of the reductions estimated above. F. Summary - This study has suggested and provided empirical support for the factors affecting the quantities of natural gas demanded in Iowa. As real retail prices rise, as real income falls, as real fuel oil prices fall, and as heating degree days fall, natural gas usage per customer falls in Iowa by customer class by utility. Little change in the structure of these responses has occurred since 1969, suggesting that even with significant events occurring over the time period, 138 customers appear to respond to real prices, real income, and real prices of substitutes in a reasonably consistent manner, What this study has added is a method of estimating by how much usage changes as these factors change. Further, logical links have been made between real well-head prices and real retail prices and between real well-head prices and usage. The primary results of these links are that con sistency exists between methods and that estimates can be made of how much usage would change in Iowa as real well-head prices change. Results have been presented which allow such predictions to be made by customer class by utility and by utility total. The primary result is that overall usage per customer will fall by about 3.4% for each 10% increase in real well-head prices, everything else equal. The response by industrial customers would be considerably greater while responses by residential and commercial customers would be less in percentage terms. 139 APPENDIX B PIPELINE MILEAGE NATURAL GAS SUPPLIERS Michigan-Wisconsin 309.40 10.50 22.60 13.00 23.80 106.62 96.22 3.00 2.00 miles miles miles miles miles miles miles miles miles - 24» 16” 12” 10” 8” 6” 4” 3” 2” 587.14 miles Natural Gas Pipe Line 256.00 315.39 4.87 257.00 40.60 8.39 3.48 4.19 4.05 12.43 11.74 7.14 3.15 miles miles miles miles miles miles miles miles miles miles miles miles miles - 24» 36” 30” 26” 20” 16” 12” 10” 8” 6” 4” 3” 2” 928.43 miles Northern Natural Gas 433.94 325.02 228.98 332.97 349.62 45.78 237.19 195.22 610.56 649.95 517.21 352.58 miles miles miles miles miles miles miles miles miles miles miles miles _ - - - - 30” 26” 24” 20” 16” 12” 10” 8” 6” 4” 3” 2” 4,279.09 miles UTILITIES (INVESTOR OWNED) Great River Gas 1. 20 miles 10.80 miles 12.77 miles — 8" 6" 4" 24.77 miles 5,794.66 miles 140 PIPELINE MILEAGE NATURAL GAS UTILITIES (INVESTOR OWNED) ( Cont'd.) Interstate Power 1.00 4.00 10.49 0.02 8.55 5.95 2.50 miles miles miles miles miles miles miles - 16" - 12« - 8" - 6" - 4” - 2« - 1" 32.5 - 193. 79 miles miles Iowa Electric 2.00 37.30 99.96 14.53 40.00 miles miles miles miles miles 8" 6" 4” 3" 2" Iowa--Illinois 41.42 18.10 104.53 38.87 37.48 80.28 65.64 10.00 5.06 miles miles miles miles miles miles miles miles miles - 16" - 12" - 10" - 8" - 6" - 4" - 3" - 2" - 1" 401. 38 miles miles miles miles miles miles miles - 16" - 8" - 6" - 4" - 3« - 2" 119. 44 miles Iowa Power 7.00 15.00 17.01 12.69 30.62 37.12 Iowa Public Service 3.66 4.69 0.40 0.04 0.02 miles miles miles miles miles - 16" - 10" - 8" - 6" - 4" 8.81 miles Iowa Southern 22.58 miles 31.48 miles 23.68 miles - 4" 3" 2" 77. 7- miles 141 PIPELINE MILEAGE NATURAL GAS UTILITIES (INVESTOR OWNED) ( Cont’ d.) North Central Public Service 2.32 miles 10.25 miles 8.00 miles - 6” 3” 2" 20.57 miles Peoples Natural Gas 8.70 miles - 4" 30.30 miles - 3" 8.02 miles - 2" 47.02 miles 926.03 miles UTILITIES (MUNICIPALLY OWNED) Bedford Brighton Clearfield Corning Lenox Montezuma Morning Sun Moulton Tipton Wayland Wellman Winfield 21-496 0 15.66 14.09 6.50 9.50 21.00 14.70 4. 70 1.34 2.00 5.10 0.26 10.40 7.40 4.62 83 - 10 miles miles miles miles miles miles miles miles miles miles miles miles miles miles - 3" - 2" 2” - 4'* - 4" 4" - 3” - 2” - 1” - 2” 4” 2" - 3” - 2n 117.27 miles 117.27 miles 6,837.96 miles 142 APPENDIX C NATURAL GAS PIPELINE COMPANY*S STORAGE SERVICES Storage Service [S-l] S-I is available to DMQ-1 purchasers. Separately purchased DMQ-1 volumes are injected into Natural storage facilities. withdrawn for use between November 1 and April 30. to a two-part rate. Volumes injected are S-l is billed according The basic monthly demand charge is composed of: (1) the Section 3.2 Demand Charge applied to the maximum daily withdrawal quantity; and (2) the Section 3.3 Storage Capacity Charge applied to 45 times the maximum daily withdrawal quantity.^ The basic monthly commodity charge is composed of: (1) the Section 3.4 Volume Injection rate applied to the volume injections in that month; and/or (2) the Section 3.5 Volume withdrawal rate applied to the volume withdrawals in that month. Storage Service [MS-1] MS-1 is available to DMQ-1 or G-l purchasers. Separately purchased DMQ-I or G-l volumes are transported and injected into Michigan-Wisconsin Pipeline Company storage facilities (based on a transportation and storage agreement between Natural and Michigan-Wisconsin). Volumes injected are withdrawn for use between November 1 and February 28. NaturaV according to a one-part demand rate. MS-1 is billed by The basic monthly demand charge is the Section 3 Demand Charge applied to the maximum daily withdrawal quantity.® A. This basic monthly demand charge is decreased or increased according to any deficiency in withdrawal deliveries by Natural, or any requested withdrawal deliveries in excess of the maximum daiTy withdrawal quantity, respectively. B. This basic monthly demand charge is decreased or increased according to any deficiency in withdrawal deliveries by Natural, or any authorized overrun withdrawal deliveries in excess of the maximum daily withdrawal quantity, respectively. 143 Storage Service [MS-2] MS-2 is available to DMQ-1 or G-l purchasers. Separately purchased DMQ-1 or G-l volumes are transported and injected into Michigan-Wisconsin Pipeline Company storage facilities (based on a transportation and storage agreement between Natural and Michigan-Wisconsin, different from the agreement upon which MS-1 is based). Volumes injected are withdrawn for use between November 21 and February 28. according to a one-part demand rate. MS-2 is billed by Natural The basic monthly demand charge is the Section 3 Demand Charge applied to the maximum daily withdrawal quantity.^ Storage Service [MS-3] MS-3 is available to DMQ-1 or G-l purchasers. Separately purchased DMQ-1 or G-l volumes are transported by Michigan-Wisconsin Pipeline Company to Michigan Consolidated Gas Company storage facilities (based on a transpor tation agreement between Natural and Michigan-Wisconsin, and on a storage agreement between Natural and Michigan Consolidated). injected are withdrawn for use between November 1 and March 31. billed by Natural demand charge is according to a one-part demand rate. Volumes MS-3 is The basic monthly the Section 3 Demand Charge applied to 1/12 the sum of the maximum monthly withdrawal quantities.0 C. This basic monthly demand charge, in a given month, can be: (1) decreased or increased according to any deficiency in withdrawal deliveries by Natural, or any requested withdrawal deliveries in excess of the maximum daily withdrawal quantity, respectively; (2) increased according to any additional volumes provided by Natural, at the request of the purchaser, to compensate for injection volume deficiencies by the purchaser; and/or (3) increased according to any requested withdrawal deliveries which exceed both the maximum daily withdrawal quantity and the maximum withdrawal quantity for the withdrawal period. D. This basic monthly demand charge is decreased according to any deficiency in withdrawal deliveries by Natural. 144 Storage Service [LS-1] LS-1 is available to DMQ-1 or 6-1 purchasers. Separately purchased DMQ-1 or G-l volumes are injected into Natural storage facilities. injected are withdrawn for use between December 1 and March 31. billed according to a one-part demand rate. Volumes LS-1 is The basic monthly demand charge is the Section 3 Demand Charge applied to the maximum daily withdrawal quantity.E Storage Service [LS-2] LS-2 is the same as LS-1 above, only charged according to different tariff rates. Storage Service [LS-3] LS-3 is available to DMQ-1 or G-l purchasers. Separately purchased DMQ-1 or G-l volumes are injected into Natural storage facilities. Volumes injected are withdrawn for use between November 1 and March 31. LS-3 is billed according to a demand charge is the Section 3 one-part demand rate. The basic monthly Demand. Charge applied to the maximum daily withdrawal quantity.^ E. This basic monthly demand charge is: (1) decreased according to any deficiency in withdrawal deliveries by Natural; and/or (2) increased according to any additional volumes provided by Natural, at the request of the purchaser, to compensate for injection volume deficiencies by the purchaser. F. This basic monthly demand charge is decreased according to any deficiency in withdrawal deliveries by Natural. 02: IPS O 0 :N C 3 : 1P t L 0 4 M E 0 5 M A * I L L 0 6 : I A - S 0 U 0 7 : I N T E R PL G TS FOR THE F U L i 1969 THRU 1980 CAT ASET PLCT OF RGPR_R*WTWHPR..R SYMBOL IS VALUE C EN T R A L 8:29 T h u r s d a y i. JUNE OF U T I L ‘ _LtPJ>_ P..J T ' _1 #5_ 8 . 5 11 6 ' W4 _ ___4.1 85 8 2 l " 1 . 7 8 7 I ............ .......... 1 1 5 i . 2 ; A .t 6 7 5 47 13 2 4 7 8 " 1 2 1 .1 7 4 5 Ol 6 8 5 8 - ‘" w o 3 47 8 5 8 8 8 .. 6 63 6 5 . 1. 1 i 35 24 2 6 4 131 3< » 2 4 5 2 7 33 4 7 0 .6 — 13 2 6 4 - 7 » 0. 7 '• 0 .6 0. oc o .c t 0 .1 2 0 .1 8 C .2 4 C .3 0 0 .3 6 0 .4 2 C .4 e ii*Twi-PR_R “ AC LI.1. __ J_C.C5_.tAC JM S S INC VALUE S ie . CBS H lC C E N 0 .5 4 0 .6 0 0..6 6 0 .7 2 0 .7 8 0 .8 4 EXHIBIT 1 O l: P E O P L E S OliPEOPLES 0 2 : 1 PS C 3: IP €L 0 4 : J E 0 5 ^ I A = i l l 0 6 : 1 A - s £ l T l ) 7 : IK T ER P L O T S F O R T H E F G L L 1,969 T H R U 1 9 8 0 O A T A S E T PLCT ~C F~ R Q P R ~ C T W H PR _T ___ L. I I SYMBQL _ 14 2 132 ___ 14186.4__ 33e .78 . C .4 ? C .4 e KTW hFP_C fr.CJ.EJ.________Z _ C B S > A C H I S S I N G VALUES 22 CES H l C C E N I S ” V A L U E ~ C F U ^ it ” 08:N CENTRAL 8:29 THURSDAY, JUNE 24 , 2 1 93 2 C 3 : I P C L O A i l E 0 5 i I A * l L L 06 s I A - S C U 0 7 : I N T E R P L O T S F O R THE FU L L 1969 T H R U i9 60 O A T A S E T PL CT CF RC PR_I*V«TWHPR^I 5 0 .9 ... SYfBCL 16 ______ 3... 0 8 *N C E N T R A L 6:29 THURSDAY, JUN E 3 2<*. 1 9 82 IS V A L U E CF U T I L 6* I 2 -8___________ 1 RGPB. I _£*.a... . i5 5 5 5 66 26 <, 7 141A6666 2*37 _8 1*7 IA 7 O .b e 0 .1 2 0 .1 8 0 .2 * 0 .3 0 0 .3 6 0 .4 2 C .4 0 Mv,f-PP_i 2 CDS hAC KISSING VALLES cfc C E S H I C C E N 0.5<i 0 .6 0 0 .6 6 0 .7 2 0 .7 8 0 .3 4 0 .9 0 3 00 88 EXHIBIT C 1 : P E 0 P L E S 0 2 : 1PS O Z il'P T T T T T R L 04 : IE 05:1-»= I L lT T r 6 T r S - 5 C 0 '0 7 :'IT ,T P R “ 0 8 :7 T C £ N T R A L 8:29 PLOTS FOR THE FULL 1969 THRU 1980 DATASET plo t TTf Rg p r Ic ^ wfw h p r ^o sYMeoL~TT'Va l u F CF u t i l THURSOAY, JU NE 24 . 1982 ' R G P R .C 1.6 -‘-•-V_ 1 .4 1 .3 I*. 00 -- ~3-- ■ 2 4 5 424 42 3 24 5 24 _c_.3_ C. 2 EXHIBIT -Jr.I _C.?C_ 4 “ O T sPE D P LtS J .0 0 0 .0 6 C . 12 0 .1 8 0 .2 4 0 .3 0 0 .3 6 0 .4 2 0 .4 8 V*TWHPR_0 .MUEJ. ...4 fi„ GbS..>.AD. K I S S I N G VALUES 14 C I S H I C C E N 0 .5 4 0 .6 0 0 .6 6 0 .7 2 0 .7 8 0 .8 4 0 .9 0 EXHIBIT 5 150 Attachment To provide a visual representation of thé results of the real retail price models and of the real well-head price models, represen tative demand curves resulting from these models were developed. Electric usage data were used. Iowa The results are based on the total models, which provide estimates of yearly natural gas sales per cus tomer, where "customers" are simply Iowa'Electric's total number of gas customers. In preparing these demand curves, 1969-81 average heating degree days were used along with the 1981 index of real fuel oil prices. Of course, if heating degree days or real fuel oil prices were higher, there would be horizontal outward shifts in the demand curve. Retati Rate Iowa Electric Light & Power Company Predicted Demand Curve for Yearly Natural Gas Usage Per total Customer (All Prices in Real 1967 terms) (Average Yearly Heating Degree Days and 1981 Real Fuel Oil Prices Assumed) Zo .AO RFOIL*12 «o ita !K J 0* **' ßec».( DeUKectc) 20 A» 15 u$ i-o .15 .5 Wellhead Price Iowa Electric Light & Power Company Predicted Demand Curve for Yearly Natural Gas Usage Per Total Customer (A.11 Prices in Real 1967 terms) (Average Yearly Heating Degree Days and 1981 Real Fuel Oil Prices Assumed) 153 Senator Jepsen. Thank you. I would like to move along and make sure that all the panelists have adequate time. I will now welcome Dean Kleckner, president of the Iow^a Farm Bureau. I can remember, Dean, in 1976-77 I used to visit those areas quite frequently where we had some grain elevators. There were piles of grain on the ground to be dried and the dryers were running out of natural gas in some areas. As you know, a grain that is put in big piles and stored, with the high moisture for too long a time, is in danger of spoiling, or in danger of starting a fire. It’s a loss of dollars and a lot of other things, and there were times when in those days we didn’t have enough natural gas and they had to shut those dryers off. In fact, they didn’t have to shut them off; the gas was shut off. You may proceed, Mr. Kleckner. STATEMENT OF DEAN KLECKNER ON BEHALF OF THE IOWA FARM BUREAU FEDERATION, DAVENPORT, IOWA Mr. K le c k n e r . Thank you, Senator, and I appreciate the fact that you are having this hearing on this matter. I am Dean Kleckner. I farm in north-central Iowa at Rudd, and I serve as president of the Iowa Farm Bureau Association, and I ’m testifying on behalf of our 150,000 farm-family members of our Farm Bureau Federation. I commend you Senator, and I do remember those days that you spoke of because my co-op elevator was shut off. We do have an interest in our Nation’s future natural gas policy decisions. We not only rely on gas to heat our homes and dry our crops, but natural gas is a vital raw material for the production of fertilizers and farm chemicals. I ’m not going to read everything in of because my co-op elevator was shut off. Prior to the enactment of the Natural Gas Policy Act, our Nation was in a desperate search for new sources of natural gas. The artifi cially low price of natural gas over-stimulated the demand for the product. The gradual decontrol of some production under the NGPA has resulted in an expansion of supply and reserves, and we’ve already heard that documented today. In Iowa now, the present availability of natural gas far outdistances the demand. Now, as I go on in the bottom of that paragraph I say that we Iowans have reacted to market pres sures in that we have just simply cut back. However, just as the farm economy has not been the perfect market as envisioned by Adam Smith, so too has the market for natural gas been unduly influenced by Government intervention and take-or-pay clauses inserted in pro ducer pipeline long-term contracts. Each of these influences has caused an imbalance in the working of the market system. At our recently conducted meeting of the Farm Bureau Federation in Dallas, we adopted a policy which states in part—and I go down to the middle of the paragraph—“ Government regulations and punitive taxes levied on energy producers only serve to make the United States more dependent on foreign nations to supply our energy needs,” and I believe the basic part of our policy is what I have underlined. “We support deregulation of natural gas prices. We support legislation which will permit natural gas transmission lines to renegotiate take- 154 or-pay contracts that artificially inflate the price of such gas.” We believe that the free-market system is the best allocator of energy resources and the best provider of incentives for energy development and conservation. Some analysts predicted astronomical price increases with the phased removal of price controls on crude oil. With price control on crude oil completely eliminated in January 1981, and with consequent reliance on the market system for pricing, the Nation has seen crude oil prices stabilized, and recently, actually falling. U.S. production has stabilized from its long decline, and conservation has been encouraged. And, given the current inability of the OPEC nations to effectively control the price and quantity of oil each of its members produce, we may see a further decline in the price of oil, and I believe we are seeing it today. As natural gas prices are decontrolled, a similar outcome may result. Natural gas is a basic energy source and is a close substitute for other fuels. Its price will be influenced by the cost of our energy sources. Many industrial users presently have the capability to readily switch from natural gas to oil. This ability will force natural gas producers to competitively market their product so as not to price themselves out of a substantial share of the energy market, and I quote two people there, and that’s included in this as an appendage that, “ The majority view today is that the value of gas in an unregulated market is deter mined by the cost of substituting residual fuel oil for industrial and electric utility use.” While the price of natural gas will be influenced and determined by many factors, we must not neglect situations wherein pipeline com panies are in a monopoly or near-monopoly position. Most Iowa com munities have but one pipeline supplying its natural gas and at present there is no suitable substitute for natural gas for the production of nitrogen fertilizer. Care must be taken in these situations to assure that the pipeline companies do not abuse their advantageous bargain ing position to the detriment of captive consumers. Caution must also be exercised so that producers facing a pipeline monopoly will re ceive a fair return on their investment. I point out then that the American Farm Bureau Economic Re search Division published a report less than a year ago that explored the effect deregulation would have on the cost of anhydrous ammonia. Nearly 95 percent of the anhydrous ammonia produced in the United States uses natural gas in its manufacture. The price of natural gas used in this process will be influenced by the cost of other energy sources I ’ve already mentioned. Now, at least one study has predicted huge increases in the price of nitrogen fertilizer when natural gas prices are decontrolled, but these estimates were based on the assumption of $50-a-barrel crude oil. I want to make this very clear, that those $600 and $800 prices per ton of anhydrous ammonia that we hear about are really speculative today in view of today’s energy situation. Let’s assume that there would be some increase from the ¿982 estimate to $255 per ton. What would be the effect on the farmer? And I suggest in 1983 it’s going to be less. Our research economists postulate that using current average nitro gen application rates, the cost of production would increase. They fur- 155 ther state that even if ^prices rise to cover the extra cost, farmers will use less fertilizer simply because it improves profits. There are other circumstances that are coming into play. Assuming then that product price increases match the ammonia price increase, we believe, and I be lieve, the nitrogen fertilizer use will decline. I don’t believe we are going to be using the amounts in the future that we are using now. Reduced nitrogen use will reduce expenses and reduce yields. The re duced production will strengthen prices, and with higher nitrogen prices there will be new incentives to improve the efficiency ofm trogen application. All we’re talking about here, SenatprfIs a market system at work. Now, going on, the study that our staff conducted was prior to the announcement of the PIK program, the crop swap. Participation in this program will idle row-crop ground, thereby further reducing the demand for nitrogen fertilizer. Again, I predict that there will be real bargains on anhydrous ammonia and chemicals as we have less acres and we have suppliers fighting for the market that remains. We are going to react to increases in gas prices in other ways as well, and I list there six ways that I see that farmers will react to higher gas prices. We’re going to use more soil testing and analysis of fertilizer requirements for various crop alternatives. This is going to lead to more efficient use of nitrogen fertilizer and other fertilizers. There will be an increased demand for technology that will enhance efficient use of fertilizer. Senator, I remember back when nitrogen was 7 or 8 cents a pound and we just poured it on as we saw fit and if some escaped from the soil because it was a little too wet or cold it didn’t bother me. It does bother me now, and we have better equipment. So that is a func tion of price on the market, the improved equipment and cutting back a little bit and more efficiently using what’s there. Same thing with natural gas, LP gas in my case on the farm. When the price goes up I look for more efficient ways to utilize that. In creased use of legume coverage crops which produce nitrogen that can be used by succeeding crops. We’ll be seeing that this year with the crop swap or the PIK program. We’re going to be sowing alfalfa and sweet clover and putting back 80 pounds per acre that we won’t have to buy next year or the year after. We’re going to see some reduc tion in irrigation. Not a matter in Iowa, but much of the Nation uses a lot of irrigation, and a lot of gas is used in that irrigation process of driving those engines. We are adding insulation and weather stripping to buildings and homes heated with gas and other energy sources right now. Some switching to supplemental solar heat for low temperature grain drying to replace natural gas or LP. Use of heat lamps, electricity, as a substitute for heated farrowing houses as a substitute for gas. While none of the above adjustments alone will offset the expected price increase, when these alternatives are totaled, a market price impact will certainly be realized, and I think Ms. Hansen’s com ments on the declining-use point to some of that that has been in the farm in the rural areas as we are doing these things. Some fear that natural gas prices will fly up in 1985 when most sources of natural gas are deregulated. However, assertions by econ omists and others have lessened the fear of a fly-up. In fact, some 156 have stated that the price of natural gas has indeed reached the mar ket-clearing level. Ms. Hansen, I do believe we have reached market levels now. Issues of supply and deregulation of gas have been in the past few months put on th back burner in Iowa, and the subject of long-term producer pipeline contracts containing take-or-pay clauses have come to the fore. Take-or-pay contract clauses were included in producer pipeline contracts at a time when there was a perceived shortage in the supply of natural gas. I won’t go on here because our previous panel has already covered the take or pay. As I close out my comments I quote Christine Hansen in her testi mony before the Federal House Subcommittee on Fossil and Synthetic Fuels, and I would just like to go down, if you have a copy of my tes timony, Senator, toward the bottom, what we would want you to do. We urge the Joint Economic Committee to seriously consider imme diate deregulation of all natural gas prices and legislation that will permit natural gas transmission lines to renegotiate those contract clauses. I quote Milton Copulos, director of studies at the Heritage Foundation, “ I f there is one lesson to be learned from the history of natural gas regulation in the United States, it is that the market works best.” And something that’s not on there, a quote from Dean Kleckner, “ There is no shortage of anything anywhere in the world where the market sets the price.” Senator, I have asked economists of noted scope if that’s a true state ment and no one disagrees. Shortages don’t exist where the market sets the price. Thank you. [The prepared statement of Mr. Kleckner, on behalf of the Iowa Farm Bureau Federation, follows:] 157 P repared S t a t e m e n t I owa F of D ean arm B K leckner ureau F on B ehalf of the e d e r a t io n On behalf of the 150,000 farm family members of the Iowa Farm Bureau Federation, I would like to express my appreciation to the Joint Economic Committee, and its chairman, Senator Roger Jepsen, for the opportunity to comment on our nation’ s natural gas supply and marketing situation. name is Dean Kleckner, My I am a farmer from Rudd, Iowa, and have had the honor of serving as a president of the Iowa Farm Bureau Federation since December, 1975. Iowa farmers have an interest in our nation1s future natural gas policy decisions. We not only rely on gas to heat our homes and dry our crops, but natural gas is a vital raw material for the production of fertilizers and farm chemicals. Prior to the enactment of the Natural Gas Policy Act (NGPA), our nation was in a desperate search for new sources of natural gas. The artificially low price of natural gas over-stimulated the demand for the product. The gradual de-control of some production under the NGPA has resulted in an expansion of supply and reserves. In Iowa, the present availability of natural gas far out-distances the demand. Since 1974, according to Iowa state commerce commission figures, the total amount of natural gas consumed in Iowa has steadily declined, while the total revenue from the sale of natural gas has sky r o c k e t e d . ^ Due to the dramatic increase in price, Iowans have greatly increased their appreciation for, and use of, energy conservation measures. pressures. 21-496 0 83 11 Simply stated, Iowans have reacted to market 158 However, just as the farm economy has not been the perfect market as envisioned by Adam Smith, so too has the market for natural gas been unduely influenced by government intervention and take-or-pay clauses inserted in producer-pipeline long-term contracts. Each of these influ ences has caused an imbalance in the working of the market system. At the 1983 American Farm Bureau Federation convention, the delegates adopted a resolution on energy which states in part: "It is imperative to the nationrs long-term best interest that govern ment and private industry work cooperatively and immediately to develop all possible sources of energy. market should be eliminated. Bureaucratic interferences in the energy Government regulations and punitive taxes levied on energy producers only serve to make the United States more depen dent on foreign nations to supply our energy needs. Congress should encourage capital investment for the development of domestic oil and gas exploration by the competitive enterprise system and deregulation. support deregulation of natural gas (prices). We We support legislation which will permit natural gas transmission lines to renegotiate take-orpay contracts that artificially inflate the price of such gas." We believe that the free market system is the best allocator of energy resources and the best provider of incentives for energy development and conservation. Some analysts predicted astronomical price increases with the phased removal of price controls on crude oil. With price control on crude oil completely eliminated in January 1981, and with consequent reliance on the market system for pricing, the nation has seen crude oil prices stabilized, and recently, actually falling. U.S. production has stabilized from its long decline and conservation has been encouraged. And, given the current 159 inability of the OPEC nations to effectively control the price and quantity of oil each of its members produce, we may see a further decline in the price of oil. As natural gas prices are decontrolled, a similar outcome may result. Natural gas is a basic energy source and is a close substitute for other fuels. sources. Its price will be influenced by the cost of other energy Many industrial users presently have the capability to readily switch from natural gas to oil. This ability will force natural gas produ cers to competitively market their product so as not to price themselves out of a substantial share of the energy market. According to Arlon Tussing and Connie Barlow, in an article published by the Public Utility Fortnightly, "The majority view today is that the value of gas in an unregulated market is determined by the cost of substituting residual fuel oil (for) industrial and electric utility (use)." ( 2) While the price of natural gas will be influenced and determined by many factors, we must not neglect situations wherein pipeline companies are in a monopoly or near monopoly position. Most Iowa communities have but one pipeline supplying its natural gas and, at present, there is no suitable substitute for natural gas for the production of nitrogen fer tilizer. Care must be taken in these situations to assure that the pipe line companies do not abuse their advantageous bargaining position to the detriment of captive consumers. Caution must also be exercised so that producers facing a pipeline monopsony will receive a fair return on their investment. The American Farm Bureau Federation Economic Research Division published a report in the March 8, 1982, Farm Bureau News, exploring the effect of deregulation on the cost and use of nitrogen fertilizer. 160 Nearly 95 percent of the anhydrous ammonia produced in the United States uses natural gas for its manufacture. The price of natural gas used in this process will be influenced by the cost of other energy sour ces, as I have already mentioned. At least one study has predicted huge increases in the price of nitrogen fertilizer when natural gas prices are decontrolled. (o) however, were based on assumption of $50 barrel crude oil. These estimates, This assumption is quite speculative in view of today’ s energy situation. However, let us nevertheless assume that there would be some increase in the cost of nitrogen fertilizer from the 1982 estimate of $255 per ton. What would be the affect on farmers? The American Farm Bureau Research Division economists postulate that using current average nitrogen application rates, the cost of production would increase. They further state that even if prices rise enough to cover the extra cost, farmers will use less fertilizer simply because it improves profits. Income maximizing producers will increase nitrogen costs until the cost of additional fertilizer needed to produce an additional bushel of grain is equal to the value of that additional bushel. Unless product price increases match the ammonia price increase, nitrogen fer tilizer use will decline. reduce yields. Reduced nitrogen use will reduce expenses and The reduced production will strengthen prices. With higher nitrogen prices, there will be new incentives to improve the efficiency of nitrogen application. Furthermore, the study of the AFBF staff was conducted prior to the announcement of the PIK program. Participation in this program will idle row crop ground, thereby further reducing the demand for nitrogen fer tilizer. 161 The farm community will react to increases in gas prices in other ways as well. 1. The responses will take to forms of: More soil testing and analysis of fertilizer requirements for various crop alternatives. This will likely lead to more efficient use of nitrogen fertilizer and other fertilizers. There will be an increased demand for technology that will enhance the efficient utilization of fertilizer; 2. Increased use of the legume cover crops which produce nitrogen that can be used by succeeding crops; 3. Some reduction in irrigation and a search for techniques to improve irrigation efficiency; 4. Add insulation and weather stripping to buildings heated with gas; 5. Some switching to supplemental solar heat for low temperature grain drying to replace natural gas or LP gas; and 6. Use of heat lamps (electricity) as a substitute for heated farrowing houses. While none of the above adjustments alone will offset the expected price increase, when these alternatives are totaled, a market price impact will certainly be realized. Some fear that natural gas prices will "fly up" in 1985 when most sour ces of natural gas are deregulated. However, assertions by economists and others have lessened the fear of a "fly up". In fact, some have stated that the price for natural gas has indeed reached the market clearing level. Issues of supply and deregulation of natural gas have been, in the past few months, put on a backburner in Iowa, and the subject of long-term pro ducer pipeline contracts, containing take-or-pay clauses, have come to the fore. 162 Take-or-pay contract clauses were included in producer pipeline contracts at a time when there was a perceived shortage in the supply of natural gas. These contract clauses dictate that pipeline companies agree to buy a certain percentage of newly found gas. In order to take the amount of gas contemplated by these clauses, pipeline companies have cut back the purchase of "old" cheaper gas. Today’ s supply of natural gas and the demonstrated ability of the natural gas consumer to react to market pressures, lead to the conclusion that these clauses are but another market skewing device. Commissioner Christine Hansen of the Iowa state commerce commission, in her testimony before the House Subcommittee on Fossil and Synthetic Fuels, stated, "As we have seen with the Iowa experience, the Natural Gas Policy Act did solve the supply problem and did permit the market to react to real change in natural gas pricing. The existing long-term producer-pipeline contracts will prohibit efficient market reaction. Unless flexibility is forced into these long-term contracts, they will not reflect accurate demand and price levels in the future. The gluts of natural gas are not going away until contract inflexibility is mitigated." We urge the Joint Economic Committee to seriously consider immediate deregulation of all natural gas prices, and legislation that will permit natural gas transmission lines to renegotiate these contract clauses. Allow me to end my statement with a quote from Milton Copulos, Director of energy studies at the Heritage Foundation in Washington, D.C., "If there is one lesson to be learned from the history of natural gas regulation in the United States, it is that the market works best." (5) 163 Footnotes ^See testimony of Commissioner Christine Hansen before the House Subcommittee on Fossil and Synthetic Fuels, August 9, 1982, Appendix A. 2Arlon R. Tussing and Connie C. Barlow, "The Rise and Fall of Regulation in the Natural Gas Industry," Public Utilities Fortnightly, March 4, 1982, p . 18. ^See, "The Impact of Old Gas Decontrol on Iowa’ s Farms," released by the Iowa Citizen/Labor Energy Coalition, September 12, 1982. 4 See footnotes 1 and 2. 5 Milton Copulos, "The Controls Are On You," Inquiry, August 1982, p. 33. Other References Barry P. Brownstein, "Natural Gas: The Case For Immediate Deregulation," Policy Report (Cato Institute), August 1982. Sheila S. Hollis and Paul E. Strohl, Jr., "Squaring the Circle: Implementing the Agricultural Use Exemption from Incremental Pricing Under the Natural Gas Policy Act," Natural Resources Lawyer, Vol. XV, No. 2, 1982. Steve Mufson, "Gas Consumer Say Pipelines Are Paying More Than Necessary for Their Supplies," Wall Street Journal, November 11, 1982, p. 46. Natural Gas Policy Task Force of the Iowa State Commerce Commission, Revised First Report, August 4, 1982. William Baldwin, "Paying the Piper," Forbes, November 22, 1982, pp. 42-43. 164 Senator J e p s e n . N o w I will recognize John Daniel Gas & Electric. Welcome, John, you may proceed. STATEMENT of Iowa-Illinois OF JOHN DANIEL, VICE PRESIDENT-OPERATION, IOWA-ILLINOIS GAS & ELECTRIC CO. Mr. D a n i e l . We appreciate the opportunity to make a statement before this committee. My name is John Daniel, and I am vice president-operation for Iowa-Illinois Gas & Electric Co. In the structure of the gas industry we are a distributing company, and many of our customers, I ’m afraid, don't fully comprehend that. We do not produce gas, neither do we transmit it. We distribute nat ural gas to about 225,000 customers in the Quad Cities, Iowa City, Cedar Rapids, Fort Dodge, Ottumwa, and several smaller municipali ties. At each city we have only one available pipeline supplier. In the Fort Dodge area the supplier is Northern Natural Gas Co. In each of the other areas it is Natural Gas Pipeline Co. of America. They are not common carriers, but sell us gas they have under contract at rates set by the Federal Energy Regulatory Commission. Our goal at Iowa-Illinois is for our customers to have a dependable supply of natural gas at an affordable price. In an effort to accomplish this objective, our company is in frequent communication with its sup pliers as to our supply requirements and the price of gas. We partici pate in hearings before the Federal Energy Regulatory Commission regarding rate increases of our pipeline suppliers, particularly with regard to matters of rate design. We take this action to protect the interests of the company, which are also our customers’ interests. The rates paid to producers by the pipeline companies currently are estab lished by the Federal Energy Regulatory Commission and by Congress through the enactment of the Natural Gas Policy Act. Pipeline and producer costs represent about 80 percent of the retail customer’s bill. The producer costs alone represent about 60 percent of the bill, and it has been this component of the cost which has been increasing at the greatest rate in recent years and is largely respon sible for the significant increases in gas prices. At Iowa-Illinois, as Commissioner Hansen has indicated, in regard to Iowa we are fortunate that the price we pay for natural gas is well below the national average. We purchase the gas requirements for most of our service territory, as I indicated earlier, from Natural Gas Pipe line Co. of America, a pipeline company currently with the second low est cost of gas among the 26 major pipelines in this country. This has led to residential rates which in 1982 were 9 percent below the national average. The real price of natural gas for residential use has risen 55 percent since 1960. That increase is due to the conscious national decision to decontrol the price of gas at the wellhead to assure an adequate supply and let it rise to its true competitive value. In real terms, with the cost of gas reflecting the costs we as a distributing company control, has de clined 34 percent since 1960. The level at which natural gas should be priced is a complex issue. The balance between supply and price is very delicate. Earlier regula tion kept wellhead prices so low that severe shortages and curtailments were experienced during the 1970’s. Had the price of natural gas been 165 permitted to rise to its true competitive value in other years, many of the conservation measures being undertaken would have been in place. As a result, customer bills likely would have been less and supply ample. Iowa-Illinois, along with other gas distributors, has spent consider able time and effort to combat actions that might lead to unnaturally high gas costs. Iowa-Illinois has joined with otiier gas utilities in urg ing the Federal Energy Regulatory Commission to curb escalating gas prices, and we have urged congressional action which may be necessary to deal with pricing problems m the short run. We must, however, pro ceed with caution lest action be taken that will be necessary again. In the longer run, we believe the marketplace should determine the price o f natural gas. Natural gas is in competition with oil and must respond to changes in oil prices which would materially affect gas sales. We are seeing an increasing trend by industrial customers to switch from natural gas to oil, or, where possible, to coal. As indus trial sales are lost, an even heavier burden falls on the distribution company and its residential and small commercial consumers. Regula tion has difficulty responding to the changing market conditions in a timely manner. We do not believe that extending wellhead price con trols beyond the existing legislative period is in the best interests of our customers. We are very concerned with rising gas prices and the impact on customers. We also recognize that contracts with gas producers hav ing clauses that now contribute to an undesirably high gas price were entered into with good intention, and I ’ll not go into them. They have been discussed by other panelists. Some contracts with producers are being renegotiated to modify such troublesome contract terms as has been indicated previously. We urge and support such negotiations. Increases in gas prices appear to be moderating, and we believe they will continue to moderate as long as oil prices remain relatively stable. However, we believe the gas industry and Federal agencies should work together for a solution that would slow down the spiraling cost of gas, but which would be fair for the producers and the pipeline companies. That concludes my statement. Senator J e p s e n . Thank you, John. Now, to move along, I w^ould ask Linda Blanchard and Gordon Dunn to come to the table and I under stand you both have some statement you would like to make. Ms. B l a n c h a r d . Right. Senator J e p s e n . You may proceed. STATEMENT OF LINDA BLANCHARD, PRESIDENT, IOWA CITIZENS FOR COMMUNITY IMPROVEMENT, DES MOINES, IOWA Ms. B l a n c h a r d . Thank you, Senator. Senator Jepsen, members of the Joint Economic Committee, ladies and gentlemen, thank you for the opportunity to present testimony on behalf of the Iowa Citizens for Community Improvement. Iowa CCI is a network of community organizations which include CCI groups in Cedar Rapids, Council Bluffs, Des Moines, Waterloo, and the Coalition for Community Re form in Sioux City. Increasing numbers of Iowans are cold, hungry, and angry; 95,000 Iowans are now unemployed and seeking a job. Over 10,000 Iowa farmers are being forced by creditors to sell their land and/or equip 166 ment; 204,000 Iowans received food stamps in December; 80,000 Iowans applied for federally funded fuel assistance. These figures are in striking contrast to the conditions reported by the utility companies, pipelines, and natural gas producers doing busi ness in Iowa. Iowa Resources, parent company of Iowa Power & Light, reports a net 1982 income of $36 million. InterNorth, parent company of Northern Natural and Peoples Natural Gas Co., experienced record profits in 1981, and earned $3.01 per share in 1982 despite holding out $64 million in the fourth quarter of 1982 for bad management deci sions. Exxon, the Nation’s largest natural gas producer, reported prof its of $1.48 billion in the final 3 months of 1982; 20 corporations owned in excess of 70 percent of our natural gas supply. The board members of these corporations appoint each other to sit on the boards of the country’s largest banks, insurance companies, and other major in dustries. Low and moderate income families worry themselves sick, and in some cases to death, over basic survival decisions concerning food, shelter, health, and warmth. Meanwhile, corporation fat cats are flying to Jamaica and other warm places to plot additional ways to control our lives. There is no economic justifiction for today’s expensive natural gas prices. The consumer is at the mercy of the utilities, the pipelines, the producers, and State and Federal regulators. Iowa CCI insists that the State and Federal agencies and our elected representatives act in the best interest of the American people. This means saying no to the few greedy, powerful, middle-aged white men who sit on the boards of Exxon, Arco, Texaco, Standard, Shell, Mobil, and about 14 other companies who continue to put their regard for profits above our Nation’s security and the well-being of people all over the world. While we do believe in miracles, it is very doubtful that the Federal Energy Regulatory Commission, the U.S. Justice Department’s Anti trust Division or other agencies charged with protecting the interests of the general public will take the corrective action necessary to put natural gas prices under responsible control. Therefore, Iowa CCI ioins with National Peoples’ Action and other community groups from across the country in calling for the follow ing comprehensive legislative changes: One, extend controls on natural gas. Since big oil controls the sup ply, the Federal Energy Regulatory Commission should start con trolling the price in the interest of the American people. Two, place controls on all gas. The producers now cap cheap gas and intentionally dig deep wells in order to get the highest price. Three, roll back prices on natural gas to the 1978 price levels. The political deal that was cut in 1978 in order to get the Natural Gas Policy Act through Congress has turned into a raw deal for the Ameri can people. Roll back prices in order to check the greed of the big oil companies. Four, eliminate take-or-pay contracts. A thorough investigation of the producers and pipeline companies will reveal that their interests are so entwined that price-fixing and self-dealing practices are the rule, not the exception, in the contract negotiations. Five, cap expensive gas and require pipelines to purchase the least expensive gas. This will encourage producers to make the least ex 167 pensive gas available instead of the most expensive gas, the way the current system is working. {Six, eliminate lndeiiiiite escalator clauses. Producers should be al lowed only tnose increases which can be justified by actual production costs, not irrelevant economic indicators. Seven, shut the back door on FERC. The Federal Energy Regula tory Commission has tried to raise the ceiling prices on various cate gories of gas and decontrol other categories. FERC’s authority to make rule changes which result in higher prices must be stopped. Eight, ruling on purchase gas adjustments. Pipelines and utilities should not be allowed to collect PGA rate increases unless they are approved by FERC. No interim increases should be allowed. It is time for our elected representatives to stand up to the big oil corporations and stand up for the American people. Iowa CCI calls for immediate and comprehensive action to stop the fraud and abuse which is causing so many people to suffer while a privileged few gain. Thank you. Senator J e p s e n . Thank you. Gordon Dunn, now, from CCI. STATEMENT OF GORDON DUNN, VICE PRESIDENT, CITIZENS FOR COMMUNITY IMPROVEMENT, CEDAR RAPIDS, IOWA Mr. D u n n . Thank you for inviting us here to speak. I have an adaptation of remarks that I presented to the Federal Energy Regula tory Commission. The decontrol of natural gas prices has been the goal of the fuel industry since long before the various energy crises. During the 1960’s, the industry fought the development of pricing rules by the Federal Power Commission, even though gas discoveries and reserves had been constantly increasing. Then in 1968 the Supreme Court upheld the right of the Federal Power Commission to control the prices, along with the provision that the FPC would allow producers to increase the price of their gas whenever the gas association’s figures showed that the rate of new discoveries has decreased.1 The gas association’s figures soon began to show declining reserves. This data was very hard to verify because it was provided by the producers themselves and there were obvious incentives to fudge the figures. Thus, Congressman John Moss’ Commerce subcommittee found that in the early 1970’s the gas association had not reported 8.8 trillion cubic feet of discovered natural gas. Of course there are other reasons why the fuel industry might want higher prices. Most of the gas is produced by oil companies who also have substantial holdings in coal. These fuels will be much easier to sell at their present high prices if natural gas escalates to an equally expensive price. In 1978 the petroleum industry achieved its goal with the aid of a very clear-cut political deal. Since all parties to this contract agreed that low- and moderate-income households would be hurt by steep price increases, the deal included a package of energy assistance, weatherization grants and low-interest loans for solar improvements. These programs were to be funded by part of the windfall profits tax, thus lessening the impact of this massive transfer of wealth from poor to rich. 5 “ Who Owns The Earth” , James Ridgeway, 1980, Public Resource Center. 168 The assault of the present administration on programs designed to help people who are trying to improve their homes has turned this arrangement into a raw deal. The administration has impounded and then reduced funding for low-income weatherization. These pseudo economists have slashed the financing of low-interest loans for home conservation and even attacked the tax credits for solar energy. At the same time, the Government has increased direct subsidies to the energy industry to a level of $10 billion a year. Along with ridiculously high interest rates, these so-called cutbacks are stripping natural gas con sumers of their ability to cope with price increases. Since the admin istration and energy lobby have broken their contract with the Ameri can people, we demand that the increase in natural gas prices be rolled back to 1978 levels and the basic deal be renegotiated. We come now to the role of the regulatory agency in energy policy. The bottom line of the regulatory process is to insure accountability and equity in situations which are not controlled by normal market forces. Wherever there is economic concentration in industry, there is even a partial monopoly, there should be close regulation, for with out it the chances for abuse become facts of abuse. Iowa CCI alleges collusion in the energy industry between producers and distributors of natural gas. The purpose of this conspiracy is to accelerate the rise in natural gas price levels beyond the schedule set by the Natural Gas Policy Act of 1978. The energy conglomerates have made these decisions with the knowledge that conservation options are being closed off to consumers, and that this abuse is a form of economic piracy. Thank you. Senator J e p s e n . Thank you. We will now welcome Constance Berka, United Neighbors of Davenport. STATEMENT OF CONSTANCE J. BERKA, SPOKESPERSON, UNITED NEIGHBORS, INC., DAVENPORT, IOWA Ms. B e r k a . Senator, it is indeed an honor to be here today, and we thank you and your office for letting us have the pleasure of speaking before your committee. I am Constance J. Berka. I live at 618 Myrtle St., Davenport, Iowa. I am a member of United Neighbors, and also a community advocate. United Neighbors is an inner-city based community organization with 3,400 active household members. Recently United Neighbors formed an ad hoc committee to deal with the utility crisis because the cost of utilities has become the number one survival problem in our neighborhoods. As you are well aware, Senator Jepsen, we do not live in southern comfort, we live in Iowa and it gets cold here in the winter time. The reason I am speaking here today is because I represent the typical, low income, inner-city utility consumer. Davenport is serviced by Iowa-Illinois Gas & Electric Co., whose supplier is Natural Gas Pipeline Co. of America. Paying my utility bill is a hardship one month to the next. I am on a fixed income, as are many others in the area. In Davenport for 1982, Iowa-Illinois mailed out 49,764 disconnect notices. Of those, 4,371 households were actually disconnected, which gives you a dis 169 connection rate of 8.78 percent. Besides putting a strain on me, it is definitely putting a burden on the agencies that give direct assistance. The Scott Couty General Relief Office has assisted 155 individual family members with $11,000 already this fiscal year just for utilities. Last year the Scot County General Relief Office spent approximately $33,000 on utility assistance, with the projected expenditure of $44,000 to $48,000 for this current fiscal year. United Neighbors itself has assisted 558 households with utilities in 1982 alone. Iowa East Cen tral T.R.A.I.N., our local energy assistance agency, has received 4,200 calls for assistance this year. Clients call in to give their name, their address and their phone number, and then are placed on a waiting list; 2,800 applicants have been approved thus far this year. The demand for assistance is far greater than the money available, and, therefore, T.R.A.I.N. is expected to run out of money. It seems that Iowa-Illinois is out to get a profit at any cost. For example, the Louisa plant. Why pay for something that we don’t need? We feel that Federal legislation must be pased to stop these increases in natural gas prices. We feel the company is forgetting who is paying th bills and in turn is making a profit for the company. We, the consumers, ask you, what do we get in return? High bills and rate increase. We have rights too. That is why people are organ izing and fighting back, because they are fed up with the way the ssytem is run. I want you to know that there are other States fighting with the utility companies, as well as with their commerce commis sions. We feel that these rate increases have gone out of proportion. I recently heard of a case where an elderly person was sitting in her home with the thermostate set at 58 degrees, wrapped in sweaters because she could not afford to pay the utility bill. This is just one ex ample of how hard it is hurting people on fixed incomes. My house has been insulated by T.R.A.I.N., our local energy assistance program. I have storm windows, and I try very hard to conserve energy. In the summer my bill runs $40 to $45. In the winter my bill runs $350. So you can understand why I am upset. Davenport is being hit by high unemployment. November 1982 fig ures were 12.6 percent for Davenport and 17.5 percent for the Quad Cities. For the month of December 1982 the unemployment rate for the Quad Cities was 18.8 percent. Due to this high unemployment rate, outrageous utility rates are hurting the Davenport consumer, who is already having a hard time making ends meet. United Neighbors is against any further rate increases. We would like to see a weathherization program sponsored by the utility com pany without the cost being passed on to the consumer. In addition, Senator Jepsen, we understand that you want to do something about high natural gas prices. We are requesting that you introduce a bill in the Senate which is similar to the “ Freeze Prices, Not People” leg islation that Cardiss Collins from Chicago is introducing in the House. This is a comprehensive bill which includes the following points: No. 1, extend controls on natural gas; No. 2, roll prices back to the 1978 level and then work on readjustment of prices: No. 3, eliminate take-or-pay contracts; No. 4, close the back door on FERC; No. 5, eliminate auto matic purchase gas adjustments; and No. 6, put all categories of nat ural gas under control. 170 We will be monitoring you, Senator, Jepsen, to see that you are actively working on this legislation and that you do vote in favor of cutting natural gas prices. We are glad that politicians such as you in Washington, D.C., and in the Iowa State Legislature are trying to pass utility reform. I say it’s been time for a long time. We just don’t want to sit there and listen. We want you to do something. There is a saying all over the country, when it comes to utilities you either freeze or you eat. Which do you choose ? Before me I have a ballot used in a national campaign, “ Freeze People or Freeze Prices.” We are not asking for your signatures now. When you get back to Washington, D.C., wre the constituents of Iowa Avili know by the way you vote, and we sincerely hope we have your support in this campaign. I sincerely thank you. Senator J e p s e n . Thank y o u , Constance. Now, Opal Morrow may proceed. Ms. Morrow. Opal Morrow, is that correct ? STATEMENT OF OPAL MORROW, MEMBER, UNITED NEIGHBORS, INC., DAVENPORT, IOWA Ms. M o r r o w . Opal Morrow, Senator Jepsen. I am Opal Morrow, and I live at 1012 Arlington Ave. in Davenport, Iowa. I ’m a member of United Neighbors, and also a member of the Machinists Union, Lo cal No. 388. I was a production worker at Bendix for 4 years, but on January 29,1982,1 was laid off. I have been unemployed now for over 1 year and currently I am receiving unemployment benefits. To be quite honest, I don’t know what I ’m going to do when my benefits are terminated in 6 weeks. During the 4 years I was employed at Bendix I was earning $8.30 per hour, and the thought of not being able to pay my utility bill never entered my mind. Now, however, due to the increases in natural gas prices and my inability to find employment because of the poor econ omy, I am unable to pay my utility bill. This year for the first time I had to apply for energy assistance through Iowa East Central T.R.A.I.N. our local energy assistance program. T.R.A.I.N. has ap proved my application and will be assisting me with $160, however, my accumulated utility bill is $250. I am one of thousands of laborers in this area who has been hurt by the poor economy. Efficient use of energy is essential for a healthy economy. Local industries such as Case, International Harvester, John Deere, and Caterpillar are huge consumers of energy, and also the most wasteful. These factories are encouraged by the pricing structure to be wasteful because the more they use energy the less they pay per unit. Increases in natural gas prices do affect all sectors of our local econ omy, business, industrial, municipal, and residential. Industries pass on production cost increases to the consumer, thereby driving up in flation. People can’t afford to buy and inventories go up. When in ventories go up, workers get laid off. As utility costs increase, pro duction costs increase for industry. These increases are passed on to the consumer as higher prices. The consumer is forced not only to pay more for their own utilities, but also to pay for industries’ increased utility costs. This adds to inflation, large inventories, and, finally, 171 high unemployment. The Quad Cities is a classic example of this. This high cost of energy takes away money that would be paid for wages and benefits. I ’m an example of how high energy costs are hurt ing the American laborer. Our municipal governments also pass on their increased utility costs to us through fewer services or higher taxes. Higher taxes lessen the consumers’ buying power. This, plus fewer city services once again increase high unemployment in our cities. Senator Jepsen, you must help us in our battle against high utility bills by introducing Federal legislation that would control all cate gories of natural gas. Second, we ask that you be more creative when looking at the energy problem. For example, the Federal Government could encourage industry to conserve and subsidize industry and small businesses to develop alternative energy sources such as solar and wind. Also, tax breaks for weatherization and funding for mass transit. A campaign to create jobs through energy conservation and alter native energy sources would be a major boost for the economic condidition of low- and moderate-income consumers and working people. Such a program would help slow down inflation and stabilize the econ omy. According to the former director of the Iowa Energy Policy Council, 85 percent of the money spent on inported energy leaves the State, while only 15 percent of the money stays in the State in the form of wages, and taxes, and so on. On the other hand, of the dollars spent on conservation and other nonenergy expenditures such as retail sales or goods, 60 percent stays in the local economy and is, therefore, more productive. Such a program of conservation and alternative energy sources would create jobs, save energy, help fight inflation, and create a greater economic self-sufficiency. President Reagan has stated that he wants to strengthen the economy and bring inflation down. As a U.S. Senator supporting our President, your only alternative to realize these goals is to sponsor legislation that would control natural gas prices and short alternative energy source. Thank you. Senator J e p s e n . Thank you. I ’d like to pose a question for either Ms. Blanchard, Mr. Dunn, Ms. Berka, or Ms. Opal Morrow; you can decide among you who would answer it. Two point question. Would you freeze natural gas prices at the 1978 level if you knew that indeed that would result in a shortage of natural gas ? With the recommendation in your bill, if it was taken to its complete and full legislative impact, we would have reasonably close to Government control of the gas industry. Is that indeed what you would recommend ? Mr. D u n n . Perhaps I can address the question of the shortage situa tion. We are in the position of having to depend on the gas industry for the estimates of services and those seem to vary according to what sort of prices they are willing to go for. Senator J e p s e n . Excuse me, if I may interrupt, and I appreciate what you are saying, but my question is this, would you support a price freeze at the 1978 level if you knew that a severe shortage would result? 172 Mr. D u n n . I f it’s that tightly linked, we couldn’t because—if you are saying that that would automatically bring about a shortage—we would be facing that sort of shortage situation, but I think you can also look to the remarks that several of the speakers have just made which point to the ability of industry to switch to other fuels and the efforts of consumers to conserve. Senator J e p s e n . Do you want to answer the second part? Mr. D unn. State it again, please. Senator J e p s e n . Should the gas industry be taken over by the Government? Mr. Dunn. Well, it’s a situation for the most part of monopoly. I don’t know of any legal situation where several companies are drilling to try and tap the same pool of gas that may exist. In situations where you have monopolies you have to have regulation. You don’t have normal market forces going on, and who regulates in that case is the Government. Now, you are saying that that legislation we advocate would mean a total takeover of the gas industry. Senator J e p s e n . It approaches it. Mr. D u n n . Yes. If that’s w h a t it takes in order to bring a fair situation into the supply of the pricing structure. Senator J e p s e n . There are about 26 pipeline companies. How many should there be ? What would you say the number should be to avoid having a monopoly? Mr. D u n n . I ’m not saying necessarily that you can’t avoid having a monopoly. I ’m saying that you have to regulate the monopolies that exist. Senator J e p s e n . D o you consider that 26 companies is a monopoly ? I ’m just getting this for the record. Mr. D u n n . I would say so. Senator J e p s e n . Any others care to comment on that? I f the Gov ernment took it over—let’s pursue this a little bit further. I f the Government to6k it over, then we would have one Government pipe line. Would that be a monopoly when they own it all? Mr. D u n n . Well, now, you are saying that we’re advocating that the Government take over the entire industry, is that what you are saying? You seem to believe we’re saying—we’re just meaning-----Senator J e p s e n . I ’m really basically asking would that be all right or would that be wrong? Mr. D u n n . Let me try to understand what we’re getting at. Senator J e p s e n . Well, why shouldn’t the Government take over the pipeline industry ? Mr. D u n n . Well, it would be a pretty difficult process right now. We’re asking for fairness in the regulation; we’re not asking neces sarily for the Government to take over the company, to buy them out. Is that what you think we’re asking? Senator J e p s e n . I don’t k n o w h o w it might be done, and I don’t want to be belaboring it or debating it: I ’m just trying to clarify the thoughts of the extent of the specific legislation that you had recom mended in the five or six----Ms. B l a n c h a r d . I don’t believe that we’re asking for a Government takeover of the natural gas companies. But right now, the pricing isn’t equitable, and the low- and moderate-income people are suffering at the 173 expense of large company profits. Now, Northern Natural Gas Pipeline is entirely owned by InterNorth. There is such and—and at the same time InterNorth owns—wait a minute. In 1981, InterNorth’s annual report said investments in Mobil Oil common stock, $61,.884,000. The regular consumer does not have a chance. We’re at the mercy of one pipeline that supplies us. We’re at the mercy of one utility who distrib utes it, and we’re at the mercy of one producer that the pipeline and the distributor purchase from. Now, we just want an even break, and right now we haven’t been receiving it when our rates have been doubling in the last 4 years. Our rates have doubled. At the same time, people are making large profits. We are not asking for national legislation. We’re asking for solutions to the problem, and we’re giving solutions that we think will be helping. Now, to make blanket statements as to say we want to nationalize, you are missing the entire point. We want to help you solve a problem that is affecting the American people today. We’re not asking for the Government’s takeover. Senator J e p s e n . I understand, and Linda, I would remind you I was asking that question, if you thought that was wrong. Ms. B l a n c h a r d . I ’m sorry, Senator, but those types of statements, it’s like us and them, and that’s not what America was built on is us, management and labor, the rich and the poor, it’s everyone working together, and when you start thinking of blanket statements you are not going to reach the solutions that are going to benefit all. Now, the suppliers, the producers, the distributors, they have given their testi mony so that they can aid you in making a decision, and we would like to do the same thing, and we think that this will be the proper solution to those, and we want you to think about them because there are more people in this country besides those people, the distributors, the pro ducers ; there is the consumer who has to pay it. Senator J e p s e n . That’s why you were represented here today, and I thank you for your statements. Ms. B l a n c h a r d . Thank you. Senator J e p s e n . And I know and am pleased to see the unity of all of us, and we say it takes all people in this country to make America work, and we’ve got to work together to make it work. We indicated that early on. Ms. B l a n c h a r d . We also had 40,000 signatures on petitions th a t we presented at the FERC hearing that people have signed, that Iowans have signed, saying that they need help. They need some legis lation. They need something done about these high natural gas prices, and so we are not standing alone, and I ’m sure those other 40,000 people are not asking for blanket legislation such as taking over th e national prices either, or the industry. Senator J e p s e n . Is there anyone that has any additional comments they would like to make ? Yes, Christine Hansen. Ms. H a n s e n . Senator, you did mention when you opened this hear ing that you didn’t have a specific representative from industry, and we don’t leave the committee with an erroneous impression about what industry is doing in this State and how important they are to the natural gas distribution companies in this State. Ms. Morrow said that she felt industry was extremely wasteful, and the facts are to the contrary in Iowa. John Deere, for instance, w h ic h 21-496 0 83 12 174 is our largest manufacturer in the State, has cut their total cost of production in energy use by 40 percent. The cost of John Deere trac tors, I understand, is still pretty high, but that’s not because they haven’t conserved to the very highest degree. We have four companies in the State with total industrial sales representing more than 70 percent of their total load; we have two gas companies in the State with industrial sales representing more than 80 percent of their total load, and we have one large gas distri bution company, Iowa Public Service, that serves Sioux City and Waterloo, that has 20 percent of their load serve one company. Terra Chemicals, which manufactures farm chemicals, that company has some financial problems in marketing its product at the price it can charge, and there is a potential there for one distribution utility to lose 20 percent of its load with one company closing down. It would have a substantial impact on the rest of consumers too. I do want you to know that industry is very important to the natural gas load in this State. Senator J e p s e n . Dean Kleckner, please. Mr. K l e c k n e r . Senator, farmers are massive users of energy too. And I don’t know anybody that’s happy with the cost of whatever energy source they are using today, whether it’s natural gas, LP gas, diesel fuel, anyway, it’s too high. We start out knowing that. I hap pen to also believe that it was too low for a number of years. I just loved buying my LP for 8 cents a gallon. I don’t know what that con verts to, but it’s gone up 12 times from the 1970’s. I loved buying gaso line for my car at 25 cents for a gallon. Four for a buck. I remember those days. Frankly, those prices were too low. The Government was regulating back then and they shouldn’t have been. The market should be establishing the price. It would have been lower today had the market established the prices in those areas of all those energy com modities. We would have now developed the alternatives. Solar, wind, we’d have those today. I say to you the 1978 Natural Gas Policy Act was a mistake. It may have seemed like it was working for a year or two. It didn’t work. Don’t for heaven’s sake put on more band aids by the Natural Gas Policy Act of 1983, if that’s what you end up with. It will be a mis take too. The Government doesn’t do things very well; the market does. We’ll have lower priced natural gas for all these consumers, for all these farmers, for all industries if the market takes over because it’s now at that market price. The time to deregulate is when you have an excess, and that’s now. Probably the time not to regulate if you first make the mistake of regulating is when you have a shortage. There is no shortage today. Let’s get out of business. The market is going to give us the best price. Senator J e p s e n . Anyone else have a closing comment ? Mr. D a n i e l . I would just like to add on what Commissioner Hansen has said with regard to the industrial load. Our feeling is, as I men tioned in my oral statement, we have one customer who represents a very substantial portion of our total sales, industrial sales. I f we lose that customer it will hurt us greatly. Not only do industrial cus tomers switch, but you also have the hazard of the customer going out of business, and this is particularly true in the case of the fertilizer installations. And that makes jobs for the areas that we serve. 175 Senator J epsen . I s there anyone else that would like to make a closing statement for the record ? Ms. B er k a . Senator, I just feel from listening to Mr. Daniel from the Iowa utility company, if he would care as much about the con sumer, me, the low paying one, as he does about his bigger companies, I have just as much right as the bigger companies do, and I feel I ’m just quite upset about it. Senator J epsen , All right. Any other comments, Mr. Dunn? Mr. D u n n . No. Thank you. Senator J epsen . Linda Blanchard ? Ms. B lanchard . No. Ms. B e rk a . We put just as much profit in his company as the bigger industries do in this area. Senator J epsen . I appreciate the comments, and I thank you all for participating, Christine Iiansen, Dean Kleckner, John Daniel, Linda Blanchard, Gordon Dunn, Constance Berka, and Opal Morrow. Everyone recognizes also that we do need to provide a solution to the natural gas pricing problem of today. I think that is one thing that everybody on both panels agree on, that we do have a problem of the pricing and we need to find a solution. Iowans have seen their natural gas prices increase nearly a hundred percent in the last 3 years. They have a right to expect that their conservation efforts and the natural forces in the marketplace work properly and fairly in their behalf. Clearly it is not the situation now, and at the same time we have found today that when we have repre sentatives from the producers, from the pipelines, the transmitters, the utility companies, and so on, they too are concerned about the problem. Although they do not totally agree about the solution, they have given us some of their views with regard to providing natural gas or heat. When you turn on your switch or your stove, whether it be 30 below or 30 above, you want to be able to depend on it. And that takes some long-range planning in both the distribution and the amount of reserves that one must have. This is everybody’s problem, and everybody in this country has got both a right and a need to have input, and if we lock arms and we all work together we will solve it. I do thank you very much. I want to express my appreciation for the conduct and the thought that has gone into all the testimony here today. We will see that the compiled reports here and the consensus that has been brought up and summarized from them will be presented to the Joint Economic Committee and to the various subcommmittees in the Congress that deal with this problem, as well as the Iowa Com merce Commission, and will be presented to each and every one of the participants here today. I thank you all for coming, and have a safe trip home. The hearing is adjourned. [Whereupon, at 12:31 p.m., the hearing was adjourned, subject to the call of the Chair.] [The following information was subsequently supplied for the record :] 176 STATEMENT O F THE PROCESS GAS CONSUMERS GROUP The Process Gas Consumers G r o u p (PGC) is an org a n i z a tion of industrial consumers of natural gas organized to p r o mot e the d e v e lopment and adoption of coordinated, rational, and consistent federal and state p olicies with respect to gas use. Representing m a n y of the N a t i o n ' s basic industries, our memb e r companies own and operate hundreds of plants in virt u a l l y every state and purchase natural gas directly or indirectly from both interstate and intrastate pipelines, with m os t of our facilities on the interstate system. I. STATEMENT O F POSITION W h i l e the range of uses in which P GC members use natural gas is quite broad, PGC's views wit h respect to natural gas issues reflect p r i m arily its members' use of natural gas in industrial processes in which alternate, non-gaseous fuels cannot reasonably be utilized. From this perspective, there are two paramount natural gas issues: and (2) price. of reliability — (1) security of supply The first issue involves primarily the mat t e r consumers' ability reasonably to depend upon their suppliers to satisfy their gas requirements. The second issue encompasses not only price levels vis-a-vis alternate fuels, but also the effects of pricing policies and rate design on the relative rates paid by various classes of gas consumers. 177 PGC's concern with supply security m ay seem to some to be unwarranted, particularly during this period when (1) interstate pipelines appear to be madly scrambling to find ways to dispose of their excess gas supplies, and (2) we are repeatedly told that the United States' conventional gas re source base remains sufficient to m e e t current levels of demand for several decades. However, neither current supply sur pluses nor these gas resource forecasts give industrial users any significant comfort. The promising supply forecasts by and large assume the existence of a free market at the wellhead and, thus, prices for gas which in fact approximate its "market-clearing" price. Today, however, the partially-regulated "market" under the N G P A is characterized by wildly disparate prices — some far below "market clearing" and others absurdly above it. Some pipelines are already experiencing real industrial load losses as they purchase expensive supplies under strict takeor-pay provisions and turn away cheaper supplies. High-cost supplies are being produced before lower-cost supplies, further depressing demand and distorting the signals sent back to producers as to future gas needs. Thus, so long as substantial volumes of natural gas remain subject to distorting price con trols -- which insulate gas prices from the realities of the m a rket and inexorably push some prices higher while others remain artificially low — industrial users are not comforted by large estimates of conventional domestic gas resources 178 which are producible at reasonably stable, free market p r i c e s . PGC is confident that the free m a r k e t — ings w ith the current scheme — not "quick fix" tinker- will w o r k to produce those re sources and bring supply and demand into balance. But, until such a free market exists, PGC has no such confidence in long term gas supply reliability. The same observations may be made with respect to the gas surpluses currently being experienced in some parts of the country. PGC believes that such surpluses are in part the product of the unstable conditions which have been fostered by the Nat u r a l Gas P olicy Act of 1978 (NGPA) The perpetuation of such conditions is no basis upon which to make energy p o l icy, and such conditions are inimical to restoring industrial user confidence in the gas m arket's ability stably to m e e t their long-term needs. PGC's concern with supply security, of course, does not reflect industrial users' will i n g n e s s to pay any price for such reliability. However, while we are no more anxious than anyone else to see our gas bills increase, we are ready and willing to pay true free-market prices for gas because we anticipate that such prices will be more stable — in the long run — and lower than would be the case under the NGPA. We also believe that such free-market prices will be lower than the costs that we (and the Nation) will incur if energy policy r egresses to the reimposition of price controls with the at 179 tendant risks of renewed supply shortages and resultant eco nomic and social dislocations. Thus, PGC believes that wellhead price controls must be removed if supply and demand in the gas m arket are ever to be brought into balance. However, we must emphasize that, while we are willing to pay free-market prices for gas, we are strongly opposed to (1) paying prices higher than those which would be commanded in a truly free market, and (2) paying a disproportionate share of higher gas costs so that other gas consumers can be subsidized, such as through so-called incremental or marginal cost-based pricing schemes. As consumers, we are concerned about the impact of higher gas prices on our businesses, our customers, and our employees. But it is precisely that concern which leads PGC to support comprehensive legislation to deal with the serious defects in the N GPA and the resulting harmful distortions in natural gas markets. PGC does not believe that its goal of obtaining adequate gas supplies at reasonable prices will be achieved under the N G P A in its current form. But, even more important for purposes of today's hearing, we do not believe that the kinds of partial, stop-gap "solutions" which many are currently proposing are solutions at all, The temptation to attempt to deal only with portions of the natural gas prob lem is indeed strong, but the risks are high that the problem will only be exacerbated if Congress yields to that temptation. 180 In our view, half a loaf in these circumstances is worse than none. For the reasons discussed below, therefore, PGC r espectfully urges that the Congress decline to adopt the kind of myopic, "quick fix" proposals which have recently been advanced and, instead, turn its attention to consideration of natural gas legislation which will deal boldly and c o m p rehen sively with the problems now facing the gas industry and gas consumers. Now is the time to take steps to get us out of the mess created by the NGPA. Congress must resist the temptation to adopt superficial measures which will only sink us deeper into that mess. Set forth below are PGC's comments on certain of the gas legislation proposals which have recently been introduced. Following those comments, PGC sets forth in broad outline the elements of comprehensive gas legislation which it believes should be endorsed by this Committee and enacted expeditiously. 11• COMMENTS ON PENDING LEGISLATIVE PROPOSALS PGC approaches the current natural gas crisis as in dustrial gas consumers who pay the bills. We also approach the situation as manufacturers who need assurances that n a t u ral gas — as well as all other forms of energy — will be available for us to purchase in the quantities we need and at prices we are willing to pay. With o u t that kind of long term energy market stability, we cannot rationally plan the invest ments we need to make to get this country's economy solidly 181 back on its feet for good. Unfortunately, price regulation at the wellhead is anathema to stable prices and supplies. The Natural Gas Act produced shortages, and the N G P A is producing the current mess. Consequently, PGC opposes adoption of myopic bills which would simply tinker with the NGPA's misguided scheme of price controls in the hopes of extending their operation. Now is the time to stop trying to run the marketplace from W a s h i n g ton and to call an end to all wellhead price regulation once and for a l l . Price regulation didn't work for oil; it didn't work for the economy as a whole; and it isn't working for natural gas. With respect to the many bandaid bills which have been introduced, each is seriously flawed. Each will produce serious adverse consequences in both the short and long term, and each will have your constituents back at your door in relatively short order. The provisions of the various bills that are cur rently pending or were introduced in the last Congress m ay be grouped for convenience in three general categories: prehensive NGPA reform; (1) com (2) wellhead price freeze and extension of controls; and (3) relief from pipeline/producer contract terras. PGC believes that the impact of the latter two types of proposals (either alone or in combination) on the gas m a r kets would be significantly adverse and that they should be 182 rejected in favor of legislation which deals with the N G P A in a mor e comprehensive and long-term fashion. A. The first category of bills (i.e. , comprehensive N G P A reform) includes S. 2074, introduced in February 1982 by S enator Johnston. W ith the exception of certain problems d i s cussed below, PGC believes that S. 2074 represented a reasonable and w o r k a b l e compromise for eliminating the serious price, sup ply, and financial problems arisinq under the NGPA. Although there are provisions of this bill which we would prefer be m o d i fied, we believe that it is the only one of the various p r o p o sals introduced so far which has the potential to restore sta bility to the gas market. The bill's provision for phased, but full, decontrol of wellhead prices promises that such prices will be more stable — case under the NGPA. prices — and likely lower — than would be the By moving toward free-market wellhead rather than away from them, as is proposed by the other bills — S, 2074 avoids the other proposals' substantial risks of renewed gas supply shortages and resultant costly e co nomic and social dislocations. The J o h nston bill's repeal of the Fuel Use Act, Title II of the N G P A ("incremental pricing"), and Title III of the Public U t i l i t y R e gulatory Policies Act are all critical ele m ents of gas reform legislation. These artificial demand re s traints on selected sectors of the gas market have proven to be utter failures in holding down the rates of favored c onsum 183 ers? they have created an enormously complex regulatory morass; and they will become even less important as we move toward a freer mar k e t at the wellhead. PGC does believe, however, that Sections 304 and 305 of S. 2074 were ill-conceived. These provisions would, in v i r tually all circumstances, guarantee that pipelines and dis t r i bution companies will be able to recover whatever gas costs they m a y incur, even if such costs are incurred as the result of abusive gas purchasing practices. These guaranteed cost p assthrough provisions would be seriously damaging to consum ers' ability to exert meaningful influence on the purchasing behavior of their gas suppliers. They would distort both supply and price since producers would be effectively insulated from knowing how much consumers actually value natural gas. The rationality of a truly free market can never be established at the wellhead if consumers are rendered helpless to challenge the gas purchasing behavior of suppliers who abuse their natural monopoly status and their general ability to pass through the costs which they incur. PGC believes, therefore, that the grounds (set forth in N G P A Section 601(c) (2)) upon which pipeline gas purchase costs may be denied p ass through treatment should be expanded, not restricted in the manner proposed by S. 2074. Nevertheless, as discussed below, PGC does not believe that simply broadening N GPA Section 601(c) 184 (2) alone w o u l d constitute a sufficient legislative response to the current chaos in the gas market. As stated in its further detail below, PGC believes that complete deregulation of wellhead prices must be a c c o m panied by a m a r k e t -oriented resolution of the so-called "con tract problem." V While pleased that Senator Johnston included in S. 2074 a proposal for dealing with the contract problem, PGC believes that a more straight-forward approach might be more effective, such as an approach which (as discussed e l s e where in this testimony) would encourage producers and p u r chasers voluntarily to renegotiate their existing contracts and which would facilitate such renegotiation. Although the contract conversion approach contained in S. 2074 is appealing because it would operate in a manner similar to the seller-buyer dynamics in a free market, that approach is extremely complex and therefore, as a practical matter, could create problems of its own. Moreover, its complexity aside, even if the bill's contract conversion approach were revised specifically to prevent the operation of above-market fixed price escalators (in addition to indefinite price escalators), there is little assurance that the provision could be framed to give gas p u r chasers effective protection against all kinds of problem conjV Alt h o u g h H.R, 131, introduced by Congressman Gramm, c o n tains many key provisions necessary for comprehensive legisla tion, it is defective insofar as it fails to deal with the contract prob l e m at all. 185 tract clauses drafted to fall outside the bill's definition of "commodity escalator clause" (Section 404(b)), and such clauses could escalate prices above market clearing levels and lead to the kind of market disruptions the bill is intended to avoid. N otwithstanding, however, these specific criticisms of certain provisions of the bill, PGC does believe that, if revised consistent with the foregoing, S. 2074 represents a generally sound compromise of the issues which have arisen un der the NGPA. Enactment of such legislation would give rise to more stable and likely lower gas prices for all consumers; would allow gas supply and demand to come into balance (insur ing adequate long-term gas supplies after the current short term surplus ends); permit less volatile and more secure market revenues for pipelines and distribution companies; permit gas producers the cash flow they need to finance gas exploration and development activities; and eliminate the incentives which gas producers now have to produce high-cost gas resources b e fore lower-cost resources. B. The second general category of bills provides for a temporary or permanent freeze on wellhead prices. For example, S. 60 (introduced by Senator Kassebaum) and H.R. 583 (introduced by C ongressman Glickman) both provide generally for a two-year price freeze and two-year delay of the N G PA's scheduled d e r e g u lation of certain gas categories; H.R. 619, introduced by Con 186 g r e s s m a n K a s t e n m e i e r , c a l l s for a p e r m a n e n t fr e e z e and p e r m a nen t c o n t i n u a t i o n of p r i c e c o n t rols. A freeze on wellhead prices would, at best, simply halt the inexorable price increases being experienced under the N G P A ; it would not allow gas consumers to see any reduction in their gas bills. Moreover, any price relief which is e x p e r i enced may likely be short-lived. This is due to the fact that freezing price ceilings at mid- to late-1982 levels would be an invitation, if not an order, for renewed gas s h o r t a g e s . It would severely undermine exploration and development for new reserves and, at the same time, send a signal to users to in crease consumption. With the elimination of incentives and the gradual erosion of price ceilings by inflation, these freeze p rovisions would send a message to producers that Congress cannot be trusted to fulfill its commitment to deregulation and that permanent regulation might occur. As shortages d e velop, there w o u l d be greater demand not only for imported oil, but also for imported gas at unfrozen prices. Thus, any potential cost savings resulting from the freezing of domestic gas prices would be reaped by foreign p r o d u c e r s , not by gas consumers — just as was the case in the pre-NGPA era. In addition, the rigidity of these price freeze p r o posals would deprive the gas market of all flexibility to meet changed circumstances until a new crisis forced Congress back into the picture — creating the potential for a replay of 1978*s sorry experience with gas legislation. 187 By returning to a fully price-controlled environment, the financial situation of all sectors of the gas industry, would suffer as market volatility makes it substantially more difficult to plan exploration, purchasing, and m a rketing a c tivities . Today's gas market problems are due in large part to the fact that, in 1978, Congress did not go far enough, not because it went too far. The solution, therefore, to today's problems do not lie in regressing to the pre-NGPA price-controlled approach, but rather in fixing the flaws in the N G P A in order to permit the transition to a fully decontrolled m a r ket to be effected more smoothly and effectively. C. The third general category of the legislative proposals includes those which reflect the belief that a D r a conian solution to the "contract problem" is all that is needed to "fix" the NGPA. This category includes S. 239 (introduced by Senator Jepsen) and several others introduced in the 97th Congress (e.g. , S. 3028 (introduced by Senator M e t z e n b a u m ) , S. 3070 (introduced by Senators Danforth and E a g l e t o n ) , S. 3076 (introduced by Senator Specter), and S. 3088 (introduced by Senator C h a f e e ) , These proposals range from outright blanket prohibitions against all take-or-pay clauses and indefinite price escalators to a broad expansion of the grounds upon which the FERC m a y block the passthrough of pipeline purchase costs and act to revise or annul contract terms. (Some of these bills 188 also provide certain reporting requirements under which pipelines report to FERC their progress in achieving the lowest possible weighted average gas acquisition c o s t . ) V Altho u g h PGC agrees that piplines' take-or-pay o b l i gations are unreasonably high in m a n y contracts negotiated un der the NGPA, we also recognize that take-or-pay clauses p r o vide producers (particularly independents) with some income stability and the cash flow needed to finance new exploration and development. A blanket prohibition against take-or-pay clauses would, therefore, cause an immediate reduction in ex ploration and development and then eventual shortages. More over, such a prohibition would be yet another boon for foreign gas producers who would be exempt under it (s e e , e . g . , S. 3076). An outright ban on all take-or-pay clauses would also result in rising gas prices as producers lose cash flow stabil ity and markets begin to tighten up. In exchange for their S. 60 c o m b i n e s its p r o p o s e d " c o n t r a c t p r o b l e m " s o l u t i o n s w i t h a p r o p o s e d p r i c e freeze. T h i s c o m b i n a t i o n of p r o p o s a l s m a k e s it e v e n less d e s i r a b l e than b i l l s w h i c h p r o p o s e s i m p l y o n e o r the other. S. 60 w o u l d d e v a s t a t e g a s e x p l o r a t i o n and d e v e l o p m e n t and i n e v i t a b l y lead to s u p p l y c u r t a i l m e n t s to g as consumers. Faced w i t h f r o z e n p r i c e s , p l u s a loss of t a k e - o r p a y c o m m i t m e n t s (and the a p p e a r a n c e tha t C o n g r e s s w i l l k e e p e x t e n d i n g c o n t r o l s ) , d o m e s t i c p r o d u c e r s w o u l d s l a s h the i r e x p l o r a t i o n and d e v e l o p m e n t budgets. S i g n i f i c a n t g as c u r t a i l m e n t s c o u l d b e g i n q u i c k l y in some a r e a s of the c o u n t r y and a d versely affect meaningful economic recovery. Again, Canadian, M e x i c a n , a nd A l g e r i a n p r o d u c e r s w o u l d be in the b e s t p o s i t i o n to t a k e a d v a n t a g e of s u c h ‘ shortages by raising their prices w h i l e U.S. p r o d u c e r s are p r o h i b i t e d fr o m r a i s i n g t h e i r s and e l i c i t i n g g r e a t e r d o m e s t i c s upplies. 189 added risks, producers would demand higher sales prices to justify their investment in exploration and development, and the tighter markets would enforce those demands for higher prices. (If a freeze proposal were also enacted, the higher prices would not be avoided; they would simply be collected by foreign gas sellers.) dealt a double blow: As a result, gas consumers would be forced to pay both the higher charges commanded by foreign or domestic producers plus a larger share of the pipelines' and distributors' fixed costs as their m a r kets shrink. Further, apart from the enormous administrative bur den which would result from the proposed exemption provisions (see S. 3070 and S. 3076), pipelines which are totally freed from take-or-pay obligations would be placed in a strong posi tion to favor their own gas production affiliates at the expense of potentially lower-priced gas from independent producers. Finally, although PGC certainly supports measures to encourage pipelines to purchase first the cheapest gas available, the rigid "cheapest-first" rule being proposed (see 3076, S. 3070) would be extremely complicated and expensive to implement. It would require many pipelines to adopt complex new operating procedures and to install expensive metering equipment — all of which would be paid for through higher rates to con sumers. Moreover, it would inevitably lead to extensive litiga tion which, apart from the costs which it too would impose on 21-496 0 - 83 13 190 ratepayers, would create the kind of uncertainty which seriously undercuts the ability of the gas m a r k e t to develop and deliver secure long-term supplies. Wi t h respect to proposals to expand the terms of N G P A §601(c)(2), PGC believes that the intent of such p r o v i sions in S. 239 (and in last session's S. 3028, and S. 3054) is certainly laudable. Customer resistance to high gas prices is an essential element in bringing gas supply and demand into balance and keeping them there. Since interstate pipelines and local gas utilities are still subject to regulation (and will remain so even after full wellhead price d e c o n t r o l ) , the ability of gas consumers to challenge excessive gas acquisition costs in r e g ulatory forums is essential if pipeline purchasing p r a c tices are to be restrained, especially during the transition to full decontrol. Thus, it is entirely appropriate that Congress include in gas reform legislation provisions to safeguard consumer's interests in this mann e r — and reject the FERC's very narrow reading of Section 601(c)(2) which v i r t u a l l y wrote "abuse or similar grounds" out of the statute. in S. 239 — "abuse" — Senator Jepsen's proposal which would include a rebuttable presumption of seems to be the mos t reasonable approach, allowing p i pelines both (1) to know in advance which specific actions will render them potentially vulnerable under Section 601(c)(2), and (2) to rebut a charge of "abuse" by showing that an agreement 191 to the disfavored contract terms is justified under the cir cumstances or is otherwise offset by other more favorable con tract terms. It must be emphasized, however, that while P GC be lieves that the approach taken in S. 239 is a good one, we also believe that adoption of such a measure alone will not be a sufficient legislative response to the problems of the gas market. In contrast, if the Jepsen bill were substituted for existing Sections 304 and 305 of S. 2074 (the J o h nston bill last session) , the result would be the kind of comprehensive legislation which would improve the long-term health and sta bility of the natural gas industry and its customers. 111• PGC PROPOSAL FOR N A TURAL GAS LEGISLATION In t h e i r " D e a r C o l l e a g u e " l e t t e r of D e c e m b e r 8, 1982, S e n a t o r s E a g l e t o n a n d D a n f o r t h c i t e d the e c o n o m i c a l l y i l l o g i c a l fact t h a t "a s u b s t a n t i a l s u r p l u s of g a s on the m a r k e t " is c u r r e n t l y a c c o m p a n i e d by s i g n i f i c a n t g a s p r i c e i n c r e a s e s and the s h u t t i n g in of lar g e v o l u m e s of l o w e r - c o s t s u p plies. served: They ob "At the time of p a s s a g e of the N a t u r a l G a s P o l i c y Act, no o n e a n t i c i p a t e d this k i n d of b r e a k d o w n in the o p e r a t i o n of the free m a r k e t . " V In contrast, the approaches suggested in S. 3028 and S. 3054 appear to be too open-ended and, therefore, too uncertain to afford either meaningful protection to consumers or m e a n ingful guidelines for pipelines. 192 Whi l e PGC certainly agrees that it was not anticipated in 1978 that such inconsistent economic events could occur sim u l taneously, PGC vigo r o u s l y disagrees with the premise that these events have resulted from a breakdown in the operation of the free market. The N G P A did not create a free gas m a r k e t , and the N ation's sad experience under the NGPA teaches us nothing about how free markets operate. At best, the N G P A has taught us that a part-regulated/p a r t - d e r e g u l a t e d "market" severely distorts the exploration and development, distribution, and price of natural gas; causes rapidly rising wholesale and retail prices without inducing corresponding increases in gas supplies; produces surpluses in some locations and shortages in others; and contributes to the demand for energy imports, such as exorbitantly p riced LNG from Algeria. In short, the free market has not broken down; the mess in which we currently find o urselves is simply the result of gas producers, pipelines, distributors, and consumers all attempting to pursue their legitimate self-interests and ful fill their obligations in a h o p e l e s sly-confused pseudo-market. W hile perhaps no one could have p r e d icted in 1978 that things would go as far awry as they have, Congress' failure to d e r e g ulate natural gas at that time could reasonably have been expected to deprive the gas mar k e t of the flexibility needed to respond to dynamic and unforeseen changes in the economy, oil prices, and other factors bearing on gas supply and demand. 193 PGC believes that it is time to give the m a r k e t a chance to work. Therefore, in order to increase the stability of the gas industry, enhance service to gas users, hold down prices for all consumers, avoid future supply shortages, and eliminate the market distortions caused by the NGPA, PGC ad vocates the adoption of comprehensive gas legislation contain ing the following key provisions: (1) Remove wellhead price controls from all natural gas as of J a nuary 1, 1 9 8 5 . For the reasons discussed in greater detail in Section IV of this testimony, PGC believes that d e regulation of all gas, in contrast with NGPA-type deregulation of only some gas or the reimposition of price controls, is the prime element of a package that would produce the fairest and most economically efficient solution to the problems confront ing the Nation's gas markets. Any effort to retain controls on some or all categories of supplies will inevitably yield m arket distortions analogous to those experienced under the Natural G as Act and the NGPA. (2) Complete deregulation of wellhead prices must be accompanied by a market-oriented resolution of the muchdiscussed "contract p r o b l e m ." PGC recognizes that extreme contract terms which were induced by the NGPA's scheme of par tial regulation will have to be modified if the transition to d e r egulation is to be effectuated smoothly and successfully. While m a n y suggestions have recently been aired as to how the 194 c o n tract p r oblem should be resolved, PGC favors the type of a pproach which would encourage producers and purchasers vol u n tarily to renegotiate their existing contracts and which would facilitate such renegotiation. PGC believes that such an a p proach is preferable to others which have been suggested both (1) because it best simulates the opera t i o n of a free m a r k e t immediately even though the transition to a fully free m arket is still in progress, and (2) because, in contrast with c ompli cated caps and contract clause conversion options, this ap proach is straightforward, easy to understand and, therefore, e asier to implement wit h o u t extensive regulatory (and judicial) oversight. R enegotiation by the parties will produce better results than w ill Congressional efforts to structure gas p u r chase and sales arrangements by fiat from Washington, D.C. In v iew of the substantial surplus of deliverable supplies that now exists, consumers should be the principal beneficiaries of r enego t i a t i o n at this time, while both producers and consumers will benefit from wellh e a d price d e r e g ulation over the longer term. As envisioned by PGC, a renegotiation clause would be inserted in all contracts in existence on day of enactment w hich cover sales by a producer to a buyer for resale to third parties; the renegotiation clause would enable either party to request reopening of the contract for renegotiation. If a 195 resolution satisfactory to both parties is not achieved w i t h in a specified period (e . g . , 90 days from the request for re opening) then either could opt out of the contract and seek other buyers or sellers of gas. To provide supply stability to pipelines, it would be reasonable to give pipelines a right of first refusal in cases in which a producer opts out in favor of another buyer. How ever, to protect independent producers from potential bad faith bargaining tactics, pipelines would not be given a right of first refusal in cases in which the pipelines was the one to opt out of a contract. Similarly, to protect independent pro ducers from abuses of pipelines' m o n o p s o n y power, pipelines would have to be obligated to provide transportation services at "just and reasonable" rates approved by the FERC in the event a p r o ducer sold gas to a third party. This type of solution would be similar to the "mar ket out" clause m e c h anism whic h some pipelines and producers have included in their contracts for deregulated gas in recent years. Those clauses recognize that, while parties desire long term contracts, they must be free to adopt price and non^price terms to meet changing market conditions over time. By inserting these clauses in all contracts existing at the time of enactment, all parties to wellhead gas sales con tracts would be able to insist on renegotiating their contracts. Consequently, any party with an unfavorable contract relative 196 to prevai l i n g m a r k e t conditions would be able to bring its c ontract in line with the current market. Self-interest should assure that this is done and should prevent any party from overre a c h i n g during the difficult transition to full d e c o n trol. Thus, it would be unlikely that Congress would have to get back into the picture. However, to assure a continuing vehicle for contract adjustment, the legislation would provide that the renegotiation clauses would remain in all contracts (including new ones) for at least one y ear after the completion of phased decontrol. At that p o i n t , the m arket should be well balanced, and buyers and sellers will likely voluntarily in clude m arket out clauses as a routine matter. Monitoring should be done by FERC. FERC would be authorized to collect data on contract renegotiations and would require public filing of existing and new contracts. There should be a clarification of FERC's p o wer to protect consumers from prices which result from abuses of a pipeline*s m a n a g e m e n t di s c r e t i o n or its duties to its customers. The purposes of this action would not be to permit "backdoor" producer reg u l a tion, but solely to p r o tect consumers from an aberrant pip e line's efforts to use its m o n o p o l y p osition to pass through ex cessive costs resulting from serious errors of manage m e n t judgment. Customers of regulated pipelines should not have to absorb higher gas costs than the p ipelines could charge if they resold gas in a competitive market. 197 (3) Repeal the incremental pricing program (N GPA Title II) and the Powerplant and Industrial Fuel Use A c t . Repeal of these measures should be accomplished in such a way that their effects cease immediately. (4) Provide for the manda t o r y filing with the FERC of all natural gas purchase contracts between producers and pipelines and make them available for public inspection. (5) Provide expanded access to natural gas supplies by all pipelines, distribution companies, and end-users. Finally, any gas reform legislation should not include any so-called "windfall profits t a x ” on natural gas. The con cept of taxing away so-called "windfall" profits is fundamen tally repugnant to PGC members. Regardless of when and how natural gas is decontrolled, natural gas producers should be permitted to charge and retain the full free-market price of such gas. IV. FURTHER COMMENTS ON THE NEED FOR FULL DECONTROL A. Experience W i t h Partial Wellhead Price Controls T he relative desirability of total wellhead price deregulation is m ost obviously demonstrated by the m i s e rable experiences this Nat i o n has had with partial regulation of well head prices. Under the Natural Gas Act, wellhead purchases by interstate pipelines were regulated, while purchases by intra state pipelines were not. Nearly a decade of interstate gas shortages resulted, while the intrastate market demonstrated that the free market works. 198 In c o n t r a s t , w h i l e it e x t e n d e d r e g u l a t i o n to the i n t r a state market, t he N a t u r a l G a s P o l i c y A c t s i m u l t a n e o u s l y d e r e g u l a t e d w e l l h e a d p r i c e s for n a t u r a l g as in c e r t a i n c a t e g o r i e s , and it w i l l d e r e g u l a t e o t h e r m a j o r c a t e g o r i e s of g a s in 1985 and 1987, T h i s p a r t i a l d e r e g u l a t i o n s t r u c t u r e has had the u n f o r t u nate results of (1) t r i g g e r i n g e x o r b i t a n t (c u s h i o n s u p p o r t e d ) p r i c e s for n a r r o w c a t e g o r i e s of S e c t i o n 107 g a s and (2) c r e a t i n g a p o t e n t i a l l y e x p l o s i v e set of c o n t r a c t t erms for g a s to be d e r e g u l a t e d in 1985. A l r e a d y , c o n t r a c t s for d e r e g u l a t e d g as h a v e c r e a t e d s e r i o u s and g r o w i n g m a r k e t l o s s e s for some p i p e l i n e s . In 1985, when several times as much gas will be deregulated, the results could be highly destructive. T h i s s o - c a l l e d " c o n t r a c t p r o b l e m " r e s u l t s fro m w i d e s p r e a d g a s p u r c h a s e c o n t r a c t s c o n t a i n i n g b o t h (1) i n d e f i n i t e p r i c i n g c l a u s e s w h i c h l i n k d e r e g u l a t e d n a t u r a l g as p r i c e s to the h i g h e s t g a s p r i c e s b e i n g p a i d in a d e f i n e d a r e a o r to the p r i c e o f o t h e r f u els, s u c h as No. 2 f u e l oil, and (2) t a k e - o r - p a y c l a u s e s w h i c h r e q u i r e p i p e l i n e s to p a y f or 85%-90% of t e n d e r e d s u p p l i e s e v e n if t h e r e is no r e s a l e m a r k e t . (Extreme "definite" p r i c i n g c l a u s e s , w h i c h b e g i n f r o m a h i g h flo o r and e s c a l a t e a c c o r d i n g to i n f l a t i o n or to f ixed p e r c e n t a g e s , are a l s o s e r i o u s problems in som e c o n t r a c t s ) T h e s e p r o b l e m s w o u l d be r e s o l v e d if w e m o v e d to a t o t a l l y d e r e g u l a t e d e n v i r o n m e n t at the w e l l h e a d , w h i l e t a k i n g s t e p s to u n d o the c o n t r a c t d i s t o r t i o n s c r e a t e d b y fo u r y e a r s of 199 partial regulation under the Natural G as Policy Act and by man y pipelines' imprudent gas contracting practices. Moreover, in a deregu la te d environment, supply and demand would be kept in balance and the severe problems of the past would not recur. B. Uneven Distribution of the Cushion Deregulation of all gas, as opposed to N G P A -type de regulation of only some gas, will put all pipeline purchasers of natural gas on a relatively equal footing, with all having to compete with other energy sources available to consumers. Most obviously, elimination of the so-called "old gas cushion" will largely eliminate a major government-created advantage which is very unevenly distributed among gas companies. A partial deregulation structure implies that those pipelines with the largest blocks of cheap regulated gas will have lower average resale rates and a greater ability to pur chase new natural gas (i .e. , an ability to pay relatively higher prices without seeing average retail rates exceed alternate fuel prices), In this way, partial deregulation imparts significant economic advantages to gas companies and consumers in some areas of the country and disadvantages to others for no reason other than g o v e r n m e n t fiat and h i s t o r i c accident. P GC does not accept the theory that the "cushion" is no longer meaningful because high priced gas contracts have totally offset it. First, although no one has accurately asses sed all pipelines' cushions, it appears that not all pipelines 200 have used up their cushions. Thus, some pipelines will have significant advantages in future years. Second, the observation that some pipelines have already offset their old gas cushions with expensive deregulated gas does not mea n that the cushion can be forgotten. If either (a) as is expected, lower d e r e g u lated gas prices result from a resolution to the contract p r o b lem, or (b) notwithstanding the current potential downward trend, p e t r o l e u m prices were to increase significantly, the importance of the old gas cushion could q u ickly be reestablished to the advantage of some pipelines over others. That, in turn, would lay the foundation for a new cycle of excessive bidding on new supplies — i . e . , for a new contract problem — parallel to the one from whi c h we are now trying to extricate ourselves. PGC submits that the Nation and the gas industry as a whole would be better served if these artificial differences are removed as soon as possible. C. Equivalent or Cheaper Retail Prices Deregulating the price of all natural gas will not raise the average retail gas price any higher than will partial d e r e g u l a t i o n of new gas only. Competition with alternate fuels at the retail level will establish the upper limit for retail prices regardless of whether wellhead prices are d e regulated in whole or in part. That is, the average w ellhead price will settle at w h a tever level is needed to sell the total volume of de l i verable natural gas supplies at the retail level. 201 Consequently, the primary effect of restricting some gas wellhead prices at below the average market level is simply to produce above-average prices for the remaining, deregulated volumes of gas. In other words, in a setting of partial price controls, p roducers of deregulated gas and foreign gas e x p o r t ers will get the principal economic advantage of the regulated cushion, not u s e r s . The exorbitant price of Section 107 gas under the NGPA amply demonstrates this fact. Large sums of capital have been diverted to drilling deregulated gas deeper than 15,000 feet rather than cheaper sources in shallower re servoirs, solely in order to capture the special economic bene fits afforded by the NGPA's cushion of regulated gas. In fact, the N G P A ' s c o m p l e x m i x of p a r t i a l p r i c e r e g u l a t i o n and p h a s e d d e r e g u l a t i o n is p r o d u c i n g h i g h e r o v e r a l l p r i c e s than w o u l d p r e v a i l in a t o t a l l y free w e l l h e a d market. D e r e g u l a t i o n of all s u p p l i e s a c c o m p a n i e d by a s o l u t i o n to the N G P A - c r e a t e d c o n t r a c t p r o b l e m w o u l d p r o d u c e l ower r e t a i l gas p r i c e s than u n d e r t he N G P A , D. in b o t h the s h o r t and lon g - t e r m s . Lower Long-term Industrial Rates T o t a l d e c o n t r o l of w e l l h e a d p r i c e s w i l l l i k e l y h o l d d o w n i n d u s t r i a l r a t e s in a n o t h e r way. This benefit will r e s u l t b e c a u s e the d a n g e r of d i s c r i m i n a t o r y rate sc h e m e s , s u c h as i n c r e m e n t a l p r i c i n g , e n d - u s e r a t e s c h e d u l e s , m a r g i n a l c o s t p r i c i n g and i n c l i n i n g b l o c k r a tes, w i l l be s u b s t a n t i a l l y r e d u c e d if all n a t u r a l g as is b e i n g sold at r o u g h l y e q u i v a l e n t w e l l h e a d prices. 202 T h o s e types of disc r i m in a to ry rate schemes would al locate a d isproportionate share of relatively high cost s u p plies to industrial users on the basis of the m i s leading claims that industrials are the "cause" of high-cost gas purchases and that they are "marginal users" who should keep new supplies in line ( i.e. , "order the market") while other users burn regulated cheap gas at below average cost. By eliminating the m a j o r basis for d i s c r iminating on gas cost allocations, true cost-of-service ratemaking will be more easily and consistently implemented for the benefit of all consumers. A l t hough some have suggested that the dangers of d i s c r i m inatory rates are lower today as a result of widespread con.cern about the Nati o n ' s poor economy and the risk of plant shutdowns, industrial users doubt this. Even now, in today's economic circumstances, such discri m i n a t o r y theories are espoused by some States (e . g . , C a l i f o r n i a ) , by some so-called "consumer groups," and even by some distributors (e . g . , Laclede), (See comments filed in the PERC's Notice of Inquiry, RM82-26), More over, industrials are concerned that these arguments will be still more wid e l y made, in healthier economic times, if there remains a wide range of wellhead gas prices. Consequently, ending the root cause of the p r o b l e m — i . e . , artificial d i f f e r ences in w ellhead p r i c e s — will help to produce greater long-term price stability for pipelines, d i stribution companies, and c o n sumers. That greater assurance of consistent, fair treatment 203 w i l l h e l p i m m e a s u r a b l y to r e s t o r e i n d u s t r i a l users' confidence in the n a t u r a l g a s system. E. G r e a t e r S t a b i l i t y for the E n t i r e G a s I n d u s t r y J u s t as i n d u s t r i a l u sers w o u l d b e n e f i t , m o r e c o n s i s t e n t i m p l e m e n t a t i o n of true c o s t - o f - s e r v i c e r a t e m a k i n g and e c o n o m i c ally rational pricing of wellhead sales will also produce greater l o n g - t e r m s t a b i l i t y for d i s t r i b u t o r s , p i p e l i n e s , p r o d u c e r s and non-industrial consumers. L o n g - t e r m g a s p r i c e s w i l l be e a s i e r to p r o j e c t b e c a u s e the r e w i l l be no a r t i f i c i a l p r i c e d i s c o n t i n u i t i e s b e t w e e n c a t e g o r i e s o f gas; a nd r e g u l a t o r y g a m e s m a n s h i p , s u c h as " c a t e g o r y creep" (in w h i c h o ld g as is r e c l a s s i f i e d into h i g h e r p r i c e c a t e g o r i e s ) , s h o u l d c e a s e to be a prob l e m . M o r e o v e r , even- h a n d e d i m p l e m e n t a t i o n of c o s t - o f - s e r v i c e r a t e m a k i n g w i l l p r o d u c e the g r e a t e s t l i k e l i h o o d of s t a b l e r e s a l e m a r k e t s , including i n d u s t r i a l m a r k e t s , w h i c h ar e v i t a l to the l o n g - t e r m h e a l t h of the n a t u r a l g a s industry. Similar Production Levels It is s o m e t i m e s a r g u e d that d e r e g u l a t i n g o n l y n e w g a s w i l l e n h a n c e e x p l o r a t i o n and d e v e l o p m e n t of n e w s u p p l i e s b e c a u s e p r i c e s f or n e w s u p p l i e s w o u l d be s u b s i d i z e d by c o n t r o l l e d o l d ga s pric e s . At first glance, proposition, e s p e c i a l l y to t h o s e w h o s u f f e r e d f r o m c u r t a i l m e n t s in the 1 970's. this s o u n d s li k e an a t t r a c t i v e H o w e v e r , w h i l e it is o b v i o u s t h a t d e r e g u l a t i n g o n l y "new" g a s w i l l a f f e c t the p a t t e r n of p r o d u c t i o n , e x p l o r a t i o n a n d d e v e l o p m e n t , it is less c l e a r w h a t the n et e f f e c t w i l l 204 be o n o v e r a l l p r o d u c t i o n le v e l s , as c o m p a r e d to the p r o d u c t i o n w h i c h w o u l d o c c u r if all g a s is d e r e g u l a t e d . It is l i k e l y that d e r e g u l a t i n g o n l y "new" g a s w i l l s i m p l y r e s u l t in a s i t u a t i o n in w h i c h w e l l h e a d c o n t r a c t s s i g n e d in the f i r s t y e a r or tw o f o l l o w i n g s u c h p a r t i a l d e r e g u l a t i o n w i l l c o m m a n d a p r i c e p r e m i u m w h i c h e f f e c t i v e l y l o c k s - u p the e c o n o m i c b e n e f i t s of the o l d ga s cush i o n . New contracts signed t h e r e a f t e r w o u l d c o n t a i n l o w e r p r i c e s w h i c h w o u l d n o t be m a t e r ial l y a b o v e the e x p e c t e d l o n g - t e r m m a r k e t c l e a r i n g level. fact, In th e r e is s i g n i f i c a n t e v i d e n c e t h a t this p a t t e r n is o c c u r ri n g u n d e r the JJGPA: p r i c e s in n e w S e c t i o n 107 c o n t r a c t s h a v e r e p o r t e d l y f a l l e n s u b s t a n t i a l l y f r o m t h e i r 1 9 8 0 - 1 9 8 1 l evels, and c o n t r a c t s w i t h e x t r e m e d e r e g u l a t i o n p r o v i s i o n s are s t a n d i n g by to o f f s e t a n y r e m a i n i n g v o l u m e of o l d g a s c u s h i o n in 1985. T hus, the N G P A ' s r e l a t i v e l y l a r g e r d r i l l i n g i n c e n t i v e s for n e w g a s m a y h a v e a l r e a d y c o m e to an end; and the N G P A ' s l o n g - t e r m e f f e c t o n s u p p l i e s m a y be m i n i m a l . O n the o t h e r hand, if all s u p p l i e s w e r e d e r e g u l a t e d , o n e m i g h t e x p e c t t e m p o r a r i l y a c c e l e r a t e d d e v e l o p m e n t and p r o d u c tion of o l d s u p p l i e s , s i n c e t h a t w o u l d be the c h e a p e s t w a y for p r o d u c e r s to o b t a i n the b e n e f i t s o f d e r e g u l a t i o n in the s h o r t term. However, that w o u l d soon be f o l l o w e d b y i n c r e a s e d e x p l o r a t i o n for, and d e v e l o p m e n t of n e w s o u r c e s as p r o d u c e r s s a w t h a t the o l d g a s s u p p l i e s w o u l d n e e d to be r e p l a c e d w i t h n e w rese r v e s . In a d d i t i o n , s o m e w h a t e n h a n c e d r e c o v e r y o f g a s f r o m o l d r e s e r v e s 205 \ w o u l d p r o b a b l y e n s u e f r o m t otal d e r e g u l a t i o n , i m p r o v i n g g as s u p p l y a v a i l a b i l i t y to so m e extent. C o m p a r i n g t hese a l t e r n a t i v e s , it is d i f f i c u l t to d e c l a r e w i t h a n y c o n f i d e n c e that o ne y i e l d s g r e a t e r s u p p l y a v a i l a b i l i t y than the other. The principal differences between the two a l t e r n a t i v e s m i g h t s i m p l y r e l a t e to the t i m i n g o f r e se r v e a d d i t i o n s and p r o d u c t i o n from p a r t i c u l a r s o u r c e s of s u p ply, n ot to t otal g as d e l i v e r i e s at a n y p a r t i c u l a r time. T h us, w i t h o u t m o r e , a r g u m e n t s that d e c o n t r o l l i n g o n l y n e w gas w o u l d i n c r e a s e s u p p l y m o r e e f f e c t i v e l y than w o u l d c o m p l e t e d e c o n t r o l ar e n o t p e r s u a s i v e . M o r e o v e r , e v e n if the i m p l i c i t s u b s i d i e s f r o m an old g as c u s h i o n u n d e r p a r t i a l d e r e g u l a t i o n i n c r e a s e d n e a r - t e r m e x p l o r a t i o n for, and d e v e l o p m e n t of n e w gas, t h e r e b y e n h a n c i n g s u p p l i e s for a p e r i o d , the l o n g e r t e r m e f f e c t m i g h t s i m p l y be h i g h e r g as c o s t s f o l l o w i n g e x h a u s t i o n of the cushion. This c o u l d r e s u l t if m o r e rap i d p r o d u c t i o n o f n e w s o u r c e s d u r i n g the p e r i o d o f old g as s u b s i d i e s l e a v e s the N a t i o n w i t h r e l a t i v e l y m o r e c o s t l y s o u r c e s to d e v e l o p , w i t h o u t the b e n e f i t of s u b s i d i es, ther e a f t e r . V. CONCLUSION O n b a l a n c e , c o m p l e t e d e r e g u l a t i o n of all w e l l h e a d p r i c e s for n a t u r a l ga s by a d a t e c e r t a i n , c o m b i n e d w i t h a m a r k e t - o r i e n t e d r e s o l u t i o n to the N G P A ’s c o n t r a c t p r o b l e m , and p r o m p t e l i m i n a t i o n of d e m a n d r e s t r a i n t s , w i l l p r o d u c e the fair- 21-496 0 - 8 3 14 206 es t a nd m o s t e c o n o m i c a l l y e f f i c i e n t s o l u t i o n to the p r o b l e m s c o n f r o n t i n g the N a t i o n ' s g a s m a r k e t s . The long-term health and s t a b i l i t y of the n a t u r a l g as i n d u s t r y and its c u s t o m e r s , i n c l u d i n g i n d u s t r i a l c u s t o m e r s , w i l l be i m p r o v e d by tha t a c tion. A n y e f f o r t to r e t a i n c o n t r o l s o n some or all c a t e g o r i e s of s u p p l i e s w i l l i n e v i t a b l y y i e l d m a r k e t d i s t o r t i o n s a n a l o g o u s to t h o s e e x p e r i e n c e d u n d e r the N a t u r a l G a s A c t and the N GPA. are not. Som e of th o s e d i s t o r t i o n s a r e p r e d i c t a b l e ; o t h e r s Experience indicates, however, that the N a t i o n w i l l be h u r t m o r e by an e x t e n s i o n of full o r p a r t i a l c o n t r o l s th a n by e n d i n g o u r u n f o r t u n a t e e x p e r i e n c e w i t h w e l l h e a d p r i c e r e g u l a t i o n as s o o n as p o s s i b l e . T h e P r o c e s s G a s C o n s u m e r s G r o u p a p p r e c i a t e s this o p p o r t u n i t y to p r e s e n t its v i e w s to th i s C o m m i t t e e . We will w e l c o m e the o p p o r t u n i t y to w o r k f u r t h e r w i t h the M e m b e r s and S t a f f of the C o m m i t t e e in a d d r e s s i n g t h e s e v i t a l l y - i m p o r t a n t n a t u r a l g a s issues. F e b r u a r y 10, 1983 ECONOMICS OF NATURAL GAS DEREGULATION F R ID A Y , A P R IL 15, 1983 C ongress op th e U nited S tates , J oint E conomic C om m ittee , Washington, D.C. The committee met, pursuant to notice, at 10:25 a.m., in room SD138, Dirksen Senate Office Building, Hon. Roger W, Jepsen (chair man of the committee) presiding. Present: Senator Jepsen and Representative Lungren. Also present: Chris Frenze and George R. Tyler, professional staff members. OPENING STATEMENT OF SENATOR JEPSEN, CHAIRMAN Senator J epsen . I ’d like to welcome the distinguished witnesses that have given their valuable time to come before us-this morning. We’ll hear their views on the controversy over natural gas regulation. Obviously, something is wrong. Natural gas prices are continuing to move to record highs, even as surplus supplies accumulate. That’s just not supposed to happen. Water is not supposed to run uphill. Prices are not supposed to rise when the commodity is in sur plus. But it is happening and the Joint Economic Committee would like to know why. It seems apparent that, at least in the natural gas industry, the Con gress has been successful in repealing the law of supply and demand. Perhaps we ought to try instead to repeal the law of gravity and then the oil and the gas would simply bubble up out of the ground and we wouldn’t have to pay for those expensive drilling rigs. The Natural Gas Policy Act of 1978 was supposed to provide enough deregulation to encourage exploration for new supplies, but maintain enough regulation to protect the consumer from predatory pricing. Unfortunately, the law has failed miserably on the second point. The American consumer is being taken to the cleaners. Last winter, too many Americans were forced to choose between food and fuel. And I ’m convinced that only the relatively mild winter saved us from the probability of a consumer revolt across the frost belt. I do hope our witnesses here this morning will address themselves to the question of how we can assure the consumer that adequate sup plies o f gas will remain available without subjecting them to the cer tainty o f evermore drastic price increases. Two aspects of the current national gas crisis merit our special at tention : the “ take or pay” clauses in producer-pipeline contracts; and the indefinite price escalators in the Natural Gas Policy Act. (207) 208 A take-or-pay clause obligates a pipeline to purchase a certain per centage of a production facility’s output whether or not the pipeline can transmit this gas. Hence, the term “take or pay.” Currently, many pipelines are committed to buying expensive gas they can’t afford to take or pay for and the take levels frequently exceed 70 percent. Since many pipelines are locked into expensive gas, they aren’t at liberty to switch to the cheaper gas available. The indefinite price escalator clauses make this situation even worse. One version, for example, ties the price of the natural gas to whatever the maximum lawful price is. Unfortunately, the Natural Gas Policy Act of 1978 price-ceiling formulas assume that oil prices would re main at an inflation-adjusted $15 per barrel. But when oil prices shot up over $30 per barrel soon thereafter, this allowed the maximum lawful prices of the 30 or so categories of natural gas to jump also. Many contracts were liked to the various ceilings established by the National Gas Policy Act. This drove consumer natural gas costs sky high, regardless of market conditions. The NGPA has a number of other problems which we intend to explore in detail today. As we all know, our people don’t want to be subjected to another drastic natural gas price rise next winter. We don’t have the luxury of having any more time to waste. We must change the Natural Gas Policy Act of 1978 now so it will work. At this time I recognize Manuel Johnson, who I understand will present the administration’s case for its deregulation package. Wel come, and thank you for coming. You may proceed. And please know that any statement you have in writing, if you have one that has been submitted, will be entered in the record and you may proceed in any way you may so desire. STATEMENT OF HON. MANUEL H. JOHNSON, ASSISTANT SECRETARY OF THE TREASURY FOR ECONOMIC POLICY Mr. J ohnson . Thank you. I do have a prepared statement to submit for the record and I will read a shorter statement, so as not to take up too much time. Mr. Chairman and members of the committee, it’s a pleasure for me to be here today to discuss with you the natural gas deregulation question. In the late 1970’s, the President and the Congress realized tiiat the existing regulatory arrangement regarding the pricing of natural gas was leading to increasingly serious shortages of crisis pro portions. In response, the Natural Gas Policy Act was enacted into law. This act had two primarily elements. First, it imposed Federal price regulation on the intrastate gas market, thereby integrating the interstate and the intrastate market. And, second, it provided for a scheduled phasing in of price increases in order to avoid an abrupt increase in prices, yet achieve ultimate decontrol of prices for certain categories of natural gas. Unfortunately, the NGPA has several flaws. Perhaps the most serious flaw is the linkage of natural gas prices to a target market price of oil based on a forecast for 1985. This provision thwarted the intent of the legislation if the price of oil behaved differently than the actual forecast. And indeed, that is exactly what has happened. A 209 dramatic increase in the price of oil in 1979 and further subsequent increases made the prospect of a smooth transition less likely. And, in fact, there has been considerable concern in the past few years that these developments would result in a dramatic jump in the price of gas when it is partially deregulated in 1985. Since 1980, however, the United States and other world economies have been in recession, although the U.S. economy is now on the road toward recovery. The supply of oil has exceeded demand, which has fallen from pre vious high levels. Crude oil prices have actually declined and there’s considerable agreement that a market clearing price for natural gas upon decontrol would be much lower than had been anticipated just 2 years ago. Indeed, the weight of the evidence indicates that market clearing prices for natural gas are now below current regulated prices in many areas and current prices would actually decline in real terms if exist ing contracts between producers and pipelines are renegotiated and oil prices remain at current levels. Gas prices have escalated sharply in recent years in part because they had been held so far below market clearing levels, but also in part because of the interaction of provisions of both the NGPA and private contracts. Contract clauses stipulate wellhead prices as a function of Government-controlled prices and have caused NGPA price ceilings to actually function in many cases as price floors. Thus, as those ceil ings are gradually lifted according to NGPA formulas wellhead gas prices are driven upwards, regardless of the current state of demand or the current trend in substitute oil prices. Past controls may also have encouraged the writing of very high per centage take-or-pay clauses. With previous price ceilings below market resulting in a situation of excess demand for gas, pipelines were pre cluded from bidding up the price to obtain supplies and had to resort entirely to offering producers higher levels of guaranteed demand; that is, higher percentages of take-or-pay contracts in order to obtain secure sources of gas. Pipelines and consumers are now bearing the burden of these various contractual arrangements. As gas prices have escalated sharply, even in the face of declining demand, some users are starting to switch from gas back to oil. Because of high take-or-pay contractual obligations, however, some pipelines have found it necessary to take the most ex pensive gas supplies and shut in the less expensive supplies that are available. Under take-or-pay, they must pay for the contracted percentages of both types of gas. But due to pipeline regulation, they can only pass on directly the cost of gas that’s actually taken. Regulation, therefore, has had the perverse effect of driving prices higher at a time when falling oil prices and competition should be leading to lower gas prices. Long-term contracts may, by themselves, lead to situations where average gas prices differ from those prices being paid on new contracts. The existence of price controls exaggerates this effect by limiting the extent to which automatic contract provisions may allow prices for gas being sold under existing contracts to adjust to current market conditions. Also, where the prices of some types of gas are not con 210 trolled, legislation causes producers to search for and develop these high, cost sources of supply rather than more easily obtainable supplies that, because of controls, yield a lower return. Pipelines with access to significant supplies of cheap price controlled gas, on the other hand, are able to bid up the price of new high cost, uncontrolled gas to levels significantly above the average price. This is because they’re able to roll in or average the high price gas with the cushion of controlled or low price gas and still market their product at competitive prices. The primary consequence of the regulation of natural gas is an inefficient use of economic resources. In prior years when the price of gas was kept below its opportunity cost, there were two effects. First, the present consumers of natural gas, who, for historic or other acci dental reasons, had access to comparatively cheap energy, tended to use it in an economically inefficient manner. Other potential users, because of the price controls, were unable to secure access to the re source due to the lack of adequate supplies at control prices. Second, price controls made it uneconomical, in many instances, to develop and market old reserves of regulated gas. Thus, producers concentrated on high-cost new-gas development, even though there may be plentiful reserves of lower cost gas to be developed. Although the NGPA was well intended, it was flawed and has pro duced distortions and inefficiencies. The perpetuation of this situation does not serve the best interests of the Nation and must be corrected— by moving toward an environment where market forces determine demand, supply, and prices. In the years before NGPA, wellhead controls only on gas destined for interstate commerce resulted in artificially low prices and pro duced depressing effects on exploration and drilling activity for the interstate market. Circumstances created a situation where the demand for gas exceeded the supply that producers were willing to make avail able. In effect, the controlled or administered price of gas was below the equilibrium or market clearing price. The resulting supply short ages led to passage of the NGPA. After the NGPA was enacted, certain conditions changed dra matically. Natural gas prices have been rising as a result of scheduled price escalation under the NGPA and various contractual arrange ments between producers and pipelines in spite of the fact that the demand for gas has been falling. Decline in demand is partly because of depressed economic activity and partly because the price of oil has declined in both nominal and real terms since 1981. In addition, as the price of gas rises, the demand for gas is reduced. At present, the price of natural gas is most likely being held above its equilibrium or market clearing price, a situation that is consistent with current excess supply conditions. If the administration’s proposal is enacted into law, controls are removed, and contracts are renegotiated or eventually voided, I would expect that natural gas prices would decline to the market-clearing price, if that actually took place. This assumes the continuation of rela tively low oil prices which I think is a reasonable assumption, given current conditions of the market. The fall in natural gas prices would reduce the rate of inflation modestly and increase real economic growth and employment. Also, 211 lower natural gas prices consistent with lower cost of supply would result in greater efficiency in the use of energy throughout the economy. Total-factor productivity could increase somewhat, and the shift of users from oil to lower priced gas would result in reduced oil imports. As economic recovery takes hold, it is possible that natural gas prices could rise in real terms as the demand for gas rises. It’s possible. I f oil prices escalate little or not at all or even decline over the next few years, the demand for gas would not rise as rapidly as otherwise would be the case and natural gas prices, therefore, would not increase significantly. It is important to realize, though, that even if the economic recovery substantially increases gas demand and gas prices rise, this situation would also occur under the continuation of NGPA, not just because of market decontrol. Under current law, I think that we can expect natural gas price in creases until and probably even after partial deregulation takes place in 1985. Underlying these gas-price increases are certain provisions in existing contracts that cause the price ceilings under the NGPA to act as price floors that rise with the rate of inflation. After 1985 and partial deregulation under NGPA, one would expect gas prices to continue rising. NGPA price controls on old gas after 1985 would continue to subsidize the uneconomic purchase of more expen sive, decontrolled gas. At a time of large budget deficits, the imposition of a windfall-profit tax on decontrolled natural gas might be tempting. Even though Treas ury supports a smaller budget deficit, we cannot support a windfall tax on decontrolled natural gas. A windfall tax rests on the notion that, once a well is drilled, all costs have been sunk and the production rate and production life of the well are actually fixed. Therefore, any increase in price for the gas being produced from an existing well is pure surplus or windfall and can be taxed without negative supply implications. This is not entirely accurate. While there may be some windfall profits involved, it is impossible to determine the precise amount of these profits. A windfall tax could easily take more than the windfall gain, and thus provide a supply disincentive. At the other extreme, a windfall tax probably would not take into account windfall losses incurred by some producers. As production continues from a gas well over an extended period of time, many things can happen to a well which may cause it either to reduce or even cease its production of natural gas. Nevertheless, there are a number of actions which can be taken to increase recover able reserves. These actions, of course, require further capital expendi tures. I f the price of gas is subject to a windfall tax, the incentive to increase production from decontrol is significantly lessened. I f a natural gas windfall tax were to take a form similar to the oil windfall tax in which even new supplies of gas on the market would be subject to additional tax, the discentive supply effects would even be more apparent. It follows that the tax would lower gas supplies along several different production margins, implying higher energy imports and higher gas prices for consumers. Another reason for not supporting a windfall tax is that the reve nues may not be significant enough under currently accepted oil price 212 assumptions to justify the expense needed to administer the tax. Fur ther regulations would be needed to define, identify, and collect the revenue obligations, counter to the objective of this administration to reduce Government regulation and market intervention in this administration. Finally, I would like to comment on the effect of gas deregulation on financial institutions. The natural gas decontrol bill should have little, if any, effect upon the banking sector. The only comment that we have heard from the banking community concerns the bill’s over ride of existent contract provisions, such as the maximum level on take-or-pay percentages. Companies that specialize in producing deep and other categories of high price gas may experience declining gas revenues due to the decontrol. As a consequence, such producers could have trouble servicing their loans. However, those incidents would cause significant problems for individual banks only if such banks had concentrations of loans to those specialized gas producers in their portfolios. Wc anticipate that if such cases exist, they will be rare. We note, too, that the expected deterioration of income of such producers is already occurring. Pipelines have stopped contracting for new sup plies at high prices and have negotiated down and actually walked away from high price contracts, and have even reduced take-or-pay purchases across the board on all contracts. Mr. Chairman, this concludes my statement and I would be happy to answer any questions that you or your committee may have. Thank you. [The prepared statement of Mr. Johnson follows :] 213 P repared S tatem ent of H o n . M an u el H . J ohnson E c o n o m i c s of T h e N a t u r a l G a s M a r k e t Mr. C h a i r m a n a nd m e m b e r s of the Commit t e e ; It is a p l e a s u r e for m e to b e h e r e t o d a y to d i s c u s s w i t h you the n a t u r a l g as d e r e g u l a t i o n question. Background P u b l i c p o l i c y h a s h a d a m a j o r impact on the s t r u c t u r e and e v o l u t i o n of t he n a t u r a l gas indu s t r y . The F e d e r a l Pow e r C o m m i s s i o n (FPC) w a s o r i g i n a l l y g i v e n the a u t h o r i t y to r e g u l a t e i n t e r s t a t e natu r a l gas t r a n s p o r t a t i o n an d sales for r e s a l e in 1938. The F P C w a s r e q u i r e d at that tim e to r e v i e w r a t e s and c h a r g e s to d e t e r m i n e w h e t h e r t h e y w e r e "just a n d r e a s o n a b l e . " The F P C d i d not i n t e r p r e t this a u t h o r i t y as r e q u i r i n g o v e r s i g h t o f w e l l h e a d pricing, In 1954, in r e s p o n s e to a S u p r e m e C o u r t d e c i s i o n (The Phillips Case), t he F e d e r a l P o w e r C o m m i s s i o n as s u m e d the a u t h o r i t y to r e g u late t h e w e l l h e a d p r i c e s o f n a t u r a l gas w h i c h was sol d a c r o s s state linesc T h i s a c t i o n d i v i d e d the natu r a l gas m a r k e t into two d i s t i n c t s t r u c t u r e s : (1) an i n t e r s t a t e m a r k e t in w h i c h w e l l h e a d p r i c e c e i l i n g s w e r e imposed, and (2) an i n t r a s t a t e m a r k e t in w h i c h the p r i c e was p r i m a r i l y d e t e r m i n e d b y m a r k e t forces. The i m p l i c a t i o n o f thi s d e c i s i o n w a s b e c o m i n g e v i d e n t d u r i n g the e a r l y 1 9 7 0 's w h e n t h e u n r e g u l a t e d p r i c e o f i n t r a s t a t e gas rose R-3032 214 a bo v e the r e g u l a t e d p r i c e of i n t e r s t a t e gas* As a result, gas p r o d u c e r s ten d e d t o s h i f t t h e i r o u t p u t i n c r e a s i n g l y to the i n t r a s t a t e market. However, it was n o t un t i l t h e m i d - 1 9 7 0 ' s , the oil e m b argo, and t h e d r a m a t i c i n c r e a s e in the p r i c e o f oil, t h a t the full i m p l i c a t i o n s o f t h i s d u a l m a r k e t s t r u c t u r e b e c a m e clear. Si n c e n a t u r a l gas is a c l o s e s u b s t i t u t e for oil in m a n y uses, e s p e c i a l l y w h e n us e d as a fuel for b o i l e r s b y i n d u s t r y a n d u t i l i t i e s , the p r i c e of n a t u r a l g as in t he i n t r a s t a t e m a r k e t ros e s u b s t a n t i a l l y as u s e r s s h i f t e d o ut o f h i g h - p r i c e d o il into n a t u r a l gas. As the p r i c e d i f f e r e n c e b e t w e e n the t w o m a r k e t s i n c reased, th e a m o u n t o f n e w g a s d e d i c a t e d to t he i n t e r s t a t e m a r k e t d e c l i n e d and, b y ' t h e m i d - 1 9 7 0 ' s , s h o r t a g e s d e v e l o p e d . In the late 1970's, t h e P r e s i d e n t a n d the C o n g r e s s r e a l i z e d t h a t the e x i s t i n g i n s t i t u t i o n a l a r r a n g e m e n t r e g a r d i n g t h e i n t e r s t a t e m a r k e t w a s l e a d i n g to i n c r e a s i n g l y s e r i o u s s h o r t a g e s o f crisis proportions» Thus, t h e N a t u r a l G a s P o l i c y Act (NGPA) w a s e n a c t e d into law. T h i s Act h a d t w o p r i m a r y elements. F i r s t , it i m p o s e d F e d e r a l p r i c e r e g u l a t i o n o n the i n t r a s t a t e m a r k e t , t h e r e b y i n t e g r a t i n g t he i n t e r s t a t e a n d t he i n t r a s t a t e m a r k e t s and, s e c o n d it p r o v i d e d for a s c h e d u l e d p h a s i n g i n o f p r i c e i n c r e a s e s in o r d e r to a v o i d an a b r u p t i n c r e a s e in p rices, y e t a c h i e v e u l t i m a t e d e c o n t r o l o f p r i c e s for c e r t a i n c a t e g o r i e s o f n a t u r a l gas. Thi s l e g i s l a t i o n r e p r e s e n t e d a c o m p r o m i s e b e t w e e n gr o u p s w h o w a n t e d to a l l e v i a t e the s h o r t a g e in the i n t e r s t a t e m a r k e t b y s i m p l y e x p a n d i n g p u b l i c j u r i s d i c t i o n ove r the t o t a l m a r k e t a n d g r o u p s w h o w i s h e d t o s o l v e t he p r o b l e m b y r e m o v i n g p r i c e c o n t r o l s from the i n t e r s t a t e ma r k e t . U n f o r t u n a t e l y , t h e N G P A h a s s everal flaws. Perhaps the most seri o u s f l a w is the l i n k a g e of n a t u r a l gas p r i c e s to a t a r g e t m a r k e t p r i c e o f o il b a s e d on a f o r e c a s t for 1985. This provision t h w a r t e d the i n tent of t h e l e g i s l a t i o n if t h e p r i c e o f oil b e h a v e d d i f f e r e n t l y t h a n forecast. And i n d e e d t h a t is e x a c t l y w h a t h a s happened. Ch a n g i n g w o r l d e n e r g y c o n d i t i o n s q u i c k l y m a d e the p l a n ob s o l e t e . W h e n th e l e g i s l a t i o n w as p a s s e d in 1978, t h e p r i c e o f oil w a s abo u t $15 p e r barrel. Th e i n c r e a s e s in n e w g as c e i l i n g s s c h e d u l e d b y t he l e g i s l a t i o n w e r e d e s i g n e d to b r i n g t h e p r i c e s o f n e w gas c l o s e to the B T U - e q u i v a l e n t p r i c e of oil b y th e t i m e w e l l h e a d p r i c e s w e r e to b e c o m p l e t e l y d e c o n t r o l l e d in 1985. The d r a m a t i c in c r e a s e in the p r i c e o f o il d u r i n g t h e I r a n i a n c r i s i s in 1979, a n d f u r t h e r s u b s e q u e n t increases, m a d e t he p r o s p e c t of a sm o o t h t r a n s i t i o n less likely, and in fact t h e r e h a s b e e n c o n s i d e r a b l e c o n c e r n in th e p a s t few y e a r s th a t t h e s e d e v e l o p m e n t s w o u l d result^ in a d r a m a t i c jump in the p r i c e o f g a s w h e n it is p a r t i a l l y d e r e g u l a t e d in 1985. Sin c e 1980, t he U n i t e d States and o t h e r w o r l d e c o n o m i e s h a v e b e e n in recess i o n , a l t h o u g h t h e U.S. e c o n o m y is n o w o n t h e r o a d 215 toward reco v e r y . The s u p p l y of o il h as e x c e e d e d demand, w h i c h h as fallen from p r e v i o u s highs. As a result, crude oil p r i c e s h a v e d e c l i n e d in b o t h n o m i n a l a nd rea l te r m s since the first q u a r t e r o f 1981c T h e r e is c o n s i d e r a b l e a g r e e m e n t tha t a m a r k e t c l e a r i n g p r i c e for n a t u r a l gas u p o n d e c o n t r o l w o u l d b e m u c h lower t h a n h ad b e e n a n t i c i p a t e d just two y e a r s ago. Thus, t h e r e are n o w m i x e d o p i n i o n s o n w h e t h e r or not a n d b y h o w m uch, if any, gas p r i c e s w o u l d i n c r e a s e w h e n p a r t i a l d e c o n t r o l t a k e s place. Indeed, t h e w e i g h t of t he e v i d e n c e i n d i c a t e s th a t m a r k e t c l e a r i n g prices- for na t u r a l gas ar e n o w b e l o w c u r r e n t r e g u l a t e d p r i c e s in m a n y areas a n d tha t c u r r e n t p r i c e s w o u l d a c t u a l l y d e c l i n e in real terms if e x i s t i n g c o n t r a c t s b e t w e e n p r o d u c e r s and p i p e l i n e s a r e r e n e g o t i a t e d a nd o il p r i c e s r e m a i n at c u r r e n t levels in rea l terms. The D e p a r t m e n t of E n e r g y h a s esti m a t e d , for example, t h a t the A d m i n i s t r a t i o n ' s n a t u r a l gas p r o p o s a l w o u l d a c h i e v e a n e a r l y 4 p e r c e n t d e c l i n e in the real a v e r a g e w e l l h e a d p r i c e of n a t u r a l gas in its first y e a r o f o p e r ation. Indeed, this e s t i m a t e a s s u m e s oil p r i c e s that c o u l d e a s i l y p r o v e to be t o o high. A more plau sible o il p r i c e f o r e c a s t u t i l i z e d b y D O E yi e l d s a real a v e r a g e w e l l h e a d p r i c e d e c l i n e o f o v e r 11 p e r c e n t in the first y e a r of decontrol. M ark e t C h a r a c t e r i s t i c s U n l i k e the oil m a r k e t in w h i c h c o n t r a c t s are s h o r t - t e r m and w h o s e a n a l y s i s c an be u s e f u l l y a p p r o x i m a t e d b y a spot ma r k e t , the natural gas m a r k e t is c h a r a c t e r i z e d b y l o n g - t e r m c o n t r a c t s . M a n y of t h e s e c o n t r a c t s i n c l u d e v a r i o u s t ypes of e s c a l a t o r c l a uses and r e q u i r e m e n t s that p i p e l i n e s p a y for a h i g h p e r c e n t a g e o f the d e l i v e r a b l e gas, w h e t h e r or n o t t h a t gas is a c t u a l l y t a k e n in s u b sequent years. T he n e c e s s i t y o f t hese " t a k e - o r - p a y " c o n t r a c t c l a u s e s stems from s e v e r a l factors: p i p e l i n e s are r e q u i r e d to co n t r a c t for c e r t a i n g a s r e s e r v e levels in o r d e r to m e e t a n t i c ip a t e d future demand, a n d the i r large f ixed cos t s h a v e e n c o u r a g e d the p i p e l i n e s to be h i g h l y c o n c e r n e d ab o u t the c o n t i n u i t y o f supply. P r o d u c e r s are a l s o i n t e r e s t e d in l o n g - t e r m cont r a c t s , in ord e r to p r o t e c t t h e i r i n v e s t m e n t b y e n s u r i n g t h a t p i p e l i n e s ca n n o t a r b i t r a r i l y w a l k a w a y from c o n t r a c t s to b u y gas. Gas p r i c e s h a v e e s c a l a t e d s h a r p l y in re c e n t y e a r s in p a r t b e c a u s e t h e y h a d b e e n h e l d so far b e l o w m a r k e t c l e a r i n g levels, but also in p a r t b e c a u s e of the i n t e r a c t i o n o f p r o v i s i o n s o f b o t h the N G P A a n d p r i v a t e contra c t s . C o n t r a c t c l a u s e s th a t s t i p u l a t e w e l l h e a d p r i c e s as a f u n c t i o n o f g o v e r n m e n t c o n t r o l l e d pr i c e s h a v e c a u s e d N G P A p r i c e c e i l i n g s to function, in m a n y cases, as p r i c e floors. Thus, as th o s e c e i l i n g s a re g r a d u a l l y l ifted a c c o r d i n g to N G P A fo r m u l a s — o f t e n at rates in e x c e s s of the g e n e r a l rat e of i n f l a t i o n — w e l l h e a d gas pr i c e s are d r i v e n upwards, r e g a r d l e s s of t he cu r r e n t state o f d e m a n d or the c u r r e n t trend in s u b s t i t u t e oil prices. 216 Past c o n t r o l s m a y al s o h a v e e n c o u r a g e d t h e w r i t i n g o f v e r y h i g h p e r c e n t a g e t a k e - o r - p a y clauses. With'effective price ceil ings r e s u l t i n g in a s i t u a t i o n of e x c e s s d e m a n d for gas, p i p e l i n e s w e r e p r e c l u d e d fro m c o m p e t i n g on the b a s i s of p r i c e and h a d to r e s o r t e n t i r e l y to o f f e r i n g p r o d u c e r s h i g h e r leve l s o f g u a r a n t e e d d e m a n d — t h a t i s f h i g h e r p e r c e n t a g e s in t a k e - o r - p a y c o n t r a c t s — in o r d e r to o b t a i n s e cure sour c e s o f gas supplies. P i p e l i n e s and c o n s u m e r s are n o w b e a r i n g the b u r d e n of t h e s e v a r i o u s c o n t r a c t u a l a r r a n g e m e n t s which, as e v ents w o u l d h a v e it, h a v e not tu r n e d out to be in th e i r b e s t i n terests. As g a s p r i c e s h a v e e s c a l a t e d sharply, even in the face o f d e c l i n i n g demand, some users are s t a r t i n g t o s w i t c h from gas to oil. B e c a u s e of h i g h t a k e - o r - p a y c o n t r a c t u a l o b l i g a t i o n s , however, some p i p e l i n e s h a v e found it n e c e s s a r y to take the m o s t e x p e n s i v e ga s su p p l i e s and shut in the less e x p e n s i v e su p p l i e s t h a t are available. They m u s t p a y for the c o n t r a c t e d p e r c e n t a g e s o f b o t h t y p e s of g a s b u t can o n l y p a s s on d i r e c t l y the co s t of gas a c t u a l l y taken. Obvi ously, m o s t p r o d u c e r s o f thi s e x p e n s i v e g a s are r e l u c t a n t to let the p i p e l i n e s d i s r e g a r d this t a k e - o r - p a y c o n t r a c t u a l o b l i g a t i o n . Regulation, t h e r e f o r e , h a s h ad t h e p e r v e r s e e f fect o f d r i v i n g gas p r i c e s h i g h e r at a t i m e w h e n f a l l i n g o i l p r i c e s a nd c o m p e t i ti o n s h o u l d be l e a ding t o lower g as prices. In the oil m a r k e t it w as e x p e c t e d t h a t o n c e t he p r i c e o f oil w a s d e r e g u l a t e d , d o m e s t i c m a r k e t p r i c e s w o u l d a d j u s t to the w o r l d m a r k e t p r i c e and, in fact, t h a t is what h a p p e n e d . In c o n trast, in the n a t u r a l gas ma r k e t , e v e n if c o m p l e t e d e r e g u l a t i o n w e r e i m p l e m e n t e d w i t h o u t r e n e g o t i a t i o n o f contracts, m a n y d i f f e r - 0 ent p r i c e s c o u l d c o e x i s t b e c a u s e of c o n t r a c t s that w e r e n e g o t i a t e d a t d i f f e r e n t p o i n t s in t i m e w i t h d i f f e r e n t p r i c e p r o v isions, The i n c r e m e n t a l p r i c i n g p r o v i s i o n s o f the N G P A h a v e also been counterproductive. D e s i g n e d to s h i e l d r e s i d e n t i a l c u s t o m e r s from p r i c e i n c r e a s e s b y s h i f t i n g t h e c o s t s o f e x p e n s i v e g a s to i n d u s t r i a l users, t h e s e p r o v i s i o n s h a v e i n d u c e d i n d u s t r i a l us e r s — th e na t u r a l gas c o n s u m e r s w h o m a y m o s t e a s i l y s u b s t i t u t e a l t e r n a t i v e fuels for g a s — to tur n a w a y from gas. As a result, r e s i d e n t i a l c u s t o m e r s h a v e b e e n f o rced t o b e a r a g r e a t e r p e r c e n t a g e of the fixed c o s t s o f p r o d u c i n g and d e l i v e r i n g n a t u r a l gas than the y w o u l d h a v e otherwise. L o n g - t e r m c o n t r a c t s may, b y the m s e l v e s , lead t o s i t u a t i o n s w h e r e a v e r a g e gas p r i c e s d i f f e r from th o s e p r i c e s b e i n g p a i d on n e w contracts. The e x i s t e n c e of p r i c e c o n t r o l s e x a g g e r a t e s this ef f e c t b y l i m i t i n g the extent to w h i c h a u t o m a t i c c o n t r a c t p r o v i s i o n s m a y a l l o w p r i c e s for gas b e i n g sol d u n d e r e x i s t i n g c o n t r a c t s to a d j u s t to c u r r e n t m a r k e t condit i o n s . Also, w h e r e the pr i c e s of some t ypes o f g as — dee p ga s in the case of the N G P A — are not c o n t r o l l e d , the l e g i s l a t i o n causes p r o d u c e r s to se a r c h for and d e v e l o p th e s e h i g h c o s t s o u rces o f supply, r a t h e r 217 t h a n m o r e e a s i l y o b t a i n a b l e s u p p l i e s that, b e c a u s e o f controls, yie l d a l o w e r return. P i p e l i n e s w i t h a c c e s s to s i g n i f i c a n t s u p p l i e s o f cheap, p r i c e c o n t r o l l e d gas, o n the other hand, are able to b i d u p the p r i c e of new, h i g h - c o s t , u n c o n t r o l l e d gas to levels s i g n i f i c a n t l y a bove the a v e r a g e p r i c e o f gas. This is b e c a u s e t h e y a r e able to "roll in" o r a v e r a g e the h i g h - p r i c e d gas w i t h the c u s h i o n o f c o n t r o l l e d or o l d l o w - p r i c e d gas and still m a r k e t th e i r p r o d u c t at c o m p e t i t i v e prices. I m p l i c a t i o n s o f R e g u l a t i o n and D e r e g u l a t i o n o f N a t u r a l Gas The p r i m a r y c o n s e q u e n c e of the r e g u l a t i o n o f n a t u r a l gas is an i n e f f i c i e n t use of e c o n o m i c resour c e s . In p r i o r years, wh e n the p r i c e of g a s w a s k e p t b e l o w i ts o p p o r t u n i t y value, i.e., its free m a r k e t price, t h e r e w e r e two effects. First, p r e s e n t c o n sumers o f n a t u r a l gas, w h o for h i s t o r i c or o t h e r a c c i d e n t a l reas o n s h a d ac c e s s to c o m p a r a t i v e l y c h e a p energy, t e n d e d to use it in an e c o n o m i c a l l y i n e f f i c i e n t m a n n e r . O t h e r p o t e n t i a l users, b e c a u s e o f the p r i c e c o n t rols, w e r e unab l e to secure ac c e s s to the r e s o u r c e d u e to the lack o f a d e q u a t e s u p plies o f c o n t r o l l e d prices. Second, r e g u l a t i o n h a s r e s u l t e d in less s u p p l i e s t h a n w o u l d be o p t i m a l b e c a u s e of r e d u c e d p r o f i t o p p o r t u n i t i e s . In addition, u nder NGPA, r e g u l a t i o n h a s r e s u l t e d in a m i x of supp l i e s that is m o r e c o s t l y t h a n nece s s a r y . For example, c o n t r o l s e n c o u r a g e d p r o d u c e r s to s e a r c h for d e e p gas w h i c h w a s c o m p l e t e l y d e r e g ulated u n d e r N G P A and t o ne g l e c t o t h e r typ e s of gas. Pr i c e c o n t r o l s m a d e it u n e c o n o m i c a l in m a n y i n s t a n c e s to d e v e l o p and m a r k e t r e g u l a t e d gas? thus, p r o d u c e r s h a v e c o n c e n t r a t e d o n h i g h c o s t gas d e v e l o p m e n t ev e n t h o u g h t h e r e m a y be p l e n t i f u l r e s e r v e s of l o w e r - c o s t g a s to be developed. Administration Proposal A l t h o u g h the N G P A w a s w e l l intended, it w a s flawed and h a s produced distortions and inefficiencies. The p e r p e t u a t i o n of this s i t u a t i o n does not serve the b e s t i n t e r e s t s of the n a t i o n and m u s t be c o r r e c t e d — b y m o v i n g t o w a r d an e n v i r o n m e n t whe r e m a r k e t forces d e t e r m i n e demand, s u p p l y and prices. Because weak gas d e m a n d a n d p r i c e i n f l e x i b i l i t i e s a r i s i n g from the N G P A h a v e r esu l t e d in e x c e s s s u p p l i e s of na t u r a l gas w h i l e oil p r i c e s are declining, t h e r e m a y n e v e r be a b e t t e r t i m e to start this transition. In the y e a r s b e f o r e NGPA, w e l l h e a d c o n t r o l s o n l y o n g as d e s t i n e d for i n t e r s t a t e c o m m e r c e r e s u l t e d in a r t i f i c i a l l y l o w prices and p r o d u c e d d e p r e s s i n g e f f e c t s o n e x p l o r a t i o n and d r i l l i n g a c t i v i t y for the i n t e r s t a t e mark e t . This r e g u l a t o r y envi r o n m e n t , along w i t h g r e a t e r d e m a n d for gas d u e to O P E C oil p r i c e i n c r e a s e s a n d h a r s h w i n t e r weat h e r , c r e a t e d a s i t u a t i o n whe r e the d e m a n d for gas e x c e e d e d the s u p p l y that p r o d u c e r s w e r e w i l l i n g to m a k e available. In effect, the c o n t r o l l e d or a d m i n i s t e r e d p r i c e of gas wa s b e l o w t h e e q u i l i b r i u m or m a r k e t c l e a r i n g price. The r e s u l t i n g s u p p l y s h o r t a g e s led to p a s s a g e of the NGPA. 218 Aft e r the N G P A w a s en a c t e d c e r t a i n c o n d i t i o n s c h a n g e d d r a m a t ically, l e a d i n g to the s i t u a t i o n tha t e x ists today. N a t u r a l gas p r i c e s h a v e b e e n r i s i n g as a r e sult of s c h e d u l e d p r i c e e s c a l a t i o n under the N G P A a nd v a r i o u s c o n t r a c t u a l a r r a n g e m e n t s b e t w e e n p r o d u c e r s and p i p e l i n e s in s p ite of the fact that the d e m a n d for gas h a s b e e n falling. This r e s u l t is p a r t l y b e c a u s e o f d e p r e s s e d e c o n o m i c a c t i v i t y a nd p a r t l y b e c a u s e the p r i c e of oil h a s d e c l i n e d in b o t h n o m i n a l and rea l t e r m s s i n c e 1981« In a d d i tion, as the p r i c e of g a s rises, t h e d e m a n d for gas is reduced. Thus, gas p r i c e e s c a l a t i o n h a s o c c u r r e d in s pite o f d e c l i n i n g demand, d ue to the w o r k i n g s o f the NGPA. At present, t h e p r i c e o f n a t u r a l gas is m o s t l i k e l y b e i n g h e l d above its e q u i l i b r i u m o r m a r k e t c l e a r i n g price, a s i t u a t i o n that is c o n s i s t e n t w i t h c u r r e n t e x c e s s s u p p l y cond i t i o n s . If t h e r e w e r e e x c e s s demand, and w e k n o w th e r e is not, o n e w o u l d ex p e c t the p r i c e of ga s to b e b e l o w th e m a r k e t c l e a r i n g price, as it was p r i o r to the e n a c t m e n t of NGPA. U n d e r the A d m i n i s t r a t i o n ' s prop o s a l , w e l l h e a d p r i c e s o f n a t u r a l gas in a n y n e w o r r e n e g o t i a t e d c o n t r a c t s b e t w e e n p r o d u c ers and p i p e l i n e s w o u l d b e a l l owed to f u n c t i o n u n d e r t h e i r o w n terms. T h e r e are i n c e n t i v e s for p r o d u c e r s a n d p i p e l i n e s to r e n e g o t i a t e e x i s t i n g c o n t r a c t s to re f l e c t c u r r e n t m a r k e t c o n d i tions. For c o n t r a c t s t h a t are n ot r e n e g o t i a t e d , t h e r e w o u l d b e a gas cap d e t e r m i n e d b y the av e r a g e p r i c e for gas in n e w l y n e g o t i a t e d and r e n e g o t i a t e d c o n t racts. A f t e r J a n u a r y 1, 1985, b u t b e f o r e J a n u a r y 1, 1986, a n y c o n t r a c t not r e n e g o t i a t e d c o u l d b e b r o k e n b y e i t h e r party. If a p i p e l i n e is a p a r t y to an a b r o g a t e d c o n tract, it w o u l d be o b l i g a t e d to f a c i l i t a t e t r a n s p o r t a t i o n of gas to a n o t h e r p u r c h a s e r . Take or p a y r e q u i r e m e n t s in c o n t r a c t s c o u l d i m m e d i a t e l y b e r e d u c e d to 70 p e r c e n t , r e l e a s i n g a n y g a s so a f f e c t e d to be sold to a n o t h e r party. E s c a l a t o r c l a u s e s in c o n t r a c t s that p r o v i d e for a u t o m a t i c i n c r e a s e s in the g a s p u r c h a s e p r i c e o f c o n t r o l l e d gas w o u l d be l i m i t e d so that p r i c e s c o u l d not rise h i g h e r tha n the g a s cap. This l i m i t a t i o n w o u l d b e g i n fo u r m o n t h s a fter the b i l l is e n a c t e d an d ex p i r e o n J a n u a r y 1, 1986. Co n s umers w o u l d be aid e d b y a p r o v i s i o n t h a t w o u l d p r o h i b i t p i p e l i n e s from a u t o m a t i c a l l y p a s s i n g t h r o u g h to c o n s u m e r s t he c o s t of g a s p u r c h a s e d if the in c r e a s e is g r e a t e r t h a n the ra t e of inflation. La r g e r i n c r e a s e s w o u l d h a v e to be r e v i e w e d b y the Fe d e r a l E n e r g y R e g u l a t o r y C o m m i s s i o n in a pu b l i c hearing. The p r o p o s a l a l s o w o u l d e s t a b l i s h a "c o n t r a c t carr i a g e " p r o v i s i o n w h e r e b y F E R C c o u l d order an i n t e r s t a t e p i p e l i n e to t r a n s p o r t gas o n b e h a l f of a n y p r o d u c e r a n d purcha s e r . Thi s p r o v i s i o n w o u l d a l l e v i a t e some of the p r i c e i n f l e x i b i l i t y p r o b l e m s i n h e r e n t in the c u r r e n t i n s t i t u t i o n a l a r r a n g e m e n t s that r e l y o n l o n g - t e r m contracting. Finally, the i n c r e m e n t a l p r i c i n g p r o v i s i o n u n d e r c u r r e n t l aw w o u l d be elim i n a t e d , as w o u l d the r e s t r i c t i o n s on gas use under the Fuel Us e Act of 1978. 219 If t he A d m i n i s t r a t i o n ' s p r o p o s a l is e n a c t e d i n t o law, c o n t r ols are removed, an d c o n t r a c t s a re r e n e g o t i a t e d o r e v e n t u a l l y voided, I w o u l d e x p e c t t h a t n a t u r a l gas p r i c e s w o u l d d e c l i n e to t h e m a r k e t c l e a r i n g pric e . Thi s a s s u m e s the c o n t i n u a t i o n of r e l a t i v e l y l o w o il prices, w h i c h I t h i n k is a r e a s o n a b l e a ssumption, T h e fall in n a t u r a l gas p r i c e s w o u l d red u c e the r a t e of i n f l a t i o n m o d e s t l y a n d i n c r e a s e s o m e w h a t real e c o n o m i c g r o w t h and employment. Also, l o w e r n a t u r a l gas prices, c o n s i s t e n t w i t h lower co s t s of supply, w o u l d r e s u l t in g r e a t e r e f f i c i e n c y in the use of e n e r g y t h r o u g h o u t t he economy. T o t a l fac t o r p r o d u c t i v i t y c o u l d i n c r e a s e somewhat, a n d the s h i f t o f u sers f r o m o il to l ower p r i c e d gas w o u l d r e s u l t in r e d u c e d o il imports. Secretary H o del has t e s t i f i e d tha t o il i m p o r t s c o u l d fall b e l o w c u r r e n t p r o j e c t i o n s b y 1 0 0 , 0 0 0 to 2 0 0 , 0 0 0 b a r r e l s p e r d ay in t he f irst y e a r f o l l o w i n g e n a c t m e n t of the proposal. A t a b o u t $30 p e r b arrel, a n d t a k i n g t h e m i d p o i n t of this estimate, th e s a v i n g s in our oil i m p o r t b i l l c o u l d b e as m u c h as $1.5 b i l l i o n p e r year. A s e c o n o m i c r e c o v e r y takes hold, it is p o s s i b l e t h a t na t u r a l gas p r i c e s c o u l d r i s e in real t e r m s as the d e m a n d for gas rises. T h e m a g n i t u d e w o u l d d e p e n d to so m e e x t e n t o n w h a t h a p p e n s to oil prices. If o il p r i c e s e s c a l a t e l i t t l e o r n ot at all or eve n d e c l i n e o v e r t h e n e x t f ew years, t h e d e m a n d for gas w o u l d not rise as r a p i d l y as o t h e r w i s e w o u l d b e the cas e a n d n a t u r a l gas p rices, th e r e f o r e , w o u l d not i n c r e a s e s i g n i f i c a n t l y . In o t h e r words, c o n t i n u e d l o w oi l p r i c e s w o u l d te n d to t e m p e r n a t u r a l gas p r i c e i n c r e a s e s b y o f f e r i n g a p r i c e - c o m p e t i t i v e a l t e r n a t i v e to gas a n d t h e r e b y h o l d d o w n the d e m a n d for gas. It is i m p o r t a n t to r e a l i z e t h a t e v e n if e c o n o m i c r e c o v e r y s u b s t a n t i a l l y i n c r e a s e s gas demand, a n d gas p r i c e s rise, this s i t u a t i o n w o u l d a l s o o c c u r u n d e r the c o n t i n u a t i o n of the NGPA. A n y r e i m p o s i t i o n of c o n t r o l s in this s i t u a t i o n w o u l d c a u s e s e v e r e shortages. Implications of Continued Controls U n d e r c u r r e n t law, i.e., NGPA, I t h i n k we c a n e x p e c t n a t u r a l gas p r i c e i n c r e a s e s un t i l a n d p r o b a b l y e v e n a f t e r p a r t i a l d e r e g u l a t i o n takes p l a c e in 1985. T he p r i c e i n c r e a s e s s h o u l d not be d r a m a t i c so long as oil p r i c e s do n ot e s c a l a t e sharply. Underly ing t h e s e gas p r i c e i n c r e a s e s are c e r t a i n p r o v i s i o n s in e x i s t i n g c o ntracts, i . e . t e s c a l a t o r clauses, th a t c a u s e the p r i c e c e i l i n g s u n d e r the N G P A to act as floors t h a t rise w i t h the rat e of inflation. A f t e r 1985 a n d p a r t i a l d e r e g u l a t i o n un d e r NGPA, o ne w o u l d e xpe c t gas p r i c e s to c o n t i n u e r i s i n g a l t h o u g h not v e r y rapidly. P i p e l i n e s w o u l d c o n t i n u e to p a y h i g h p r i c e s for d e c o n t r o l l e d gas b u t the y w o u l d h a v e c o n t i n u i n g s u p p l i e s of o l d gas, w h i c h w o u l d r e m a i n r e g u l a t e d a n d cheap, t h a t t h e y c o u l d roll in w i t h this h i g h e r p r i c e d gas so t h a t a v e r a g e gas p r i c e s r e m a i n c o m p e t i t i v e w i t h o il prices. Thi s means, in effect, that N G P A p r i c e c o n t r o l s 220 on o l d gas a f t e r 1985 w o u l d c o n t i n u e to s u b s i d i z e the u n e c o n o m i c p u r c h a s e of m o r e e x p e n s i v e d e c o n t r o l l e d gas as is n o w a n d h a s b e e n the c a s e s i n c e the e n a c t m e n t of NGPA. As s u p p l i e s of o l d gas a r e exhaus t e d , h o w e v e r , t h e r e w o u l d b e less of a c u s h i o n to o f f set this h i g h e r p r i c e gas. Windfall Profits Tax A t a ti m e of l a r g e b u d g e t d e f i c i t s the i m p o s i t i o n o f a w i n d fall p r o f i t t ax ( W P T ) o n d e c o n t r o l l e d n a t u r a l gas w i l l b e tempting. E v e n t h o u g h T r e a s u r y s u p p o r t s a s m a l l e r b u d g e t d e ficit, w e c a n n o t s u p p o r t a W P T o n d e c o n t r o l l e d n a t u r a l gas. A WPT r ests o n t h e n o t i o n that, o n c e a w e l l is d r i lled, all costs h a v e b e e n sunk, a n d the p r o d u c t i o n ra t e a nd p r o d u c t i o n l ife of t he w e l l a r e fixed. T h erefore, a c c o r d i n g t o this notion, a n y i n c r e a s e in p r i c e for the gas b e i n g p r o d u c e d f r o m an e x i s t i n g w e l l is p u r e s u r p l u s or w i n d f a l l a n d c a n be t a x e d w i t h o u t n e g a t i v e supply implications. This, h o w ever, is n ot e n t i r e l y accurate. First, w h i l e t h e r e m a y b e some w i n d f a l l p r o f i t s i n volved, it is i m p o s s i b l e to d e t e r m i n e the p r e c i s e a m o u n t of t h e s e p r o f i t s . Thus, a W P T w o u l d p r o b a b l y take m o r e tha n t he w i n d f a l l gain, thus providing a supply disincentive. A t the o t h e r extreme, a W P T p r o b a b l y w o u l d not t a k e in t o a c c o u n t " w i n d f a l l losses" i n c u r r e d b y s o m e p r o d u c e r s — in some cases, the v e r y same firms e a r n i n g w i n d f a l l pr o f i t s . As p r o d u c t i o n c o n t i n u e s from a gas w e l l o v e r an e x t e n d e d p e r i o d of time, m a n y t h i n g s c an h a p p e n to a w e l l w h i c h m a y c a u s e it e i t h e r to r e d u c e or e v e n c e a s e its p r o d u c t i o n o f n a t u r a l g a s . W a t e r or sa n d i n t r u s i o n a re examples, as a re c h a n g i n g r e s e r v o i r pressures. N e v e r t h e l e s s , t h e r e a r e a n u m b e r of a c t i o n s w h i c h c a n b e t a k e n to i n c r e a s e r e c o v e r a b l e reserves. T h e s e actions, of course, r e q u i r e f u r t h e r c a p i t a l expen d i t u r e s , If t h e p r i c e of gas is s u b j e c t to a W P T t he i n c e n t i v e to i n c r e a s e p r o d u c t i o n fr o m d e c o n t r o l is lessened. In addition, if a n a t u r a l gas W P T w e r e to take a f o r m s i m i l a r to the oil W P T in w h i c h e v e n n e w s u p p l i e s o f gas on the m a r k e t w o u l d be s u b j e c t to a d d i t i o n a l tax, t h e d i s i n c e n t i v e s u p p l y e f f e c t s w o u l d be e v e n m o r e apparent. It foll o w s t h a t the W P T w o u l d low e r gas s u p p l i e s a l o n g s e v e r a l d i f f e r e n t p r o d u c t i o n ma r g i n s , i m p l y i n g h i g h e r e n e r g y i m p o r t s a n d h i g h e r gas p r i c e s for consumers. T he b e n e f i t s of d e c o n t r o l o n s u p p l y w o u l d b e g r e a t l y m i t i gated. A n o t h e r r e a s o n for not s u p p o r t i n g a W P T is t h a t the r e v e n u e s m a y n ot b e s i g n i f i c a n t e n o u g h und e r c u r r e n t l y a c c e p t e d oil p r i c e a s s u m p t i o n s to j u stify the e x p e n s e n e e d e d to a d m i n i s t e r t he tax. Fo r example, a d m i n i s t e r i n g the t ax w o u l d b e c o m p l i c a t e d b y the 221 large n u m b e r of c o n t r a c t s b e t w e e n gas p r o d ucers, p r o c e s s o r s and buyers. F u r t h e r r e g u l a t i o n s w o u l d b e n e e d e d to define, i d e n t i f y and c o l l e c t the r e v e n u e o b l i g a t i o n s . This, too, w o u l d b e c o u n t e r to an. i m p o r t a n t o b j e c t i v e of d e control, i.e., r e d u c i n g g o v e r n m e n t r e g u l a t i o n a nd m a r k e t i n t e r v ention. Effect on Financial Institutions Finally, I w o u l d like to c o m m e n t o n the ef f e c t of gas d e r e g u l a t i o n on f i n a n c i a l ins t i t u t i o n s . T h e n a t u r a l gas d e c o n t r o l b i l l s h o u l d h a v e little, if any, e f f e c t u p o n the b a n k i n g sector, The o n l y c o m m e n t w e h a v e h e a r d fro m the b a n k i n g c o m m u n i t y c o n cerns the b i l l ' s o v e r r i d e of e x i s t e n t c o n t r a c t p r o v i s i o n s , such as the m a x i m u m le v e l o n t a k e - o r - p a y perc e n t a g e s . C o m p a n i e s that s p e c i a l i z e in p r o d u c i n g d e e p a nd o t h e r c a t e g o r i e s of h i g h - p r i c e d gas m a y e x p e r i e n c e d e c l i n i n g gas r e v e n u e s d ue to d e control. As a c o n s e q u e n c e , such p r o d u c e r s c o u l d h a v e t r o u b l e s e r v i c i n g t h e i r loans. However, t h o s e i n c i d e n t s w o u l d c a u s e s i g n i f i c a n t p r o b l e m s for i n d i v i d u a l b a n k s o n l y if such b a n k s h a d c o n c e n t r a t i o n s of loans to t h o s e s p e c i a l i z e d gas p r o d u c e r s in the i r p o r t f o l i o s . We a n t i c i p a t e t h a t if such cases exist, t h e y w i l l be rare. We note, too, t h a t the e x p e c t e d d e t e r i o r a t i o n o f i n c o m e of such p r o d u c e r s is a l r e a d y occu r r i n g . P i p e l i n e s h a v e s t o p p e d c o n t r a c t i n g for n ew suppl i e s a t h i g h p rices, h a v e n e g o t i a t e d d o w n and w a l k e d a w a y f rom h i g h - p r i c e d c o ntracts, a nd h a v e e v e n r e d u c e d t a k e - o r - p a y p u r c h a s e s a c r o s s the b o a r d on all contracts. Mr. C h a i rman, this c o n c l u d e s m y p r e p a r e d statement, I would be h a p p y to a n s w e r a n y q u e s t i o n s t h a t y o u or the C o m m i t t e e m a y have. 21-496 0 83 15 222 Senator J e p s e n . Just semantics, but for clarification, did you con sider the so-called windfall profits tax on oil an accurate description of what the tax really was? Mr. J ohnson . N o. I think that it was clearly an excise tax. Senator J epsen . I think so, too. But a lot of people were led to be lieve it was a windfall profits tax. The profit had nothing to do with it. Mr, J oh nson . That’s correct. It was a variable excise, and it did not relate well to taxes on windfalls. Senator J epsen . We’re here to talk about how do we bring about a market price related to supply and demand for natural gas. Natural gas markets are skewed, distorted, and way out of whack right now. Mr. J o hnson . Right. Senator J epsen. D o you think that the price of natural gas would rise or fall in the long run under the administration’s plan ? Mr. J o h nson . Well, as I stated in my prepared statement, under the administration’s proposal, we think that it’s most likely that the price of natural gas would fall rather than rise. There are several reasons why we believe this, but certainly, current market conditions indicate that there’s an excess supply of natural gas in the market. New con tracts are being negotiated at prices below the controlled price. Pipelines are trying to renegotiate existing contracts and, in some cases, have walked away from existing contracts, which would indicate that competitive conditions are such that there is an excess supply in the marketplace, not an excess demand. This would simply demonstrate that the market clearing price is below the currently contracted prices and the controlled price and, therefore, there would be every reason to suspect, that under a de control situation, prices would fall to the market clearing level. We’re not certain about the situation in the long run. It’s always possible that prices could rise again because of a Mideast disruption, some sort of a cutoff of oil supplies to the United States. But if that were to actually occur, we would be much better off under a decontrol environment than a control environment because we would be produc tion incentives for natural gas which would increase the availability of natural gas and provide a ready substitute for crude oil. So I think that either way, whether prices rise in the long run or whether they fall, we’re better off under a decontrol environment. Representative L ungren . Mr. Johnson, I ’d like to ask a question with respect to—a general energy question. There are some who have been in to see me, constituents and so forth, who are very concerned that if we go to decontrol there will be no upper limit on what the price is going to be, and suggest that somehow, there’s no competition in the natural gas market. Could you comment on that? My thought is that our experience with petroleum, both before we decontrolled and thereafter, suggests that within our economy there is a tremendous amount of potential substitution. Likewise, if natural gas is ultimately decontrolled, there would be competition among alternative or substitute sources of energy and that natural gas producers would have to compete with producers of other forms of energy. Mr. J ohnson . Well, I think it is quite true that the energy industry is a highly competitive industry. There are large numbers of producers 223 of both natural gas, crude oil, and obviously, there are thousands, millions of consumers. Certainly, it would be very difficult for any producer to try and set price, in some monopoly fashion, above what the market clearing price would be, simply because of the competitive nature of the market. Such a producer would be undercut by other competing producers and, therefore, forced to reduce the price back to the market clearing level. I think it’s very clear that we have that kind of arrangement in the energy market. This has certainly been the case with crude oil and all the other close substitutes. So I would think that without artificial regulations that might insulate markets from each other, that we would certainly have some thing resembling market conditions. In terms of natural gas in particular, there are some technical differ ences between natural gas markets and crude oil. Natural gas is not easily traded in the spot market. The pipelines that transport the gas have very high fixed costs and they have to cover these costs by insur ing constant availability of supply. In order to insure supply, the pipelines are willing to negotiate long term contracts, much longer than the crude oil market. And therefore, it’s quite possible that you could have specific contract prices that might lie above the current market price for natural gas for at least the duration of that contract. Under the market environment for natural gas, it would be highly unlikely that general contract prices, once those contracts were renegotiated or new contracts were negoti ated, would stay above the market clearing price. There are more rigidities in the natural gas market, but it’s still a competitive market and it certainly works over any reasonable period of time toward keeping prices in line with supply and demand condi tions. I think it would be unreasonable to assume that the price of natural gas could be maintained well above the market clearing level unless there was some sort of artifically controlled mechanism that did so. Senator J epsen . For the record, let’s explore this comparison that’s often used between natural gas and the oil markets with respect to decontrol. I ’ll make some statements that I think are true and please verify them. First, there are about 100 pipelines. Generally, most communities are served by a single natural gas pipeline. About 25 of the 100 U.S. pipelines probably conduct the lion’s share of the business. And in the gas distribution business, we have hundreds of thousands of gas stations. For now, let’s just have the record show those—I don’t want to debate the difference, but there is a difference. Mr. J ohnson . That’s correct, yes, sir. Representative L ungren . Under present law, which mandates con trols, isn’t it true that because of the substitution availability, we’ve had the phenomenon of a significant number of industrial users switch ing from natural gas to alternative sources, which then has the effect of distributing the cost, which, as you’ve indicated is sometimes above the market clearing level, on the residential users. If we were unregu lated and you didn’t have that incentive for the industrial user to go outside that market, you would not have the increased costs being borne primarily by the residential user. 224 Mr. J oh n son . I think that’s accurate. The fact is that the higher cost natural gas has caused substitution back toward oil and there has also been a decline in demand resulting from the recession that we’ve just come out of. The higher price natural gas due to contract arrangements tied to the NGPA control accelerator clause has been a very important factor in depressing demand for natural gas. Therefore, regulation for natural gas has resulted in substitution toward cheaper types of energy. Industry has become very efficient in designing technology, fuel technology that allows it to shift among energy alternatives. Artificially high gas prices have caused consum ers to bear the brunt of natural gas costs because these costs have to be spread over the entire rate base. And if there are fewer industrial users, due to substitution, then these costs have to be allocated among a narrower group. And if this narrower group consists of residential consumers, then they experience increases in their rates and regula tion is partly a result. Senator J epsen . Why do you think this change took place with the industrial users ? Most of them I ’ve talked to indicate that natural gas has some attributes that are on the plus side when you come to han dling and cleanliness, and so on. Mr. J ohnson . Sure. Senator J epsen . So they sure don’t change because they don’t like it. Mr. J o h nson . I agree. I think that there are a lot of industrial users that might prefer natural gas as an energy source. But I think the major problem is the perverse incentives that have come out of the Natural Gas Policy Act, where you have had decontrol of new gas and the actual controls remaining on old gas which has already been dis covered and is in reserve. Under take-or-pay clauses, the pipelines have to pay for the natural gas, whether it’s low cost or high cost, whether they take it or not. And because the regulation on natural gas pipelines requires that you can only pass on the cost of the gas that you actually take, pipelines have a strong incentive to actually take the high cost gas, leaving the low cost gas in place. Pipelines are able to pass the higher costs on to consumers and thus, increase the cost of natural gas, simply because they would rather pass on the cost of this high priced gas if they have to pay for both, which they have to do under take-or-pay contract. And this creates a problem. As long as you have low cost gas or old gas consistently regulated at lower prices than new gas, then there’s always an incentive to develop and purchase new higher priced gas and even bid up the price of that gas well above the market clearing rate because you can roll in that high price gas with the lower priced gas that you may have purchased and have the average price still stay close to the market price. So there are really perverse incentives under the very complicated arrangement of controls and I think that this has a lot to do with why industrial users have been forced by high priced natural gas to sub stitute for other types of energy fuels. Senator J epsen . Is it true to say that today we find nrnny pipelines locked into long-term commitments to purchase expensive gas they can’t sell ? Is that an accurate statement ? Mr. J oh nson . That’s correct. 225 Senator Jepsen. H o w will the administration’s proposal remedy that? Mr. J o h n son . The administration proposal would, beginning in 1985, allow the decontrol of all new contract arrangements, and the actual decontrol of all current contract arrangements, if they’re re negotiated voluntarily before 1985. There would be an allowance pe riod for the voluntary renegotiation of all existing contracts, which, would most likely be at the market clearing level. We anticipate that market clearing prices will be below the current contractual level. I f pipelines and producers do not choose to renegotiate contracts voluntarily, rather than have the price of natural gas rise at the rate tied to the NGPA escalator clauses, there would be a cap placed on the prices of the natural gas under continued contractual arrange ments that would require that the price not be allowed to rise faster than some weighted average of the prices agreed to in new and re negotiated contracts. After 1985, there would be an allowance—if contracts were not voluntarily renegotiated, which we expect they probably will be, be cause that’s already happening even without our proposed legisla tion—for either party of a contract to walk away from that contract. The proposal gets technical at this point, because the pipeline would be required, if it walked away from, or if either party walked away from a contract to transport that natural gas to a user, or to some dis tributor, on behalf of the original producer, simply because of the way pipeline contracts work. Usually, producers negotiate with a single pipeline. They don’t have other alternative sources to transport their gas. So there would be some requirement that the pipeline actually transport the gas, even though the contract has been broken. The administration proposal would provide some financial incentive for the pipeline to actually transport that natural gas. Representative L ungren . Mr. Johnson, if you talk to the average person on the street, and you ask them the question, are you for energy independence for the United States, and they’d say, absolutely. And then you suggest to them that that might cost them a little bit more, and they’d say, well, let me think about it again. When we were debating the whole issue of deregulating petroleum, many of us who argued on behalf of it suggested that that would help us in our effort toward energy independence and if there were one thing that we could do to break the back of OPEC, it would be to de control petroleum. I happen to think that that is one of the reasons that we had some influence on that situation in the overall price. But it’s awfully tough to argue in economic terms to your constitu ents, to the consumer out there. You’ve done a fine job of showing that you’re an economist and showing how complicated this is. But how do you answer the question of someone who says to you, look, I have to rely on natural gas to heat my home. Prices have been going up. Sure, inflation’s down, but I ’m worried about this down the line. And now you folks in Washington, right at the time that I see some light at the end of the tunnel, are saying to me, hey, the best thing for you now is to decontrol natural gas. And I ’m a consumer and all that. All I know about decontrol is that means the Federal Government isn’t going to protect me against higher prices. 226 Any answer to that ? Mr. J ohnson . First of all, I think that, the Federal Government has done a fairly poor job of protecting them against higher natural gas prices, if that was the purpose. .In fact, the result of the NGPA under current market conditions has been to actually keep the price up above what the market would allow. So I think that, clearly, decontrol would be to the benefit of every one, consumers and producers. Second, I think that even if the price were to rise because of declines in supplies due to some sort of disruption, or just simply an increase in demand, one thing that’s guaranteed by market-determined price levels is the permanent availability of natural gas for those people who want it. Representative L u ngren . Can I just butt in there ? Mr. J ohnson . Yes. Representative L un gren . You talk about the prices could g o up if we have some problem in the Middle East, if there’s some interdiction of oil supplies here. Isn’t it a fact that, to the extent that we could have any impact, a more plentiful supply of natural gas, of which we have a much more available supply than petroleum in relative terms, would basically be the best cushion we’d have. Mr. J ohnson . Well, absolutely. Even under periods of rising prices, the increase in the market equilibrium price would certainly provide additional incentives for producers to explore and develop new sources of natural gas and, therefore, make more available domestically. This would continue to alleviate our dependence on foreign sources of energy. Representative L u n g r e n . Let me just ask one last thing, then. The chairman has pointed out that there are differences, obviously, in get ting the product of natural gas to the consumer, the ultimate con sumer, as opposed to petroleum products. But you’ve indicated that in the proposal for the administration, with respect to that question, you have made some requirement for the pipeline owner to have a continu ing or additional obligation to make available that pipeline to a pro ducer in the event that the pipeline owner walks away from that con tract ; is that correct? Mr. J oh nson . That’s correct. Representative L ungren . And that’s an accommodation to the fact that there is a difference in terms of the distribution network ? Mr. J ohnson . Yes, because of the method of distribution, pipelines would, if, in fact, they have capacity available, be required to transport natural gas for the producer. The pipeline would actually receive a fee that would cover their costs, plus, I think, an additional 5 cents per thousand cubic feet for transporting the natural gas. Representative L ungren . Thank you. Senator J epsen . Thank you, Mr. Johnson. I have been advised that you are also to testify before the Banking Committee this morning. You’re a man on the move and in demand. We may come back again at a later hearing and ask you to return. I thank you for your testi mony today. 227 Do you have any closing statement or anything that you would like to add? Mr. J ohnson . No, I think that does it. Senator J epsen . Thank you. Mr. J ohnson . Thank you very much, Mr. Chairman. Senator J epsen . Thank you. Now Mr. MacAvoy of Yale University, Joshua Twilley of the National Association of Regulatory Utility Commissioners, and Mark Cooper, Consumer Energy Council of America, if you would come forward, we will receive your testimony. I also advise, Mr. MacAvoy, that we will hear the statements of all three and then we will ask that any questions for you be given to me, because I have been apprised of the fact that you do have a meeting at the White House at 12 noon. And we certainly don’t want you to be late for that. I would respectfully suggest that we might limit your remarks, your opening remarks, to 10 minutes, if you can, or less. I would also, for the record, advise you that your prepared statements will be entered in the record. So you may proceed in any manner that you wish. We’ll start with Mr. MacAvoy—do I pronounce that correctly, MacAvoy ? Mr. MacAvoy. Yes, thank you, sir. Senator J epsen . You may proceed. STATEMENT OF PAUL W. MacAVOY, FREDERICK WILLIAM BEINECKE PROFESSOR OF ECONOMICS, YALE UNIVERSITY Mr. MacAvoy. Thank you very much, Senator. I certainly agree that there’s no reason for me to reread my statement. I would, in substitute for that, take very few minutes to make five remarks con cerning the current situation and then attempt to undertake some projections on the future situation based on a small-scale economic model of the natural gas industry that I have been working on at Yale with my graduate students and associates in recent months. The five initial remarks of a sentence each can be divided between three remarks on the current regulatory condition and two remarks on the supply-demand condition. With respect to the regulatory conditions, first of all, it’s difficult for a professor to understand the present condition of astonishment in the House and Senate with natural gas prices rising out of keeping with supply and demand conditions, because in the universities we spend considerable time describing exactly those conditions with re spect to a number of the regulated industries. One can determine at the present time that basic exchange charges for the use of telephone service in this country are doubling without regard to demand or sup ply conditions, that electricity charges in recent years have been sub ject to the so-called ratchet, which are really the recovery of earlier year cost increases without regard to the recessionary conditions the economy has been in since 1980. With respect to airline services, before substantial deregulation oc curred there, it was called the classic ratchet, that there was a tendency under regulation for rates to increase as capacity utilization. In that case, passenger fares to increase as capacity utilization declined. 228 So this is not at all unusual and I believe is part of a classic pattern of regulatory response under conditions of a soft economy. Second, I wish specifically to state that the take-or-pay and favorednations clause aspects of the contracts with which you gentlemen are so concerned today are a product of the regulatory process. One does not find contracts calling for take or pay at the 90 to 95 percent level in the unregulated market conditions that existed before the passage of the NGPA in intrastate contracts, nor is it possible theoretically to conceive an argument for those in the absence of regulation. But when regulation establishes vintage conditions of pricing by which some prices are lower than other prices, and the new contract prices have the highest level in the vintage, then the sellers under the new contract have to have take or pay in order not to be withheld or stopped. Because of the vintaging of the price, we have the take-or-pay and favored-nations clauses. And if we had not vintaged prices in the 1978 NGPA, we would not have this current condition of prices rising without regard to market conditions because of the take or pay. The NGPA has a number of misfiring missiles as part of the basic structure of that act. Incremental pricing is unfounded. It has had a tendency to create ratchets with respect to consumer prices. The index ing of 102, 103 section field supply prices on oil price increases was, as you have already stated, totally unfounded as a set of forecast conditions. The allocation of markets for industrial consumption of energy un der the FUA, the Fuel Use Act, and the PURPA, has had a tendency to cause the development of a lag structure putting over excessive price increases on consumers. The only way that one can, within the university context, describe these conditions is essentially that in the Carter administration, and I wish not to go back and dwell on their sins, that there was a certain arrogance of ability to handle a highly complex market through a piece of statute legislation that was supposed to last for a decade that one does not now see. And I wish that we would move forward within the context of a bit more humility with respect to how these compli cated markets work to make changes in the future. In present time, demand for natural gas is building ominously. I f one goes through the contract commitments of the major pipelines to retail utility delivery companies and to industry. I think you get the notion that in this period of soft demand, a great deal of field activity is being undertaken by the wholesalers and retailers to build markets, to build markets without regard to future market conditions of supply availability. My meager records in New Haven indicate there’s been a tendency to add about 3 to 4 percent additional consumers to the stock of demanders facing the pipelines each year since 1978. This has not been manifest in growth of demand of 4 plus, 5, 6 or 7 percent because of the impact, the negative impact, of the highly depressed conditions in the manufacturing sector, principally in the Midwest part of the country, since the beginning of the recession in 1980. The demanders are there. They are not purchasing in keeping with full employment conditions of utilization of energy. When we return 229 to full employment, if ever, then we will have a situation where not only the existing deman ders, but future commitments to new demanders will cause the rate of growth for demand for natural gas to rise more rapidly than in keeping with the recovery under the business cycle. At the same time, regardless of thousands, if not millions, of words of rhetoric with respect to incentives for increasing supply that were supposed to come out of the Natural Gas Policy Act, or out of changes in the Federal Power Commission area rates before the act, supply as a production condition has been diminishing over time. The expro priation of the unregulated intrastate gas creating the so-called gas bubble of 2 to 3 trillion cubic feet, made available after the NGPA to the interstate users, has essentially been completed. I f one looks at reserve, accumulation experience, our reserves are still declining in this country. Productive capacity has to decline with a decline of recoverability from existing reservoirs. So that, essentially, demand is building and supply is diminishing at the present time. What does this say about the future? You’ll see in my testimony some attempts to divine that from a very small scale econometric model of the economy, which essentially can be summarized as fol lows. With respect to the reserve availability condition, if prices were to stay at present levels, which is the baseline forecast, then reserve availability will be sufficiently reduced to reduce production capacity by almost 2 percent per year, 1984,1985, 1986,1987. With respect to the demand conditions, the primary determinant of demand change according to this model over the next 5 years is going to be the sensitivity of response of demand to rising gross national prod uct and per capita incomes. I essentially produced a measure of the sensitivity in the range of 50 percent, so that for any 1-percent increase in GNP, you’ve got a half-percent increase in the demand for gas in the residential, industrial, electric utility, and transportation sectors. That is a gross sensitivity measure across different measures that are given in footnote 5 of my prepared statement. Price elasticity is much lower than income elasticity and the combi nation of the two lead me to believe that if we were to believe the admin istration’s forecasts on recoverability, we should experience an increase in demand from the existing stock of consumers of between 3 and 5 per cent per annum each year in the next 5 years. That’s essentially about three-fourths to a trillion, a full trillion cubic feet in each year of that period. At the same time, because of this growth in the customer stock that I mentioned earlier, I believe we should get another 2-percent increase in demand for those reasons as well. That says a couple percentage points’ decline in supply each year and 5-plus percentage points’ in crease of demand. If we were to continue the NGPA in place* over the next 5 years, according to this model projection, at least, with moderate GNP growth and no real price increase in crude oil, we won’t get very much price increase next year. In real terms, at the wholesale level, it will be some thing of the range of 1 to 1y 2 percent. I f you add 4 or 5 percent of infla tion recovery and you realize that this is at the wholesale level and does 230 not take account of the cost of retail delivery, which may be one-third or one-half of the total, then we’re talking about a minus 5-percent increase according to the NGPA. But over a 3-year period, that should be about a 34-percent increase. And over a 5-year period, about a 92percent real increase. Those are, again, with moderate oil price changes, zero oil price changes in effect, and the baseline Feldstein, more or less pessimistic GNP growth forecast. I don’t believe that Feldstein is going to make it and that the low GNP growth forecast, in keeping with the massive budget deficit now being built by Congress, is going to result in price increases that are much less than that because the demand for gas will grow much more slowly than under recovery of the economy. That demand growth, however, is sufficient in this projection to bring the real price of gas in 5 years up by about 55 percent of the present or 1983-dollar level. There I ’m talking about an increase on a base of about $2.70 an mcf of another $1.35. If, however, we were to deregulate gas, and that is not to pass the administration’s bill, because I do not believe that that is a deregula tion bill, but rather, we were to eliminate take-or-pay clauses and favored-nations contracts, and put 102 gas on the same basis as 104 gas, as 107 gas, within the near future, which would be toward the end of the fourth quarter of this year, I would predict that we would get again some slight price increase the first year. In the second year, however—I ’m sorry—in the first 3 years, however, according to my table 2, rather than a one-third price increase in keeping with the NGPA, you’d get only a 20-percent price increase. And, again, with the Feldstein projections, rather than a 93-percent price increase in 5 years, you’d get the 82-percent increase. Given my projection of the terrible state of this economy, because of the fiscal deficit and the tight money policies of the Federal Reserve, I would expect that we would have essentially no price increase under deregulation in the first 3 years. That contrasts strongly with the con tinuation of the ratchet under the NGPA, but over a 5-year period, because of the systematic decline of supply of 1 or 2 percent a year, even with deregulation, you’re going to get a 40-percent price increase rather than a 50- to 55-percent price increase under the low GNP forecast. I can only add a couple points with respect to the administration’s bill as a third scenario. First, I don’t understand the bill because it has many more complications than the NGPA and is in the tradition of the Carter administration’s proposals that when faced with political resistance to deregulation, you lay down a smokescreen of incredibly difficult, complex clauses in the legislation which is supposed to buy off some small special interest group, in return for which you get the bill passed, but in return for which you have no idea where it’s all going to come out. In this case, there are provisions to lock in prices in the form of the price cap, which I would take to be a reverse of the NGPA and more regulation. On the other hand, they claim that there might be some deregulation resulting from renegotiation of existing contracts. 231 I can’t conceive that 107 contracts will be renegotiated, since under take or pay, at a price of $7 an mcf, they’re receiving prices that are much higher than the market clearing levels. I can’t conceive there will be substantial renegotiation of any contract in the 102 or 103 category above the present average price level because the present average price level is too high. So renegotiation would take those prices down as well. So I don’t see what the gains are from renegotiation. I see that there will be substantial caps created by using any average price to ratchet old contract prices. With respect to the incremental pricing provision being eliminated under the PURPA and FUA, I would expect that that would result in additional gas demands. So by controlling price, adding to demand, you might work out a part of the ratchet because you might get all the take-or-pay clauses under 90 percent operating and go back to consuming a little bit more of the old gas. But with the market conditions being already those of very rapid increases of demand, as the economy partially recovers, and reductions in supply, as reserves run out, this kind of control can only produce a price explosion in 1985, when most of the requirements come off. I think this is postponing the issue. It’s complicating the issue. It has some of the arrogance associated with the Carter administration’s approach in the NGPA of thinking that you can manipulate specific contracts in a highly predesigned way against a complicated market and make the system succeed. And consequently, I am confused by the administration’s position. With all those kind remarks, I ’m willing to turn it over to Mr. Cooper, who is known to be even more inclusive on these issues than I. [The prepared statement of Mr. MacAvoy follows:] 232 P repared S tatem en t o r P a v i . W My name is Paul W. MacAvoy, M ac A voy and I am Frederick William Beinecke Professor of Economics at Yale University. In recent years I have carried out extensive research on the regulated sector of the economy, particularly with respect to the oil and natural gas industries. While serving as a member of President Ford's Council of Economic Advisors, I was co-chairman of the President's Task Force on Regulatory Reform, which considered issues of natural gas deregulation. Earlier as a faculty member at the Massachusetts Institute of Technology, I built the first large scale model of the natural gas industry with National Science Foundation auspices. My statement centers on the failures of the Natural Gas Policy Act and the need to deregulate natural gas sales at the wellhead. Regulation, which kept prices too low and thus caused severe shortages in the late 1970's, is now causing substantial price increases without regard to the current natural gas surplus. When Congress passed the NGPA, it was to provide disincentives for the reworking of old wells to generate additional supplies of cheap gas but strong incentives to produce and sell gas from the most expensive deep wells and tight sand sources. In 1981 new contracts were signed for as much as $10.00 per Mcf, twice the cost of energy equivalent supplies of oil, Because of this price structure, the NGPA created severe disparities in charges to consumers across regions of the country. consisting of the inexpensive old gas, significantly among the pipelines, The natural gas "cushion," has varied in availability so that the average or "rolled-in" cost of natural gas at the wellhead varied between the regions serviced by different pipeline transmission companies. 233 Even so, the most dramatic impact of the NGPA has been caused by the "take or pay" clauses in supply contracts. Pipeline contracts have included clauses that have prevented them from eliminating high cost sources from their supplies of natural gas as demand has declined over time. The combination of "take or pay" or "minimum monthly bill" clauses, and the rules for passing through natural gas acquisition costs force pipelines to take expensive gas in order that they may pass the costs on to their customers. Pipelines have found it cheaper to shut in cheap gas supplies than to eliminate high cost supplies. The distortions existing in the natural gas market today can be credited to "phased deregulation" under the NGPA. In fact, the NGPA is a more complex version of regulation than any that preceded it. In order to evaluate its effects on the gas industry I have developed a computer model to forecast conditions in gas markets under varying policy and economic assumptions. In this model the supply of natural gas is divided into eight different pricing categories as defined by the NGPA. Production, reserve additions, developmental and exploratory drilling are measured for each category. The average price of natural gas is the weighted average of the price ceilings for each category.1 The price of deregulated natural gas adjusts to equilibrate supply and demand. Supply for each category is an exponential function of the amount of reserves, the rate of production to reserves and the production associated with new drilling. This supply function reflects the gradual i m p o r t e d natural gas, offshore gas, and Alaskan Prudhoe Bay natural gas are treated separately in addition to the eight NGPA natural gas categories. 234 decline in the rate of production from a fixed stock of reserves. In turn, total reserves are the sum of the previous level of the stock and of new discoveries less the previous level of production. additions from new discoveries exploratory drilling. are proportional This proportion, to the Reserve level of the amount of natural gas discovered per foot of exploratory drilling, declines over time as cumulative drilling increases.^ exp(-St-1/Rt-1)] Reserves R are as follows: a) Rt - V i + NRt b) new discoveries NR^ c) with drilling DR such that t-1 (Ft )(DRt ) ^ pt ¿p »t + = eT DRt and NS^ P LDC G DC, *1 DR, t-1 = average wellhead price in year t DC « average drilling costs per foot in year t d) find rate where *= ¿1 + S2 exp(- DRt > DR^ is cumulative drilling since 1970. Supply Equation Parameters: €p - Gas Price Elasticity - Cost Elasticity - Lagged Drilling Coefficient Developmental Drilling New Field Exploratory Drilling Other Exploratory Drilling ,38 -.001 .41 .10 -.002 ,71 ,18' -.026 .61 New Gas Old Gas (103-104) Deep Gas (107) 0 ft % 600 50.38E-6 .53 17180 (102) 30.0 684.0 0.25E-4 ,77 7121 ,77 5067 235 There are other sources of additions to reserves besides those from drilling more wells. Most of these are extension and revisions, and in distinction from discovering sources of reserves additions, they remain a constant percentage of new discoveries. Development drilling adds to production without generating new reserves. Production from new successful development wells is added to production from old wells to give total production. But production from new wells also increases the production to reserve ratio and consequently increases the rate of production from a natural gas field in future years. Certain 4 trends relationships. follow from present conditions and these Assuming no increase in the price of gas, and given the 1982 stock of reserves along with the expected level of new reserve discoveries, production capacity will fall almost two percent per year in 1984 and 1985. But increases in the average price of gas expected under the NGPA in 1983 and 1984 have to be introduced into this framework. These increases reduce the rate of decline in production, but do not maintain the level of deliverability that will be needed to meet demand increases in the late 1980's. 4New well production NSt * (W^)(S’ ^/W ) where if is the number of new wells drilled that year, and S' /Vi t 2 t t average production from a new well that year. But W equals: a) where Wt = is the fW p 2 is the parameterized success rate of producing wells and P 2 is average depth per development well. 236 Thus, equally critical in determining natural gas price changes is demand growth. The magnitude of increase in demands from customers presently on distribution systems can be estimated using this model, for each major sector of the economy, industrial, transportation, residential and commercial, and electric utility. The controlling elements of-such demands are price, the price of oil, and national income levels. The level of capacity utilization replaces GNP in the industrial demand equation as the principal measure of economic activity.^ With customer growth of one percent per year, and additional use per customer based on economic recovery, total demands should grow by more than two percent per year. With annual growth rates of three to four percent in income, it follows that residential, commercial, and industrial demands for gas increase by between three and five percent in each of the next three years. ^The form of the demand equations' for each of four sectors is as follows : 4 Si- -i = st . à1 f- ♦ * 2 ‘ 1 ‘ A p0 — 2 po ♦ oC3 ' ¿ pt f-£ pt . . A St-l '2 st-i ♦ V: where I is a measure of income, is the price of free oil, and S^, P^ are as given in the supply equations. Demand equation parameters: Residential/ Commercial V Gas price elasticity Income elasticity Oil price elasticity Lagged demand coefficient -.11 .65 .05 79 Industrial -.13 .32 0 0 Electric TransporUtility tation -.11 .48 .11 .58 -.20 0 .26 .60 237 These trends in supply and demand are sensitive to price changes, economic growth, and the price of oil, but they are clearly in the direction of increasing demand and falling supply.^ confused with the present surplus condition. They are not to be An estimated one to two trillion cubic feet of natural gas production capacity is currently in surplus. Pipelines have had to cut back gas acquisitions to below "take or pay" minimum levels and entirely eliminate production from their own gas wells. This current condition will be exacerbated by the continuation of the NGPA. Price ceilings will continue to rise and pipelines will continue to take expensive gas because of contract obligations even when cheaper gas is available. Table One shows the effect on prices after one year of the status quo NGPA condition. Under moderate growth and oil price conditions, the status quo is expected to add from 1.1 to 1.4 percent to real or constant dollar gas wholesale prices. The high cost supplies expand by enough to more than match any increases in demands, so that cheap gas shut in by contract take-or-pay obligations won't return to full capacity for several years.7 Tables Two and Three There is the additional question as to whether excess demand in 1984-1985 could be effectively eliminated by additional imports of gas principally from Canada. The answer is exceptionally difficult to determine because availability and price of Canadian gas is entirely a political matter. Given a history of substantial delays it is unlikely that imports of 250 to 500 billion cubic feet per annum could be added to Canadian supplies on short notice. 7The gas model described above and used to generate the forecasts in Table One takes advantage of data and forecasting models collected and used by the Department of Energy. The most relevant sources are: Production of Onshore Lower-48. Oil and Gas Model Methodology and Data Description. DOE/EIA-0345, June 1982, Office of Oil and Gas. Natural Gas Monthly. DOE/EIA-0130. Monthly Energy Review. DOE/EIA-0035 21-496 0 83 16 238 TABLE ONE CHANGES IN PRICE AFTER ONE YEAR ASSUMING MODERATE OIL PRICE INCREASES NGPA Deregulation (percentage change) Moderate GNP Growth* 1.19 0.82 Low GNP Growth 1.35 0.98 NOTE: Under high oil price conditions and moderate GNP growth price changes would be 1.02 percent and 0.64 percent, respectively, for the NGPA and Deregulation cases. Under low oil price conditions price changes would be 1.34 percent and 1.05 percent, respectively. Because of the surplus of cheap gas high oil prices and high GNP growth will lower average prices by allowing pipelines to purchase more inexpensive gas already under contract. *Assumptions for GNP growth: High: 4-5% per year Moderate: 3-4% per year Low: 2% per year Assumptions for oil price changes: High: +5% per year Moderate: 0% per year Low: -4% per year The inflation rate assumed is eight percent per year. SOURCE: Model simulations based on parameter values shown in the footnotes. All estimates are percentage changes in real or constant dollar wholesale average national price. 239 TABLE TWO CHANGES IN PRICE AFTER THREE YEARS ASSUMING MODERATE OIL^ PRICE PROJECTIONS NGPA Deregulation (percentage change) High GNP Growth 47.24* 33.36 Moderate GNP Growth 34.12 21.50 Low GNP Growth 11.23 0.46 ♦Under the NGPA, high GNP growth and high or moderate oil price growth will result in a natural gas shortage of .2 to .5 trillion cubic feet at the end of 1984. This shortage is cleared from the market in 1985 as a consequence of the partial decontrol scheduled under the Act. NOTE: Under high oil price conditions and moderate GNP growth price changes would be 45.83 percent and 32.47 percent, respectively, for the NGPA and Deregulation cases. Under low oil price conditions price changes would be 24.23 percent and 12.91 percent, respectively. SOURCE: Model simulations based on parameter values shown in the footnotes. All estimates are percentage changes in real or constant dollar wholesale average national price. 240 TABLE THREE CHANGES IN PRICE AFTER FIVE YEARS NGPA Deregulation (percentage change) High Oil Price High GNP Moderate GNP Low GNP 129.59 103.94 78.37 120.53 95.89 67.94 116.25 92.54 65.01 107.07 82.93 54.47 106.81 83.17 54.10 96.90 73.02 43.55 Moderate Oil Price High GNP Moderate GNP Low GNP Low Oil Price High GNP Moderate GNP Low GNP SOURCE: Model simulations based on parameter values shown in the footnotes. All estimates are percentage changes in real or constant dollar wholesale average national price. 241 show the longer term effects of the NGPA, for several growth and oil price assumptions. The alternative case is one in which all natural gas prices are deregulated and allowed to go to market clearing levels. It is assumed that contract clauses such as "favoured nations" clauses do not cause prices to rise above market clearing levels, and that "take or pay" clauses do not prevent the price of high cost gas supplies from falling. This is not the same as the Reagan plan, under which only new contracts and renegotiated contracts are deregulated, so that only a small share of natural gas production will initially be at the market clearing price.8 The price increase after the first year of deregulation is from 0.5 percent to 1.0 percent, somewhat less than that expected without deregulation. Because of the gas surplus it is particularly hard to forecast this first year price increase. It is assumed that the surplus is not worked off, but new contracts are still signed for $2.72 per mcf. But if all of the surplus gas was used, the price of new gas contracts would fall below $2.72 per mcf, to a level in keeping with the marginal costs for much of the new volumes available. That level of new contract price would likely be close to $2.00 per mcf, which implies the average For a more complete description of the lagged adjustment process used in the demand and drilling equations, see Paul MacAvoy, Crude Oil Prices as Determined by OPEC and Market Fundamentals (Cambridge, Mass.: Ballinger Publishing Company, 1982), page 26. Historical levels of drilling and drilling costs were obtained from the American Gas Association publications. 8 The "price cap" imposed by the Reagan plan will prevent the upward ratcheting of prices under favoured nations clauses. This however is a second best solution. Renegotiating such contracts would be more efficient and would exert more downward pressure on price the setting a price ceiling. The "price cap only effects prices for cheap gas and does nothing to help bring down prices of deep and imported gas. 242 price decrease of 20 percent. This is the lower bound of the likely price effect of deregulation, and results from complete recontracting. In following years, as described in Tables Two and Three, deregulation consistently keeps prices below those from the NGPA. The three year, forecast under moderate conditions puts natural gas prices 13 percent lower given immediate deregulation. Under high growth conditions, the'deregulated price level is again 13 percent lower and that is achieved without the deliverability shortage in 1984 caused by the NGPA. In the five year forecast, the prices under deregulation are still lower but the relative magnitude of the difference is less severe as in the intervening years. Under moderate growth and oil price conditions NGPA prices will grow to 92.5 versus price increases of 82.9 percent under deregulation, a difference of ten percent, less than the difference after only three years. The Reagan Plan will achieve the same long run results as deregulation, but will fall short of immediate decontrol price savings in the short run. Since the Administration plan immediately deregulates only "new" and renegotiated gas, a small fraction of the total supply, it is unlikely that competitive pressures will bring gas prices down as rapidly as decontrol. Some old gas’will remain at low NGPA price ceilings until 1985 or 1986, but the "price cap" set by the Reagan Plan will be higher than the equivalent deregulated price level. 9 The Administration Plan would achieve the same price gains and efficiency improvements as complete deregulation, after four or five years when all gas is decontrolled. 9 The price cap is the average of the deregulated prices, however with less deregulated gas there is less price competition to provide lower pricesf. 243 Senator J epsen . Mr. Twilley, going from right to left, you’re next. You’re in the middle. STATEMENT OP JOSHUA M. TWILLEY, MEMBER, NATIONAL ASSO CIATION OP REGULATORY UTILITY COMMISSIONERS Mr. T w il l e y . Thank you, Mr. Chairman and thank you for the opportunity to appear here. It’s my first experience before a congres sional committee and it’s quite exciting for me. I oome here today as a footsoldier in the front line of regulation. I am a commissioner. I am a commissioner from a State which does not have any gas wells. We have distribution companies. I speak on behalf of the National Association of Regulatory Utility Commission ers, of which I am a member. I was also chairman of the committee that drafted the bill which is now S. 823. Senator J epsen . For the record, what State are you fro m ? Mr. T w il le y . Delaware, the first State in the Union. Senator J epsen . Good. Mr. T w il l e y , Last November, the National Association of Regula tory Utility Commissioners became very alarmed, as they had been for some time, in regard to what was happening under the Natural Gas Policy Act, And it seemed appropriate that as a group, we should try to offer some assistance to Congress in finding solutions. And it was at that time that a staff subcommittee of NARUC, composed of State commission staff personnel throughout the United States in most States, from California to New York, I might add, met to begin work on a proposal. There were a number of meetings, not only with the staff subcommittees, but also with commissioners representing all sections of the country. And it eventually resulted in this bill. It is a consensus bill. Many of us individually would have preferred a stronger bill, perhaps, or a weaker bill. But regulatory commissioners are very practical people. We are the ones—and I might add, it made my heart warm to hear Congressman Lungren refer to the constitu ents and how you explain to them when they come before you op posing increases in gas rates and telling you that they can’t find afford to pay for the gas in their home—there is this problem that we must face the consumers directly and explain why the purchased gas ad justment clauses have to be raised. It is true that we commissioners also felt very frustrated and help less in this area because it was a congressional responsibility to pass laws dealing with this issue. And so that is why we entered into this and developed this kind of bill. And its based upon the premise that the Natural Gas Policy Act should not be scuttled, but rather, should be amended to make it workable. And that is because many of us recall a few years ago when we were dealing with curtailment problems, when increasing the available supply of gas was very important. I can recall, as a matter of fact, in my own State industrial companies coming before us to urge us not to let anyone else come on the system because we had about a 7-year pro jected future supply of gas and that was not even enough for them to go into the capital expenditure of putting in gas furnaces. 244 And so in that kind of climate, the Natural Gas Policy Act was enacted and it certainly did make a big change in the supply situation of gas. And I suppose that if we had continued in inflation, we prob ably wouldn’t have had the problems that we have today. But who knows ? In any event, the aspects of this bill which continue the old-gas subsidy and regulation of old gas have value in our opinion, in that it will continue to promote exploration and it will permit higher cost gas, if it’s reasonably priced, to be brought into our projected supply. It is, of course, based upon the original regulatory premise that prices should be cost based, and that the owners of that old gas are receiving an adequate return based upon their cost. So they are not being hurt by continuing the old-gas regulation. I would suspect that many Congressmen may have had the problem of explaining back home why we should permit deregulation of old gas and permit the price increases to take effect when they, the residents who were buying the gas, would, in fact, be paying for larger profits for some producers that had no cost-based justification, only marketbased justification. And I think in this whole picture, we cannot lose sight of the fact that gas is not like fuel oil. You cannot shift back and forth. It doesn’t have a lot of different uses. And one of its main uses, probably about 50 percent, is the residential user in his home-heating plants. And those people are not able to make the kinds of changes that industry can make, nor do they have the options open that other industries have. So we address in S. 823 the question of a national consensus for something that would be practical, workable, would be nationally ac ceptable, in States that have no wells, but also in States that might have other interests in this area. So the first step, of course, and I think there’s not been any disagree ment here, is the contracts problems that ought to be correct. And we felt that you shouldn’t throw the baby out with the bath, but just get some clean water in there. And if take-or-pay contracts and indefi nite escalators and these kinds of provisions were brought into con trol, then the correction would be made and things could be improved. And we also felt that FERC had been interpreting its authority under the Natural Gas Policy Act too narrowly and that the definition of abuse and fraud under the act should be improved so that the com mission would exercise more authority in this direction. Other things to make the law more acceptable, such as the require ment that these contracts all be made public, were viewed as important by State regulators. And I would like to add in regard to that, in developing the position that the national association has in this, we consulted with liberal groups, as well as conservative ones, and with the AGA, as well as the AGD, as well with the Citizens/Labor Energy Coalition people, and there were members from Kansas on our subcom mittee, and there were all walks of life. And it was our judgment that if we could come up with this kind of practical solution that addressed the contract problems, making FERC itself more active in its over sight of the pass through requests of pipeline companies, and provid ing other alternatives that would help with the local distribution com pany problems, that we would be overcoming and providing a kind of 245 correction to the Natural Gas Policy Act that would enable it to con tinue as existing law. And it does lead eventually toward total deregulation, but it moves slowly and permits Congress, from time to time, as it is now, to take another look to see if there should be corrections in this process. And I ’m impressed by an article that I happened to note recently in the New York Times by James Schlesinger, who said that, basically, the situation in this area is such that the gas distribution companies and the pipelines are not really equipped to move into total deregula tion and that we should permit a slower movement in this direction, as the Natural Gas Policy Act would contemplate, this being a more appropriate direction to take. My prepared statement goes into greater detail, but I thought I should give some independent views here. Thank you. [The prepared statement of Mr. Twilley follows:] 246 P repared St a t e m e n t of J o s h u a M. T willey Mr. Chairman and Distinguished Members of the Committee: I. Introduction Good morning. My name is Joshua M. Twilley, and I am a Commissioner of the Delaware Public Service Commission, a position I have held since 1975. I am testifying today on behalf of the National Association of Regulatory Utility C o m m issioners, commonly referred to as the NARUC. Accompanying me today are P a u l ‘ Rodgers, NARUC Administrative Director and General Counsel; Rita A. Barmann, NARUC Director of Congressional Relations; and Linda L. Kent, NARUC Assistant Director of Congressional Relations. The NARUC is a q u a s i-governmental, nonprofit organization founded in 1889. Within our membership are the governmental agencies of the fifty States, the District of Columbia, Puerto Rico and the Virgin Islands which are engaged in the regulation of utilities and carriers. Our chief objective is to serve the public interest by seeking to improve the quality and effective ness of government regulation in America. The members of the NARUC appreciate this opportunity you have afforded me today to make known their views on the economics of natural gas deregulation. As you know, all but one of the State public utility commissions,-^ or State PUCs, are charged with the responsibility for regulating retail natural gas sales to residential, commercial and industrial ratepayers. Federal natural gas pricing is of vital concern to State regulators, since the major cost components of retail gas rates--i.e., wellhead prices charged by producers and wholesale or "city-gate" rates charged by pipeline companies--are controlled only at the Federal level. T7 The State of Nebraska does not regulate electric or gas utilities, all of which are owned or regulated by public power districts and municipal governments within its borders. 247 In 1978, Congress determined that it is in the public interest to reduce Federal regulation of gas wellhead prices. We are now less than two years away from the partial deregulation date that was thus established in the Natural Gas Policy Act of 1978 (NGPA ).U We are also now engaged in an intensive national policy debate concerning the extent to which NGPA revisions are needed to ensure that natural gas prices do not exceed competitive levels. Legis lative proposals offered for this common purpose literally run the gamut: from total removal of wellhead price controls, to delay of the 1985 partial decontrol date for two- or more years, with various other remedies in between. It is clear, then, that the subject of the Committee's hear ing today could hardly be more timely, and on behalf of the State regulatory community, I would like to commend you for placing the impact of our Nation's current and future natural gas policies among your top study priorities. For our part, members of the NARUC have endeavored to reach a consensus among State regulators as to the nature of our current gas pricing problems and the most desirable means to resolve them. Last November, I was appointed by the Association's Committee on Gas, of which I serve as Vice Chairman, to head a special task force on Federal legislation addressing natural gas policy. Our task force developed draft legislation proposing a range of NGPA amendments, many of which are also included in various bills now pending in the House and Senate. Our draft legislation, the p r o posed Natural Gas Fair Marketing Act of 1983, was subsequently adopted by the NARUC's Gas Committee and the Association's policy making arm, the Executive Committee. Tj 15 U.S.C. 3301 et seq. 248 The NARUC-endorsed legislation has since been introduced in the House (H.R. 2164), and in the Senate by the distinguished Chairman of this Committee (S. 823), Though some of us individually* might advocate additional or different N G P A revisions, we think it highly significant that so many of us, with our widely varying perspectives on gas policy, have been able to agree on the need for legislation of a relatively far-reaching nature. This morning I would like to describe for the Committee the underlying problems which have led us to this consensus position regarding appropriate legislative remedies. From our perspective,, these problems can be generally characterized as follows: • First, there is inadequate Federal oversight of the gas purchasing practices of interstate pipelines companies; • Second, pipeline-producer contracting practices are largely insulating the producing segment of the gas industry from market forces; • Third, local distribution companies typically have no competitive alternative from which to purchase gas supplies; and • Finally, certain Federal policies have been established that thwart, rather than facilitate, effective State regulation of retail gas rates. II. Pipeline Unaccountability In retrospect, it seems clear to us that one of C o n g r e s s 1 major miscalculations in crafting the NGPA was its failure to specify that interstate pipelines must be held responsible for their gas purchasing decisions. Section 601 of the law requires that such p i p e l i n e s ’purchased gas costs be passed through a u t o matically to the pipeline's wholesale customers, except where there has been "fraud, abuse or similar grounds".— ^ ----- y 15'tJ.S.C."V7l31 (c). The Federal 249 Energy Regulatory Commission (FERC) has interpreted the latter exception quite n a r r o w l y , s u c h that "imprudent” pipeline p u r chases of high priced gas when lower-cost supplies are available are nevertheless granted automatic passthrough treatment The adverse impact of dubious gas purchasing decisions is not averted by such superficial regulatory review; it is merely shifted to the pipeline's customers, most of whom are the local gas utilities we regulate. Both State commissions and utilities have been active participants in recent FERC proceedings to con sider interstate pipelines' purchased gas adjustment (PGA) re quests. However, unless the statutory standard of review is broadened--by legislative action or by FERC reinterpretationeven the most insightful input in these proceedings will be of limited effectiveness. It should be noted that the groundwork for just such a re interpretation on the FERC's part has already been laid. In a December 30, 1982 decision issued by FERC Administrative Law Judge Michel Levant ,.§/ Columbia Gas Transmission Corp. was denied the right to pass through certain of’its purchased gas costs under Section 601, in part on the basis that the pipeline has engaged in an "abusive" practice of cutting back on low-cost gas supplies under take-or-pay contracts before reducing purchases of higher cost supplies. Judge Levant also found that Columbia's practices in projecting future supply requirements and acquiring gas supplies were "unjust, unreasonable, unduly discriminatory and preferential" within the meaning of Section 5 of the Natural Gas 37 See the FERC's policy statement on this matter, published at 47 Fed.Reg. 6253-63 (February 11, 1982). 5/ Docket Nos. TA81-1-21-000 and TA81-2-21-000. 250 Act ( N G A ) a n d he ordered the pipeline to modify such practices and to renegotiate inflexible contractual provisions to the maximum extent feasible. Judge L e v a n t ’ s decision reflects the effort to harmonize the FERC's authority under NGPA Section 601(c) and NGA Sections 4 and 5 w hich FERC Commissioner J, David Hughes argued several months earlier the Commission has thus far not met head on. As Commissioner Hughes noted in his partial dissent from a Commission order in a Tennessee Gas Pipeline Co. PGA case,-^/ under the NGA interstate pipelines are granted significant market power but are also vested with responsibility to consider the economic consequences for their captive customers of exercising this power. He also points out that "abuse" under Section 601(c) may be the disregard of a duty or the improper use of a right or privilege. Even assuming that the full Commission chooses to break new ground and affirm Judge L e v a n t ’s decision, the NARUC believes that Congress should explicitly codify a stricter standard of FERC review for pipeline, purchasing practices. The experience of the last two years in particular shows that essential consumer p r o tections should not be left to Federal agency discretion. III. Market-Insensitive Provisions In Producer-Pipeline Contracts Virtually all parties to the natural gas policy debate agree that inflexible, long-term contracts between producers and p i p e lines have been a major contributing factor to gas price increases over the last two years. The existence and broad scope of the " c o n tracts problem", as it has come to be called, are w e l l -document------57— 15"U7$ ."C: 717d (a), 7/ Docket Nos. TA82-2-9-000, RP81-54-000, RP82-12-001, and TA82-T-9-001. The FERC's Order Denying Rehearing was issued on October 1, 1982. 251 ed,.§/ and I will discuss it only briefly for this reason. Take- or-pay, indefinite price escalator, and most-favored-nation clauses in such contracts provide producers an assured revenue stream, even when the wellhead prices these revenues are based upon exceed the actual market value of the purchased gas. This problem is exacer bated by the absence of renegotiation or ’ ’ market-out” clauses in many producer-pipeline contracts. In our view, it makes no economic sense to permit the opera tion of contract provisions which insulate the producing end of the natural gas industry from the effects of overpricing gas. This is particularly so given the fact that the proportion of consumerderived revenues which goes to gas producers has doubled during the last 11 years.— ^ There is an obvious link, of course, between FERC's regulatory treatment of pipelines' gas acquisition costs and producer-pipeline contractual arrangements. As long as a pipeline company's management knows it will not be held accountable for its gas purchase decisions, there exists no incentive to avoid onerous terms in contracts with producers. The recent news that Columbia Gas plans to reduce certain of its ’ ’ take” obligations to 50 percent of contracted levels in an effort to hold down gas prices!®/ is 17 See generally, e. g . , Comptroller General of the United States, Information on Contracts Between Natural Gas Producers and Pipeline Companies (February 22, 1983); Energy Information Administration, U.S. Department of Energy, An Analysis of Post-NGPA InterState Pipeline Wellhead Purchases (September 1982); and Congressional Research Service and National Regulatory Research Institute, Natural Gas Regulation Study (July 1982). 9/ Analysis 10/ U.S. GAO, Natural Gas Price Increases: (December 9, 1982) at 6. A Preliminary Reported in The Washington Pos t , April 6, 1983. 252 arguably a direct result of the previously mentioned PGA decision by ALJ Levant. But consumers nationwide need relief from rising gas prices n o w . The NARUC therefore supports congressional action to outlaw c o n tractual indefinite price escalators, to modify take-or-pay ob l i g a tions in existing c o n t r a c t s , and to include Mmarket-out clauses” in current contracts. IV. Distribution C o m p a n i e s 1 Lack of Competitive Supply Options Currently, most local gas distribution companies have no choice but to rely upon only one pipeline for their supply requ i r e ments. In much the same way, many producers complain of gas wells being shut in because the only pipeline in the vicinity is unwilling to buy their production. Pipelines are thus accurately described as possessing both monopsony and monopoly power within the natural gas industry, The NARUC believes that the time has come to begin serious consideration of ways to restructure the role of pipelines in the industry in order to encourage competition in the gas supply market. A partial solution that has received some support from the FEKC is greater pipeline freedom to engage in off-system sales of natural gas. Virtually all interstate pipelines have expressed support for this approach, especially since it would assist them in dealing with high take-or-pay requirements. Pre payments for natural gas under take-or-pay provisions are generally included by the FERC in an interstate pipeline's rate base, whether or not the gas can be sold. If the pipeline is able to sell the gas to off-system buyers, rate base treatment of the prepayment is avoided, and the pipeline's on-system customers benefit.— ^ 11/ See speech by FERC Commissioner J. David Hughes to the Federal Energy Bar Association, January 13, 1983, at 8-12. 253 The FERC recently approved a new off-system sales policy,i2/ and it remains to be seen whether the number of such transactions, and the consequent level of supply competition, will increase as a result. Previous experience has been disappointing: of the 1,090 Bcf of off-system gas sales authorized by the Commission as of November 13, 1982, only about 227 Bcf have actually been s o l d . ü / There are, of course, more radical approaches to revising the role that pipelines play in the gas industry. At least one State commission is actively supporting Federal legislation to impose common carrier status on all interstate pipelines.ii/ À national coalition of producers and end-users— / advocates exten sion of this to intrastate pipelines and distribution companies as well. Mandatory contract carriage of.gas owned by parties other than the transporting pipeline is a variation on this theme. The thrust of such proposals--to enable producers and ultimate c o n sumers to negotiate directly on gas sales--is quite attractive to many State regulators, since this would surely encourage mar k e t sensitive producer pricing. At this juncture, the NARUC believes that Congress should direct the FERC to study 12/ The new policy 1983 meeting. A written 13/ Speech by FERC all of the ramifications which may be was approved at the Commission’ s March 10, order has not been issued as of yet. Commissioner Hughes at 8. 14/ Statement of Philip R. O'Connor, Chairman, Illinois Commerce Commission, before the Senate Committee on Energy and Natural Resources, March 12, 1983. 15/ The coalition is called the Association for Equal Access to Natural Gas Markets and Supplies. 21-496 0 83 17 254 involved in restructuring existing relationships between d i stribu tors and pipelines. Unless the current situation is somehow changed, the lack of competition between gas suppliers will c o n tinue to cause unnecessarily high retail rates. V. Federal Impediments to Effective State Retail Rate Regulation Incremental P r i c i n g . The final set of problems I would like to bring to your attention today concerns Federal policies that have unnecessarily impeded effective State regulation of retail gas rates. State regulators would place the NGPA's Title II,i£/ containing mandatory incremental pricing provisions, among the prime examples of such impediments. The NARUC strongly opposed inclusion of these provisions in the NGPA when the law was under consideration in 1978, on the grounds that mandatory incremental pricing would result in higher rates to residential users due to consequent reduction of industrial gas use, and that it constituted an unwarranted first-time intrusion of Federal control into this aspect of retail ratemaking. We are convinced that the passage of time has only made these arguments more persuasive. Title II of the NGPA provides that most large industrial boiler consumers of gas which purchase supplies, either directly or indirectly, from interstate pipelines are to be assigned the incremental cost of new gas. These industrial facilities are required to,absorb this surcharge until their gas costs equal the cost of alternative fuel, which the FERC has designated as No. 6 oil. Title II also places specific restrictions on the S t a t e s ’ regulatory discretion with respect to the incremental pricing TF7 IS U.S.C.' §§ 3341-3348. 255 surcharge on industrial users. Under Section 205, State regulatory commissions are required to pass through directly to incrementally priced industrial users any surcharge paid by a local distribution company for gas purchased from interstate pipelines. In addition, the States are forbidden from modifying rates for incrementally priced industrial users so that the surcharge would be offset. The troublesome nature of these restrictions on State regula tory authority is especially apparent under today’ s natural gas market conditions. Automatic imposition of the incremental sur charge on large, industrial users makes them extremely sensitive to gas price increases. Their fuel-switching capacity already causes such users to place a lesser value on natural gas service; mandatory incremental pricing only exaggerates this tendency, making conversion to alternative fuels more attractive. The impact of industrial load loss on a gas utility’ s remain ing customers is direct and inevitable: it increases the fixed plant costs which must be shared by all ratepayers, thus causing residential and commercial retail gas rates to rise. Accord ing to the F E R C ’ s Office of Regulatory Analysis, sales by gas utilities to industrial customers during the last part of 1982 hit their lowest level in the last five years.— ^ Incremen tal pricing as mandated by the NGPA unquestionably limits the States’ability to respond to this reality, and thereby protect the interests of all gas consumers. Another flaw in the incremental pricing scheme relates to the fact that the surcharge is imposed without regard to whether the gas is contracted for on an interruptible basis. Industrial users are thus discouraged from entering into interruptible ser- T77 FERC Monitor, March 21, 1983, at 8. 256 vice contracts, since the economic attractiveness of such arra n g e ments is greatly reduced or eliminated. Gas distribution companies benefit from having interruptible customers; for example, this allows them to meet peak demand during the heating season without adding storage capacity. Under Section 111 of the Public Utility Regulatory Policies Act of 1978,— / electric utilities are required to encourage customers to accept interruptible service. Incremen tal pricing serves to impede this same goal in natural gas markets. In sum, the members of the NARUC firmly believe that experience has shown incremental pricing to be a manifestly unwise Federal policy that interferes with the S t a t e s ’ ability to ensure leastcost gas service to all consumers. We have therefore requested those congressional committees with legislative jurisdiction to include repeal of Title II in any natural gas bill that is reported. Producer-pipeline contract fil i n g . Turning to another Federal barrier to effective State regulation, we feel strongly that the FERC's failure to fully exercise its authority to require producerpipeline contracts to be filed with the Commission, and to make material terms of those contracts publicly available, has made the S t a t e s ’ task of evaluating the reasonableness of distribution company purchasing practices unnecessarily difficult. The NARUC’ believes that the Commission currently possesses ample statutory authority to implement such filing requirements. Section 315(c)— / of the NGPA permits the FERC to issue regulations requiring the filing of all such contracts and ancillary agreements. Moreover, Section 501(a).?®/ grants the Commission TS7 16 U.S.C. § 2621. 19/ 15 U.S.C. § 3375(c), 20/ 15 U.S.C. § 3411. 257 general rulemaking authority to issue regulations "as it may find necessary or appropriate to carry out its functions under this chapter" of the NGPA. The NARUC has petitioned the FERC to implement producer-pipeline filing requirements, a request which the Commission has yet to act upon — '( Without the opportunity to examine these c on tracts, State commissions as well as the general public are p re cluded from knowing how the major cost component in a retail gas rate case is computed. As with the pipeline accountability issue I discussed earlier, we believe that although current law enables the FERC to take the desired action and thereby subject pipeline transactions to greater public and regulatory scrutiny, the Commission’ s unwillingness to exercise its authority in this regard demonstrates the need for a legislative remedy that compels the FERC to act. Preferential treatment of natural gas pipeline tax credits. An additional concern shared by many State regulators involves the FERC's regulatory treatment of investment tax credits claimed by interstate natural gas pipelines. Under a provision of the 22/ Internal Revenue Code that was added in 1971,— the FERC is p er mitted to set pipeline rates without regard to the tax forgiveness obtained by the pipeline through investment tax credits. The Commission has routinely been granting this preferential treatment since 1972, despite the fact that the statutory precondition for such treatment--that the company’ s gas supply is "insufficient to 21/ The NARUC petition for rulemaking was filed in FERC Docket No. RM-82-20. The Commission referenced the NARUC petition, inter alia, in its April 28, 1982 Notice of Inquiry on Impact of the NGPA on Natural Gas Markets (Docket No. RM82-26). 22/ Section 46(f)(1)[26 U.S.C. § 46 (f)(1)]. 258 meet the present and future requirements of the domestic ec o n o m y " is clearly no longer applicable. The Iowa State Commerce Commission recently petitioned the FERC to revise its policy regarding treatment of pipeline tax credits^?./ In a supporting statement filed by the N A R U C , it was pointed out that the FERC policy "clearly results in a s u b stantial direct subsidy from ratepayers to [the pipeline's] s t o c k holders, which in turn causes natural gas rates to exceed those which would be in effect if conventional normalization ratemaking treatment were employed ," .— / Seventeen States have also joined in support of the Iowa petition. The seriousness of this problem is substantial because of the magnitude of the investment tax credits now being generated by pipelines. During the ten-year period between 1972-82, FERC Class A and B pipeline companies claimed nearly $1.5 billion in such tax credits. Over $840 million of this sum was generated in the past three years alone.— / At a time when natural gas retail rates are rising p r e c i p i tously throughout the Nation, we can ill afford to grant pipelines a tax preference at the ultimate expense of gas utility r a t e payers. Accordingly, the NARUC has endorsed legislation pending in the House (H.R. 570) which would repeal that Internal Revenue Code provision permitting this preferential treatment, Federal-State Joint B o a r d . In order to foster future Federal- State cooperation in natural gas regulatory matters, the NARUC 237 Docket No. RM83-8-000. NovemFer 8, 1982. The Iowa petition was filed on 24/ Statement of the NARUC In Support of Petition For Rulemaking, Docket No. 83-8-000 (December 1 4 3 1982) at 4. 25/ Id. at 6. 259 believes that a Joint Board mechanism should be established at the FERC. Federal-State Joint Boards have been a useful feature of the telecommunications regulatory framework for many years, providing the States with the opportunity for active input into Federal Communications Commission deliberations which have a special impact on State c o n c e r n s . S i m i l a r l y , a Joint Board on natural gas matters would allow the States a meaningful voice in recommended decisions of the FERC. We believe the rationale for establishing a Joint Board mechanism in the natural gas regulatory arena is a compelling one. As mentioned earlier, the largest cost components in burner-tip gas prices are controlled only at the Federal level, Our experi ence thus far in making the transition to partial deregulation of wellhead prices shows that State regulators are forced to deal with the consequences of a poorly fashioned transition in this regard but are precluded from making the regulatory decisions which are actually shaping it. The Commission's proposed and final rules concerning wellhead prices under Section 107 of the NPGA— / are obvious examples of such decisions, but the list by no means stops there. Use of Joint Boards would ensure that State regulators are permitted to do more than merely comment upon m a j o r •regulatory proposals with respect to natural gas that are conceived by the FERC staff. Moreover, providing them with a more decisive role in the promulgation of Federal regulations is in keeping with State regulators' legal responsibility to see that retail gas rates are just and reasonable. 7<[7 See 47 U.S.C. § 410(c), 27/ 15 U.S.C. § 3317, 260 VI. Conclusion The problems I have touched upon this morning have contributed in varying degrees to a gas pricing situation that is in the interests of neither industry nor consumers. Today's prevailing prices for natural gas continue to increase even as demand is dropping and gas supplies are growing more abundant. In recent testimony before a House subcommittee, FERC Chairman C.M. "Mike" Butler III described an informal survey of gas distribution companies undertaken by FERC staff. This survey revealed that significant fuel-switching is occurring around the country as a result of gas prices which exceed market-clearing levels.1®/ State regulators can readily attest to the pervasiveness of this market loss problem. From our perspective as the o f f i cials whose obligation it is to maintain adequate revenues for the nation's gas utilities, we can also verify the existence of the very real dilemma which this problem creates: the only way to assure recovery of the utility's fixed plant costs when i n dustrial markets shrink is to raise prices for its captive c u s tomers- -the residential and commercial ratepayers--even more. Most assuredly, the smooth transition to a deregulated gas market which the NGPA's authors intended the law to provide is not occurring. Demand-sensitive pricing of natural gas remains largely an unrealized dream. the complicated task In our view, as Congress begins of rethinking Federal gas policy, the central focus must be how best to achieve that dream, consistent with the public interest. Thank you for your attention. 287 Statement of C.M. Butler IIIj Chairman, FERC, before the Subcommittee on Fossil and Synthetic Fuels of the House Committee on Energy and Commerce, February 10, 1983, at 3. 261 Senator J epsen . We appreciate that and I thank you. Mr. Cooper, if Mr. MacAvoy is to keep his appointment, I think that, if we have questions for him, we should ask them now. Would you understand and please permit us to do that? Mr. MacAvoy. Senator, to be courteous to my colleagues, my ap pointment is a luncheon appointment with the Vice President. And given the present powers of the Vice Presidency, I believe it could wait 15 or 20 minutes longer. [Laughter.] So I would be perfectly pleased to stay. Senator J epsen . Y ou may proceed, Mr. Cooper. Thank you. STATEMENT OF MARK COOPER, DIRECTOR OP RESEARCH, CON SUMER ENERGY COUNCIL OF AMERICA Mr. C ooper. I appreciate. Mr. MacAvoy’s, what I take to be some what complimentary, remark. I ’m not sure that I can be more incisive, but I will disagree. I ’ve become used to going last and I though I would wait to see what Mr. Twilley would say. And, in fact, he said a few things that I can agree with. Indeed, my hopes were met beyond imagination when he mentioned cost-based pricing, which is a very difficult thing to say in this town these days. In my prepared statement, I ’ve tried to create a balance, to meet the spirit of the committee’s request to deal with the issue in an analytic framework, by blending about 50-percent conceptual state ments, 25-percent empirical judgments, and 25-percent political judgments. But given what’s gone before, I think I should stress those aspects of my comments that reflect my political judgment, since those are not frequently heard. There are really two basic issues before Congress, this committee, and the Nation. First, what should be done with the economic rents of natural gas production ? Second, is there significant potential for noncompetitive profits in the industry? In the current context, that focuses a great deal of attention on the causes of the aberrant con tract provisions that we find throughout the industry. In my prepared statement, I distinguish two basic views of the market, which, to try and depoliticize things, I call market hopefuls and market protectors. The hopeful view believes that free competi tion applied to American geology will yield a larger response of supply to price increases, especially in old fields, than the available evidence would suggest. In this view, the consumer would be protected by com petition. Regulation distorts the supply curve in a number of ways. It holds down low-cost-gas supply. It creates inequities in the endow ments of low-cost supplies that create the possibility for the misallocation of resources to high-delete cost suppliers. And it creates nonprice bidding practices that dampen the responsiveness of supply and price to demand changes. I think I ’ve fairly represented both the adminis tration’s position and Mr. MacAvoy’s comments. The market protectors have a different view of things. They see three first-order problems and one second-order problem. First, an inelastic supply curve creates the potential for large eco nomic rents. 262 Second, noncompetitive conditions between the wellhead and the city gate create the potential for oligopoly problems. These noncompetitive conditions include factors such as limited access to the field—and these limitations are not imposed by regulation, but by real economic bar riers—automatic passthrough clauses, affiliations and joint production arrangements. Third, captive consumers at the burner tip creates a potential for even larger oligopoly or even monopoly profits. With that view, market protectors believe that it is imperative for Government to intervene to protect consumers because competition is inadequate and wealth transfers are excessive. And analytically, they seek a regulatory response that can capture economic rents and pre vent the extraction of monopoly or oligopoly profits without destroy ing the response of supply to price. It is the preservation of that supply response that is the second order of problem, which arises from the regulatory approach to the first three problems. Mr. MacAvoy is right. There is an assumption of prescience, the ability to look at the market and not distort it. In theory, there is a set of regulatory categories that could simulate closely the supply curve. Economic rents could be captured, while supply responses could be elicited. That was the objective of the Natu ral Gas Policy Act. The large number of categories that everyone com plains about these days is nothing more or less than a rational at tempt to move the regulatory scheme closer to the supply curve. In practice, in spite of the mauling that the regulatory theory took in the tortuous process of creating the Natural Gas Policy Act, and in spite of the mauling that the Natural Gas Policy Act has taken at the hands of the Federal Energy Regulatory Commission in imple menting it, it seems clear that some of the rents have been passed through to consumers and some have been captured by producers of high-cost gas, while supply has, in fact, been stimulated. It is absolutely critical to recognize that where you think we are and where you want to go are separate considerations. You can believe that we are in a situation of perverse regulation and want to move to improved regulations. Or you can believe that we are in a position of imperfect regulation and want to move to complete deregulation. Where you think we are is an impirical question. Where you think we should go is a morale, normative, and ultimately political, ques tion. It is also obvious that how you think we got here will affect where you want to go and how you think we can get there. But there is a second point that is important. From the market pro tector point of view, it is important to recognize the equity implica tions of the economic reality of the fossil fuels market. The essence of political choice in the pricing of a commodity such as natural gas is the recognition that both supply and demand elasticities are low. Therefore, the equity-efficiency tradeoff is very difficult. Even if one does not assume oligopoly and monopoly, economic rents can be so large and supply-demand responses to price so small, that equity losses—that is, the transfer of wealth or surplus from consumers to producers—may far outweigh efficiency gains, that is, the increase in the national economic pie as a result of deregulation. 263 It is critical to recognize the possibility that the pie can get bigger, but the redistribution of benefits may be so radical that there are large groups, even a significant majority, that would end up with a smaller piece. Distribution matters in philosophy, in practice, and in politics. I believe that the evidence produced by the Department of Energy, the Energy Information Administration, and the Government Ac counting Office shows quite clearly for both natural gas and petroleum that the low supply-demand elasticities create this very, very difficult equity-efficiency tradeoff. I am not a liberal who mistakes and overlooks efficiency. I just be lieve that in the energy area the tradeoff is difficult and the sums at stake are very large. Given this conceptualization of the market, the Congress must read the empirical record and decide between two competing interpreta tions. And I rephrase the questions that you have asked in holding these hearings. Does the recent loss of industrial load by natural gas distributors reflect the temporary aberration of contracts or structural forces which would indicate that natural gas producers will not com pete in, nor will they attempt to clear, the No. 6 fuel oil market? I f the latter, is that failure to compete simply a rationalization of commodity values, what has been referred to in earlier testimony as opportunity value or market value, or is it an exercise of oligopoly power ? The second major question—what is indicated by the fact that con tracts were rewritten with incredible speed in the tight market of the late 1970’s to include all those aberrant contract clauses we hear so much about but the very slack markets of the early 1980’s have done nothing at all to alter those clauses. In spite of what the administra tion says about renegotiations, the responses to the questions posed by Congressman Sharp on the House side clearly show that contract re negotiations have gone nowhere. Does this one-way street—up but not down, contract clauses that push prices up, but never down, market pressures that put them in but never remove those clauses—does this reflect perverse incentives upon the Natural Gas Policy Act enshrined in inviolable contract? Or does the fact that contracts are inviolable in some circumstances but not others indicate the underlying distribution of market power is structurally skewed to the advantage and in favor of producers at the expense of pipelines and consumers ? These are difficult questions to resolve empirically and they would merit years of study. But as the chairman pointed out, politics and price increases demand decisions faster than that. We must read the record that we have as best we can. I obviously believe that the record strongly suggests pervasive mar ket imperfections that mandate consumer protection and regulatory relief. The supply and demand curves that I have used in my prepared statement are empirically based, having been derived, as I pointed out, from the Department of Energy study, and I believe that they are quite consistent with the ongoing work of the E l A. The policy conclusions at which I arrive are quite different than those you have heard earlier. I believe that in order to capture about 264 half of the economic rents that are likely to be available in the natural gas market through the end of this decade, we must not decontrol old gas. Indefinite price escalators and most-favored-nation clauses which refer to other prices must be abolished. This cross-referencing of prices violates the very essence of competition at the wellhead and the burner tip. Take-or-pay clauses must be set at levels necessary to do what they were intended to do—provide stable finance for the industry. They must not be allowed to be used to bid for gas or insure producers very high profits. Automatic passthroughs must be permanently eliminated to re.move the insulation of pipelines from the consequences of their bid ding practices. The discretionary powers that FERC has used to raise prices and the failure of FERC to police the industry by its interpretation of fraud and abuse must not be permitted. We must go back to the just and reasonable, or even stronger language, to guide pipeline behavior. I like to call this a least-favored-nation clause, for any pipeline that is not buying gas at the lowest price that FERC has before it, should be forced to explain why it was unable to find the least cost supply. From this point of view, it is important to stress that a simple mar ket solution, and certainly the one that is presented by the administra tion, does not provide consumer protection. But it is even more im portant to point out that it is not an economically efficient solution. The transfer of economic rents to and the extraction of noncompetitive profits by the producers will simply drain resources away from other sectors of the economy that are in need of capital and consumer spend ing. It will create a natural gas price drag on the economy at the moment that the oil price drag of the second energy price shock is finally working its way out. Above all, if we give up any notion of setting prices for natural gas by cost and accept the notion of market value or opportunity value, we will tie natural gas prices irrevocably to the political manipulated price of oil. And that is to give up all hope of allocating our economic and energy resources in a manner that is consistent with the economic forces, values, and needs of our domestic economy. Therefore, we believe that it is necessary to design an institutional regulatory structure that insures that gas prices will be driven by the competitively determined cost of production, not by the opportunity or market force of a politically dictated price of oil. Thank you and I ’ll be glad to answer any questions. [The prepared statement of Mr. Cooper, together with attachments, follofws:j 265 P r e p a r ed S t a t e m e n t of M ark C ooper Mr. C h a irman and Members of the Committee: My name is Dr. Mark Cooper. I am Director of Research at the C o n sumer Energy Council of America (CECA). CECA is a broad based coalition of major national consumer, labor, farm, public power, rural electric cooperative, senior citizen, urban and low income o r g a nizations (see attached l i s t ) . I enthusias t i c a l l y applaud the Committee for tackling the difficult subject of natural gas pricing in a framework that asks for analytic reflection on the differences of opinion about why the natural gas market is not functioning well and how it might be improved. As one who spends a significant amount of time dealing with politics, I appreciate the o pportunity to reflect. In my remarks I will try to meet the spirit of the Committee's request to deal with the issue in an analytic framework by creating a blend of 50 percent conceptual statements, 25 percent empirical assessment and 25 percent political judgments. Basic Views of the Natural Gas M a r k e t T here are two basic issues before this C o m m ittee and the Congress: production? 1) What should be done with the rents of natural gas 2) Is there significant potential for non-competi- tive profits in the industry, which, in the current context, focuses a great deal of attention on the causes of the aberrant contract provisions that we find throughout the natural gas industry? Each of the proposals before the C ongress and the nation takes a specific position on each of these issues. 266 Of course, the analysis that the proponents of the various proposals conduct is much more complex than the simple que s t i o n s suggest. W hat I propose to do is to capture and reconcile each aspect of the various proposals by ascertaining w h a t they are saying about the nature of supply and demand for n atural gas in this country. For those who can stand to look at supply and demand curves, I have provided a set of graphs which d epict each step in my argument, although I hope my argument is c o m p r e h e n s i b l e with o u t reference to the curves. To defuse the political nature of the debate, I will d epi c t the current differ e n c e of opinion as a difference between those I call Market H o p efuls (MHs) and those I call Market P ro t e c t o r s ( M Ps)• [As depicted in Figure 1] M arket H opefuls believe that the c u r r ently o bservable supply curve for natural gas is distorted. It has been rendered artificially inelastic by partial regulation which gives strong incentives to produce high cost gas and to withh ol d lower cost gas from the market in antici p a t i o n of decontrol. MHs believe that, given the chance, the m arket would be extremely competitive and that free com p e t i t i o n applied to A merican geo l o g y would produce a more elastic supply curve, although it would still be relatively inelastic. That is, even with their hopeful view, they assume that an increase in price of 1 percent would lead to increases in s upply of cons i d e r a b l y less than 1 percent. [As depicted in Figure 2] M arket Protectors do not see such a rosy supply curve. Not only do they not see a much more 267 FIGURE 1 MARKET PROTECTOR'S VIEW OF THE NATURAL GAS MARKET QUANTITY (Quadrillion Btu’s) 268 MARKET PROTECTOR'S VIEW 269 e l a s t i c s u p p l y c u r v e in the cards, b ut t h e y b e l i e v e th a t the r e are n o n - c o m p e t i t i v e a s p e c t s of the m a r k e t w h i c h w o u l d d r i v e th e p r i c e in a d e c o n t r o l l e d m a r k e t a b o v e the level if c o m p e t i t i o n w e r e pe r f e c t . it w o u l d s e t t l e at T h e y b e l i e v e that a m a l d i s t r i b u t i o n of b a r g a i n i n g p o wer, v a r i o u s a r r a n g e m e n t s b e t w e e n p r o d u c e r s and pipelines (affiliations, joint production arrangements) and s i m p l e m o n o p o l y or o l i g o p o l y c i r c u m s t a n c e s r e d u c e c o m p e t i t i v e f o r c e s b e t w e e n the w e l l h e a d and c i t y g a t e (the p o i n t at w h i c h ga s is t r a n s f e r r e d to d i s t r i b u t i o n c o m p a n i e s ) • T h i s w o u l d d r i v e the p r i c e a b o v e the c o m p e t i t i v e e q u i l i b r i u m t o w a r d an o l i g o p o l y l evel. Moreover [as d e p i c t e d significant captive market — in F i g u r e 3], the p r e s e n c e of a a m a r k e t w i t h e i t h e r no real a l t e r n a t i v e s or v e r y l a r g e c o s t s of c o n v e r s i o n to a l t e r n a t i v e s — s h i f t s d e m a n d u p w a r d , l e a d i n g to an even h i g h e r price. Basic Views of Regulation [As d e p i c t e d in F i g u r e 4] t he M a r k e t P r o t e c t o r s see a ne e d for r e g u l a t o r y r e l i e f b e c a u s e an i n e l a s t i c s u p p l y c u r v e c r e a t e s l a r g e p o t e n t i a l e c o n o m i c rents, in a d d i t i o n to the p o s s i b i l i t y of o l i g o p o l y a n d / o r m o n o p o l y prof i t s . They would li k e to c a p t u r e the for m e r for c o n s u m e r s w h i l e p r e v e n t i n g the latt e r . curve. T h e y w o u l d like to do so w i t h o u t d i s t o r t i n g the s u p p l y In theo r y , t h e r e is a set of r e g u l a t o r y c a t e g o r i e s th a t c o u l d s i m u l a t e c l o s e l y the s u p p l y curve. of the N a t u r a l G a s P o l i c y A c t (NGPA) T h a t w as the o b j e c t i v e T h e l a r g e n u m b e r of c a t e g o r i e s th a t e v e r y o n e c o m p l a i n s a b o u t is n o t h i n g m o r e or less tha n a r a t i o n a l a t t e m p t to m o v e the r e g u l a t o r y s c h e m e c l o s e r to 21-496 0 83 18 270 FIGURE 3 MARKET PROTECTOR'S VIEH QUANTITY (Q u a d rillion B tu '* ) 271 MARKET PROTECTOR'S VIEW OF AN IDEAL REGULATORY SCHEME QUANTITY (Quadrillion Btu’s) 272 the supply curve. Is it possible to shoot for such a regulatory scheme? As c o nvoluted as N G P A is and as badly as it has been implemented by FERC, it h a s r in fact, achieved some of its goals, A Government Acco u n t i n g Office (GAO) report on N G P A concluded that: throu g h o u t the period [1983-1990], "In fact, 'NGPA* results in slightly lower prices and higher production than in the 'Price Decontrol in 1983' case," conclusion. The De p a r t m e n t of Energy reached a similar It is fairly certain that the conclusions these reports project for the 1983-1990 period are exactly how N G P A has o perated since its passage. Some of the rents have been passed through to consumers and some captured by producers and/or pipelines. As the Energy Information A d m i n i s t r a t i o n (EIA) has concluded, "Binding price ceilings and average cost pricing have the effect of transferring funds from the producers of lower priced gas to the consumer in the form of lower prices, and to the producers of new and especially high-cost gas in the form of high e r prices." T h e A d m i n i s t r a t i o n ' s V i e w of N G P A T h e R e a g a n A d m i n i s t r a t i o n d o e s n ot a g r e e w i t h thi s a s s e s s m e n t of N G P A . [As depicted in Figure 5] the A d m i n i s t r a t i o n is not simply Market Hopeful? NG P A is perverse. it believes that the regulatory scheme of The ceilings on lower cost supply are too low, w hich increases the q u a ntity of high cost gas necessary to clear the market and drives up average prices. In addition [as 273 FIGURE 5 ADMINISTRATION VIEW: LOW PRICE CEILINGS ON Which Would Be Produced 274 depicted in Figure 6], contract provisions, such as high p e r c e n t a g e take-or-pay provisions, brought about by partial regulation and perverse incentives to look for expensive gas, further restrict low cost production. This also drives up market clearing and average prices. Further [as depicted in Figure 7], partial controls induce perverse contract clauses such as indefinite price escala t o r s and most favored nation clauses which were used by pipel i n e s to attract disc o v e r y of new supplies. These created the potential for a price fly up upon decontrol. In summary, the Administ r a t i o n views the supply curve as f undam e n t a l l y distorted by controls. In the first instance, and to an u nmeasureable degree, it is distorted by the very p resence of controls. At a more concrete level, it has been distorted by specific contract provisions. [As depicted in Figures 6 and 7], the supply curve rotates to higher market clearing and average prices on a fulcrum point which is defined by the q u a ntity of low cost gas not produced.] [As depicted in Figure 8] the Ad mi ni s tr at i on has, in essence, a price ladder in mind in which Jan u a r y 1, 1985 wi t n e s s e s a sharp price run up, while current average prices have been driven above the short term average price that would prevail absent controls and their attendant aberrations. I must say that any belief in a short term drop in prices as a result of decontrol must be relying heavily on optimism about the supply curve. G iven the large q uantity and actual p r ice of old gas that is flowing, it is impossible that prices 275 FIGURE 6 ADMINISTRATION VIEW: CONTRACT PROVISIONS REDUCE LOW COST SUPPLY Low Cost Supplies Not Produced Due to Take-Or-Pay Provisions 276 FIGURE 7 ADMINISTRATION VIEW: POTENTIAL FLY UP UPON DECONTROL QUANTITY (Q uadrillion B t u ’s) 277 Price ADMINISTRATION VIEW: QUANTITY (Quadrillion Btu's) 278 will go down as a result of market forces, unless the market clears at a much lower percentage of oil prices than the 70 percent figure the Admin i s t r a t i o n has asserted over the years. However, the policy c o nclusions embodied in the A d m i n i s t r a t i o n ' s recent proposals are consistent with their basic a ssu m p t i o n s about the market. If latent competition exists and if the supply curve is relatively elastic, the Admin i s t r a t i o n could be correct in its assertion that a period of intense negotiations — made more intense by d eadlines — might exorcise the contract provisions quickly enough to smooth the way toward a c o m p l e t e l y deregulated market. Moreover, competition would prevent a reemergence of these aberrations in the long term. N o n - c o m p e t i t i v e profits would not emerge, but rents would be c ollected by producers. A n A l t e r n a t i v e V i e w of N G P A One of the interesting things about the current debate is the significant agreement about the symptoms that are affecting current prices and might affect future prices. The Market Protectors agree on the deleterious effects of take-or-pay c lauses and escalators. However, they do not accept the Adm i ni s t r a t i o n ' s diagnosis of the disease. They do not accept the argument that these provisions are simply a response to partial regulation or non-price c o mpetition for supplies. Instead, they argue that these are caused by the basic imperfec tions of the market (maldistributed b argaining power, a f f i l i a tions, etc.). [As depicted in Figure 9] they also argue that 279 FIGURE 3 MARKET PROTECTORS'S VIEW: PRICE CEILINGS TOO HIGH Economic Rents not Captured QUANTITY (Quadrillion Btu's) 280 many price ceilings for lower priced gas are too high, not too low, thereby needlessly failing to c a pture rents. [As depicted in Figure 10] the MPs^have a different price ladder in mind. Current prices are higher than they would be if the c eilings could be readjusted and the contract and perverse incentives could be eliminated. Com p l e t e decontrol leads to a price that embodies all market imperfections. / Indeed, with sixty or seventy percent of gas decontrolled, they fear that the NGPA ' s J a n u a r y 1, 1985 price fly up could push the average price close to the complete decontrol level. C o n tract provisions would trigger and producers would have adequate market power to drive mos t low cost gas out of the market (to a share of 20 percent, for example). Industrial load would plummet (loss of another 2.5 T C F , for e x a m p l e ) , but producers would be immune to the extent that they maximize profits by clearing the market in the captive sector. It must be stressed that the MPs see the underlying structural conditions in the industry, not the structure of NGPA, as the main force that has driven prices up by eroding low cost supply. They blame FERC, by an error of omission (failure to d efine abuse strictly e n o u g h ) , for failing to prevent these c o ntracts and pricing practices and they blame FERC, by an error of commis s i o n (through rate proceedings and rulemakings), for p ushing up the cost of gas through a series of decisions. Since t hey see the problem as being lodged in the industry and in "do nothing" regulators, they propose a restart of NGPA. Emphasizing the success of N G P A on the supply side, they would move the 281 f i 6ore 10 MARKET PROTECTOR'S VIEW: PRICE LADDER Price Q U A N T IT Y (Q u a d r illio n B cu ’ s) 282 c urrent regulatory scheme back toward the underlying supply curve to m a i ntain the supply response while recapturing rents and preventing o l ig opoly profits. If the Market Hopefuls' blind spot lies in the assumption that the supply response will be better in the future, the Market P r o t e c t o r s have difficulty d e m o nstrating the contribution of non-c o m p e t i t i v e factors to the present situation. There are a few clear examples of these factors, including the recent C olu m b i a T r a n s mission C o mpany ruling by an Administ r a t i v e Law J u d g e at FERC that demonstrated the abusive effect of a f f i l iations and contract provisions, as well as the very slow pace of renegotiation of old contracts, which demonstrates the m a l d i s t r i b u t i o n of bargaining power in the market. On the other hand, the arithmetic of sales between subsidiaries and other types of affiliations is not overwhelming in their favor. Nor d oes the burgeoning independent production sector* which has produced the supply side response under NGPA, and the expanding potential for alternative supplies make the oligopol y / m o n o p o l y case any easier to prove. Empirics and Ethics It is absolutely critical to recognize that where you think we are and where you want to go are separate c o n s i d e r a tions. You can believe that we are in the situation of perverse regulation and want to move to improved regulation. Or, you can b e lieve that we are in the position of imperfect regulation and want to move to complete deregulation. 283 W here you think we are is an empirical question. Where you think we should go is a moral, normative and ultimately political question. In addition, it should be obvious that how you think we got to where we are will dictate how you think we should get to where you want us to be. The Administ r a t i o n believes that we are in the position typified by low ceilings, perverse regulation and potentially elastic supply. It wants to get to a completely free market. The principles set out in S. 615 assume that we are in the position typified by high ceilings, perverse contracts and potential oligopoly or monopoly profits, in addition to very large rents. It aims at better regulation and a much longer transition to a free market. There are also many hybrid or mixed positions, d i s t i n guishable p r imarily by a concern about rents or a moderate concern about mar k e t imperfections. D i stributors fall close to the MPs* position (since they feel unable to influence the pr o ducer/pipeline negotiations) The A m e rican Gas A ssociation (AGA), which represents distributors, for example, advocates continuation of controls on old gas. It may be concerned about the rents and want to ensure that they are captured by consumers, or it may be concerned about the market share of gas in total energy demand and want to use low cost gas to keep its share of the industrial market. AGA also expresses some concerns about non-competitive conditions between wellhead and city gate and mumbles things about contract carriers, etc. On the other hand, there are positions like that of the 284 N e w York T i m e s , which is closer to the Market H opefuls but worries about the rents and calls for a windfall profits tax, which, I would point out, is an inefficient way to capture rents. The T i mes wants to capture half the rents (a 50 p e rcent tax) A tax incidence analysis will show that consumers would pay a large part of the tax. who pays. It is not clear that the Times cares much about But it is important to acknowledge that why you want to c a pture the rents and how you go about it makes a great deal of difference. It is also critically important to recognize the equity implications of the empirical reality of the fossil fuels market. The essence of our political choice in the pricing of a commodity such as natural gas is the recognition that both the supply and demand elasticities are low and, therefore, that equity/ effi c i e n c y trade-offs are difficult. Because rents are so large and supply and demand responses to price changes are small, equity losses (i.e., the transfer of surplus or wealth frpm c o nsumers to producers) tend to be much larger than efficiency g ai n s (i.e., the increase in national economic output that would result from a reallocation of resources) It is absolutely critical to recognize that even though the pie gets bigger, the redistribution of benefits may be so radical that there are large g roups — actually a significant m a j o r i t y — that would be worse off. Figure 11 shows this concept using the composite supply and demand curves of Figure 10. The figure assumes captive 285 FIGURE 11 THE EQUITY-EFFICIENCY TRADE OFF WITH INELASTIC SUPPLY AND DEMAND QUANTITY (Quadrillion Btu's) 21-496 0 - 83 - 19 286 c o n s umers and creates a composite demand curve. assume oligopoly pricing. It does not It assumes a solution to the contract p r oblem and the "true" supply curve as viewed by MPs, but not an o ptimistic supply response as hoped for by MHs. The classic supply and demand side inefficiencies of price controls are identified as striped areas in the figure. One can hypothesize a number of other inefficiencies including those associated with curtailments or administrative allocation of supplies, if or when either arises. Further, there are c ertain import inefficiencies one can hypothesize. However, the basic supply and demand side inefficiencies are the core of the matter. The point, as shown in the figure, is that the e x tremely inelastic supply and demand responses yield small efficiency gains, while the inelastic supply curve creates very large wealth transfers. This is the case with fossil fuel prices — gas and petroleum. both natural As the Department of Energy's economic analysis of a year ago showed, the decontrol of natural gas increased the size of the national economic pie but reduced the share of it received by labor and capital in non-gas industries. C E C A did an analysis of that DOE study which examined the process in detail, entitled "Natural Gas Decontrols Economics," which I submit to the Committee. A Case of Tric k l e - U p In essence, we found that for every one dollar of growth, there were two dollars of wealth transfer« And that was after ten years in which the r ecessionary shocks of w e alth transfers had been allowed to work their way out of the system. The fascinating thing is that much 287 the s a m e relationship appears to hold for oil price increases — for every one dollar of e f f iciency gain, there are two dollars of w ealth transfer. In short, even if you think the market works in economic terms, you could well want to intervene because of the equity impact. Empirics and P olicy Empirically, I read the evidence as strongly suggesting that there are massive and pervasive imperfections in the market that man d a t e consumer protection and regulatory relief. I should point out that the supply and demand curves I have used in my g r aphs are not theoretical — they are the supply and demand curves implicit in the Department of Energy's Analysis of the Natural G a s Policy Act. They would be consistent with the GAO analysis as well. I drew those curves in February, 1982 in an A ppendix to a report C ECA did on natural gas prices. submit the analysis for the record. With your permission, I In the report, I estimated that the olig o p o l y solution would cause the natural gas market to reach a partially n o n -competitive equilibrium in which 6 percent of total demand is lost. If one assumes that the producers are s ensitive only to demand in the captive m a rket and that they therefore raise prices higher than they would if they were concerned with demand in the total market, the estimate of foregone demand would rise to 16 percent. This demand would be lost in the industrial market since the non-competitive rate of profit is maximized by not competing against lower cost oil. The 288 result is that the projected market clearing price would be b et w e e n 7 and 15 percent higher than the c o mpetitive market clearing price calculated by DOE. The evidence that has accumulated with respect to the b e h avior of the natural gas market, muc h of which has come to light in the past year, contains nothing that would lead me to abandon that view of the market. The m a l d i s t r i bu t io n of market power seems quite evident in the behavior of contracts and the p r o gress of contract negotiations. If one is willing to consider this explanation of behavior, the empirical evidence is not surprising at all. It is not surprising to find, as a 1981 study by the A m e r i c a n Gas A ssociation did, that 30 percent of all contracts on p r e - 1 9 7 3 gas had been renegotiated in a very short period of time to include escalator clauses. It is not surprising to find, as EIA and G AO studies have, that, for all intents and purposes, the entire industry has indexed its prices to that of No. 2 oil, not the market in which retail gas d i stributors c o mpete — which is No. 6 oil — but the m a r k e t in which major integrated oil companies maximize their profits. It is not surprising that when a few pipelines have tried to claim force majeure as their markets collapsed, p r oducers have sued, saying, in essence, that they are immune to market forces and will extract whatever they can from the highest price market available. Indeed, the almost lightening speed with which these 289 contract provisions worked -their way into every nook and cranny of the industry and the snail's pace at which a very few of them have been modified, testifies to the maldistr i b u t i o n of the chips in the bargaining process. Beyond the specifics, an even more powerful piece of evidence lies in the response of natural gas prices to the deepest recession since the G r eat Depression. natural gas and oil has plummeted. The demand for In response to the recession-induced decline in demand, crude oil prices have fallen about 10 percent. About 1.5 trillion cubic feet of industrial demand for natural gas has been lost (.5 trillion cubic feet permanently) and three trillion cubic feet of excess supply has developed in the natural gas market. Did the free negotiations between producers and pipelines change the contract terms which were propping up prices? Did those immense downward pressures have any effect on prices? Not at all. With oil prices falling and inflation running at 4 percent, natural gas prices have increased by over 20 percent. The flaws that I see in the natural gas m a rket operate at different levels of intensity in different regions of the country and at different moments in time, but taken together they constitute a fundamentally flawed market structure. The fact that FERC has failed to stop transactions at very high prices, even though it has the power to do so, is important. The fact that these transactions occur in the first place is paramount, and it is a direct result of the institutional and structural imperfections in the gas market. 290 Clearly, I have a f u n d amentally d i f f erent view of the m a r k e t p l a c e than that of the Administration. The difference embodies both an empirical and an ethical judgment. The A d m i n i s t r a t i o n looks at the current situation and sees the N G P A price ceilings pushing pipelines to engage in non - p r i c e c o mpetition to attract supplies. Thus, it identifies these ceilings as the origin of the contracts problem. I look at the fact that pipelines have Purchase Gas Adjustment (PGA) clauses which can be used to pass through price increases directly to consumers and see absolutely no incentive for them to bargain in the consumer's interest. I look at the close affiliation between producers and distributors and see a serious lack of arms-length transactions leading to a strong interest in price increases. The A d m i n i s t r a t i o n looks at the supply side of the m a rket and sees fierce c o m petition and rosy supply prospects. Thus, it predi c t s a fall in prices upon decontrol. I look at the fact that the twenty largest producers of natural gas produce more than half our gas and two-thirds of our oil, and see an o ligopoly situation with little likelihood of anything but price increases. I look at the restricted access to supplies in the field and see further possibilities of o l i g o p o l y profits. The A d m i n istration looks at the one third of the market in which there is significant interfuel s u bstitutability and sees compet i t i o n at the burner-tip. Thus, it sees no need for consumer protection through regulation. 291 I look at the two-thirds of the gas market which is captive and see a m o n opoly situation which creates the potential for unjustified, inefficient mono p o l y profits. The A d m i n i s t r a t i o n looks at tens of billions of dollars in economic rents on natural gas production that results from an inelastic supply curve and sees only the free market distribution of wealth. I look at those rents and see an uneconomic allocation of social resources and a powerful source of human despair as the cost of a vital necessity rises beyond the means of millions of Americans. The Policy Conclusion Obviously, a very d i fferent policy position emerges from this reading of the empirical record and this statement of principles: 1. Old gas must not be decontrolled or it would capture about half of the economic rents that are likely to be available on natural gas production through the end of this decade. 2. Indefinite price escalators — which use other forms of energy as a referent — and most-favored nation clauses — w hich refer to other gas prices — must be abolished. This cross-referencing of prices violates the very essence of competition at the wellhead and the burner tip. 3. Take-o r - p a y clauses must be set at levels necessary to do what they were intended to do — provide stable finance for the industry. They must not be allowed to be used to bid for gas or to ensure producers unjustified profits. 4. All automatic pass throughs must be permanently eliminated to remove the insulation of pipelines from the consequences of their bidding practices. 292 5. The discret i o na r y powers that FERC has used to push up the price of gas must be abolished and the damage that it has done must be corrected. Unless this is done, the perverse incentives that FERC has created will continue to distort the supply-response, extracting rents from consumers. 6« The rapid increase in inflation over the first several years in which N G P A was in place have d istorted the price increase formulae, in addition to creating e xtremely large price increases. These must be rolled back and only much smaller annual price increases must be allowed. 7. The d e f inition of fraud and abuse that FERC has been allowed to apply under N G P A has proven totally inadequate to protect consumers. Therefore, we must return to the "just and reasonable" standards of the N atural G as Act. It is of paramount importance to stress the fact that the Ad m i n i stration's package is not consumer protection. It is not consumer protection to give a blank check to the very same parties who created the problem in the first place and who have been unable to solve it in more than two years when downward pressures on price have been intense. It is not consumer protection to decontrol old gas and allow it to rise to the world-market oil price, when that gas has been flowing for decades and costs nickles to produce. It is not consumer protection to impose a three year m o r a t o r i u m on abusive contract practices, without addressing any of the underlying structural causes of those practices. It is equally important to stress the fact that the Adm i n i s t r a t i o n ' s solution is not an economically efficient solution. The transfer of economic rents to and the extraction of n o n -competitive profits by the natural gas producers, especi a l l y 293 the maj o r s who own the maj o r i t y of the old gas, will simply drain more resources away from other sectors of the economy that are in de sperate need of capital and consumer spending. It will create a natural gas price drag on the economy, at the very moment that the oil price drag of the second energy price shock has finally begun to work its w ay out of the system. To allow p o l i tically-manipulated oil prices to set the price of natural gas, as the Administration's proposal would do, is to give up all hope of allocating our economic and energy resources in a manner that is consistent with the economic forces, v alues and needs of our domestic economy. Only through the measures we propose can we ensure that the price of gas will be driven by the competitively determined costs of production, thereby achieving both consumer protection and national economic efficiency. I appreciate this o pportunity to testify before you today and would be happy to work with the Committee as you grapple with seeking equitable solutions to these problems. 294 N ATURAL GAS PRICE DEREGULATION: A CASE OF TRICKLE UP E C O N O M I C S P r e p a r e d by: C O N S U M E R E N ERGY COUN C I L OF A M E R I C A RESEARCH FOUNDATION J a n u a r y 28, 1982 295 TABLE OF C O N T E N T S Chapter I. Page GENERAL INTRODUCTION A. B. II. T h e D e p a r t m e n t o f E n e r g y ’s Natural Gas Analysis 3 1, D O E 's N a t u r a l G a s M a r k e t M o d e l 3 2. DOE's Macroeconomic Analysis 4 a. b. 4 5 Supply-Side Model Demand-Side Models The Basic Message: Economics . T r i c k l e Up THE I M P A C T OF D E C O N T R O L A. B. . . . 6 8 . . 1. Impact on Labor and Other S e c t o r s 2. I m p a c t on P r o d u c t i v i t y and Gas Production ............. 8 . . 11 ........... 12 D O E 1s S l e i g h t o f H a n d ............. 2. C. . D e t a i l s of the A n a l y s i s 1. III . 1 . . 14 Differential Treatments of C h a n g e s in G N P 14 D enial of Income T r a n s f e r E f f e c t s of D e r e g u l a t i o n . . 15 The Econometric Results • . 1. Similarities and Differences 2. E x p l a n a t i o n of the D i f f e r e n c e s . . . . . . . . . . 17 . 1 7 20 C O N C L U S I O N .............................................. 25 FOOTNOTES 26 296 L I S T OF T A B L E S T a b l e 1: S U M M A R Y OF THE M A C R O E C O N O M I C E F F E C T S OF FUL L D E C O N T R O L IN 198 2 OF N A T U R A L GAS PRI C E S Ta b l e 2: S U M M A R Y OF THE M A C R O E C O N O M I C E F F E C T S OF P H A S E D D E C O N T R O L OF N A T U R A L GAS P R I C E S T a b l e 3: S U M M A R Y OF THE E F F E C T OF D E C O N T R O L ON P R O D U C T I V I T Y A N D N A T U R A L GAS PRODUCTION T a b l e 4: T H E M A C R O E C O N O M I C E F F E C T S OF F U L L D E C O N T R O L D E P I C T E D IN T H R E E D I F F E R E N T MODELS T a b l e 5: T H E M A C R O E C O N O M I C E F F E C T S OF P H A S E D D E C O N T R O L IN T W O D I F F E R E N T M O D E L S 297 NATURAL GAS PRICE DEREGULATION: A CA S E OF T R I C K L E UP E C O N O M I C S I. GENERAL INTRODUCTION The d e c o n t r o l of n a t u r a l ga s p r i c e s m a y be the s i n g l e m o s t i m p o r t a n t e n e r g y p o l i c y d e c i s i o n of the 1980s, N a t u r a l gas is the d o m i n a n t h o u s e h o l d fuel, With more t han hal f the h o u s e h o l d s in A m e r i c a h e a ting, c o o k i n g and h e a t i n g water w i t h n a t u r a l gas, it a c c o u n t s for a l m o s t 55 p e r c e n t of all the e n e r g y u s e d in the home.'1' N a t u r a l ga s is also a p r i m e i n d u s t r i a l fuel, a c c o u n t i n g for 31 p e r c e n t of all the e n e r g y c o n s u m e d by industry. 2 S i n c e m a n y of the use s of n a t u r a l ga s are v i t a l to b as i c d a i l y a c t i v i t i e s and e c o n o m i c p r o c e s s e s , trol of n a t u r a l gas p r i c e s c ould h a v e a g r e a t e r the d e c o n impa c t on the n a t i o n ’s c o n s u m e r s and the e c o n o m y tha n an y ot h e r e n e r g y p r i c i n g p o l i c y decision, Thus, any d e c i s i o n to d e c o n t r o l n a t u r a l gas s h o u l d be b a s e d on a c a r eful, r i g o r o u s and o b j e c t i v e a n a l y s i s of the c o s t s and b e n e f i t s t h a t w i l l flow from s uch a d ecision. T h i s is no e a s y matter R e s p o n s i b l e a n a l y s i s of n a t u r a l g a s d e c o n t r o l is an e x t r e m e l y c o m p l e x task, The n a t u r a l g as m a r k e t itself, as w e l l as the link b e t w e e n e n e r g y and the e c o n o m y , c o m p l i c a t e d and not w e l l un d e r s t o o d , is B e y o n d that, the 298 - 2 - im pact of r i sing p r i c e s on the d i s t r i b u t i o n of w e a l t h is d i f f i c u l t to measure. F i n ally, the s p e c i a l i n t e r e s t s i n v o l v e d in any d e c i s i o n to d e c o n t r o l are e x t r e m e l y p o w e r f u l and p a s s i o n s run h i g h b e c a u s e so m u c h is at stake, A g r e a t dea l of i n f o r m a t i o n (and m i s i n f o r m a t i o n ) m u s t be sorted out, a n a l y z e d and e v a l u a t e d in order to c o n d u c t a prop e r analysis. Fortunately, the a n a l y s i s of the d e c o n t r o l of n a t u r a l gas need not be b a s e d on p u r e t h e o r y or guesswork, O v e r the p a s t decade, b e c a u s e e n e r g y p o l i c y has b e e n such a c r i t i c a l issue, the a n a l y t i c tools use d to e x a m i n e p o l i c y d e c i s i o n s ha v e b e e n g r e a t l y improved, Moreover, in the last five ye a r s the n a t i o n has e x p e r i e n c e d four m a j o r d e c o n t r o l decisi o n s : h e a t i n g oil (August 1978), cr u d e oil 1981) (May 1976), n a t u r a l gas (June 1979) and g a s o l i n e (January A track rec o r d has b e e n e s t a b l i s h e d w h i c h s h o u l d shed c o n s i d e r a b l e l i g h t on h ow the e n e r g y m a r k e t s and the e c o n o m y b e h a v e in the w a k e of decontrol, It s h o u l d also giv e cl u e s to w h i c h to o l s and a p p r o a c h e s b e s t p r e d i c t the outcome. W i t h this report, the C o n s u m e r E n e r g y C o u n c i l of A m e r i c a R e s e a r c h F o u n d a t i o n (CECA/RF) initiates a series of s t u d i e s w h i c h wi l l e x a m i n e the h i s t o r y of oil d e c o n t r o l and p r e d i c t i o n s ab o u t n a t u r a l gas d e c ontrol, C E C A / R F 1s s e r i e s of st u d i e s w i l l r e v i e w the r e c o r d of p r i c e p r o j e c ti o n s and p r i c e incr e a s e s , the s u p p l y and d e m a n d r e s p o n s e s and the e c o n o m i c and e q u i t y i m p a c t s of c r u d e oil d e c o n t r o l 299 - 3 - and c o n t r a s t them w i t h the v a r i o u s p r o j e c t i o n s for n a t u r a l gas decontrol, F u t u r e r e p o r t s w i l l also e x a m i n e the p o t e n t i a l and actual e f f e c t s of w i n d f a l l p r o f i t s taxes. Th i s initial report, h o w ever, d i f f e r e n t approach. takes a somewhat It e x a m i n e s ba s i c p h i l o s o p h i c a l , t h e o r e t i c a l and t e c h n i c a l a s p e c t s of the D e p a r t m e n t of E n e r g y ' s m o s t r e cent a n a l y s i s of n a t u r a l g as decontrol, 3 We b e l i e v e that there is a m e s s a g e of such s h o c k i n g s i g n i f i c a n c e in the DOE a n a l y s i s — that n a t u r a l gas d e c o n t r o l isn't tr i c k l e d o w n e c o n o m i c s , economics — that we will p o s t p o n e d i s c u s s i o n of a num b e r of issues (such as p r i c e p r o j e c t i o n s , el a s t i c i t i e s , it is t r i c k l e up s u p p l y and d e m a n d etc,) w h i c h s h o u l d be d e a l t w i t h first, and m o v e d i r e c t l y to the h e a r t of the matter, A. T h e D e p a r t m e n t of E n e r g y ' s Natural Gas Analysis 1. DOE *s N a t u r a l G a s M a r k e t Mo d e l Th e D e p a r t m e n t of E n e r g y ' s s t u d y of n a t u r a l gas d e c o n t r o l c o n s i s t s of two s e p a r a t e a n a l y t i c exercises, The first e x e r c i s e i n v o l v e s an a t t e m p t to m o d e l the n a t u r a l gas market. 4 T h a t is, u s i n g c e r t a i n a s s u m p t i o n s a b o u t p r o d u c t i o n costs, the g e o l o g i c a l a v a i l a b i l i t y of gas and the e c o n o m i c d e m a n d for gas, DOE p r e d i c t s the s u p p l y of and d e m a n d for gas und e r v a r i o u s d e c o n t r o l scenarios. 300 - 4 - 2« DOE's Macroeconomic Impact Analysis In the second ex e r c i s e , DOE use s the supply, d e m a n d and pr i c e p r e d i c t i o n s from its n a t u r a l gas m o d e l i n g e x e r c i s e a bove as inputs into the a n a l y s i s of the m a c r o e c o n o m i c impact of d e c o n t r o l , ^ The o b j e c t i v e is to p r e d i c t the impact of d e c o n t r o l on the G r o s s N a t i o n a l Product ( G N P ) , inflation, e m p l o y m e n t and ot h e r m e a s u r e s of the p e r f o r m a n c e of the economy, For the p u r p o s e s of the m a c r o e c o n o m i c a n a l y s i s , D OE uses three d i f f e r e n t models, one of w h i c h is c a l l e d a s u p p l y - o r i e n t e d m o d e l and two of w h i c h are c a l l e d d e m a n d o r i e n t e d models, D OE sees it, a. The d i f f e r e n c e b e t w e e n the m o d e l s , as is as follows: S u p p l y - S i d e Mo d e l The s u p p l y - s i d e m o d e l ( s p e c i f i c a l l y the H u d s o n / J o r g e n s o n D y n a m i c G e n e r a l E q u i l i b r i u m Model) is d r i v e n by s u p p l y c o n d i t i o n s -- the p r o d u c t i v i t y c o n d i t i o n s in the e c o n o m y and c h a n g e s in the s u p p l y of inpu t s for p r o d u c t i o n (i.e., the fact o r s of p r o d u c t i o n , s i m u l a t e the impact of d e c o n t r o l , by c h a n g e s in p o t e n t i a l G N P c a p i t a l and labor) tha t i m p a c t is m e a s u r e d (the o u t p u t t h a t c o u l d be a c h i e v e d if all fa c t o r s of p r o d u c t i o n w e r e f u l l y u t i lized) To 301 - 5 - b. Demand-Side Models T h e d e m a n d - s i d e m o d e l s ( s p e c i f i c a l l y the W h a r t o n A n n u a l and I n d u s t r y F o r e c a s t i n g M o del Model) [WAIFM] and the DRI are d r i v e n by d e m a n d c o n d i t i o n s -- the level of aggregate demand — to s i m u l a t e the imp a c t of d e c o n t r o l T he impact is t y p i c a l l y m e a s u r e d by c h a n g e s in act u a l GNP, c o n s u m p t i o n and employment, D O E ' s p r e f e r e n c e for the s u p p l y - o r i e n t e d m o d e l is q u i t e e v i d e n t in. its d i s c u s s i o n . Thi s r e p o r t will d e m o n s t r a t e that the d i f f e r e n c e s in the o u t p u t of the m o d e l s are not as g r e a t as DOE s u g g e s t s and tha t t h e y are real l y rela t e d to a rather d i f f e r e n t factor -- an a s s u m p t i o n a b out the w a g e - p r i c e spiral, E a c h of the a n a l y s e s , c o n n e c t i o n b e t w e e n them, as w e l l as the i n t e r is e x t r e m e l y complex. H owever, care f u l r e a d i n g of all of D O E ' s n a t u r a l ga s a n a l y s e s a d d i t i o n to the s t u d y itself, fin th e r e are four a p p e n d i c e s as w el l as s everal a t t a c h m e n t s and annexes) reveals numerous p o i n t s at w h i c h c r i t i c a l a s s u m p t i o n s are m a d e by DOE w h i c h d i c t a t e the n a t u r e of the r e s u l t s . points, At e a c h of these the a s s u m p t i o n c h o s e n by DOE is h i g h l y f a v o r a b l e to decontrol, We h a v e g r a v e d o u b t s ab o u t D O E ' s a s s u m p tions in bo t h the n a t u r a l gas m a r k e t a n a l y s i s and in the m a c r o e c o n o m i c a n a l y s i s and we b e l i e v e t hat th e s e a s s u m p t i o n s call into q u e s t i o n the v a l u e of the e n t i r e a n a l y s i s for d e c i s i o n m a k i n g . 21-496 0 83 20 302 - 6 - It w o u l d be m o s t l o g i c a l to b e g i n C E C A / R F 1s s e r i e s w i t h a c r i t i q u e of the g as m a r k e t m o d e l and then e x a m i n e the m a c r o e c o n o m i c analysis. H o w e v e r , we b e l i e v e that there, is a m e s s a g e a b o u t s u p p l y - s i d e e c o n o m i c s in D O E ’s s t u d y that is of such o v e r w h e l m i n g i m p o r t a n c e tha t we w i l l d e v o t e our first r e p o r t to a d i s c u s s i o n of D O E ' s m a c r o e c o n o m i c analysis, In o t her w ords, for the m o m e n t , we wi l l not q u e s t i o n D O E ' s a s s u m p t i o n s and p r o j e c t i o n s a b o u t the gas m a r k e t and w i l l c o n c e n t r a t e i n s t e a d on the i m p l i c a t i o n s of a s o - c a l l e d " s u p p l y - o r i e n t e d ” n a t u r a l gas p o l i c y for the economy. B. T h e B a s i c Message; Trickle Up Economics S u p p l y - s i d e e c o n o m i c s is t y p i c a l l y p r e s e n t e d as a s t r a t e g y for i n c r e a s i n g the n a t i o n a l e c o n o m i c pie, c r e a t i n g i n c e n t i v e s to s ave and invest, By it is a r g u e d t h a t all m e m b e r s of s o c i e t y ca n be m a d e b e t t e r off. T h a t is, the pie g e t s bigg e r and e v e r y o n e can b e n e f i t by t a k i n g a big g e r piece. Howe v e r , in o rder to e x p a n d the pie, it is n e c e s s a r y to tran s f e r r e s o u r c e s f r o m t h o s e w i t h a h i g h p r o p e n s i t y to c o n s u m e (low and m o d e r a t e i ncome groups) to th o s e w i t h a hig h p r o p e n s i t y to sav e (high i n c o m e groups) 6 In the f i r s t i n s tance, g r o u p that benefits. then, it is a small It is o n l y at s ome later date, if o u t p u t e x p a n d s and if r e s o u r c e s " t r i c k l e d o w n , " as D a v i d 303 - 7 Stockman admitted in the w i d e l y p u b l i c i z e d D e c e m b e r 1981 Atlantic Monthly article, t h a t th e g r e a t m a j o r i t y of citizens can benefit. In fact, D O E ' s o w n a n a l y s i s of n a t u r a l g a s decontrol shows that supply-side economics in th e n a t u r a l g a s m a r k e t is no t t r i c k l e d o w n e c o n o m i c s at all — t r i c k l e ujo e c o n o m i c s . it is W i t h a m a s s i v e t r a n s f e r of w e a l t h to g a s p r o d u c e r s , D O E ' s a n a l y s i s s h o w s t h a t t h e p i e m i g h t g e t a l i t t l e b i g g e r , b u t e v e n a f t e r 15 y e a r s o n l y t h o s e who own gas related capital services industry stocks) (i.e., o w n e r s of g a s w i l l be b e t t e r off. E v e r y o n e e l s e , i.e., la b o r and o w n e r s of n o n - g a s r e l a t e d c a p i t a l s e r v i c e s , w o u l d s t i l l be w o r s e o f f e v e n a f t e r 15 years. T h a t t h i s o u t c o m e is a b u n d a n t l y c l e a r , granting DOE's optimistic assumptions, even should be a cause of c o n c e r n to b o t h the s u p p o r t e r s an d o p p o n e n t s of s u p p l y - s i d e p o licy. in detail. L e t u s l o o k at t h i s t r o u b l i n g r e s u l t 304 - II. A. Details of 8 - THE IM P A C T OF D E C O N T R O L the An al y s i s T a b l e 1 p r e s e n t s the r e s u l t s of D O E ' s a n a l y s i s of t h e i m p a c t o f full d e c o n t r o l o n t h e a g g r e g a t e G N P a n d t h e d i s t r i b u t i o n of i n c o m e b e t w e e n o w n e r s o f c a p i t a l and labor. P o t e n t i a l G N P is p r o j e c t e d to i n c r e a s e b y $41 billion — or h a l f a p e r c e n t - - o v e r t h e 15 y e a r p e r i o d (in c o n s t a n t 1 9 8 0 d o l l a r s ) projected to d e c l i n e b y $53 b i l l i o n . non-gas-related capital billion, Labor's gross The i n c o m e is income of is p r o j e c t e d to d e c l i n e b y $28 w h i l e t he i n c o m e of g a s - r e l a t e d c a p i t a l is p r o j e c t e d to r i s e b y $ 1 2 2 b i l l i o n . T a b l e 2 p r e s e n t s the r e s u l t s of D O E ' s a n a l y s i s of accelerated/phased decontrol (a s c e n a r i o for d e c o n t r o l t h a t c l o s e l y a p p r o x i m a t e s the p r o p o s a l s b e i n g d i s c u s s e d for l e g i s l a t i o n in e a r l y 1 9 8 2 ) . t e d to i n c r e a s e b y $ 38 b i l l i o n year period. P o t e n t i a l G N P is p r o j e c ( 1 980 d o l l a r s ) Labor's gross income o v e r t h e 15 is p r o j e c t e d to d e c l i n e b y $35 b i l l i o n , w h i l e t h a t o f n o n - g a s - r e l a t e d c a p i t a l p r o j e c t e d to d e c l i n e b y $2 1 b i l l i o n . related capital The income of gas- is p r o j e c t e d to r i s e b y $95 b i l l i o n . To summarize this result simply, d o l l a r of a d d i t i o n a l c a pital gain, for e v e r y o n e income that h o l d e r s of g a s - r e l a t e d labor l o s e s fifty cen t s and h o l d e r s of non-gas-related capital side magic is (i.e., lose t w e n t y - f i v e cents. increasing investment) Supply- c r e ates the 305 - 9 Table 1 SUMM A R Y OF THE M A C R O E C O N O M I C E FFECTS OF FULL DECO N T R O L IN 1982 OF N A T U R A L GAS PRICES (Billions of 1980 Dollars) Chan g e s from the current p o l i c y situ a t i o n in: Real GNP G r o s s I ncome Labor Capital G a s - R e l a t ed Other 1982 - 8.5 -37,1 +33.4 - 4.8 1983 - 6,7 -33.0 +30.5 - 1984 - 5.5 -30.0 +29.3 - 4.8 1985 - 3.9 + 0.9 + 4.1 - 1986 + 5.1 + 2.3 + 4.3 - 1.4 1987 + 5.7 + 3.7 + 3.4 - 1.4 1988 + 5.1 + 3 r7 + 2.7 - 1.2 1989 + 5.7 + 4.4 + 2.7 - 1.2 1990 + 6.0 + 5.0 + 2.3 - 1.2 1991 + 5.3 + 4.6 + 2.0 - 1.2 1992 + 6.0 + 5.1 + 2.1 - 1.2 1993 + 6.6 + 6.9 + 0.9 - 1.2 1994 + 6.0 + 5.1 + 2.3 - 1.4 1995 + 6.0 + 5.1 + 2.1 - C u m u lative Effect +40.7 -53.3 + 1 22. 1 Source: U.S. DOE, M a c r o e c o n o m i c C o n s e q u e n c e s , p. I-ii, 4,3 1. 1 1.2 -27.8 - 10 - Table 2 S U M M A R Y OF TH E M A C R O E C O N O M I C E F F E C T S OF P H A S E D D E C O N T R O L OF N A T U R A L GAS PRICES ( Billions of 1980 Dollars) C h a n g e s f r o m t he c u r r e n t p o l i c y s i t u a t i o n in: Real GNP _____________G r o s s I n c o m e Labor ___________ C a p i t a l Gas-Related Other 1982 - 3.4 14 c7 + 13.1 00 1— 1 1 306 1983 - 6. 2 - 25.6 + :2 2.4 - 3. 0 1984 - 6.7 30.3 +28.2 - 4.6 1985 + 3. 9 0. 0 + 4 .8 - 0. 9 1986 + 5.3 + 1.6 + 5.1 - 1.4 19a? + 5.1 + 2.8 + 3,7 - 1. 4 1988 + 4.6 + .3.0 + 2.7 - 1.1 1989 + 5.1 + 3. 5 + 2,1 - 1.1 1990 + 5.3 + 4.1 + 2.5 - 1. 2 1991 + 4. 6 + 3. 7 + 2.0 - 1.1 1992 + 5.3 + 4.3 + 2.0 - 1.1 1993 + 4.3 + 3. 5 + 1.4 - 0.7 1994 + 5.3 + 4.3 + 2.1 - 1.1 1995 + 5.3 + 4. 4 + 2. 0 - 1. 1 Cumulative Effect +37.8 _ +94.7 -21.4 Source: 35.4 U.S. D O E , M a c r o e c o n o m i c C o n s e q u e n c e s # p. 1 - 4 3 . 307 - ll additional t w e n t y - f i v e c e n t s t h a t o w n e r s of g a s - r e l a t e d c a p i t a l gain. T h a t is, the p i e m a y g e t a l i t t l e b i g g e r as a r e s u l t of d e c o n t r o l , s m a l l e r piece. but just about everyone will get a In f act, the t r a n s f e r o f r e s o u r c e s (the losses in i n c o m e of l a b o r and o w n e r s of n o n - g a s i n d u s t r y stock) is n e a r l y t w i c e as l a r g e as th e i n c r e a s e total pie (the i n c r e a s e in G N P ) bottom line results after Moreover, in the t h e s e a r e the all c o s t s a n d b e n e f i t s o f decontrol have been considered. 1. I m p a c t on Labor and O t h e r Sec t o r s A c c o r d i n g to D O E ' s s t u d y , th e m a g n i t u d e o f th e g a i n s a nd l o s s e s is q u i t e s i m i l a r u n d e r e i t h e r phased decontrol. in b o t h cases, T h e p a t t e r n o f l o s s e s is a l s o s i m i l a r L a b o r l o s e s b i g in th e f i r s t t h r e e y e a r s , then recovers slightly, loser. Labor's losses $100 b i l l i o n f u l l or b u t s t i l l r e m a i n s t he b i g g e s t in t h e f i r s t t h r e e y e a r s t o t a l o v e r (in c o n s t a n t 1 9 8 0 d o l l a r s ) for f u l l d e c o n t r o l and $70 b i l l i o n for p h a s e d d e c o n t r o l . H o l d e r s of n o n - g a s - r e l a t e d c a p i t a l a r e s m a l l b u t steady losers. Their i n c o m e is r e d u c e d e v e r y y e a r for the e n t i r e 15 y e a r p e r i o d . concentrated in i n d u s t r i e s w h i c h ar e p r e s e n t l y u n d e r the greatest pressure — agriculture. years.^ T h e l o s s e s in i n c o m e a p p e a r to be automobiles, h o m e b u i l d i n g and T h o s e l o s s e s a r e g r e a t e s t in th e e a r l y 308 - 2. 1 2 - I m p a c t on P r o d u c t i v i t y an d G a s P r o d u c t i o n It is a l s o i m p o r t a n t to r e c o g n i z e th a t , to D O E ' s a n a l y s i s , these e f f e c t s of d e c o n t r o l -- the small i n c r e a s e in t he t o t a l p i e an d t h e m u c h l a r g e r bution according in i n c o m e - - w o u l d o c c u r w i t h o u t a m o u n t of n a t u r a l g a s p r o d u c e d p r o d u c t i v i t y in th e e c o n o m y redistri i n c r e a s i n g t he and w i t h o u t i n c r e a s i n g (se e T a b l e 3) In fact, productivity would actually d e c l i n e . T h e l o s s of G N P d u e to t h e r e d u c t i o n in p r o d u c tivi t y that w o uld result from d e c o n t r o l would be b e t w e e n ,5 a n d 1 p e r c e n t o v e r th e 15 y e a r p e r i o d . The losses w o u l d be c o n c e n t r a t e d in t h e e a r l y y e a r s . Further, a l t h o u g h d e c o n t r o l w o u l d l e a d to g r e a t e r s u p p l i e s o f g a s in t h e e a r l y y e a r s , supplies these w o uld be o f f s e t by lower in the l a t e r y e a r s a n d t o t a l s u p p l y o v e r th e p e r i o d w o u l d be a b o u t 1 p e r c e n t l o w e r t h a n u n d e r c o n t i n u a t i o n of th e N a t u r a l G a s P o l i c y Act. In sum, there c o uld be no bett e r e x a m p l e of a p o l i c y w h i c h is p u r e l y a r e d i s t r i b u t i v e s c h e m e t h a n natural gas decontrol, Unfortunately, decidedly negative message analysis, is b u r i e d it is n o t f u l l y r e f l e c t e d o f th e p o l i c y a l t e r n a t i v e s . Because although this in D O E ' s t e c h n i c a l in D O E ' s p r e s e n t a t i o n it is n ot, the p r e s e n t a t i o n of t h e p o l i c y a l t e r n a t i v e m a y m i s l e a d decisionmakers. was obscured. The next sec t i o n ex a m i n e s how the m e s s a g e 309 13 Table 3 SUMMARY OF THE EFFECT OF DECONTROL ON P R O DUCTIVITY AND N A TURAL GAS PRODUCTION Changes in P r o d u c t i v i t y 1 (from base, in %) Full Decontrol Accelerated/ Phased Decontrol D omestic Supply of Natural Gas ( in Billion Cubic Feet) 22 NGPA Unmodified Full Decontrol Accelerated/ Phased Decontrol (All New) ... 1982 ,32 ,13 18,147.6 18,426.9 18,243.9 1983 .34 ,26 17,365.4 17,906.9 17,815.0 1984 .37 ,34 16,881.8 17,611.5 17,544.2 1985 .08 .02 17,161.6 17,324.6 17,118.7 1986 .07 .02 17,431.2 17,289.8 17,167.7 1987 .03 .01 17,890.2 17,440.6 17,386.® 1988 .02 .01 17,884.3 17,539.2 17,524.6 1989 .01 + .01 17,803.8 17,436.7 17,364.4 + .03 17,649.7 17,144.5 17,185.2 1990 0 1991 .01 + .01 17,487.9 17,108.5 17,161.6 1992 + .02 + .04 17,430.8 16,929.5 16,992.8 1993 + .05 + .01 17,266.3 16,926.2 16,996.8 1994 + .04 + .04 17,24 5.5 16,719.8 16,799.5 1995 + .04 + .04 17,164.7 16,655.8 16,734.8 ^U.S. DOE, Macro e c o n o m i c C o n s e q u e n c e s , pp. 1-39, 1-45 2 U.S. DOE, Two Market A n a l y s i s , At t a c h m e n t 4. 310 - 14 B . D O E ' s S l e i g h t of H a nd The negative submerged and by DOE because of selective c h o s e n as behavior i m p l i c a t i o n s of d e c o n t r o l p r e s e n t a t i o n of its c e n t r a l for p o l i c y in t h e l o n g of actu a l G N P 1- the e v i d e n c e p r e s e n t e d billion over example, (discounted period loss as s m a l l 1980 rather the than terms Furthermore, of C h a n g e s $) p o t e n t i a l as a m a j o r in G N P o f $ 1 8 and term, or it in G N P the D e p a r t m e n t of E n ergy a 15 y e a r p e r i o d a possible evaluation to t h i s p r e c o n c e p t i o n . Differential Treatments For It h a s in t h e s h o r t a n d m i d the d i s t r i b u t i v e e f f e c t s of decontrol. tailors interpretation its o w n e v idence. criterion of p o t e n t i a l G N P the behavior its s u b j e c t i v e have been treats expansion benefit, billion over while a $10 in G N P it t r e a t s a three year insignificant: Full decontrol in 1982 creates substantial e f f i c i e n c y b e n e f i t s : $10 b i l l i o n (NPV) c o m p a r e d to c u r r e n t p o l i c y and $41 b i l l i o n (NPV) w h e n c o m p a r e d to c o n t i n u e d c o n t r o l s t o 1 9 9 5 . These efficiency g a i n s a r e s i g n i f i c a n t a n d p l a y a n i m p o r t a n t r o l e in the a n a l y s i s of m a c r o e c o n o m i c e f f e c t s of full decontrol. The efficiency gains are robust with respect to v a r y i n g assumptions about world oil p r ices and gas m a r k e t conditions. 8 Full decon t r o l of natural gas p r ices could also have s h o r t-term impacts on m e a s u r e d inflation, actual output, and unemployment. Th ese effects are n o t l i k e l y to be l a r g e a n d s h o u l d f a d e o v e r t i m e . Immediate decontrol is a l s o estimated to reduce real GNP by ,2 t o .6 p e r c e n t ($6 t o $ 1 8 b i l l i o n i n 1 9 8 0 $) a n d r a i s e t h e u n e m p l o y m e n t r a t e by ,1 t o ,2 p o i n t s i n t h e f i r s t t h r e e y e a r s o f decontrol. 9 311 - In p o i n t of fact, numbers from a so-called the opposite, GNP costs and to b a s e its a n a l y s i s supply-oriented model) First, repeatedly points out - the ana l y s t s who g e n e r a t e d upon which DOE opted they come quite 15 the that both report of these the p o t e n t i a l benefits were quite the (because stated analysts aggregate small N o n e of the c o n s e q u e n c e s of a c c e l e r a t e d d e c o n t r o l is l a r g e ? the costs are r e l a t i v e l y small and shortlived, w h i l e the b e n e f i t s are even smaller b u t s u s t a i n e d . 10 Furthermore, had to g o far o u t the in t h e same report noted future to r e v e r s e that one really the n e g a t i v e effects: It is important to note however, that the p r o j e c t i o n h o r i z o n m u s t be e x t e n d e d to 1990 before the early losses are o f fset by s u bsequent gains. It t a k e s a b o u t n i n e y e a r s for t h e o v e r a l l effects to become positive ( in p r e s e n t value terms) 11 2. Denial of Income Transfer of D e r e g u l a t i o n Even more misleading that DOE simply denied the d i s t r i b u t i v e uncertain Effects in D O E ' s analysis the e x i s t e n c e of effects of the policy. is t h e fact the e v i d e n c e on DOE claims to b e about those effects: A l t h o u g h t h e n e t b e n e f i t s o f f u l l d e c o n t r o l in 198 2 are $10 b i l l i o n ( N P V ) , the d i s t r i b u t i o n of t h e c o s t s a n d b e n e f i t s is l i k e l y t o b e u n e v e n . I t is d i f f i c u l t to e s t i m a t e t h e m a g n i t u d e a n d t h e d i s t r i b u t i o n of these effects among different s e c t o r s of the economy, regions, and s oc i a l and economic groups, The macroeconomic and e f f i c i e n c y a n a l y s e s sh ow that all f a m i l i e s could b e m a d e b e t t e r o f f a s a r e s u l t o f d e c o n t r o l . 12 312 16 - - The analysts who generated emphatic and insistent the numbers were about the d i s t r i b u t i o n of costs and benefits: Thus, accelerated decontrol involves a relative s h i f t of real i n c o m e or p u r c h a s i n g p o w e r f r o m the own e r s of labor services to the owners of capital s e r v i c e s and, a m o n g the l a t t e r , f r o m the o w n e r s o f o t h e r c a p i t a l a s s e t s to t h o s e h a v i n g c l a i m s o n the capital associated with domestic gas s u p p l y . 13 Other biases differential shifting i n D O E ’s a n a l y s i s of of time analysis frames in w h i c h s u c h as this, the m o s t tional models criticized assume doubt than below, (referred exaggerated time frame policies) to e r a s e models, later are models. the run over between the most to let initial which begin years In used time tradi are reason as w i l l to subject to be shown explained. favorable model compared positive factors. to s h o w s m a l l (for d e c o n t r o l little it the models have been small negative a shorter to say, is a n y l e s s fact, (for d e c o n t r o l in o r d e r little The more is r e a l l y and can be e a s i l y Furthermore, the are applied. to a s d e m a n d - o r i e n t e d ) There the differences a long Needless the s u p p l y - s i d e m o d e l the other and is p r e s e n t e d w i t h o u t d i s c u s s i o n favorable results. severely. that the m o d e l s which has been its l i m i t a t i o n s or c a v e a t s . produces in its treatment of m a c r o e c o n o m i c m o d e l s The supply-side model, for lie frame. to p r e s e n t factors build up The negative compared is r u n o v e r less favorable impacts in to p r e s e n t p o l i c i e s ) , There are some very 313 - good reasons to b e l i e v e 17 - that decontrol would negative impacts relative policies in t h e l a t e 1 9 8 0 s and in t h a t l a t e r p e r i o d . present policies will period is r e a l . after. analysis As n o t e d the e c o n o m e t r i c the m o d e l s pt i o n s on w h i c h t h e o r e t i c a l l y and section will clarifying, to d e c o n t r o l of t i m e frames the to that in t h a t in D O E ' s and important it is d i f f i c u l t A careful employed by DOE and (2) shows that technically explicable. than obscuring, and p i n p o i n t i n g economics the the a s s u m they are not that exist are The next the obj e c t i v e of their the m e s sage review of (1) the d i f f e r e n c e s analyze DOE's models with to a s s e s s important they send about in t h e n a t u r a l g a s m a r k e t . The Econometric Results 1. Similarities For the and rather supply-side C. the p o s s i b i l i t y results. they are based that different features bring more gas be a l e g i t i m a t e this obfuscation o u t p u t of all all above, in t h e e s t i m a t i o n o f e f f e c t s . Amid properly shifting obscures what may difference Thus, be p r e f e r a b l e The to to c o n t i n u a t i o n o f p r e s e n t c o n t i n u a t i o n of present poli c i e s would market lead all the fuss ma d e supply-oriented there simply sets of and about differences the d e m a n d - o r i e n t e d is n o t t h a t m u c h d i f f e r e n c e results comparable and D i f f e r e n c e s time for full d econtrol frame (9 y e a r s ) , between approaches, between (see T a b l e projected the two 4). changes Over a in G N P Table 4 THE MACROECONOMIC EFFECTS OF FULL DECONTROL DEPICTED IN THREE DIFFERENT MODELS (Change from Base Case) 1/ GNP (Percent) H/J 1982 .31 Inflation (Percentge Points) D W - .32 - .4 H/J 2.18 D W 1.7 2.5 Labor H/J2 .01 Investment (Percent) D3 W3 H/J D .1 .2 3.81 -1.1 3.28 -2.1 .5 3.35 -1.4 1.8 W .1 1983 - .24 - .61 .4 - .33 ,7 .4 .03 .2 1984 - .19 - .43 - .2 .24 .1 •2 .05 .2 1985 .13 .13 .4 -1.72 .9 -2.0 - .11 0.0 .41 .1 3.1 1986 .17 .37 - .3 - .06 - .9 - .5 .10 ,1 .40 1.2 ,3 1987 .18 - .08 .1 - .06 .2 - .3 - .08 .1 ,31 1988 .16 .07 .1 0.0 .1 0.0 .09 .1 1989 .17 - .13 0.0 .02 .1 .2 .08 0.0 1990 .18 - .17 A - .01 .1 0.0 .07 0.1 Cumulative Impacts Billions of Constant 1980 $ - -20.7 -39.7 ■ -27.7 +1.61 9 yçar +10.8 -40.5 --24.0 -.3 Explanatory Notes: .21 1.2 .16 1.2 1.6 0 ,1 ].0 -0.2 o.n Billions of Constant 1980 $ +2.5 +3.1 100 500 300 46.10 -13.1 1.6 .8 .1 700 300 0 54.0 -19.5 44.7 1/ H/J « Hudson/Jorgenson; W = Wharton; D = DRI Measured as percent decrease in labor supply. Measured as percentage point increase in unemployment. 2/ 3/ ,3 Job Losses (in thousands) % Change 3 year .1 0 315 - 19 range from +10.8 billion sound billion (constant large, percent 1980 of GNP. impacts largest they present less in t h e predicts Again, a small the d i r e c t i o n of $) to - 4 0 „ 5 these numbers may than one quarter agree on fairly first three years. a loss of loss predicted billion. 1980 Although All models supply-side model $39c7 $) they constitute negative GNP the (constant the numbers m a y the p r e d i c t e d The billion, while side models is sound f r a c t i o n of GNP. large, Further, impact a substantial $20,7 by the d e m a n d of is t h e but note that same — negative, The demand-oriented models runs of models increasing predict a sizable models differ year somewhat impact on percentage predictions If t h e r e occur in the model shows supply and decrease in the and labor and supply in i n v e s t m e n t both short and and long is t r e a t e d is o n in t h e to + .4). The longer terms, By as e n e r g y of supply-side term. $50 and The person years The billion implication, saving they in l a b o r 100,000 the order three their investment. is a b o u t three in t h e m o d e l s , areas, in the all f r o m + 1„6 steady decrease increase The of points) differences term and 7 0 0 , 0 0 0 increase in t h e m o d e l percentage investment a continuous in t h e ranging longer But inflation. predictions (increases are major labor in (-«2 p e r c e n t a g e p o i n t s a continuous short the in t h e i r to + 3 . 1 slightly in t h e e a r l y y e a r s , increase inflation points nine year inflation produce in investment labor saving. 316 - 20 - The demand-side models show somewhat different p a t t e r n s of u n e m p l o y m e n t and i n v e s t m e n t . increase T h e r e is a n e t in u n e m p l o y m e n t w h i c h p a r a l l e l s t he n e t d e c r e a s e in l a b o r s u p p l y p r o j e c t e d by t h e s u p p l y - s i d e model, However, the p a t t e r n is s o m e w h a t d i f f e r e n t . o r i e n t e d m o d e l s s how larger job losses (300,000-500,000) t h e l o n g ter m , in t h e s h o r t t e r m t h a n in the l o n g t e r m there The demand- (0-300,000) In is a s m a l l d e c r e a s e in i n v e s t m e n t in one demand-oriented model ($13 b i l l i o n ) the other T h e r e is a m a j o r d i f f e r e n c e ($45 b i l l i o n ) , a nd an i n c r e a s e in in t h e s h o r t t e r m e f f e c t s o f d e c o n t r o l o n i n v e s t m e n t in t h e d e m a n d - s i d e m o d e l s w h e n c o m p a r e d to t h e s u p p l y - s i d e models. The supply-oriented model shows a large rapid i n c r e a s e in i n v e s t m e n t , t h e d e m a n d - o r i e n t e d m o d e l s d o not. One shows a very s light increase, decrease. T h e a n a l y s i s of a c c e l e r a t e d / p h a s e d d e c o n t r o l exhibits similar patterns 2. the other shows a la r g e (see T a b l e 5), E x p l a n a t i o n o f the D i f f e r e n c e s It is e a s y to a t t r i b u t e t h e d i f f e r e n t b e h a v i o r of l a b o r a nd i n v e s t m e n t to the b a s i c p h i l o s o p h y u n d e r l y i n g the models. The supp ly -s id e mo de l was p r e mi se d on a t r a n s f e r of w e a l t h f r o m c o n s u m e r s (labor) to p r o d u c e r s (investors) w h i c h w a s a s s u m e d to b e p r o d u c t i v e . differences in r e s u l t s a re c o n s i s t e n t w i t h t h i s philosophy. In fact, The t h i s p h i l o s o p h i c a l d i f f e r e n c e is e m b o d i e d in a s i m p l e t e c h n i c a l a s s u m p t i o n m a d e b y t h e 0 1 Table 5 THE MACROECONOMIC EFFECTS OF PHASED DECONTROL DEPICTED IN TWO DIFFERENT MODELS 1/ (Change from Base) GNP (Percent) H/J Inflation (Percentage Points) _ D H/J Labor Investment (Percent) H/J2 D3 H/J .2 .01 0.0 1.53 D 1982 .12 .03 1983 .22 -.23 .8 .01 .1 2.40 1984 .23 .51 .8 .01 .2 3.22 1985 .13 .29 .9 .08 .2 .50 1986 .18 + .19 .7 .07 0.0 .51 1987 .16 + .22 .1 .07 ,1 ,34 1988 .14 .04 .1 .07 .1 .22 1989 .15 1990 .16 Cumulative Impacts Billions of Constant 1980 $ 0.0 .03 0.0 .07 0.0 ,21 .1 .06 0.0 .17 % Change Job Losses (in thousands) D Billions of Constant 1980 $ 3 Year -16.3 -22.5 na 1.8 10 300 31.6 na 9 Year +13.1 -18.1 na .1 430 300 41.4 na Explanatory Notes: 1/ H/J = Hudson/Jorgenson; W = Wharton 2/ Measured as percent decrease in labor supply T/ Measured as percentag^jgoint increase in unemployment 318 22 - authors does - of the e c o n o m e t r i c m o d e l s . not allow a pric e- wa ge -p ri ce The supply-side model spiral to o c c u r : F u r t h e r , n o p r i c e - w a g e - p r i c e s p i r a l m e c h a n i s m is included. This limits the p r o c e s s of a d j u s t m e n t and, hence, the o v erall price impact to t h a t w h i c h is s o l e l y a t t r i b u t a b l e t o t h e c h a n g e i n g a s p o l i c y . 14 The demand- o r i e n t e d m odels do permit pricewage-price spirals: In WAIFM [Wharton Annual and Industry F o r e c a s t i n g M o d e l ] , all c o s t c h a n g e s are p a s s e d t h r o u g h to th e f i n a l p r o d u c t p r i c e s i m m e d i a t e l y . Consumers must pay higher gas bills and face higher prices for o t her g o o d s and services, These direct and indirect price effects are only p a r t of the f inal p r i c e i nc rease. Seeing their real income fall, w o r k e r s d e m a n d higher wages. W a g e i n c r e a s e s , in turn, i n c r e a s e t h e c o s t s o f p r o d u c t i o n a n d p r o d u c t p r i c e s in f u t u r e p e r i o d s , g e n e r a t i n g a w a g e - p r i c e s p i r a l . 15 As the supply-side price-wage-price analysts spiral dampens impact. In fact, negative impact of d e c o n t r o l the aggregate would with on GNP will suffer a real loss n e c e s s a r y to p r e c l u d e shift resources The assume That in t h e is w h y t h e inflationary It a l s o d a m p e n s More spiral income; the (technically speaking, it importantly, ensures That is, the spiral m e c h a n i s m that the labor it is in o r d e r to investors. so-called demand-oriented models that, The models to in the not s h i f t as m u c h as spiral m e c h a n i s m ) . e x c l u s i o n of a p r i c e - w a g e - p r i c e excluding the pr o j e c t e d it d o e s m u c h m o r e . supply curve does the noted, short initial also assume term, w a g e s d o n o t k e e p up. reduction that, actually in r e a l in r e a l i t y , income occurs. in t h e long run, 319 - 23 w a g e s do t r y to k e e p u p w i t h p r i c e s . between the models respond to t h e by attempting increases The comes down increase to o f f s e t The difference to w h e t h e r in p r i c e s their losses assumes unsuccessful, even models that labor will assume very short run, but will revenues) through wage be that labor in t h e l o n g labor will (and p r o d u c e r and how e f f e c t i v e labor will supply-side model or n o t run. in s o d o i n g . will be totally The demand-side not be s u c c e s s f u l be l a r g e l y in t h e successful in t h e l o n g run. There between for are c er tainly other the models, but this one difference the m a j o r i t y of the d i f f e r e n c e s One can genuinely question conducting any analysis without mechanisms. omitting world Although the in f a c t that does not exist. The sensit i v i t y case, but output. the m e a n i n g f u l n e s s of analysts isolates assert the analysis excluding at best, it s h o u l d that impact of impact of decontrol price-wage-price mechanism would, esting account some price-wage-price spiral it t e s t s t h e should in t h e i r supply-side a price-wage-price decontrol, case p o i n t s of d i f f e r e n c e in a the be an i n t e r not be the base for d r a w i n g p o l i c y c o n c l u s i o n s . What makes that DOE does this not hesitate demand-oriented models not hesitate approach even more is the so-called for b ei n g u n r e a l i s t i c , to a l t e r b a s i c them accord with to c r i t i c i z e troubling and it d i d features of the m o d e l s to m a k e its c o n c e p t i o n of reality. To some 320 24 - extent, the a l t e r a t i o n s w e r e assumed, incorrectly, o p t i m u m use of gas? rect responses assumptions that - called industrial the models, to d e c o n t r o l . and c h anges for. The models users therefore, at t heir predict DOE properly the d i r e c t i o n of are alters incor the the m o d e l s 1 responses. Shouldn't DOE modified have exercised the s u p p l y - s i d e no m o r e realistic than demand-side models which DOE other words, rectly, doesn't that there therefore, make the a s s u m p t i o n s criticized assume, spiral is in t h e and changed. is n o p r i c e - w a g e - p r i c e In incor and, incorrect predictions? is t o r e n d e r reached by DOE qui t e positive there Such an a s s u m p t i o n the s u p p l y - s i d e model The net effect sions and assumption which contends is n o p r i c e - w a g e - p r i c e m e c h a n i s m ? certainly its j u d g m e n t the over a l l unrealistic. effects of d e c o n t r o l predicted s u p p l y - s i d e m o d e l m u s t be ques ti on ed . conclu In p a r t i c u l a r the by the u n r e a l i s t i c 321 - 25 III. Having analyzed CONCLUSION and D O E ’s e c o n o m e t r i c m o d e l s differences between and them, input Market Model, will be d i s c u s s e d series. important unrealistic, predicted again specification the Gas is i m p o s e d o n t h e e c o n o m e t r i c m o d e l s , above, this output the s i d e of e x t r e m e o p t i m i s m w i t h of d e c o n t r o l . to s t r e s s The o utput of in s u b s e q u e n t p a p e r s As noted some of the agree with DOE's to t h o s e m o d e l s . which the o u t p u t of reconciled it is that we do not n e c e s s a r i l y of thè interpreted If the o p t i m i s t i c then the negative in C E C A / R F ' s re p e a t e d l y errs on respect to the e f f e c t s assumptions prove impact of d e control by the m a c r o e c o n o m i c m o d e l s would be e v en larger. Notwithstanding of o v e r w h e l m i n g with importance its o p t i m i s t i c the s u p p l y - s i d e overall in g a s economy, in D O E ' s assumptions, analysis the negative approach are undeniable. fers of w e a l t h will increase this note of caution, occur, supplies, and society that dwarf with little the me ssage is t h a t e v e n i m pacts of Massive increase declining productivity losses any gains argument is t r i c k l e d o w n suggests the p o l i c y w o u l d be trans in G N P , in t h e in i n c o m e b y m o s t g r o u p s in GNP. in n a t u r e ; The theoretical the trickle up analytic work in e f f e c t . in no 322 - 26 FOOTNOTES ^U.S. D e p a r t m e n t of Energy, R e s i d e n t i a l E n e r g y C o n s u m p t i o n S u r v e y , P a r t I, N a t i o n a l D a t a , A p r i l 1 9 81, T a b l e I. 2 U.S. D e p a r t m e n t of E n e r g y , M o n t h l y E n e r g y R e v i e w , O c t o b e r 1 9 8 1 , pp. 23, 25, T h i s p e r c e n t a g e is b a s e d o n t h e i n d u s t r i a l s e c t o r d i r e c t c o n s u m p t i o n for all e n e r g y e x c e p t e l e c t r i c i t y plus the indir e c t c o n s u m p t i o n of n a t u r a l gas for e l e c t r i c i t y g e ne ra ti on . 3U.S. D e p a r t m e n t of Energy, A S t u d y of A l t e r n a t i v e s to the N a t u r a l G a s P o l i c y A c t of 1 9 7 7 , N o v e m b e r 1981; Two M a r k e t A n a l y s i s of N a t u r a l G a s Decontrol: A p p e n d i x A , N o v e m b e r 1981; M a c r o e c o n o m i c C o n s e q u e n c e s of N a t u r a l G a s D e c o n t r o l , A p p e n d i x C , N o v e m b e r 1981. 4 U.S. DOE, T w o M a r k e t A n a l y s i s . 5U.S. DOE, Macroeconomic Consequences 6H u d s o n / J o r g e n s o n A s s o c i a t e s , c o n t r a c t o r for D O E ' s s u p p l y - o r i e n t e d study, s t a t e s the a r g u m e n t t e r s e l y for the case of natural gas price decontrol. In the n a t u r a l g a s case, hou s e h o l d c o n s u m p t i o n goes down, w h i l e industry i n c o m e ( t h e r e f o r e s a v i n g s a n d i n v e s t m e n t ) g o e s u p (U.S, DOE, M a c r o e c o n o m i c C o n s e q u e n c e s , 1-24): A c c e l e r a t e d d e c o n t r o l p r o m o t e s a n e x p a n s i o n in the p r o d u c t i v e c a p a c i t y of the e c o n o m y as real i n v e s t m e n t i n a l l y e a r s is h i g h e r t h a n i n t h e R e f e r e n c e or p r e s e n t p o l i c y case. . All other things being equal, the change in c a p ital supply inc r e a s e s the o u t p u t and real income that the e c o n o m y can achieve. Indeed, this rise in c a p i t a l availability is t h e p r i n c i p a l m e c h a n i s m that r e duces the e a r l i e r ec o n o m i c costs and s e c u r e s the c o n t i n u i n g ec o n o m i c b e n e f i t of acc e l e r a t e d natural gas price decontrol. I n t h e 1 9 8 2 t o .1984 p e r i o d , p r i v a t e s a v i n g s and i n v e s t m e n t increase s u b s t a n t i a l l y . There is a s u b s t a n t i a l r i s e in g a s - r e l a t e d c a p i t a l i ncome, i.e., i n c o m e to g a s s u p p l i e r s . That is reflected in h i g h e r dividends from and r e t a i n e d e a r n i n g s in t h e s e i n d u s t r i e s . The u p w a r d m o v e m e n t in p r i c e s a l s o l e a d s t o s o m e i n c r e a s e in o t h e r c a p i t a l i n c o m e a n d n o m i n a l rates of return. From each of these sources t h e r e is a r i s e i n p r i v a t e i n c o m e . Decontrol l e a d s to h i g h e r e n e r g y p r i c e s , to h i g h e r c o s t s and to h i g h e r output prices, raising the 323 A - 2 7 - average price of consumption goods and services. Households increase their c o n s u m p t i o n o u t l a y s b u t n o t by e n o u g h to offset the higher prices ( t h e r e is a s m a l l r e d u c t i o n in r e a l c o n s u m p t i o n ) 7 I b i d ., p. 111-19. Q U.S. D O E , A S t u d y o f A l t e r n a t i v e s , p. 9 I b i d „, p. 10U.S. DOE, ^Ibid., p. 23, 27. M a c r o e c o n o m i c C o n s e q u e n c e s , p. I -15. I-iii. 12tU . S . DOE, 13r * U.S. D O E , M a c r o e c o n o m i c C o n s e q u e n c e s , p. A S t u d y o f A l t e r n a t i v e s , p. 1 4 I b i d . , p. 1 - 1 8 . 1 5 I b i d . , p. 1 1 1 - 1 0 . \ \ 30. I -iii. 324 THE P AST AS P R O L O G U E I THE U N D E R E S T I M A T I O N OF P R ICE I N CREASES IN T H E D E C O N T R O L D E B A T E : A C o m p a r i s o n of Oil a n d N a t u r a l Gas P r e p a r e d by: C O N S U M E R E N E R G Y C O U N C I L OF A M E R I C A RESEARCH FOUNDATION F e b r u a r y 18, 198 2 325 CONTENTS Introduction 1 T he Tr a c k R e c o r d of Oil D e c o n t r o l 2 Carter's Failure 3 Ford's Failure 6 R e a g a n 1s F a i l u r e 7 Natural Gas Price P ro jections 8 Price Increases and Economic Impacts 15 Summary and Conclusions 18 Footnotes 20 L I S T OF I L L U S T R A T I O N S Figure 1 4 Figure 2 9 Figure 3 10 326 T H E P A S T AS P R O L O G U E I T H E U N D E R E S T I M A T I O N OF P R I C E I N C R E A S E S IN T H E D E C O N T R O L D E B A T E : A C o m p a r i s o n of Oil and N a t u r a l G a s Introduction O n e of the m o s t c r i t i c a l i s s u e s in e s t i m a t i n g the i m p a c t of e n e r g y p r i c e d e c o n t r o l d e c i s i o n s o f the m a g n i t u d e of the p r i c e each p olicy alternative, is the p r o j e c t i o n increase that will f low fr o m The s i z e of the p r i c e increase d e t e r m i n e s the i m p a c t of d e c o n t r o l on the e c o n o m y and on t he d i s t r i b u t i o n of n a t i o n a l w e a l t h (equity) In o t h e r r e p o r t s , the C o n s u m e r E n e r g y C o u n c i l of A m e r i c a R e s e a r c h F o u n d a t i o n (CECA/RF) a n a l y z e s the e c o n o m i c a nd e q u i t y i m p a c t s of r i s i n g e n e r g y pric e s . This r e p o r t f o c u s e s on the i s s u e of m a k i n g realistic price projections. T h i s m u s t be the s t a r t i n g p o i n t f or a n y i m p a c t a n a l y s i s . It s h o u l d be n o t e d at the o u t s e t t h a t p r e d i c t i n g e n e r g y p r i c e c h a n g e s as a r e s u l t of d e c o n t r o l business, is an " i f f y " D ue to the f a c t t h a t m a n y u n p r e d i c t a b l e v a r i a b l e s affect energy prices, m a r g i n of error. projections typically have a wide M o r e o v e r , m a t t e r s a re m a d e w o r s e b y t he f a c t t h a t t h o s e - w h o s u p p o r t d e c o n t r o l of e n e r g y p r i c e s a re l i k e l y to u n d e r e s t i m a t e p r i c e increases; b y the s a m e toke n , t h o s e w h o o p p o s e d e c o n t r o l are l i k e l y to o v e r e s t i m a t e them. T h e c o m b i n a t i o n of g e n u i n e u n c e r t a i n t y in the e n e r g y m a r k e t a n d s e l f - i n t e r e s t e d b i a s in m u c h of the d a t a m a k e s it 327 - 2 - e x t r e m e l y d i f f i c u l t to s o r t o u t the g o o d f r o m the bad p r i c e projections. Fortunately, however, we no l o n g e r h a v e to a p p r o a c h e n e r g y p r i c e p r e d i c t i o n s in a v a c u u m . Over the past decade three different administ ra ti on s have made energy decontrol decisions. T h e r e is a r e c o r d of the p r e d i c t i o n s m a d e p r i o r to t h o s e d e c o n t r o l d e c i s i o n s and the r e a l i t y of t he p r i c e increases that resulted from decontrol. B y c o m p a r i n g the two, we c a n g l e a n at l e a s t s o m e idea of the m a g n i t u d e of e r r o r in e a c h s e t of p r e d i c t i o n s . Further, if the e r r o r s c a n be r e l a t e d to l o g i c a l or s y s t e m a t i c f a c t o r s , o u r a b i l i t y to p r e d i c t f u t u r e p r i c e s w i l l be i m p r o v e d b y a n a l y z i n g a nd s t u d y i n g them. In p a r t i c u l a r , we c a n l e a r n w h i c h a s s u m p t i o n s a p p e a r to be m o s t a p p r o p r i a t e for m a k i n g p r e d i c t i o n s . In t h i s r e p o r t the C o n s u m e r E n e r g y C o u n c i l of A m e r i c a R e s e a r c h F o u n d a t i o n e x a m i n e s t h e t r a c k r e c o r d of p r e v i o u s oil d e c o n t r o l d e c i s i o n s and d r a w s s o m e i m p l i c a t i o n s for the a n a l y s i s of n a t u r a l g a s d e c o n t r o l . T he T r a c k R e c o r d of Oil D e c o n t r o l In 1976, oil p r i c e s . the F o r d A d m i n i s t r a t i o n d e c o n t r o l l e d h e a t i n g In 1979, t he C a r t e r A d m i n i s t r a t i o n i n i t i a t e d the p h a s e d d e c o n t r o l of c r u d e oil p r i c es . In 1981, the R e a g a n A d m i n i s t r a t i o n f i n a l i z e d the d e c o n t r o l of g a s o l i n e p r i c e s . (Ac t u a l l y, t he R e a g a n A d m i n i s t r a t i o n f i n a l i z e d t he p h a s e - i n of c r u d e oil p r i c e d e c o n t r o l , but, s i n c e g a s o l i n e w a s the 328 - 3 o n l y c o n t r o l l e d p r o d u c t at t h a t time, t r o l l e d g a s o l i n e prices,.) m a d e a b o u t the p r i c e that would ensue. predictions in e f f e c t it d e c o n On e a c h o c c a s i o n a p r e d i c t i o n w a s i n c r e a s e a n d / o r the i n f l a t i o n a r y i m p a c t As F i g u r e 1 s h o w s , is u n i f o r m l y d i s m a l . t he r e c o r d of t h o s e Predicted price increases w e r e a b o u t o n e - h a l f of t he a c t u a l i n cr ea s e s , Below CECA/RF e x a m i n e s the b a s i s for the p r e d i c t i o n s a n d / o r t h e i r e r r o r s o r d e r to g a i n an i m p o r t a n t in i n s i g h t into e n e r g y p r i c i n g behavior. Carter's Failure The Carter Admin i s t r a t i o n ' s f a i l u r e to p r e d i c t the i m p a c t of d e c o n t r o l c a n be p a r t l y a t t r i b u t e d to the e r r a t i c b e h a v i o r of f o r e i g n o il p r i c e s , altho u g h one should not d i s c o u n t the role of d o m e s t i c / m u l t i n a t i o n a l o il c o r p o r a t i o n s in p a v i n g the w a y for the s u p p l y s h o r t a g e of 1 9 7 9 , ^ Nevertheless, a g r e a t d e a l of the r h e t o r i c s u r r o u n d i n g c r u d e o i l d e c o n t r o l w a s t h a t c o m p e t i t i v e p r e s s u r e s a nd the r e l e a s e of m a r k e t f o r c e s w o u l d m o d e r a t e p r i c e i n c r e a s e s . 2 These f o r c e s c e r t a i n l y d i d n o t p r o v i d e m u c h p r i c e p r o t e c t i o n and one must q ue stion whether, However, in fact, t h e y e x i s t at all, b e c a u s e f o r e i g n oil p r i c e s w e r e r i s i n g rapidly, t he d e c o n t r o l of c r u d e o il u n d e r P r e s i d e n t C a r t e r d o e s n o t s e r v e as a g o o d t e s t of w h e t h e r m a r k e t f o r c e s c a n m o d e r a t e p r i c e increases in e n e r g y m a r k e t s . oil decontrol, however, On the two o t h e r o c c a s i o n s of the e r r o r s in p r e d i c t i o n c a n n o t be a t t r i b u t e d to f o r e i g n p r i c e i n c r e a s e s , FIGURE X COMPARING PREDICTED AND AC T U A L PRICE INCREASES ASSOCIATED WITH TritS"VARIOUS STAGES OF OIL DECONTROL HEATING OIL PRICE INCREASES APRIL 1976 to APRIL 1979 (Percent increase) 48.6 CRUDE OIL PRICE INCREASE IMPACT ON THE CONSUMER PRICE INDEX: APRIL 1979 to JUNE 1980 (Percentage Points) GASOLINE PRICE INCREASES: JANUARY Ì9Ó1 fcpAMARCH 1981 (Percent increase) 25.8 9.4 75 SUPPORTER'S rea PREDICTION: FORD a/ ADMINISTRATION “ lity - / SOURCES: See following page 3.9 1.8 n d/ S U P P O R T E R 'S R EALITY— PREDICTION: CARTER ADMINISTRATION*-:' n SUPPORTER'S REALITY—b/ PREDICTION: REAGAN ADMINISTRATION®/ 330 - 5 N O T E S TO F I G U R E 1 a G o r m a n Smi t h , " H e a r i n g s , " C o m m i t t e e on I n t e r s t a t e and F o r e i g n C o m m e r c e , H.R. Doc. No, 9 1 2 1 - 1 3 1 (June 22, 1976), p. 38. ^ M ER, v a r i o u s issues. c " T e s t i m o n y of C h a r l e s L. S h u l t z e , C h a i r m a n , C o u n c i l of E c o n o m i c A d v i s o r s , b e f o r e t h e J o i n t E c o n o m i c C o m m i t t e e , S u b c o m m i t t e e on E n e r g y , U.S. C o n g r e s s , A p r i l 25, 1979. ^ C o n g r e s s i o n a l B u d g e t O f f i c e , l e t t e r f r o m A l i c e M. R e i n l i n to S e n a t o r E d w a r d M. K e n n e d y , " I m p a c t of E n e r l g y P r i c e s a n d I n f l a t i o n on A m e r i c a n F a m i l i e s , " h e a r i n g s b e f o r e the S u b c o m m i t t e e on E n e r g y of the J o i n t E c o n o m i c C o m m i t t e e , C o n g r e s s of the U n i t e d S t a t e s , J u l y 8, 1980. e W a l l S t r e e t J o u r n a l , " D e c o n t r o l of Oil P r i c e s E x p e c t e d T o d a y , " J a n u a r y 28, 1981. 331 - 6 - Ford's Failure T h e Ford A d m i n i s t r a t i o n p r e d i c t e d t h a t h e a t i n g oil p r i c e s w o u l d go up b y no m o r e t h a n the i n c r e a s e in the p r i c e of c r u d e oil a f t e r t h e y w e r e d e c o n t r o l l e d in M a y 1 9 7 6 . ^ That is, w h a t e v e r h a p p e n d e d to c r u d e oil p r i c e s w o u l d h a p p e n to h e a t i n g oil p r i c e s as well, e x t e r n a l p r i c e shocks, H e r e t h e r e c a n be no q u e s t i o n of T h e a r g u m e n t p u t f o r w a r d at the t i m e w a s t h a t c o m p e t i t i o n w o u l d p r e v e n t h e a t i n g oil p r o d u c e r s / d i s t r i b u t o r s f r o m r a i s i n g p r i c e s h i g h e r t h a n the i n c r e a s e in c r u d e oil costs. The A d m i n i s t r a t i o n contended that d i s t r i b u t o r s of h e a t i n g o i l w o u l d c o m p e t e b o t h w i t h o n e a n o t h e r and w i t h a l t e r n a t i v e f u e l s to p r e s e r v e and e x p a n d t h eir m a r k e t s . Therefore, they would put pressure on p r o d u c e r s to h o l d the p r i c e of h e a t i n g oil down. In fact, the oil i n d u s t r y f o u n d s o m e w a y to c r e a t e p r i c e i n c r e a s e s 4 t w i c e as l a r g e as the c r u d e oil i n c r e a s e s . A n a l y s e s of t he i n c r e a s e s in h e a t i n g oil p r i c e s in e x c e s s of the i n c r e a s e in c r u d e p r i c e s s h o w t h a t b e t w e e n o n e - f i f t h and t h r e e - q u a r t e r s of the i n c r e m e n t w a s d u e to s o m e t h i n g o t h e r t h a n i n c r e a s e s in p r o d u c t i o n or o p e r a t i n g costs.5 In o t h e r w o r d s , p rofit margins, t h e r e a p p e a r e d to be i n c r e a s e s in Thus, c o m p e t i t i v e press u r e s had once again f a i l e d to k e e p p r i c e s down. On the c o n t r a r y , decontrol in the a b s e n c e of c o m p e t i t i v e p r e s s u r e s s e e m s to h a v e e n a b l e d p r o d u c e r s and r e f i n e r s to i n c r e a s e t h e i r p r o f i t s . 332 - 7 - Reagan's Failure In J a n u a r y 1981, the R e a g a n A d m i n i s t r a t i o n f i n a l i z e d the d e c o n t r o l of g a s o l i n e w i t h the a s s u r a n c e t h a t g a s o l i n e prices would rise, at m o s t , by f i v e c e n t s a g a l l o n . (- The a d m i n i s t r a t i o n c o n t e n d e d t h a t c o m p e t i t i o n at the p u m p w o u l d k e e p p r i c e s down. actual price Nothing However, w i t h i n les s t h a n two m o n t h s , the i n c r e a s e wa s m o r e t h a n d o u b l e t h a t a m o u n t , 7 u n u s u a l w a s g o i n g on in the w o r l d oil m a r k e t at t h a t moment — in fact, p r i c e s w e r e d e c l i n i n g s l i g h t l y and t h e r e w e r e no r e g u l a t i o n s to b l a m e , decontrolled. Yet, s i n c e oil w a s n o w c o m p l e t e l y p r i c e s w e n t up b y m o r e t h a n 12 c e n t s a ga l l o n . H e r e it is i m p o r t a n t to a d d r e s s a m y t h t h a t h a s g r o w n up a r o u n d the R e a g a n g a s o l i n e d e c o n t r o l a c t i o n of J a n u a r y 1981. The s u p p o r t e r s of d e c o n t r o l a re fon d of p o i n t i n g o u t th a t a f t e r g a s o l i n e p r i c e s p e a k e d in M a r c h 1981, d e c l i n e d by 2.2 p e r c e n t t h r o u g h Oct o b e r . decontrol is claim e d , they A g r e a t v i c t o r y for The cl a i m does not stand even a m o d e s t d e g r e e of s c r u t i n y , First, b e t w e e n M a y 1979, of c r u d e oil b e g a n , "peaked," the m o n t h b e f o r e d e c o n t r o l and M a r c h 1981, w h e n g a s o l i n e p r i c e s p r i c e s h a d r i s e n b y 60 c e n t s a g a l l o n $ , 7 9 1 / g a l l o n to $ 1 . 3 8 8 / g a l l o n ) (from It is h a r d l y a m a j o r v i c t o r y if p r i c e s t h e n d r o p b y 3.5 c e n t s or a b o u t o n e t w e n t i e t h of the i n c r e a s e of the p r e v i o u s be v e r y s t r o n g two years. Market forces cannot if it t a k e s a n e a r d o u b l i n g of p r i c e s to g e t t h e m to m o v e d o w n w a r d a f r a c t i o n , 333 - Second, the fall 8 - in p r i c e s o b s e r v e d h a v e b e e n t o t a l l y u n r e l a t e d to d e c o n t r o l in 1 981 s e e m s to The y e a r b e f o r e R e a g a n ' s d e c o n t r o l a c t i o n , g a s o l i n e p r i c e s fell b y 2 p e r c e n t from their peak in J u l y 1980 to t h e i r f l o o r in N o v e m b e r (see F i g u r e 2) In fact, p r i c e s h a d b e e n q u i t e s t a b l e 1980 t h r o u g h o u t the l a t t e r p a r t of 1980, p r i o r to R e a g a n decontrol, T he R e a g a n d e c o n t r o l a c t i o n s e e m s to h a v e e n a b l e d g a s o l i n e p r i c e s to j u m p 12 c e n t s , p a t t e r n of s e a s o n a l m o d e r a t i o n . t h e n f o l l o w t h e i r usu a l A careful l ook at the h i s t o r y of g a s o l i n e p r i c e s s h o w s tha t in 1975, 1980 and 1981 t h e r e w a s a d e c l i n e r a n g i n g f r o m 1 to 3 p e r c e n t — 1976, in g a s o l i n e p r i c e s -- b e t w e e n t h e i r p e a k in the s u m m e r and t h e i r v a l l e y in the f o l l o w i n g w i n t e r . p a t t e r n a p p e a r s to be s e a s o n a l decontrol Thus, 1977, g T he r a t h e r t h a n b e i n g r e l a t e d to the v i c t o r y t h a t is c l a i m e d for d e c o n t r o l is an illusion, It a p p e a r s t h a t b o t h R e p u b l i c a n and D e m o c r a t i c a d m i n i s t r a t i o n s h a d s e r i o u s l y o v e r e s t i m a t e d the s t r e n g t h of c o m p e t i t i v e and m a r k e t f o r c e s and s e r i o u s l y u n d e r e s t i m a t e d the a b i l i t y of the d o m e s t i c e n e r g y i n d u s t r y to i m p o s e p r i c e increases in e x c e s s of w h a t a c o m p e t i t i v e s i t u a t i o n w o u l d h a v e a llowed. Natural Gas Price Projections A g a i n s t thi s t r a c k record, the c u r r e n t f l u r r y of p r e d i c t i o n s a b o u t n a t u r a l gas d e c o n t r o l is m o s t i n t e re s ti ng , F i g u r e 3 p r e s e n t s a n u m b e r of r e c e n t p r o j e c t i o n s of the 21-496 0 83 22 334 - 9 - FIGURE 2 GASOLINE PRICES 19 7 8 - 1 9 8 1 $/Gallon January 1978 SOURCE: U.S. D e p a r t m e n t of Energy, January 1981 M o n t h l y E n e r g y R e v i e w , v a r i o u s issues. FIGURE ] PRICE INCREASES PROJECTED fcg ft RESULT OF NATURAL GAS DECONTROL PEHCENTAGE REAL PRICE INCREASE IH THE FIRST VEAR AFTER DECONTROL ACCELERATED DECONTROL FULL DECONTROL PERCENTAGE REAL PRICE INCREASE IH TtfE FIRST THREE ^ EARS AFTER DECONTROL ACCELERATED DECONTROt. FULL DECONTROL I CO CO C7Ì SOURCESt 80a following page 336 - li - N OTES TO FIGURE 3 ^ G l e n n C. Lou r y , A n A n a l y s i s o f the E f f i c i e n c y and I n f l a t i o n a r y I m p a c t of the D e c o n t r o l of N a t u r a l G a s P r i c e s , ( N a t u r a l G a s S u p p l y A s s o c i a t i o n [ N G S A l , A p r i l 1981 ) . Ful1 d e c o n t r o l is S c e n a r i o 4. A c c e l e r a t e d d e c o n t r o l is S e n a r i o 6, T h e l a t t e r is t a n t a m o u n t to a f o u r y e a r p h a s e - i n . 2 U.S. D e p a r t m e n t of E n e r g y , Tw o M a r k e t A n a l y s i s of N a t u r a l G a s D e c o n t r o l , A t t a c h m e n t 3, N o v e m b e r 1981. ^ I n t e r s t a t e N a t u r a l G a s A s s o c i a t i o n of A m e r i c a , A n a l y s i s of N a t u r a l G a s D e c o n t r o l , D e c e m b e r 1, 1981. C a s e J, w h i c h is the s c e n a r i o p r e f e r r e d b y I N G A A (see S u p p l e m e n t a l S t a t e m e n t on B e h a l f of the I n t e r s t a t e N a t u r a l G a s A s s o c i a t i o n of A m e r i c a , S e n a t e C o m m i t t e e on E n e r g y and N a t u r a l R e s o u r c e s o n the I m p l e m e n t a t i o n o f T i t l e I of the N a t u r a l G a s P o l i c y A c t , D e c e m b e r 1, 1981) 4 U.S. D e p a r t m e n t of E n e r g y , .R e d u c i n g U.S. Oil Vulnerability: E n e r g y P o l i c y for the 1 9 8 0 ' s ( N o v e m b e r 10, 1 9 8 0 ) , C h a p t e r II. 5M a r y H. N o v a k , " N a t u r a l Gas : S h o u l d t h e N G P A Be R e o p e n e d , " D a t a R e s o u r c e s I n c . , S p r i n g 1981, D e c o n t r o l - 1 9 8 2 Scenario. ^Wharton Econometric Forcasting Associates, D u n ' s B u s i n e s s M o n t h , N o v e m b e r 1981, p. 56. c i t e d in ^Energy Action Educational Foundation, The Decontrol of N a t u r a l Gas Prices: A Price American's Can't Afford ( F e b r u a r y 19, 1981) g T h e A m e r i c a n G a s A s s o c i a t i o n , C o s t of I m m e d i a t e T o t a l W e l l h e a d P r i c e D e c o n t r o l of N a t u r a l G a s to L o w I n c o m e and D i s a d v a n t a g e d G r o u p s , A p r i l 9, 1981. 9 S ee A p p e n d i x A. 337 - 1 .2 - i n c r e a s e in a v e r a g e w e l l h e a d p r i c e s in the f i r s t y e a r and the f i r s t t h r e e y e a r s f o l l o w i n g b o t h a c c e l e r a t e d d e c o n t r o l and full d e c o n t r o l , The r a n g e of e s t i m a t e s is e x t r e m e l y wide. T he h i g h e s t e s t i m a t e for the f i r s t y e a r i n c r e a s e u n d e r an accelerated decontrol scenario l a r g e as the lowest, is m o r e t h a n t e n t i m e s as For full d e c o n t r o l , the h i g h e s t e s t i m a t e of the f i r s t y e a r i n c r e a s e is six t i m e s as l a r g e as the lowest, E s t i m a t e s of the t h r e e y e a r i n c r e a s e s do not v a r y as w i d e l y . The h i g h e s t e s t i m a t e d i n c r e a s e for accelerated decontrol is 3,7 t i m e s t h a t of the l o w e s t , w h i l e u n d e r full d e c o n t r o l the h i g h e s t e s t i m a t e is 3.6 t i m e s the lowest. F u l l d e c o n t r o l and the t h r e e y e a r a c c e l e r a t e d d e c o n t r o l e s t i m a t e s a re p r o b a b l y b e t t e r g a u g e s of the d i f f e r e n c e s of o p i n i o n a b o u t l i k e l y p r i c e i n c r e a s e s t h a n the e s t i m a t e s a f t e r j u s t o n e y e a r of a c c e l e r a t e d d e c o n t r o l , This is the c a s e b e c a u s e the v a r i o u s a c c e l e r a t e d d e c o n t r o l s c e n a r i o s w h i c h C E C A / R F h a s r e v i e w e d are b a s e d on s o m e w h a t d i f f e r e n t a s s u m p t i o n s a b o u t w h i c h c a t e g o r i e s of g a s w i l l be d e c o n t r o l l e d a n d w h a t the p a c e of d e c o n t r o l w i l l be, However, the a c c e l e r a t e d s c e n a r i o s b e g i n to c o n v e r g e in the t h i r d y e a r in t e r m s of the q u a n t i t i e s of g a s d e c o n t r o l l e d and the c e i l i n g p r i c e s a l l o w e d , so t h a t t h e s e p r i c e e s t i m a t e s are b a s e d on r o u g h l y c o m p a r a b l e c o n d i t i o n s , As F i g u r e 3 s h o w s , example, s u p p o r t e r s of d e c o n t r o l the N a t u r a l Gas S u p p l y A s s o c i a t i o n Reagan Administration) project price [NGSA] (for a nd the i n c r e a s e s t h a t are 338 - 13 o n e - h a l f to o n e - t h i r d t h o s e of o p p o n e n t s of d e c o n t r o l American Gas Association Foundation [EAEF]) [AGA] (the and E n e r g y A c t i o n E d u c a t i o n a l H e r e the e x p e r i e n c e o f p r i o r oil and oil product decontrol actions is m o s t i n s t r u c t i v e . Actual price i n c r e a s e s g e n e r a l l y h a v e b e e n 2 to 2> t i m e s l a r g e r t h a n the price i n c r e a s e s p r e d i c t e d b y the v a r i o u s s u p p o r t e r s of decontrol. T h us, b a s e d o n r e c e n t h i s t o r y a n d the p a t t e r n of projections, it is a s a f e b e t to a s s u m e t h a t a c t u a l p r i c e i n c r e a s e s w i l l fall m i d w a y b e t w e e n the h i g h a nd l o w estimates. S p l i t t i n g the d i f f e r e n c e game. is n o t s i m p l y a n u m b e r s D i f f e r e n c e s in p r i c e p r o j e c t i o n s n e e d n o t s t e m f r o m b l a t a n t b i a s e s or e r r o n e o u s c a l c u l a t i o n s . In fact, it is e a s y to c o n s t r u c t t e c h n i c a l l y c o r r e c t e x p l a n a t i o n s for e a c h se t of p r e d i c t i o n s , correct, i.e., e x p l a n a t i o n s w h o s e r e a s o n i n g is o n c e t h e i r a s s u m p t i o n s ar e g r a n t e d . T h o s e w h o p r o j e c t l o w p r i c e e s t i m a t e s t e n d to a s s u m e 1) i n t e n s e c o m p e t i t i o n b e t w e e n s u p p l i e r s l e a d i n g to r e l a t i v e l y e l a s t i c s u p p l y and 2) s i g n i f i c a n t d i s c r e t i o n a r y u s e o f e n e r g y or e a s y s u b s t i t u t i o n of c a p i t a l for e n e r g y or ea s y switc h i n g be t w e e n fuels, demand. In s h o r t , l e a d i n g to r e l a t i v e l y e l a s t i c t h e r e is a n a s s u m p t i o n t h a t c o m p e t i t i v e m a r k e t f o r c e s o n h o t h the s u p p l y a n d d e m a n d s i d e s w o u l d k e e p prices down. T h o s e w h o p r o j e c t h i g h p r i c e e s t i m a t e s t e n d to a s s u m e 1) m u c h l e s s c o m p e t i t i o n b e t w e e n s u p p l i e r s a n d 2) m u c h l e s s e l a s t i c i t y of d e m a n d . S i m p l y put, t h e r e is an a s s u m p t i o n 339 - 14 t h a t c o m p e t i t i v e m a r k e t f o r c e s are w e a k a nd p r i c e s c o u l d run up s h a r p l y a f t e r d e c o n t r o l In A p p e n d i x A, C E C A / R F d e v e l o p s a d e t a i l e d e x a m p l e of the b e h a v i o r of the n a t u r a l g a s m a r k e t u n d e r a s s u m p t i o n s of r e s t r i c t e d c o m p e t i t i o n and i n e l a s t i c d e m a n d b a s e d on the m o s t r e c e n t a n a l y s i s of the n a t u r a l g a s m a r k e t d e v e l o p e d b y the D e p a r t m e n t of E n e r g y . 9 T h e C E C A / R F a n a l y s i s s h o w s t hat a l t e r i n g D O E ' s a s s u m p t i o n s a b o u t c o m p e t i t i o n a nd d e m a n d e l a s t i c i t y c an lead to a p r e d i c t e d p r i c e of g a s 15 p e r c e n t h i g h e r t h a n D O E ' s e s t i m a t e s in F i g u r e e s t i m a t e of p r i c e 3. T h a t w o u l d pu t the i n c r e a s e s c l o s e to t w i c e as h i g h as NGSA's. For p r e s e n t p u r p o s e s , let it s u f f i c e to s a y t h a t one a p p r o a c h to t a k e in r e s o l v i n g a d i f f e r e n c e of o p i n i o n a b o u t t he s t a t e of c o m p e t i t i o n in t he m a r k e t w o u l d be to o b s e r v e the m a r k e t in o r d e r to a s c e r t a i n w h i c h set of a s s u m p t i o n s b e s t f i t s rea l i t y . E c o n o m i s t s a re fond of i d e n t i f y i n g t h o s e c h a r a c t e r i s t i c s of the m a r k e t w h i c h t h e o r e t i c a l l y d e t e r m i n e the l e v e l of c o m p e t i t i o n (e.g., , c o n c e n t r a t i o n ratios) t h e n c a l c u l a t i n g t h e m for e a c h e n e r g y m a r k e t . and However, r e s e a r c h in thi s r e g a r d h a s n o t b e e n c o n c l u s i v e . prior Another, m o r e d i r e c t and e m p i r i c a l a p p r o a c h is to look at the h i s t o r y of p r i c e b e h a v i o r s u b s e q u e n t to r e c e n t d e c o n t r o l d e c i s i o n s , R a t h e r t h a n r e l y on s o m e t h e o r e t i c a l n o t i o n of w h a t the m a r k e t s h o u l d d o , C E C A / R F c h a r t s w h a t it h a s a c t u a l l y d o n e in t he r e c e n t past, Past predictions, which assumed highly c o m p e t i t i v e c o n d i t i o n s , h a v e b e e n off by a f a c t o r of two. 340 - 15 And t h e y are l i k e l y to be off in the f u t u r e — a l s o by a f a c t o r of two, Price Increases and Eco n o m i c Impacts As m e n t i o n e d in the i n t r o d u c t i o n , t he c o n c e r n o v e r the m a g n i t u d e of p r i c e i n c r e a s e s h a s two p o i n t s of real significance. T h a t is, t h e r e are two m a j o r r e a s o n s w h y we w o r r y so m u c h a b o u t p r i c e increases, e q u i t y of p r i c e i n c r e a s e s , O n e r e a s o n i n v o l v e s the W h e n p r i c e s go up — on d o m e s t i c a l l y pro d u c e d c o m m o d i t i e s — a n d s o m e gain. l oss e s . some A m e r i c a n s lose The h i g h e r the i n c r e a s e s , The s e c o n d reason involves especially t he b i g g e r the the i m p a c t of p r i c e i n c reases on g eneral eco n o m i c activity. e c o n o m i c a c t i v i t y t e n d s to be r e du ce d . W h e n p r i c e s go up, If p r i c e p r o j e c t i o n s a r e o f f b y a f a c t o r of two, the e s t i m a t i o n of i m p a c t s w i l l be o f f as well, i s s u e s w i l l be d e a l t w i t h separate E a c h of t h e s e r e p o r t s b y C E C A / R F . 10 However, in in the c o n t e x t o f t h e h i s t o r y of p r i c e p r o j e c t i o n s and p r i c e r e a l i t i e s o n e i m p o r t a n t o b s e r v a t i o n c a n be o f f e r e d at t h i s p o i n t t h a t d e a l s w i t h the l i n k a g e b e t w e e n p r i c e i n c r e a s e s and e c o n o m i c impacts, O n e of the a r g u m e n t s b e i n g m a d e in s u p p o r t of a c c e l e r a t e d d e c o n t r o l of n a t u r a l g a s is t h a t it w i l l a v o i d a "price shock" r i s i n g p r ices. and t h e r e f o r e m o d e r a t e the e c o n o m i c i m p a c t of T h e s e v e r e d i s r u p t i o n s a s s o c i a t e d w i t h the o i l p r i c e s h o c k of 1 9 7 9 - 8 0 a r e f r e q u e n t l y the p o i n t of reference. T h a t is, t h o s e w h o s u p p o r t p h a s e d a c c e l e r a t e d 341 - 16 decontrol t h i n k t h e y can a v o i d a p r i c e s h o c k s i m i l a r to t hat of 1 9 7 9 - 8 0 , reference, w h i c h o c c u r r e d for oil, If t h a t is the f r a m e of t h e n the a r g u m e n t t h a t a c c e l e r a t e d d e c o n t r o l of n a t u r a l g a s w i l l c u s h i o n the e c o n o m i c b l o w is l a r g e l y unfounded, T h e p a t t e r n of p r i c e increases that will occur under a c c e l e r a t e d p h a s e d d e c o n t r o l of n a t u r a l g a s is v e r y s i m i l a r to the p a t t e r n of p r i c e i n c r e a s e s t h a t a c t u a l l y o c c u r r e d d u r i n g 1979-81, increases A l t h o u g h the c a u s e s of the c r u d e oil p r i c e in 1 9 7 9 - 8 0 are d i f f e r e n t t h a n the c a u s e s of the p r ojected natural gas price increases, the a c t u a l p a t t e r n s of i n c r e a s e s and t h e i r l i k e l y e c o n o m i c e f f e c t s are s i m i l a r and t h i s is a p o i n t of o v e r w h e l m i n g importance. e a c h p a t t e r n of p r i c e i n c r e a s e s in turn. Let us r e v i e w The oil p r i c e s h o c k is c o m m o n l y a s s o c i a t e d w i t h an event, the I r a n i a n r e v o l u t i o n , increase in c r u d e oil pric e s . domestic economy, wrong. 1979, For six m o n t h s o il began. this concep t i o n after In J u n e 1979, the is c o m p l e t e l y Ira n i a n s h u t d o w n of J a n u a r y the p h a s e d d e c o n t r o l of d o m e s t i c T h e n e t e f f e c t w as not t h a t c r u d e oil p r i c e s instantaneously; s t e a d y f a s hion. rather, t h e y ros e in a r a pid, b u t T h e r e w as no s i n g l e p r i c e shoc k ; p h a s e d r u n - u p in prices, 197 9 and O c t o b e r 1981, o il F r o m the p o i n t of v i e w of the 70 p e r c e n t of all d o m e s t i c c r u d e oil w a s u n d e r p r i c e c o n t r o l s . 11 jumped however, and a s u b s e q u e n t r a p i d 12 Specifically, there was a between January r e f i n e r a c q u i s i t i o n c o s t s for c r u d e i n c r e a s e d f r o m a b o u t $ 2 . 2 6 p er m i l l i o n B tu ($13*1 1 / b b l ) 342 - 17 to $ 6 . 0 2 p e r m i l l i o n Btu increase month (compounded) increases increase was changes The av e r a g e m o n t h l y 3.3 p e r c e n t , The actual mo n t h by was in p r i c e s w e r e f a i r l y e v e n — the a v e rage 3.7 p e r c e n t pe r m o n t h a n d 17 of the 29 m o n t h l y represented percent. ($34.93/bbl). i n c r e a s e s of b e t w e e n 2.1 p e r c e n t and 7 . 2 T h i s is the p r i c e p a t t e r n t h a t p r o d u c e d the n e g a t i v e e c o n o m i c i m p a c t s a s s o c i a t e d w i t h t he oil p r i c e shock, N o w let us c o n t r a s t t h a t h i s t o r i c a l r e c o r d w i t h the p r i c e t r a j e c t o r i e s p r o j e c t e d for a c c e l e r a t e d d e c o n t r o l of n a t u r a l gas . will T h e p r i c e t r a j e c t o r y of n a t u r a l g a s d e c o n t r o l r e f l e c t t wo f a c t o rs . immediately S o m e g a s w i l l be d e c o n t r o l l e d (the m o s t f r e q u e n t l y d i s c u s s e d c a t e g o r i e s a r e all g a s d i s c o v e r e d a f t e r J a n u a r y 1, 1 9 8 2 gas") ( r e f e r r e d to as " n e w - n e w or all g a s d i s c o v e r e d a f t e r J a n u a r y 1, 197 7 to as "all n e w g a s " ) . as " o l d gas") T h e r e m a i n d e r of the g a s w i l l be d e c o n t r o l l e d in a p h a s e d (referred ( r e f e r r e d to fashion over a p e r i o d of b e t w e e n 24 a n d 60 m o n t h s , d e p e n d i n g o n w h i c h scenario is c h o s e n and w h i c h c a t e g o r i e s a r e i n c l u d e d . A c c o r d i n g to the h i g h and l o w e s t i m a t e s p r e s e n t e d in F i g u r e 3, the p r i c e t r a j e c t o r y tha t w o u l d r e s u l t f r o m decontrol is as f o l l o w s : n a t u r a l g a s p r i c e s w o u l d go f r o m about $2.30 per million Btus in J a n u a r y 1 9 8 2 to a p r i c e b e t w e e n $ 7 . 0 0 a n d $ 8 . 5 0 p er m i l l i o n B t u s in J a n u a r y 1986. The average monthly price b e t w e e n 2 a n d 3.3 p e r c e n t , increases ( c om p o u n d e d ) w o u l d be T h e r e w o u l d be a s u r g e first year when monthly price in t he i n c r e a s e s w o u l d be b e t w e e n 3 343 - an d 4.2 p e r c e n t (compounded) 18 - T he h i g h e s t p r i c e p r o j e c t i o n l e a d s to a r a te of i n c r e a s e in g as p r i c e s t h a t is a b o u t 18 p e r c e n t f a s t e r t h a n t h a t w h i c h o c c u r r e d for oil. The l o w p r i c e p r o j e c t i o n l e a d s to a rate of i n c r e a s e t h a t is r o u g h l y 32 p e r c e n t s l o w e r t h a n the i n c r e a s e for oil. If r e a l i t y f a l l s b e t w e e n the two, one w o u l d e x p e c t a p a t t e r n of p r i c e i n c r e a s e s t h a t is q u i t e c l o s e to t h a t w h i c h o c c u r r e d d u r i n g t he oil p r i c e shock. Su c h a p a t t e r n w o u l d m e a n t h a t p r i c e s w o u l d i n c r e a s e at e x a c t l y the rate w h i c h o c c u r r e d d u r i n g the oil p r i c e shock, To the e x t e n t t h a t e n e r g y p r i c e increases present p r o b l e m s of s t r u c t u r a l a d j u s t m e n t in the e c o n o m y (as o p p o s e d to s i m p l e s u r p r i s e s for w h i c h the e c o n o m y is u n p r e p a r e d ) , not m u c h r e l i e f c a n be e x p e c t e d f r o m a c c e l e r a t e d d e c o n t r o l , T h o s e s t r u c t u r a l p r o b l e m s and the m a g n i t u d e of the i m p a c t of p r i c e i n c r e a s e w i l l be the t o p i c of a n o t h e r r e p o r t in t h i s s e r i e s , b u t it is c l e a r t h a t the s u p p o r t e r s of d e c o n t r o l are m i s t a k e n if t h e y b e l i e v e t h a t p h a s e d d e c o n t r o l w i l l c u s h i o n the blow. Su m m a r y and C o n c l u s i o n s In t h i s r e p o r t we h a v e e x a m i n e d the h i s t o r y of p r i c e p r o j e c t i o n s and the p r i c e r e a l i t i e s t h a t s u r r o u n d e n e r g y price decontrol decisions, of o i l - r e l a t e d d e c o n t r o l , W e h a v e f o u n d that, in the cas e the s u p p o r t e r s g r o s s l y u n d e r e s t i m a t e d the i n c r e a s e in p r i c e s t h a t o c c u r r e d . I n s o f a r as they rep e a t e d l y argued that com p e t i t i o n would hold prices 344 - 19 down, t h e i r d i s m a l r e c o r d of p r i c e p r o j e c t i o n s s u g g e s t s t h a t c o m p e t i t i v e a nd m a r k e t f o r c e s a re weak, T u r n i n g to the c u r r e n t p r o j e c t i o n s of the i m p a c t of n a t u r a l g a s d e c o n t r o l , w e f i n d a w i d e d i f f e r e n c e of o p i n i o n . T h e s u p p o r t e r s of d e c o n t r o l p r e d i c t p r i c e t h a t of the o p p o n e n t s . increases one-third If h i s t o r y is a g u i d e , o n e c a n e x p e c t t h a t the a c t u a l p r i c e i n c r e a s e s w i l l be t w i c e as l a r g e as t h o s e p r e d i c t e d by the s u p p o r t e r s , F i n a l l y , we h a v e e x a m i n e d the p a t t e r n of p r i c e i n c r e a s e s t h a t o c c u r r e d d u r i n g the "oil p r i c e s h o c k " of 1979-80. W e fin d the a c c e l e r a t e d p h a s e d d e c o n t r o l of n a t u r a l g a s w i l l c r e a t e a t r a j e c t o r y of p r i c e i n c r e a s e s t h a t is q u i t e s i m i l a r to t h a t w h i c h o c c u r r e d d u r i n g the oil p r i c e shock. This c l e a r l y suggests that p h a s i n g - i n d e c o ntrol will not a v o i d the s e v e r e n e g a t i v e e c o n o m i c i m p a c t s of r i s i n g e n e r g y p r i c e s t h a t o c c u r r e d d u r i n g the o il p r i c e shock. 345 - 20 - FOOTNOTES ^ O f f i c i a l a c c o u n t s a b s o l v e the m a j o r oil c o m p a n i e s of all r e s p o n s i b i l i t y (see, for e x a m p l e , T he R e p o r t of the D e p a r t m e n t of J u s t i c e to the P r e s i d e n t C o v e r i n g the G a s S h o r t a g e of 1 9 79 [ W a s h i n g t o n , DC: G o v e r m e n t Printing Office, J u l y 1980]) b u t t h e r e is a m p l e e v i d e n c e of t h e i r i n v o l v e m e n t (see R o o t s , R e a l i t i e s , R e s p o n s i b i l i t i e s : H o w the M a j o r Oil C o m p a n i e s , N o t OPEC, T i g h t e n e d Oil S u p p l i e s and I n i t i a t e d P r i c e H i k e s in 1 9 78 and 1 9 7 9 [En e r g y A c t i o n E d u c a t i o n a l Foundation, May 198 0 J ) 2 See, for e x a m p l e , " T e s t i m o n y of C h a r l e s L. S h u l t z e , C h a i r m a n , C o u n c i l of E c o n o m i c A d v i s o r s , " b e f o r e th e J o i n t E c o n o m i c C o m m i t t e e , S u b c o m m i t t e e on E n e r g y , U.S. C o n g r e s s , A p r i l 25, 1979. 3 See, for e x a m p l e , t e s t i m o n y of G o r m a n S m i t h , b e f o r e the U.S. C o n g r e s s , C o m m i t t e e o n I n t e r s t a t e and F o r e i g n C o m m e r c e , H.R. Doc. No. 9 1 4 - 1 3 1 (June 22, 29, 1976), p. 38. 4 U.S. D e p a r t m e n t of E n e r g y R e v i e w , v a r i o u s issues, (DOE), M o n t h l y E n e r g y ^The l o w e r e s t i m a t e c a n be d e r i v e d f r o m DOE, Analysis of R e f i n e r No. 2 D i s t i l l a t e C o s t s and R e v e n u e s , J u l y 1 9 7 6 - J u n e 1 9 7 9 , T a b l e s 9 a n d 19 ( S e p t e m b e r 1 979). The h i g h e r e s t i m a t e c a n be d e r i v e d f r o m the C o n s u m e r E n e r g y C o u n c i l of A m e r i c a , " A n a l y s i s of No. 2 D i s t i l l a t e P r i c e s and M a r g i n s , " p r e s e n t e d b e f o r e the U. S. C o n g r e s s , H o u s e , S u b c o m m i t t e e on E n v i r o n m e n t , E n e r g y and N a t u r a l R e s o u r c e s of the G o v e r n m e n t O p e r a t i o n s C o m m i t t e e , F e b r u a r y 12, 1980. 6 See the c o m m e n t s of D a v i d S t o c k m a n , in " D e c o n t r o l of Oil P r i c e s E x p e c t e d T o d a y , " W a l l S t r e e t J o u r n a l , J a n u a r y 28, 1981. S o m e i n d u s t r y a n a l y s t s a s s e r t e d t h a t "we w o u l d be h e s i t a n t to s o c k on a 1 0 - c e n t - a - g a l l o n i n c r e a s e at o n c e , t he i n c r e a s e c o u l d c o m e in s t a g e s at a rate a c o u p l e of c e n t s a month." O t h e r s p r o f e s s e d to b e l i e v e t h a t " a l m o s t n o t h i n g " w o u l d h a p p e n d ue to a m p l e s t o c k s w h i c h w o u l d f a c e r e f i n e r s ' m a r g i n s to shrink, 7MER, v a r i o u s i s sues. g 9 Ibid., v a r i o u s issues, U.S. D e p a r t m e n t of E n e r g y , T w o - M a r k e t A n a l y s i s of N a t u r a l G a s D e c o n t r o l ( W a s h i n g t o n , DC: G o v e r n m e n t P r i n t i n g O f f i c e , N o v e m b e r 1981) 346 - 21 - ^ C E C A / R F , "Natural Gas Price Deregulation: T r i c k l e Up E c o n o m i c s " ( J a n u a r y 20, 1982) A C a s e of ^ T h e C o n g r e s s i o n a l B u d g e t O f f i c e , T h e D e c o n t r o l of D o m e s t i c Oil P r i c e s : A n O v e r v i e w , M a y 1979, C h a p t e r II, 12 M ER, v a r i o u s issues. 347 Appendix A COMPETITIVE VERSUS OLIGOPOLY PRICING OF N A T U R A L GAS or H o w B i g D o e s t h e T a i l H a v e To B e To W a g the Dog? an a p p e n d i x to The P a s t as P r o l o g u e I The U n d erestimation of Price Increases in the D e c o n t r o l D e b a t e P r e p a r e d by: CONSUMER ENERGY COUNCIL OF AMERICA RESEARCH FOUNDATION F e b r u a r y 18, 1 9 8 2 348 TABLE OF CONTENTS Page A. I n t r o d u c t i o n .......... . ............................ 1 B. C o m p e t i t i o n vs. N o n C o m p e t i t i o n ................ 3 C. T h e D O E A s s u m p t i o n s ............................... 6 1. 2. 6 D. T h e B a s i c A p p r o a c h ............................. The Theoretical Market Clearing P r i c e .......................................... 7 A n E s t i m a t i o n of the Th eo re t i c a l M a r k e t Clearing Price Under Competition . . . . 11 1. 2. 3. 11 13 23 T h e D e m a n d C u r v e ............................... T h e S u p p l y C u r v e ............................... T h e M a r k e t a t E q u i l i b r i u m .................. E. T h e O l i g o p o l y S o l u t i o n ............................. 27 F. Alternative Assumptions About Residential/Commercial Sector Demand 32 G. .......... S u m m a r y a n d C o n c l u s i o n ............................. FOOTNOTES 34 37 349 LIST OF TABLES Page Table A . 1 P e r c e n t a g e D i s t r i b u t i o n of N a t u r a l Gas D e m a n d ................................................. 9 Table A . 2 The Com pe tit ive We l l h e a d Price of Natural Gas for Each User Category/Alternative F u e l C o m b i n a t i o n .................................... 12 Table A . 3 Estimating Implicit Rates of Return for Various Categories of Natural Gas 18 . . . Table A . 4 I mp l i c i t Supply Ela sti ci ti es in the A g g r e g a t e N a t u r a l G a s M a r k e t ..................... 24 Table A . 5 I m p l i c i t D e m a n d E l a s t i c i t i e s i n the Aggregate Natural Gas Market . 26 21-496 0 - 83 23 . . 350 LIST OF ILLUSTRATIONS Page Figure A.l Price and Supply Under Assumptions o f C o m p e t i t i o n a n d M o n o p o l y ....................... 4 Figure A . 2 P rice U n d e r A s s u m p t i o n s of Comp e t i t i v e a n d O l i g o p o l y B e h a v i o r ............................. 5 Figure A . 3 Maximum Potential Natural Gas Demand Curve . ....................................... 14 Figure A . 4 The D e p a r t m e n t of Energy's Con ce ptu al D e m a n d C u r v e .......................................... 15 Figure A . 5 M a r g i n a l C o s t C u r v e for N a t u r a l Gas . 16 Figure A . 6 A n E s t i m a t e d Supp l y F u n c t i o n for Crude Oil . . ................ 21 Figure A . 7 The D e p a r t m e n t of Ene rgy*s C o n c e p t u a l .......................... Supply Curve . . 22 Figure A . 8 T h e O l i g o p o l y P r i c e C o m p a r e d to t h e Competitive Market Price ................ 28 Figure A . 9 The Oligopoly Price with Smoothed Demand Curves .................................. 30 . . . F i g u r e A . 10 The Oligopoly Price with High M a r g i n a l C o s t s ............................... .. . F i g u r e A . 11 The Oligopoly Price w i t h Conversion Costs in the Residen t i a l / C o m m e r c i a l S e c t o r s ............................................... 31 35 351 APPENDIX A COMPETITIVE VERSUS OLIGOPOLY PRICING OF NATURAL GAS or H o w Bi g D o e s t h e T a i l H a v e To Be To W a g t h e D o g ? A. Introduction The r e v i e w of the recent h i s t o r y of the b e h a v i o r of energy prices presented above has shown that history has been e x t r e m e l y u n k i n d to t h o s e w h o a s s u m e t h a t e n e r g y m a r k e t s a r e highly competitive. A c t u a l p r i c e i n c r e a s e s h a v e f ar o u t s t r i p p e d t h e i r p r e d i c t i o n s , c a l l i n g i n t o q u e s t i o n t he s o u n d n e s s of the c o m p e t i t i o n assum p t i o n . T h e r e v i e w of n a t u r a l g a s d e c o n t r o l p r i c e p r o j e c t i o n s p r e s e n t e d in " P a s t as Prologue I ” has shown wid e di ff er e n c e s and we ha ve suggested t h a t t h e s e d i f f e r e n c e s in p r i c e p r o j e c t i o n s c a n b e e x p l a i n e d l o g i c a l l y b y d i f f e r e n c e s in a s s u m p t i o n s w i t h r e s p e c t to t h e e x t e n t of c o m p e t i t i o n in t h e m a r k e t . In t h i s A p p e n d i x , we d e m o n s t r a t e th a t d i f f e r e n c e s in a s s u m p t i o n s c a n b e t r a n s l a t e d e m p i r i c a l l y i n t o d i f f e r e n c e s in p r i c e p r o j e c t i o n s . Unfortunately, few of those who a c t u al ly ma k e the p r o j e c t i o n s b o t h e r to p r e s e n t a n d d e f e n d t h e i r a s s u m p t i o n s or to a n a l y z e w h a t t h e i m p a c t o f a l t e r n a t i v e a s s u m p t i o n s w o u l d be. A b o v e all# b e c a u s e p r i c e p r e d i c t i o n s t e n d to b e h i g h l y p o l i t i c a l , m o s t o f t h o s e w h o m a k e t h e m a r e n o t a t all 352 - 2— i n c l i n e d e v e n to c o n s i d e r a l t e r n a t i v e a s s u m p t i o n s t h a t t o u c h o n m a t t e r s as b a s i c as c o m p e t i t i o n . Moreover, most studies do not c o n t a i n an a d e q u a t e b asis for u n d e r t a k i n g such analyses. Thus, mo st stud ie s s im pl y state their a s su mp ti on s a n d d e r i v e t h e i r c o n c l u s i o n s w i t h o u t g a t h e r i n g e v i d e n c e or d emonstrating that supply and demand non-competitively) ( e i t h e r c o m p e t i t i v e l y or w i l l reach e q u i l i b r i u m at the p a r t i c u l a r p r i c e t h e y b e l i e v e is c o r r e c t . The recent s t u d y by the D e p a r t m e n t of E n e r g y 1 does h a v e t h e n e c e s s a r y e l e m e n t s for c o n s i d e r i n g a l t e r n a t i v e assumptions about competition, such an analysis. a lthough DOE did not c onduct In f a c t , D O E a s s u m e s a l e v e l o f c o m p e t i t i o n t h a t is i d e n t i c a l to t h e a s s u m p t i o n s m a d e b y t h e g a s producing industry and never qu estions these assumptions. B e c a u s e t h e D O E s t u d y is l i k e l y to be o f c o n s i d e r a b l e i m p o r t a n c e in p r e s e n t a n d f u t u r e d e c o n t r o l d e b a t e s , b e c a u s e it is o n e of t he f e w w i t h th e n e c e s s a r y a n a l y t i c e l e m e n t s , because DOE has blindly assumed competition, because recent p r i c e h i s t o r y h a s s u g g e s t e d an a b s e n c e o f c o m p e t i t i o n , and b e c a u s e w e b e l i e v e t h a t t h e r e is a c o n s i d e r a b l e b o d y o f e v i d e n c e to j u s t i f y s o m e s k e p t i c i s m o f t he a s s u m p t i o n o f a 2 h i g h d e g r e e o f c o m p e t i t i o n in t h e n a t u r a l g a s m a r k e t , this t e c h n i c a l a p p e n d i x c o m p a r e s t he e x p e c t e d p r i c e u n d e r t h e a s s u m p t i o n s o f c o m p e t i t i o n to t he e x p e c t e d p r i c e u n d e r t h e a s s s u m p t i o n of n o n - c o m p e t i t i o n in t h e m a r k e t ^ 353 - 3 B. C o m p e t i t i o n vs. N o n C o m p e t i t i o n T h e b a s i c t o o l s n e e d e d to a n a l y z e p r i c i n g b e h a v i o r u n d e r a s s u m p t i o n s o f a l a c k o f c o m p e t i t i o n c a n b e f o u n d in the m os t e l e m e n t a r y of ec on om ic s texts. Figures A.l and A . 2 p r o v i d e t wo s i m p l e d i s c u s s i o n s o f w h y m o n o p o l y o r o l i g o p o l y m a r k e t c o n d i t i o n s l e a d to l o w e r q u a n t i t i e s s u p p l i e d a n d higher prices than competitive conditions. For those un f a m i l i a r w i t h the b a sic concepts, a careful r e a d i n g of the e x p l a n a t i o n s a c c o m p a n y i n g the f igures will be helpful. The e s s e n c e of the a r g u m e n t rests on the d e m a n d curve w h i c h i n d i v i d u a l s u p p l i e r s face. In a c o m p e t i t i v e s i t u a t i o n , each suppl i e r faces p e r f e c t l y ela s t i c d e m a n d and m a r g i n a l revenue curves, mar ke t price, s i n c e if t h e s u p p l i e r r a i s e s p r i c e s a b o v e t he the s u p p l i e r w o u l d l o s e h i s / h e r b u s i n e s s to his/her competitors. M o n o p o l i s t s o r o l i g o p o l i s t s do n o t f a c e perfectly inelastic demand curves. prices, As t h e y r a i s e t h e i r they lose o nly p art of their business; competitors threaten their demand, relatively small. t h e i r l o s s of d e m a n d is T h e y a r e w i l l i n g to l o s e d e m a n d , as t h e y i n c r e a s e p r o f i t s b y d o i n g so. raising prices, since fewer as l o n g T h a t is, t h e y k e e p even though they are'losing business, because t h e y m a k e m o r e p r o f i t s b y s e l l i n g l e s s at h i g h e r p r i c e s . In fact, all s u p p l i e r s m a x i m i z e p r o f i t s at the p o i n t w h e r e m a r g i n a l reve n u e e q u a l s m a r g i n a l cost; but o l i g o p o l i s t s m a x i m i z e p r o f i t s at h i g h e r p r i c e s a n d l o w e r q u a n t i t i e s s upplied than those who face c o m pet it io n be ca us e they face a less than perfectly elastic (i.e., d o w n w a r d l y s l o p i n g ) demand F I G U R E A. 1 P RICE A ND SUPPLY UND ER ASSUMPTIONS OF C O M E T I T I O N A N D M O N OP OL Y s CO Aft tha aarkat prica of I,, tba firm cboosaa a laval of output, c , « h u t HR • MC. tine« » la above AC, profits irt Nni*4. Entry occurs, pushing tba aarkal supply curva out to tha right, and aarkat prloa daaraaaaa. Khan aarkat prica falls to antry will eaaaa. For tha fin, n « K at C (so profits ara 'aaxlaitad,* tha f i n doaa tha bast it caa givan tha cireuaatancas)r ana thara ara ao profits, sinca *C*f! Tha cost par unit producad la equal to tha prloa tha fira gats par unit sold. Raranuaa just corar coats. Hovavsr, raaaabar that costs include opportunity costs for tha fln( I n n though no aconaalc profits ara aarnad at this level of output, tha fira still gats enough revenue to covar its opportunity costs (noraal profits). So tha fira will rasa in la buainaae. But nota what haa happanad. Dua to ooMpatltion and fraa antry, tha fira hss baaa forcad to produca at that level of output that alniaisas average coat! Souroet Toa Rldall, Itava Stsaes and Jean Shacklaford, goonoalca« A Tool for Pndaratandlnq Soclaty (Heading Haea.t Addiaon Weisley, 1*7») pp. lit, 17^-i^». ' Mhat laval of outsat will tha aonopoly chooaa to produoa? It will produoa Q , where NC « M L bacausa that lava! of output aaxialsee its profits. St will eharga a prloa of p for that aaaunt of output, bacausa that is tha prica tha aarkat la willing to pay for thlt quantity. Ttie aonopolyia earning profits since F is wall above AC. And tha aonopoly la producing at a rata of output that doaa loea nob not alnintse average costa cot (Q is whara AC is at a ainlaua). ■owever, in a aonopoly,, whan profits ara being> »iraed, at "there is no antry into tha aarkat, bacauaa thara ara no c<«petitors. . Ma can axaaina tba thaoratical rasults of this by focuslay on the (aggragata aarkat). If thara wara ooapatitioa in tha irket, naw f i n s would aarkat supply would lncraaaa — * aarkat ---— prica — * would dacraaaa to eaee to SS. , and 91ms, Ktnopoly raatriota---output, sinca .— --a « o . a m aonopoly chargaa highar pricas, alnSe Í.» » . rinally, aonopolies aarn aonopoly profits. An iaportant conclusion that can ba drawn Iroathe aonopoly aodal is that tha existence of aarkat powar (ability to control supply and prica) tands to prevent the occurrence of oonauaar sovereignty, tha attalnaant of aconaalc afficlancy, and tha oparaticn of tha invisible hand, tha aonopoly banaflts at tha expense of tha soclaty. 355 - 5 - FIGURE A. 2 PRICE UNDER ASSUMPTIONS OF COMPETITIVE AMD OLIGOPOLY BEHAVIOR PERFECT COMPETITION OLIGOPOLIST*S EQUILIBRIUM SAKUELSON OFFERS THE FOLLOWING DISCUSSION OF THE TWO SITUATIONS:' This typical perfect competitor is on* of so many producers of an identical good that he/she faces a practically horizontal (infinitely elastic) demand (dd) curve, even though the industry's very much larger DD curve can be much more inelastic. If there is free entry and exit of well-informed firms who can replicate the cost conditions gf any other firm, long-run equilibrium at E will involve no excess of profit over competitive costs (including properly computed implicit opportunity cost retu rn s), Society is getting its total output most efficiently, in recognition of the P«MC condition, both in long and short runs. I t is not forcing out of existing firms any output that could be obtained more cheaply by adding new firms. After experience with disastrous price wars, each of the few rivals that dominate a given market is almost sure to recognize that price Cutting begets cancelling-out price cutting. So the typical oligopolist will estimate his/her demand curve DD by assuming others will be charging similar prices (and by taking into account the potential entry of other oligopolists). Since he/she gains little from extreme cutting of P, he/she will settle for sizable markup of P over MC. aPaul Samuelson, Economics (New York: McGraw Hill, 1980), pp. 482, 485. 356 - curve. 6 - This b a sic c o n c e p t u n d e r l i e s all d i s c u s s i o n s of pricing under non-competitive conditions. Thus, in o r d e r to e s t i m a t e n a t u r a l g a s p r i c e s u n d e r e i t h e r c o m p e t i t i v e or n o n - c o m p e t i t i v e a s s u m p t i o n s , w e m u s t e s t i m a t e the supply, m a r g i n a l cost, demand, and m ar gi na l revenue curves. C. The DOE Assumptions 1. The Basic Approach T h e D e p a r t m e n t of E n e r g y a n d t h e g a s p r o d u c i n g i n d u s try assume a partially competitive market. They assume that a p r i c e c e i l i n g o n n a t u r a l g a s is s e t b y s o m e a l t e r n a t i v e fue l . T h a t is, t h e y a s s u m e t h e r e e x i s t s a p r i c e a b o v e w h i c h s u p p l i e r s of a l t e r n a t i v e f o r m s o f e n e r g y (e.g., oil) a b l e to s t e a l b u s i n e s s f r o m g a s p r o d u c e r s . w i l l be Therefore, c o m p e t i t i o n b e t w e e n f u e l s r e s t r a i n s t h e p r i c e i n c r e a s e s of na t u r a l gas and sets the m a r k e t c l e a r i n g price. If w e a s s u m e a c e i l i n g p r i c e o n g a s w h i c h is s e t b y c o m p e t i t i o n with oil we can e s t a b l i s h a d e m a n d curve for gas. W h e n t h e d e m a n d c u r v e is c o u p l e d w i t h a s u p p l y c u r v e , w e c a n a n a l y z e w h a t t he m a r k e t p r i c e o f g a s w o u l d be u n d e r d i f f e r e n t a s s u m p t i o n s about the p r i c i n g b e h a v i o r of s uppliers. However, it s h o u l d be n o t e d t h a t t h e m a r k e t a s s u m e d b y D O E is n o t a p e r f e c t l y c o m p e t i t i v e m a r k e t in t h e c l a s s i c sense. DOE does not as s u m e that s u p p l i e r s of gas can ex e r t s i g n i f i c a n t d o w n w a r d p r e s s u r e on the pr i c e of a l t e r n a t i v e fuels. T h a t is, g a s p r o d u c e r s d o n o t s t e a l s u f f i c i e n t o i l 357 - 7 b u s i n e s s b y p r o d u c i n g m o r e g a s at l o w e r p r i c e s to f o r c e the o i l s u p p l i e r s to l o w e r t h e i r p r i c e s . The fact that gas s u p p l i e r s do n o t t r y to e x e r t d o w n w a r d p r e s s u r e o n o i l p r i c e s s u g g e s t s t h a t p e r f e c t c o m p e t i t i o n is n o t p r e s e n t . This c r e a t e s the p o s s i b i l i t y of e x t r e m e l y h i g h pr o f i t s on n atural gas production because natural gas prices need not bear any r e l a t i o n s h i p to t h e c o s t s of p r o d u c i n g n a t u r a l g a s . T h a t is, e n t r y int o t h e e n e r g y i n d u s t r y d o e s n o t o c c u r to w i p e o u t abnormal profits (see F i g u r e A . l a b o v e ) . I n s t e a d o f the a v e r a g e p r i c e o f a l l f o r m s o f e n e r g y b e i n g d r i v e n d o w n to a p o i n t w h e r e o n l y n o r m a l p r o f i t s e x i s t , D O E a s s u m e s t h a t the p r i c e of g a s r i s e s a n d y i e l d s a b n o r m a l p r o f i t s . In f act, as w i l l be d i s c u s s e d b e l o w , D O E ' s a n a l y s i s s u g g e s t s thate x t r e m e l y h i g h r a t e s of p r o f i t e x i s t o n g a s p r o d u c t i o n . T h e s e r a t e s of p r o f i t w o u l d n o t e x i s t in a p e r f e c t l y competitive world. 2. The Theoretical Market Clearing Price The D e p a r t m e n t of En e r g y and the gas p r o d u c t i o n i n d u s t r y b o t h a s s u m e a p a r t i a l l y c o m p e t i t i v e e n v i r o n m e n t in w h i c h the p r i c e o f g a s at the w e l l h e a d is s e t b y t h e c h e a p e s t c o m p e t i n g fuel. T h e c h e a p e s t c o m p e t i n g f u e l is a s s u m e d to be high sulfur r e s i d u a l f u e l o i l u s e d p r i m a r i l y in i n d u s (#6) trial boilers (including electric utility power plants). C o n s u m e r s o f #6 oil a r e a s s u m e d to s e t t h e m a r g i n a l p r i c e b o t h b e c a u s e t h a t f u e l is c h e a p e s t a n d b e c a u s e t h e s e i n d u s t r i a l c o n s u m e r s t e n d to h a v e the c a p a c i t y to s h i f t b e t w e e n 358 - f u e l s in t h e s h o r t term. 8 - At a minimum, i n c e n t i v e to a c q u i r e t h a t c a p a c i t y , they have adequate t h e r e b y t h r e a t e n i n g to s w i t c h f u e l s if t h e g i v e n p r i c e is n o t c o m p e t i t i v e . T h a t is, t h e y c a n o r a r e w i l l i n g to a c q u i r e t h e a b i l i t y to b u r n e i t h e r f u e l at a n y m o m e n t . Therefore, th e y "play" the e n e r g y m a r k e t to m i n i m i z e c o s t s . They install dual fuel-burning capacity partly b e c a u s e t h e y h a v e b e e n l o w p r i o r i t y " i n t e r r u p t i b l e " u s e r s in the pa st (and h a v e n e e d e d d u a l c a p a c i t y in o r d e r to m a i n t a i n production operations) and p a r t l y b e c a u s e t h e y c o n s u m e enou g h e n e r g y to m a k e p l a y i n g th e e n e r g y m a r k e t e c o n o m i c a l l y j u s t i fiable. T h a t is, t h e v o l u m e s of e n e r g y t h e y c o n s u m e a r e so l a rge that they can c o ver the costs profits) (including normal of installing dual f u e l - b u r n i n g equipment. DOE a s s umes that the w e l l h e a d p rice of n atural gas w i l l be e q u a l to t h e b u r n e r t i p p r i c e o f g as t r a n s m i s s i o n and d i s t r i b u t i o n costs. #6 f uel o i l m i n u s T h a t is, t h e p r i c e o f g a s at the w e l l h e a d c a n be no h i g h e r t h a n t h e p r i c e o f t h e a l t e r n a t i v e at t he b u r n e r t i p n e t of t h e t r a n s m i s s i o n a n d d i s t r i b u t i o n costs, i.e., t h e c o s t s of g e t t i n g t h e g a s f r o m t h e w e l l h e a d to the b u r n e r tip. Recent estimates by DOE show t h a t c o n s u m e r s of h i g h s u l f u r #6 o i l w h o a r e p o t e n t i a l g a s c o n s u m e r s a c c o u n t f or l e s s t h a n 4 p e r c e n t o f t h e a g g r e g a t e d e m a n d for g a s ( R e s i d u a l D in T a b l e A . l ) . However, because t h e y a r e the m a r g i n a l u s e r s in a c o m p e t i t i v e f r a m e w o r k , set the w e l l h e a d price. they Table A.l PERCENTAGE DISTRUBTION OF NATURAL GAS DEMAND Category and Alternative Fuel Type Alternative Fuel Residential Commercial Industrial Non-Boiler Electric Utilities Industrial Boiler TOTAL1 Interstate Intra state Distillate 25.9 3.4 7.3 1.4 3.3 1.5 2.4 .8 .2 1.3 46.5 Residual A 0 0 3.3 .7 10.1 4.9 .7 .2 1.4 2.0 23.3 Residual B 0 0 3.3 .7 1.5 2.6 .9 8.4 .6 1.2 19.2 Residual C 0 0 0 0 1.0 .7 1.3 .2 1.0 1.4 5.6 Residual D 0 0 0 0 .3 .1 .6 .1 1.1 1.4 3.6 Residential ($2. 00) 0 0 0 0 .3 .2 .6 .1 .4 Interstate Intra state ^Numbers may not add due to rounding. Source: DOE, Two Market Analysis, p. A-88. Interstate Intra state Interstate Intra state Interstate Intra state .6 2.2 360 - 10 A c c o r d i n g to D O E , o n c e t h e w e l l h e a d p r i c e is s e t a t the m a r g i n b y these c o n sumers, then the burn e r tip price can be c a l c u l a t e d for a l l o t h e r c o n s u m e r s . T h i s is a c c o m p l i s h e d b y t a k i n g t h e w e l l h e a d p r i c e a n d a d d i n g to it t h e t r a n s m i s s i o n a n d d i s t r i b u t i o n c o s t s t h a t a p p l y to e a c h u s e r . other words, In t h e e n t i r e m a r k e t is d r i v e n b y c o m p e t i t i o n a t the m a r g i n for h i g h sul f u r fuel oil users. If o n e q u e s t i o n s t h e a s s u m p t i o n t h a t s u p p l i e r s b e h a v e a s t h o u g h t h e y w e r e d r i v e n b y c o m p e t i t i o n to s e l l e v e r y c u b i c foot of gas that t hey can, then one m u s t q u e s t i o n w h e t h e r h i g h s u l f u r residual fuel oil should dr i v e the w e l l h e a d price. S u c h a s m a l l p e r c e n t a g e of d e m a n d m a y l o o k l i k e a v e r y s m a l l t a i l to b e w a g g i n g a b i g dog. Wouldn't producers b e w i l l i n g to l o s e 4 p e r c e n t of t h e i r d e m a n d b y r a i s i n g t h e i r price, if t he i n c r e a s e d p r i c e w o u l d l e a d to an i n c r e a s e in total profits? A s w e s h a l l see, D O E ' s e v i d e n c e s u g g e s t s t h at, p r o d u c e r s b e h a v e in a n o n - c o m p e t i t i v e f a s h i o n , if they can m a x i m i z e profits by raising prices well above DOE's t h e o r e t i c al c o m p e t i t i v e m a r k e t c l e a r i n g p r i c e a n d s a c r i f i c i n g as m u c h as 30 p e r c e n t of t h e t o t a l d e m a n d . T h e f o l l o w i n g a n a l y s i s e s t i m a t e s t he d e m a n d , m a r g i n a l r e v e n u e and m a r g i n a l c ost cu r v e s p r o j e c t e d for 1985 ba s e d on D OE's recent analysis of a c c e l e r a t e d / p h a s e d decontrol. B e c a u s e t he d a t a a r e t a k e n d i r e c t l y f r o m p u b l i s h e d D O E materials, t he a n a l y s i s e m b o d i e s D O E ' s a s s u m p t i o n s a n d r e l i e s 361 - 1 1 - on c o n s i d e r a b l e i n t e r p o l a t i o n of D OE's results. theless, D* Never it m a k e s t h e p o i n t q u i t e c l e a r l y . An E s t i m a t i o n of the T h e o r e t i c a l M a r k e t Clearing Price under Competition 1. The Demand Curve In o r d e r t o . c r e a t e t h e d e m a n d c u r v e f o r n a t u r a l g a s , we b e g i n b y i d e n t i f y i n g t h e q u a n t i t y o f g a s d e m a n d e d b y a s e r i e s o f s p e c i f i c c a t e g o r i e s of u s e r s User c a t e g o r i e s are ident i f i e d by the f u e l is p u t boiler, (see T a b l e A . l a b o v e ) . (1) t h e e n d u s e to w h i c h (residential, commercial, industrial non i n d u s t r i a l b o i l e r a n d e l e c t r i c u t i l i t y ) , (2) t he pipeline market (interstate v ersus intrastate) al t e r n a t i v e fuel (distillate, the l o w e s t g r a d e [highest sulfur] and (3) t h e 4 g r a d e s o f r e s i d u a l o i l a nd residual min us $2.00). T h e r e a r e 44 c o m b i n a t i o n s of e n d u s e s / p i p e l i n e m a r k e t s / a l t e r n a t i v e f u e l s a n d t h e s e a r e u s e d as d a t a p o i n t s for the e s t i m a t i o n of the demand curve. E nd u s e typ e , p i p e l i n e m a r k e t a n d a l t e r n a t i v e f u e l a r e c h o s e n to d e f i n e t h e c a t e g o r i e s of users b e c ause they are the m o s t cri t i c a l d e t e r m i n a n t s o f t he w e l l h e a d p r i c e o f n a t u r a l g a s t h a t w o u l d c o m p e t e w i t h a l t e r n a t i v e s at t h e b u r n e r tip. In t h e n e x t s t e p , w e c a l c u l a t e t h e w e l l h e a d n a t u r a l gas price that wo u l d just c a p t u r e the b u s i n e s s of each user category. T h a t is, w e c r e a t e a s e c o n d m a t r i x b y c a l c u l a t i n g the b u r n e r t i p p r i c e o f t h e a l t e r n a t i v e f u e l m i n u s t h e t r a n s m i s s i o n a n d d i s t r i b u t i o n c o s t s i m p l i c i t in D O E ' s a n a l y s i s for e a c h s p e c i f i c u s e r c a t e g o r y (see T a b l e A . 2). Table A.2 Hie Competitive Wellhead Price of Natural Gas for Each User Category/Alternative Fuel Combination Alternative Transmission Fuel & Distribution Costs Residential InterState Distillate 7.13 Residual A 6.17 na Residual B 5.71 Residual C 5.79 InterState IntraState Industrial Non-Boiler InterState IntraState Electric Utilities InterState Intra stat e Industrial Boilers InterState IntraState 5.36 6.10 6.00 6.69 5.95 6.77 6.16 6.16 na 4.40 6.14 5.04 5.73 4.99 5.81 5.20 5.20 na na 3.94 4.68 4.58 5.27 4.53 5.35 4.74 4.74 5.55 na na na na 4.42 5.11 4.37 5.19 4.58 4.58 Residual D 5.36 na na na na 4.23 4.92 4.18 5.00 4.39 4.39 Residual D minus $2.00 3.36 na na na na 2.25 2.92 2.18 2.00 2.39 2.39 Source: 5.08 IntraState Commercial DOE, Tv*> Market Analysis, Attachment IV. 363 - 13 T h e b u r n e r t i p p r i c e o f t he a l t e r n a t i v e f u e l m i n u s t r a n s m i s s i o n and d i s t r i b u t i o n costs equals the w e l l h e a d pr i c e that w o u l d be j u s t c o m p e t i t i v e w i t h t h e a l t e r n a t i v e . The demand curve that results (see F i g u r e A , 3) e x h i b i t s a s h a p e t h a t is q u i t e f a m i l i a r . In f act, it is n o t u n l i k e t he d e m a n d c u r v e d e p i c t e d b y D O E in its c o n c e p t u a l d i s c u s s i o n s of the n a t u r a l g a s m a r k e t However, (see F i g u r e A . 4). t h e p o i n t at w h i c h d e m a n d b e c o m e s i n e l a s t i c for t he s e c o n d t ime, t h e p o i n t at w h i c h the c u r v e t u r n s d o w n for the s e c o n d tim e , o c c u r s at a h i g h e r p r i c e t h a n in D O E ' s c o n c e p tual curve. T h e d i f f e r e n c e in s h a p e is s i g n i f i c a n t f or two r e a s o n s w h i c h w i l l be e l a b o r a t e d b e l o w . b e n e f i t s of o l i g o p o l y p r i c i n g s e c u r e . a r e i m p e r v i o u s to First, it m a k e s t he T h a t is, t h e b e n e f i t s (or " r o b u s t " wi.th r e s p e c t to) the a s s u m p t i o n s m a d e a b o u t t h e s h a p e of the m a r g i n a l c o s t c u r v e . S e c o nd , it a l s o h a s m a j o r i m p l i c a t i o n s for t h e b e h a v i o r of the m a r k e t , e v e n if c o m p e t i t i o n is a s s u m e d . T h e s t e e p n e s s of the d e m a n d c u r v e at p r i c e s b e l o w $ 5 . 0 0 m e a n s t h a t t h e m a r k e t w i l l n o t be v e r y r e s p o n s i v e to p r i c e c h a n g e s . 2- The Supply Curve T h e s e c o n d c u r v e n e c e s s a r y to c a l c u l a t e t h e m a r k e t e q u i l i b r i u m a n d / o r t h e p o i n t o f m a x i m u m p r o f i t f or o l i g o p o l i s t s is the m a r g i n a l c o s t (supply) curve (see F i g u r e A . 5). D O E g i v e s 1 9 8 0 m a r g i n a l c o s t s in 1 9 8 0 $ / m c f for f o u r c a t e g o r i e s of d o m e s t i c a l l y p r o d u c e d g a s — associated ("no 7.00h 1980$ PER MILLION CUBIC FEET 5.GO - S o u rce : FIGURE A . 3 MAXIMUM POTENTIAL NATURAL GAS DEMAND CURVE ---------------------------1------------------------ 50 PERCENT OP TOTAL POTENTIAL DEMAND Tables A . 1 and A . 2 "T 80 365 - 15 - FIGURE A . 4 THE DEPARTMENT OF ENERGY*S CONCEPTUAL DEMAND CURVE FINAL CONSUMPTION Sources 21-496 DOE, 0 83 T w o M a r k e t A n a l y s i s , p. A - 9 7 1910$ PEU MILLION CUBIC FEET FIGURE ...5 MARGINAL COST CURVE FOR NATURAL GAS PERCENT OF TOTAL POTENTIAL DEHAND Source: See text 367 - 17 cost"), deep gas shallow conventional ($1.24), t i g h t g a s ($1.50) and ( $2.15). S i n c e all p r i c e s u s e d to p l o t t h e d e m a n d c u r v e a r e 1985 prices stated in 1 9 8 0 $ / m c f , t he c o s t s a r e s t a t e d o n the same b a sis for both d e mand and supply. However, s u p p l y c o s t s a r e e s t i m a t e d for 1980, n o t 1985. the Therefore, it is n e c e s s a r y to c a l c u l a t e m a r g i n a l c o s t s f or 1985. Mar g i n a l costs will rise over time and DOE a ssumes t h e y w i l l r i s e as a f u n c t i o n of t h e d e c l i n i n g s u c c e s s r a t e of natural gas exploration. If s u c c e s s r a t e s c h a n g e d i f f e r e n t l y for e a c h c a t e g o r y of g a s e x p l o r a t i o n , marginal cost curve could change. t h e n t h e s h a p e of the However, for t h e b a s e c a s e , D O E a s s u m e d a real 2 .5 p e r c e n t i n c r e a s e in m a r g i n a l c o s t s p er y e a r . unaffected. future, T h i s l e a v e s t he s h a p e o f t h e c u r v e l a r g e l y F o r the p u r p o s e s of m o v i n g f i v e y e a r s int o the t h i s w o u l d a p p e a r to be a r e a s o n a b l e a s s u m p t i o n . The m a r g i n a l c o s t c u r v e s h o w n in F i g u r e A . 5 i n c l u d e s t h i s 2.5 p e r c e n t p e r y e a r rea l p r i c e i n c r e a s e for the f i v e y e a r s b e t w e e n 1 9 8 0 a n d 1985. H e r e it s h o u l d b e n o t e d t h a t D O E ' s i n i t i a l m a r g i n a l c o s t s for 1 9 80 i n c l u d e a n 8 p e r c e n t r e a l r a t e o f r e t u r n (normal p r o f i t s ) . However, if w e c o m p a r e t he i n i t i a l m a r g i n a l c o s t to t h e a c t u a l p r i c e s b e i n g a l l o w e d o r p a i d in t h e m a r k e t in 1980, we d i s c o v e r t h a t t h e r a t e of r e t u r n is much higher than 8 percent (see T a b l e A . 3). marginal cost estimates imply actual costs p r o f i t s a r e a dded) The initial ( costs b e f o r e o f $ 1 . 1 4 / m c f f or c o n v e n t i o n a l s h a l l o w gas , Table A.3 ESTIMATING IMPLICIT RATES OF RETURN FOR VARIOUS CATEGORIES OF NATURAL GAS (1) Initial Marginal (1980$ rocf) (2) Profit (8% real) (3)__________ (4) , Cost________ Ceiling [(3)=(X)— (2)] Price ___________ __ (1980$ mcf) (5) Production Taxes (7%) (6) d Additional0 Costs (7) Net Producer Revenues t(7)«(4)- (5)-(6)] (8) Implicit Rule of r(8)«(7)- (3)/(3)1 Shallow Conventional 1.24 .10 1.14 2.47 .16 .03 2.28 100 Tight Sands*3 1.50 .11 1.39 4.92 .32 .03 4.57 229 Deep Gas0 2.15 .16 1.99 6.80 .48 .03 6.29 Source: DOE, Two Market Analysis, as follows: W e i g h t e d average of regional marginal costs in Figure III-6, p. A-20. bP. A-54. CP. A-53. ^Attachment 2,p. 2-2. 00 1 369 - 19 $ 1 . 3 9 / m c f f or t i g h t s a n d s g a s a n d $ 1 . 9 9 / m c f f o r d e e p g a s . The cei l i n g pr i c e s a llowed for these types of gas imply r e v e n u e s to p r o d u c e r s (i.e., t h e m a r k e t p r i c e of g a s n e t of s e v e r a n c e a n d o t h e r p r o d u c t i o n t a x e s as w e l l as c o s t a d d - o n s ) of $ 2 . 2 8 / m c f f o r s h a l l o w g a s , $ 4 . 5 7 / m c f for t i g h t s a n d s g a s a n d $ 6 . 2 9 / m c f for d e e p g a s ( a s s u m i n g d e e p g a s c a n g e t the i n t e r s t a t e m a r g i n a l p r i c e t h a t D O E a s s u m e s f or 1981 ) . The implicit rates of return ( b e f o r e i n c o m e taxes) a r e 100 p e r c e n t for s h a l l o w gas , 229 p e r c e n t for t i g h t g a s a n d 216 p e r c e n t for d e e p gas. T hese e x t r e m e l y h igh rates of return are the result of the a b s e n c e o f p r e s s u r e to d r i v e p r i c e s b e l o w t he eff e c t i v e c e i l i n g s wh i c h oil pr i c e s d i s c u s s e d above, (and NGP A ) allow. As the f u n d a m e n t a l m a r k e t p r o c e s s w h i c h s h o u l d d r i v e p r i c e s d o w n in a c o m p e t i t i v e e c o n o m y — the free entry of f i r m s w i l l i n g a n d a b l e to p r o d u c e g a s at t h e a v e r a g e rat e of r e t u r n in t h e e c o n o m y , rate of p r o f i t — In fact, t h e r e b y l o w e r i n g t he p r i c e and the is o b v i o u s l y n o t w o r k i n g . in D O E ' s m o d e l , d o m e s t i c p r o d u c t i o n n e v e r is a b l e to m e e t d o m e s t i c d e m a n d and, t h e r e f o r e , the m a r k e t . However, imports enter t h o s e w h o e x p o r t g a s to t h e U n i t e d S t a t e s b e h a v e at l e a s t as s i l e n t p a r t n e r s in t h e o l i g o p o l y an d do n o t t r y to s t e a l m o r e b u s i n e s s b y m o v i n g t h e i r p r i c e s d o w n to u n d e r c u t the a b n o r m a l p r o f i t s of A m e r i c a n p r o d u c e r s . Indeed, price — t h e y s e t t h e i r p r i c e a t th e t h e o r e t i c a l m a r g i n a l the a l t e r n a t i v e fuel price. is $ 4 . 6 9 / m c f (1980 $). In D O E ' s a n a l y s i s , thi s 370 - 20 The marginal costs cited above generate a curve with a v e r y s h a l l o w s l o p e u n t i l c o n v e n t i o n a l p r o d u c t i o n is exhausted (on a n a n n u a l b a s i s ) thereafter. and a ve r y ste ep slope Interestingly, economist William Nordhaus has re ce nt ly dra wn a s up pl y curve for the oil m a r k e t w it h a similar shape (see F i g u r e A . 6)• T h i s c u r v e is n o t u n l i k e t h e c u r v e D O E u s e s in its c o n c e p t u a l d i s c u s s i o n However, (see F i g u r e A . 7) . n o t e t h a t t h e s l o p e of t h e a c t u a l c u r v e d e r i v e d f r o m D O E ' s d a t a is m u c h m o r e i n e l a s t i c "inflection." Again, (steep) after the p o i n t of t h i s d i f f e r e n c e in s h a p e h a s t w o p o i n t s o f s i g n i f i c a n c e w h i c h w i l l be e l a b o r a t e d b e l o w . First, it ma ke s the potential ben ef it s of o l i g o p o l y rela ti ve ly secure. T h a t is, the b e n e f i t s a r e i m p e r v i o u s to r e s p e c t to) (or r o b u s t w i t h t h e a s s u m p t i o n s m a d e a b o u t t h e s h a p e o f t he de ma nd curve. Second, it h a s i m p o r t a n t i m p l i c a t i o n s f o r ma r k e t behav io r even under the as su mp t i o n of c o mpe tition. It m e a n s t h a t t he m a r k e t w i l l n o t be v e r y r e s p o n s i v e to p r i c e changes. D O E ' s m o d e l is " s o l v e d " at $ 4 . 6 9 / m c f — lent of the lowest pr i c e d a l t e r n a t i v e and d i s t r i b u t i o n c o s t s ) . the e q u i v a (net o f t r a n s m i s s i o n T h e market' s e t t l e s a t a p o i n t at w h i c h a b o u t 16 p e r c e n t o f t h e m a x i m u m p o t e n t i a l d e m a n d is n o t captured by gas producers. T h a t is, 16 p e r c e n t o f t h e p o t e n t i a l d e m a n d is a l l o w e d to s l i p a w a y to a l t e r n a t i v e fuels. 371 - 21 FIGURE A.6 AN ESTIMATED SUPPLY FUNCTION FOR CRUDE OIL Ratio of spot price to official price S o u r c e : W i l l i a m N o r d h a u s , " O i l a n d E c o n o m i c P e r f o r m a n c e in Industrial Countries,* Brookings Papers on Economic A c t i v i t y , 2, 1980, p. 369. 372 - 22 FIGURE A . 7 THE DEPARTMENT OF ENERGY'S CONCEPTUAL SUPPLY CURVE S o u r c e : DOE , T w o M a r k e t A n a l y s i s , p. A . 99 373 - 23 3* Th e Mar k e t at E q u i l i b r i u m As n oted above, t h e s h a p e s o f t h e s u p p l y a nd d e m a n d c u r v e s h a v e i m p o r t a n t i m p l i c a t i o n s for t h e b e h a v i o r o f t h e natural gas market, even under assumptions of c o m p e t i t i o n . B e c a u s e t he c u r v e s a r e so s t e e p , i.e., inelastic, the market w i l l n o t be v e r y r e s p o n s i v e to p r i c e c h a n g e s . Neither demand n o r s u p p l y w i l l be c h a n g e d m u c h , e v e n in t he f a c e of relatively large price increases. T h i s i n s e n s i t i v i t y to p r i c e c h a n g e s , e v e n u n d e r t h e a s s u m p t i o n s of c o m p e t i t i o n , deserves further empirical analysis. E v e n in D O E ' s a n a l y s i s , e l a s t i c i t y is v e r y smal l . in t h e l o n g run, t h e s u p p l y E v e r y d e c o n t r o l s c e n a r i o l e a d s to a l o w e r t o t a l s u p p l y t h a n a c o n t i n u a t i o n of N G P A . more, Further in the s h o r t run, D O E ' s a n a l y s i s s h o w s v e r y s m a l l s u p p l y r e s p o n s e s to p r i c e i n c r e a s e s . T a b l e A . 4 s h o w s t he c a l c u l a t i o n of the a g g r e g a t e m a r k e t e l a s t i c i t y that DOE p r o j e c t s for a c c e l e r a t e d p h a s e d d e c o n t r o l , w h e n c o m p a r e d to a c o n t i n u a t i o n of N G P A . It c a n be s e e n t h a t t h e p r i c e e l a s t i c i t y of s u p p l y is l e s s t h a n .07 in all y e a r s a n d the a v e r a g e is o n l y .04. T h a t is e x t r e m e l y s m a l l . D O E ' s d a t a is i n t e n d e d to t e s t c o m p a r i s o n s b e t w e e n s c e n a r i o s w i t h i n y e a r s (e.g., N G P A c o m p a r e d to a c c e l e r a t e d d e c o n t r o l However, in 1983) the c o n c l u s i o n a b out s u p p l y e l a s t i c i t y s t ands up w h e n the d a t a is l o o k e d at in a n o t h e r w a y . For example, note t h a t the s u p p l y e l a s t i c i t y b e t w e e n t h e y e a r b e f o r e d e c o n t r o l a n d the y e a r a f t e r d e c o n t r o l u n d e r N G P A 1985) is o n l y .039 p e r c e n t . ( c o m p a r e 1 9 8 4 to Table A.4 IMPLICIT SUPPLY ELASTICITIES IN THE AGGREGATE NATURAL GAS MARKET NGPA Base Case ___ ______________ ______ _ _ (1) Wellhead Price (1980$/mcf) (2) Domestic Demand (BCF) (3) Wellhead Price (1980$/mcf) (4) Domestic Demand (BCF) 1982 2.27 17737.6 3.05 18033.9 1983 2.42 17155.0 3.81 1984 2.61 16671.7 1985 4.45 17131.6 Source: Accelerated/Phased Decontrol _______ (All New Scenario)______ (6) % Demand Difference (6) = f (2)-(4) ]/(4) (7) Implicit Elasticity (7) = (6)/(5) 34.3 .5 .015 , 17605.0 57.4 2.6 .045 £ 4.42 17440.5 69.4 4.6 .066 ' 4.69 17088.7 - DOE, Two Market Analysis, Attachment IV. (5) % Price Difference (5)=t(3)-(l)]/(l) 375 - 25 C a l c u l a t i o n of t he d e m a n d e l a s t i c i t y is m o r e c o m p l e x s i n c e t h e r e is a g r e a t d e a l of fue l s w i t c h i n g t h a t g o e s o n in the g a s m a r k e t . I n d u s t r i a l u s e r s o f o i l s w i t c h to g a s as do some residential consumers. Table A . 5 presents a calculation of the i m p l i c i t d e m a n d e l a s t i c i t i e s in t he a g g r e g a t e g a s m a r k e t that DOE p r o j e c t s for a c c e l e r a t e d d e c ontrol. to t a k e a c c o u n t of f u e l s w i t c h i n g , In o r d e r t h e d e m a n d u t i l i z e d as the b a s i s f or t h e c a l c u l a t i o n s is t h e m a x i m u m p o t e n t i a l g a s demand, i.e., t h e t o t a l e n e r g y c o n s u m e d b y all p o t e n t i a l g a s users. S i n c e t h e o i l p r i c e is i d e n t i c a l for a ll s c e n a r i o s , a n y c h a n g e in d e m a n d m u s t be d u e to c h a n g e s in t h e n a t u r a l g a s p r i c e and c h a n g e s in th e m i x of o i l a n d g a s u s e d b y the a g g r e g a t e of c o n s u m e r s . T h a t is, if s o m e oil c o n s u m e r s s w i t c h to g as, t h e y m a y p a y a p r i c e t h a t is l o w e r t h a n t h e y w o u l d h a v e p a i d f or oil. T h e i r e f f e c t i v e p r i c e is l o w e r and t h e i r d e m a n d w i l l be h i g h e r . T h e a g g r e g a t e p r i c e p a i d b y all c o n s u m e r s w o u l d a l s o be l o w e r . To c o m p e n s a t e for t h i s s h i f t in the m i x o f f u e l s , we h a v e c a l c u l a t e d an " e f f e c t i v e " a v e r a g e e n e r g y p r i c e for a l l p o t e n t i a l g a s c o n s u m e r s u n d e r N G P A a nd u s e d it as t he b a s i s for c a l c u l a t i n g d e m a n d elasticities. It w i l l be n o t e d t h a t d e m a n d e l a s t i c i t i e s a r e s o m e w h a t h i g h e r t h a n the s u p p l y e l a s t i c i t i e s , to .184 a n d a v e r a g i n g a b o u t .14. r a n g i n g f r o m .088 T h e i m p l i c i t e l a s t i c i t y for the y e a r in w h i c h d e c o n t r o l b e g i n s u n d e r N G P A is .18. e l a s t i c i t i e s are c o n s i s t e n t w i t h o t h e r e s t i m a t e s . 3 a l s o q u i t e l o w c o m p a r e d to o t h e r c o m m o d i t i e s . These T h e y a re Table A.5 IMPLICIT DEMAND ELASTICITIES IN THE AGGREGATE NATURAL GAS MARKET NGPA Base Case (1) (2) (3) Wellhead Effective Domestic Price Wellhead Demand (1980$/mcf)Price (BCF) Accelerated/Phased Decontrol (All New Scenario) (4) Wellhead Price (1980$/mcf) (5) Domestic Demand (BCF) Estimating the Elasticity (6) % Price Difference (6) = (4) — (2)/(2)xl00] (7) % Demand Difference [ (7)*(3)(5)/(2)xl001 (8) Implicit Elasticity (8=7/6) 1982 2.27 2.44 22908.7 3.05 22495.1 25.0 -2.2 -.088 1983 2.42 2.54 22659.1 3.81 20754.1 50.0 -9.2 -.184 1984 2.61 2.72 4.42 20461.6 -9.3 -.149 1985 4.45 Source: DOE, Two Market Analysis, Attachment IV. 2268.6 4.02 20438.0 4.69 62.5 377 - 27 Thus, t h e s h a p e s o f t h e s u p p l y an d d e m a n d c u r v e s do n o t r e s e m b l e t he c l a s s i c a l , m o d e r a t e l y e l a s t i c s t r a i g h t l i n e s t y p i c a l l y u s e d to d e p i c t " c o m p e t i t i v e " s i t u a t i o n s . Any theoretical conclusions drawn about typical competitive s i t u a t i o n s o n t h e b a s i s o f t h o s e t y p i c a l c u r v e s s h o u l d n o t be e x t r a p o l a t e d to t h e n a t u r a l g a s m a r k e t . A b o v e all, o n e m u s t n o t a s s u m e a g r e a t d e a l of p r i c e s e n s i t i v i t y e v e n w h e r e c o m p e t i t i o n is a s s u m e d . T h e i m p l i c a t i o n s of t h e s e s t e e p l y s l o p i n g s u p p l y and de m a n d cu r v e s (when c o m p a r e d to the cla s s i c a l c u rves of c o m p e t i t i v e s u pply and d e m a n d ) , wh i c h are e x p l o r e d in o t h e r r e p o r t s in t h i s s e r i e s , are: 1. T o t a l s u p p l y u n d e r d e c o n t r o l is n o t g r e a t e r t h a n u n d e r a c o n t i n u a t i o n o f N G P A , e v e n t h o u g h p r i c e s are higher, b e c a u s e s u p p l y responses are small. 2. T h e e q u i t y l o s e s t h a t o n e m i g h t p r e d i c t for d e c o n t r o l are larger than ex p e c t e d be c a u s e demand responses are s m a l l a n d c o n s u m e r s b e a r m o r e of t he b u r d e n t h a n expected. 3. T h e e f f i c i e n c y g a i n s t h a t o n e m i g h t p r e d i c t for decontrol are smaller than expected because supply and demand responses are smaller than expected. H a v i n g e x a m i n e d t he i m p l i c a t i o n s of t h e s h a p e of the s u p p l y a n d d e m a n d c u r v e s f o r the a n a l y s i s w h e n c o m p e t i t i v e b e h a v i o r is a s s u m e d , we t u r n n e x t to t h e a n a l y s i s o f s i t u a t i o n s in w h i c h n o n - c o m p e t i t i v e b e h a v i o r s a r e a s s u m e d . E. The O l i g o po ly Solution If p r o d u c e r s b e h a v e r a t i o n a l l y , they will examine t h e i r m a r g i n a l c o s t a n d m a r g i n a l r e v e n u e c u r v e s in o r d e r to c h o o s e the p r i c e / q u a n t i t y c o m b i n a t i o n w h ich will m a x i m i z e profits. If t h e y a r e o l i g o p o l i s t s o r m o n o p o l i s t s , each FIGURE A. 8 THE OLIGOPOLY PRICE COMPARED TO THE COMPETITIVE MARKET PRICE Source: Table A.l and A.2. 379 - 29 p ro du ce r will not face a p er fe ct ly elastic demand curve. In fact, e a c h o l i g o p o l i s t w i l l f a c e a d e m a n d c u r v e t h a t h a s a s l o p e some place b e t w e e n the m a r k e t de m a n d curve and a perfectly flat demand curve. For p u r p o s e s of t h i s a n a l y s i s , we will assume that each producer faces a demand curve with the s l o p e o f t he m a r k e t d e m a n d c u r v e . This w ould fit a s t r i c t m o n o p o l y or a n u m b e r of o l i g o p o l y a r r a n g e m e n t s . In o r d e r to a r r i v e a t t h e m o n o p o l y (oligopoly) w e m u s t c a l c u l a t e t he m a r g i n a l r e v e n u e c u r v e A . 8). B e c a u s e t h e a c t u a l d a t a is n o t s m o o t h , price, (see F i g u r e the m a r g i n a l r e v e n u e c a l c u l a t i o n s a r e s o m e w h a t e r r a t i c , b u t an a c t u a l p l o t o f the c u r v e s h o w s t h a t the p o i n t w h e r e m a r g i n a l c o s t s e q u a l marginal r e v e n u e s is a r o u n d t h e $ 5 . 0 0 p o i n t . curves yield almost identical results Several smooth (see F i g u r e A . 9). B e c a u s e b o t h t he m a r g i n a l c o s t a n d m a r g i n a l revenue c u r v e s a r e so s t e e p , t h i s p o i n t of m a r k e t e q u i l i b r i u m u n d e r o l i g o p o l y b e h a v i o r is q u i t e r o b u s t . T h a t is, if w e w e r e to a s s u m e t h a t t h e s h a p e of o n e o f t h e c u r v e s w a s d i f f e r e n t , or w e w e r e to s h i f t e i t h e r c u r v e up or d o w n , largely unaffected. F or e x a m p l e , t he r e s u l t w o u l d be F i g u r e A . 10 s h o w s t h e a n a l y s i s w i t h the m a r g i n a l c o s t c u r v e c a l c u l a t e d a s s u m i n g m a r g i n a l c o s t s e s c a l a t e d at 15 p e r c e n t holding import prices c o n s t a n t ) . be a l t e r e d l i t t l e , (real) p e r y e a r (but The oligopoly price would r a n g i n g f r o m $ 5 . 0 0 to $ 5 . 1 0 , d e p e n d i n g o n w h i c h s p e c i f i c a t i o n of the m a r g i n a l r e v e n u e c u r v e is used. If i m p o r t p r i c e s e s c a l a t e a t 15 p e r c e n t p e r y e a r , s t i l l a r e a b o u t t he sam e . the results FIGURE A.9 THE OLIGOPOLY PRICE WITH SMOOTHED DEMAND CURVES Source: Tables A.l and A,2 1980$ PER MILLION CUBIC FEET Source: See text FIGURE A.10 THE OLIGOPOLY PRICE WITH HIGH MARGINAL COSTS PERCENT OF TOTAL POTENTIAL DEMAND 382 - 32 It s h o u l d b e n o t e d t h a t t h e o l i g o p o l y p r i c e w o u l d reduce s up pl y by ab o u t 6 p e r ce nt ag e points b e l o w the c o m p e titive market solution. Assuming a higher cost curve, the r e d u c t i o n in s u p p l y m i g h t b e a s l a r g e a s 13 a d d i t i o n a l percentage points. Thus, an o l i g o p o l y a s s um pt io n will lead to a m a r k e t p r i c e a b o u t 10 p e r c e n t h i g h e r t h a n t h e c o m p e t i t ive a s s u m p t i o n w i t h the q u a n t i t y s u p p l i e d r e d uced by at least 6 percentage points. A m e s s a g e o f e q u a l s i g n i f i c a n c e to b e d r a w n f r o m t h e a n a l y s i s is t h a t t h e o l i g o p o l y p r i c e w i l l b e s e n s i t i v e to t h e re s i d ential, not the industrial, ma r k e t . T h a t is, o v e r o n e - q u a r t e r of a l l t h e d e m a n d o c c u r s a s i n t e r s t a t e r e s i d e n t i a l d e m a n d at $ 5 . 0 8 a n d t h i s a p p e a r s to b e t h e c r i t i c a l p o i n t on the d e m a n d c u r v e . 4 The hi g h sulfur residual oil m a r k e t is n o t i m p o r t a n t to t h e o l i g o p o l i s t a n d h e f o r e g o e s m o s t o f it. T h e r e s i d e n t i a l d e m a n d is t h e m o s t i m p o r t a n t p o i n t o n t h e d e m a n d c u r v e a n d it is a p o i n t a b o u t w h i c h t h e r e a r e s i g n i f i c a n t d i f f e r e n c e s o f o p i n i o n in r e g a r d to t h e t r u e e l a s t i c i t y of demand. In t h e n e x t s e c t i o n , w e e x a m i n e a n al t e r n a t i v e as su m p t i o n about r es id ential and c om me rc ial demand. T h i s l e a d s us to r e d r a w t h e d e m a n d c u r v e a n d e x a m i n e t h e i m p l i c a t i o n s of a d i f f e r e n t l y s h a p e d d e m a n d c u r v e f o r t he market price set by oligopolistic behavior. F. Alternative Assumptions About Residential/ Commercial Sector Demand In c a l c u l a t i n g t h e a l t e r n a t i v e f u e l p r i c e s f o r industrial and e le ct ri c u t i l i t y demand, DOE included fuel 383 - 33 conversion costs (i.e., t h e c o s t of s w i t c h i n g to gas) s u c h c o s t s a r e a s s u m e d to e x i s t . where Moreover, at the margin, d u a l f u e l b u r n i n g c a p a c i t y w a s a s s u m e d to e x i s t so t h a t t h e r e a r e no c o n v e r s i o n c o s t s . D O E did not factor c o n v e r s i o n costs into the a l t e r n a t i v e fuel pr i c e for the res i d e n t i a l and co m m e r c i a l m a r k e t s since t hese m a r k e t s w ere not n e a r the theoretical margin. However, if r e s i d e n t i a l a n d c o m m e r c i a l d e m a n d is g o i n g to p l a y a c r i t i c a l r o l e in s e t t i n g t h e o l i g o p o l y p r i c e , t h e n t h e r a t i o n a l o l i g o p o l i s t w o u l d d e f i n i t e l y w a n t to t a k e c o n v e r s i o n c o s t s in t h o s e s e c t o r s i n t o a c c o u n t . T h a t is, if residential and commerc ia l c o n su me rs mu s t incur a dditional c o s t s to c o n v e r t f r o m n a t u r a l g a s to s o m e a l t e r n a t i v e , t h i s r a i s e s t he e f f e c t i v e c o s t of t h e a l t e r n a t i v e fuel. Oligopo l i s t s c a n c a p t u r e s o m e o f t h i s in t h e i r p r i c e w i t h o u t f e a r o f losing that demand. In fact, t h e r e is v e r y l i t t l e d u a l fuel b u r n i n g c a p a c i t y in t h e r e s i d e n t i a l a n d c o m m e r c i a l s e c t o r s a n d v e r y s i g n i f i c a n t c o n v e r s i o n c o s t s in t h o s e s e c t o r s . L e t us t a k e a s i m p l e e x a m p l e . First, we assume c o n v e r s i o n c o s t s of $ 1 4 0 0 to b e a m o r t i z e d over seven years.^ (simple payback) Spread over an a verage annual c o n su mp ti on o f 100 m i l l i o n B T U s p e r y e a r , t h i s w o u l d a d d $ 2 . 0 0 / m c f to the e f f e c t i v e a l t e r n a t i v e fuel p r i c e . 6 The commercial sector w o u l d h a v e l a r g e r v o l u m e s of g a s c o n s u m e d b u t h i g h e r c o n v e r s i o n c o s t s , so t h a t $ 2 . 0 0 / m c f is a r e a s o n a b l e e s t i m a t e for t h i s s e c t o r as w e l l . Finally, we a s s u m e that all r e s i dential and commercial users must incur these costs. 384 - 34 The resulting demand curve (see F i g u r e A . 11) b e c o m e s m u c h smoother than the earlier curve and less elastic, steeper* i.e . , A stra ig ht line m a r gi na l revenue curve n ow cuts the m a r g i n a l c o s t c u r v e a t a l o w e r q u a n t i t y l e a d i n g to a h i g h e r price. T h e o l i g o p o l i s t w o u l d o p t i m i z e p r o f i t s in t h e $ 5 . 40/M CF range and s up p l y would be reduced by an ad di ti o n a l 10 p e r c e n t a g e p o i n t s . T h i s m o d i f i c a t i o n o f t h e d e m a n d c u r v e l e a d s to r a t h e r robust results. If w e a s s u m e o n l y $ 1 . 0 0 / m c f in c o n v e r s i o n c o sts, the o l i g o p o l y p r ice w o u l d be b e t w e e n $5.30 and $5.40. Obviously, different assumptions about c o nversion c o s t s a n d / o r m o r e d e t a i l e d a n a l y s i s o f t h e c a p a c i t y to s w i t c h f u e l s in t h e s h o r t a n d l o n g t e r m m i g h t a l t e r t h e s e o u t c o m e s . However, s o m e c o n v e r s i o n c o s t s m u s t be f a c t o r e d in a n d a p r i c e r a n g e o f $ 5 . 3 0 - $ 5 . 4 0 f or t h e o l i g o p o l y w e l l h e a d p r i c e s e e m s to be a g o o d e s t i m a t e . T h i s is a p r i c e t h a t is a b o u t 15 p e r c e n t h i g h e r t h a n D O E ' s a s s u m e d m a r k e t c l e a r i n g p r i c e a n d a b o u t t w i c e as h i g h as t h e i n d u s t r y e s t i m a t e s . The q u a n t i t y s u p p l i e d w o u l d b e a b o u t 15 p e r c e n t b e l o w t h e c o m p e t i t i v e m a r k e t s o l u t i o n w h i c h m e a n s t h a t 30 p e r c e n t of t h e t o t a l d e m a n d is f o r e g o n e . G. Su m m a r y and C o n c l u s i o n In t h i s A p p e n d i x , the p o s si bl e impact of o l i g o p o l i s t i c , as o p p o s e d to c o m p e t i t i v e , b e h a v i o r o n t h e m a r k e t pr i c e of na t u r a l gas h a s b e e n examined. FBI CUBIC HXLLXOW 1980$ m Source: S«« text FICU»E A.11 THE OLIGOPOLY /RICE WITH CONVERSION COSTS IN THE RESIDENTIAL/COMMERCIAL SECTORS ■-■ ■ ■ ■— 1 , 11 SO PERCENT OP TOTAL POTENTIAL DEMAND ~T 80 386 - 36 It h a s b e e n s h o w n t h a t t h e c o n f i g u r a t i o n o f t h e s u p p l y a n d d e m a n d c u r v e s is s u c h t h a t o l i g o p o l i s t s c o u l d administer prices with considerable security. In c o n t r a s t to the m a r k e t c l e a r i n g p r ice e s t i m a t e d b y DOE of $ 4 . 69/mcf, an o l i g o p o l y s i t u a t i o n c o u l d r e s u l t in a m a r k e t p r i c e in e x c e s s o f $ 5 . 4 0 , a l t h o u g h a r a n g e of $ 5 . 3 0 to $ 5 . 4 0 m a y b e m o r e likely. The e s t i m a t i o n of the su pp ly curve also reveals that t h e r a t e o f r e t u r n o n n a t u r a l g a s p r o d u c t i o n is e x t r e m e l y high — b e t w e e n 100 a n d 300 p e r c e n t . The se rates of prof it c a n b e p r e s u m e d to r e f l e c t a n a b s e n c e o f c o m p e t i t i v e c o n d i t i o n s on the s u p p l y side of the market. From a more general perspective, t h e . s h a p e of the d e m a n d and sup p l y cur ves that h ave b een calc ul a t e d should c a u t i o n a g a i n s t s i m p l i s t i c a n a l y s e s of the g a s m a r k e t ev e n w h e r e c o m p e t i t i o n is a s s u m e d . (i.e., inelastic) Both c urves are quite s te ep at t h e p o i n t o f e q u i l i b r i u m , m e a n i n g t h a t t h e y a r e i n s e n s i t i v e to p r i c e c h a n g e s . 387 - 37 - FOOTNOTES ^DOE, Two M a r k e t A n a l y s i s of N a t u r a l Ga s D e c o n t r o l ( W a s h i n g t o n , DC: G o v e r n m e n t P r i n t i n g O f f i c e , N o v e m b e r 1 9 8 1 ) . 2 A brief d e sc r i p t i o n of the basic s tr uctural c h a r a c t e r i s t i c s o f t h e n a t u r a l g a s m a r k e t t h a t l e a d u s to t h i s .co n cl u s i o n c a n b e f o u n d in Dr. M a r k C o o p e r , D i r e c t o r o f Research, Cons um er E nergy Council of America, "The Im ple m e n t a t i o n of T itle I of the Na t u r a l Gas P o l i c y Act of 1978," t e s t i m o n y b e f o r e the C o m m i t t e e on Ene r g y and N a t u r a l R e s o u r c e s , U n i t e d S t a t e s S e n a t e ( N o v e m b e r 5, 1 9 8 1 ) . ^ R o b e r t S. P i n d y c k , T h e S t r u c t u r e o f W o r l d E n e r g y (Cambridge, M IT Press, 1 & 7 9 ) . 4 T h e s l o p e o f t h e d e m a n d c u r v e c a n b e d e s c r i b e d as follows: T h e r e is a s e c t i o n o f t h e c u r v e ( a b o u t 20 p e r c e n t of t h e t o t a l d e m a n d ) t h a t is r e l a t i v e l y i n e l a s t i c (steep) at h i g h w e l l h e a d p r i c e s ( b e t w e e n $ 5 . 7 0 a n d S 6 . 7 0 / M C F in 1 9 8 0 $). T h i s d e m a n d o c c u r s in t h e i n t r a s t a t e m a r k e t . This block combines high priced alternative fuels with low transmission costs. T h a t is, t h e w e l l h e a d g a s p r i c e c o u l d be q u i t e h i g h b e c a u s e t he a l t e r n a t i v e is e x p e n s i v e a n d t r a n s m i s s i o n and d i s t r i b u t i o n c o s t s a r e low. T h e r e is t h e n a s e c o n d s e c t i o n of t h e c u r v e ( about 60 p e r c e n t of total demand) that a p p e a r s quite e l a s t i c (between $ 5 . 0 0 a n d $ 5 . 6 0 / M C F in 1 9 8 0 $). M o s t of t h i s b l o c k (43 p e r c e n t a g e p o i n t s o f t h e 60 p e r c e n t a g e p o i n t s ) is m a d e u p of the int e r s t a t e residential, c o m m e r c i a l and i ndustrial nonboiler demand. This block combines high priced alter natives with high transmission costs. N e x t , t h e r e is a b l o c k (ab o u t 18 p e r c e n t o f t o t a l d e m a n d ) w h i c h is r e l a t i v e l y i n e l a s t i c at p r i c e s b e t w e e n $ 3 . 9 0 a n d $ 5 . 0 0 / M C F in 1 9 8 0 $. T h i s is p r i m a r i l y i n d u s t r i a l d e m a n d — plus some commercial demand. This includes the ca te go ry of h i g h s u l f u r r e s i d u a l . F i n a l l y , t h e r e is a s m a l l b l o c k o f d e m a n d (ab o u t 3 p e r c e n t ) t h a t is v e r y i n e l a s t i c a t l o w p r i c e s . T h i s b l o c k is intrastate boiler demand. In D O E ' s a n a l y s i s , t h e i n d u s t r i a l d e m a n d b e t w e e n $ 3 9 . 0 a n d $ 5 . 0 0 is t h e c r i t i c a l m a r g i n a l d e m a n d . In t h e o l i g o p o l y s i t uation, the r e s i d e n t i a l d e mand a b o v e $5.00 a p p e a r s to be t h e c r i t i c a l m a r g i n a l d e m a n d . Demand ^ S e e , C o n s u m e r E n e r g y C o u n c i l o f A m e r i c a , "An A n a l y s i s of the E c o n o m i c s of Fuel S w i t c h i n g V e r s u s C o n s e r v a t i o n f or t h e R e s i d e n t i a l H e a t i n g O il C o n s u m e r " ( W a s h i n g t o n , DC, O c t o b e r 5, 1980) for a d i s c u s s i o n o f c o n s e r v a t i o n costs. 388 T H E P A S T AS P R O L O G U E II THE ECO N O M I C EF F E C T S OF RI S I N G E N E R G Y PRICES: A C o m p a r i s o n of t h e O il P r i c e S h o c k and Natural Gas Decontrol A. Introduction O n e of t he c e n t r a l q u e s t i o n s t h a t m u s t be a n s w e r e d in e v e r y p o l i c y d e c i s i o n a f f e c t i n g e n e r g y p r i c e s is " W h a t will the e c onomic impact be?" E n e r g y is of s u c h c e n t r a l i m p o r t a n c e to the c o n d u c t of m o s t e c o n o m i c a c t i v i t i e s t h a t pricing decisions can have a major impact on the level and type of output that our e conomy produces. In t h i s r e p o r t t he C o n s u m e r E n e r g y C o u n c i l o f America Research Foundation n u m b e r of p e r s p e c t i v e s , (CECA / R F ) analyzes, from a t h e r e l a t i o n s h i p b e t w e e n c h a n g e s in t h e p r i c e of e n e r g y a n d c h a n g e s in e c o n o m i c a c t i v i t y . First, we ma k e a br i e f s t a t e m e n t of the g e n e r a l t h e o r e t i c a l r e l a t i o n s h i p b e t w e e n c h a n g e s in e n e r g y p r i c e s a n d e c o n o m i c activity. S e c o n d , we r e v i e w t h e r e c o r d o f t h e i m p a c t of t h e "oi l p r i c e s h o c k " a n the e c o n o m y . Third, we examine r e c e n t p r o j e c t i o n s o f the i m p a c t of n a t u r a l g a s d e c o n t r o l . T h e c e n t r a l c o n c l u s i o n t h a t t h e r e p o r t r e a c h e s is that energy price increases have a massive, negative impact o n t h e e c o n o m y , an i m p a c t t h a t p e r s i s t s for a c o n s i d e r a b l e l e n g t h of time — at least a decade. mitig a t e that impact — Further, p o l i c i e s to a t t h e l e v e l o f i n d i v i d u a l s a n d at t h e l e v e l of t he g e n e r a l e c o n o m y — have either not been 389 e f f e c t i v e in t h e p a s t or h a v e s i m p l y n e v e r b e e n d e v e l o p e d an d i m p l e m e n t e d . T h e p r o s p e c t s for n a t u r a l g a s d e c o n t r o l a p p e a r to be e q u a l l y bleak. E n e r g y and t he E c o n o m y : A General Conceptualization T h e n e g a t i v e e c o n o m i c i m p a c t of r i s i n g e n e r g y p r i c e s o c c u r s in two i n t e r c o n n e c t e d w a y s . T h e r e t e n d s to be a r e d u c t i o n in t he l e v e l of o u t p u t a nd a l s o a l o s s in productivity. 1. Economic Activity T h e r e d u c t i o n in o u t p u t t h a t r i s i n g e n e r g y p r i c e s m a y c a u s e s t e m s f r o m the f a c t that, in t he s h o r t run, it is d i f f i c u l t to f i n d s u b s t i t u t e s for e n e r g y in m a n y e c o n o m i c activities (i.e., it is p r i c e i n e l a s t i c ) , 1 When prices rise, a l a r g e r s h a r e of i n c o m e m u s t be d e v o t e d to e n e r g y b e c a u s e c o n s u m p t i o n c a n n o t be r e d u c e d in the s h o r t run. The i n c r e a s e in i n c o m e d e v o t e d to e n e r g y p r i c e s m a y a p p e a r in two ways. First, t he i n c o m e s p e n t d i r e c t l y for e n e r g y , e .g., h o u s e h o l d h e a t i n g fue l s , etc., w i l l rise. Second, the e n e r g y c o s t s r e l a t e d to p r o d u c i n g all g o o d s a nd s e r v i c e s w i l l rise. If t h e p r o d u c e r s of t h e s e g o o d s and s e r v i c e s are a b l e to p a s s t h r o u g h the i n c r e a s e in e n e r g y c o s t s to c o n sumers, t h e n t h e r e w i l l be a g e n e r a l l e v e l of t h o s e g o o d s . increase through, i n c r e a s e in t h e p r i c e If t h e y are n o t a b l e to p a s s the t h e r e w i l l be a r e d u c t i o n in p r o f i t s in non-energy sectors. 390 G i v e n t he g e n e r a l t e n d e n c y o f p r i c e s in o u r e c o n o m y no t to d e c l i n e , t he r e s p o n s e to a r i s e in e n e r g y p r i c e s t e n d s to be an i n c r e a s e in t he g e n e r a l p r i c e leve l . is, rising e n e r g y co s t s will be p a s s e d through. That If the m o n e y s u p p l y d o e s n o t e x p a n d to a c c o m m o d a t e t h e p r i c e increase a n d w a g e s do n o t r i s e as f a s t as p r i c e s t h e n the p r i c e i n c r e a s e r e d u c e s rea l i n c o m e increase, (i.e., the same 2 n u m b e r of d o l l a r s p u r c h a s e s f e w e r g o o d s a n d s e r v i c e s ) . R e d u c e d real i n c o m e m e a n s l o w e r c o n s u m p t i o n o u t l a y s a n d l o w e r real GNP. T h i s e f f e c t c a n be c o m p o u n d e d b y an i n c r e a s e in interest rates.3 R i s i n g p r i c e s l e a d to a n i n c r e a s e d d e m a n d fo r c r e d i t to f i n a n c e h i g h e r l e v e l s of s p e n d i n g or i n v e s t ment. Again, if m o n e t a r y p o l i c y is n o t a c c o m m o d a t i v e , interest rates rise supply) as (due to i n c r e a s e d d e m a n d a n d t i g h t m o n e y t he c o s t s o f f i n a n c i n g c o n s u m p t i o n o r i n v e s t m e n t i n c r e a s e a n d t h e l e v e l of r e a l s p e n d i n g d e c l i n e s . In r e a l i t y , t h e r e s p o n s e o f t he e c o n o m y to p r i c e i n c r e a s e s t e n d s to b e a m i x t u r e of t h e s e p o s s i b i l i t i e s . M o s t of t h e p r i c e i n c r e a s e s a r e p a s s e d t h r o u g h (with a lag) a n d w a g e s t r y to k e e p u p (wi t h a l o n g e r l a g ) . The general c o n s e n s u s is, h o w e v e r , unavoidable income, (1) t h a t in the s h o r t run, t h e r e is a n i n c r e a s e in p r i c e s , (2) r e d u c t i o n in rea l (3) r e d u c t i o n in real o u t p u t and, as a c o n s e q u e n c e , (4) a n i n c r e a s e in u n e m p l o y m e n t . conse ns us that accommod at iv e, T h e r e is a l s o an e m e r g i n g rather than tight, m o n e t a r y 391 and fiscal p o l i c y can reduce these impacts, but not e l i m i n a t e them. W h i l e t h e r e is a g e n e r a l c o n s e n s u s t h a t s h o r t run negative impacts occur wh e n e n ergy prices are increased, t h e r e is no c o n s e n s u s a b o u t j u s t h o w l o n g the s h o r t r un is or h o w l a r g e the i m p a c t s w i l l be. 4 S o m e a r g u e t h a t the a d j u s t m e n t p e r i o d c a n be q u i t e lon g — well over a decade; o t h e r s e n v i s i o n s h o r t e r p e r i o d s of a d j u s t m e n t , u p to a decade. 2. Productivity Rising energy prices can also have a negative impact o n p r o d u c t i v i t y for a n u m b e r of r e a s o n s . 5 1. B e c a u s e t he u t i l i z a t i o n of l a b o r a n d c a p i t a l d e c l i n e s m o r e s l o w l y t h a n the d e c l i n e o f o u t p u t , tivity declines produc (i.e., l a b o r is " h o a r d e d " a nd c a p i t a l is not s c r a p p e d at a s u f f i c i e n t l y r a p i d p a c e to k e e p p r o d u c t i v i t y up) . 2. As e c o n o m i c a c t i v i t y d e c l i n e s , the g e n e r a l r ate of i n v e s t m e n t d r o p s off, s l o w i n g p r o d u c t i v i t y g r o w t h . 3. A s e n e r g y p r i c e s rise, c a p i t a l a n d l a b o r a r e s u b s t i t u t e d for e n e r g y in the p r o d u c t i o n p r o c e s s a n d t h a t m e a n s l e s s o u t p u t p e r u n i t of c a p i t a l a n d l a b o r i nput. 4. I n s o f a r as c a p i t a l a n d l a b o r a r e n o t p e r f e c t s u b s t i t u t e s f or e n e r g y , an a d d i t i o n a l lo s s in p r o d u c t i v i t y occurs^ 392 5. T h e n e e d to i n v e s t in e n e r g y s a v i n g s d e l a y s the i n v e s t m e n t in e q u i p m e n t d e s i g n e d to e n h a n c e l a b o r p r o d u c tivity. This reduces the gro w t h in t h e p r o d u c t i v i t y of labor. T h e f i r s t a nd s e c o n d e f f e c t s a r e p r i n c i p a l l y s h o r t term effects; the t h i r d , f o u r t h a nd f i f t h e f f e c t s m a y be s o m e w h a t l o n g e r t e r m in n a t u r e . Once again, t h e r e t e n d s to be g e n e r a l a g r e e m e n t t h a t t h e s e e f f e c t s o c c u r ; b u t t h e r e is r a t h e r w i d e d i s a g r e e m e n t a b o u t h o w l a r g e t h e y a r e and h o w long they l ast.6 3- Potential Benefits It s h o u l d b e n o t e d h e r e t h a t t h e r e a r e p o t e n t i a l e f f i c i e n c y bene fi ts of decontrol. 7 be noted. 1. Three such benefits can It is p o s s i b l e t h a t m o r e a g g r e g a t e o u t p u t c a n b e a c h i e v e d f or e a c h u n i t of d o m e s t i c r e s o u r c e s e x p e n d e d in a c q u i r i n g a g i v e n l e v e l of e n e r g y s u p p l y . T h a t is, if r e s o u r c e s a r e d i v e r t e d f r o m t h e s e a r c h for h a r d - t o - f i n d e n e r g y s o u r c e s to m o r e e a s i l y l o c a t e d a n d / o r p r o d u c e d sources, t h e n l e s s r eal r e s o u r c e s w i l l be u s e d to p r o d u c e t h e s a m e a m o u n t o f avai l a b l e ^ e n e r g y . F or e x a m p l e , if i n c e n t i v e s h a v e b e e n s t r u c t u r e d b y p a r t i a l d e c o n t r o l to d i r e c t e x p l o r a t i o n t o w a r d m o r e e x p e n s i v e d e e p g a s , t h e n f u l l d e c o n t r o l m i g h t c a u s e p r o d u c e r s to sh i f t their e x p l o r a t i o n toward less e x p e n s i v e s h a l l o w gas. 393 P r o d u c e r s c o u l d c o n s u m e f e w e r r e s o u r c e s in f i n d i n g the s a m e a m o u n t of 'gas, T h e s e s a v e d r e s o u r c e s c a n t h e n be p u t to a l t e r n a t i v e u s e s in s o c i e t y . reflected If the r e d u c t i o n in real r e s o u r c e c o s t s is in l o w e r e n e r g y p r i c e s , additional real r e s o u r c e s at t h e i r d i s p o s a l , p r i c e s do n o t fall, additional 2. c o n s u m e r s w i l l h a v e the If e n e r g y t h e n e n e r g y p r o d u c e r s w i l l h a v e the real r e s o u r c e s at t h e i r d i s p o s a l , If d o m e s t i c s u p p l i e s r e p l a c e i m p o r t s a n d r e d u c e the a g g r e g a t e import bill, then domestic economic activity w i l l be s t i m u l a t e d to the e x t e n t t h a t r e s o u r c e s k e p t in the d o m e s t i c e c o n o m y r e c y c l e t h r o u g h the e c o n o m y m o r e e f f i c i ently than exported dollars. 3. C o n t r o l l e d e n e r g y p r i c e s m a y r e s u l t in too m u c h e n e r g y b e i n g c o n s u m e d b y c e r t a i n c o n s u m e r s and, of e n e r g y r a t i o n i n g r e s u l t s , others. if s o m e f o r m too l i t t l e b e i n g c o n s u m e d by This i n e f ficient a l l o c a t i o n ma y reduce the m a g n i t u d e of t o t a l o u t p u t . T h e f i r s t se t of b e n e f i t s t e n d s to b e l o n g t e r m in nature. Again, T h e s e c o n d a n d t h i r d a r e b o t h s h o r t a n d l o n g term. c o n s i d e r a b l e d i f f e r e n c e of o p i n i o n e x i s t s o v e r the ma gn it ud e of these p ot en ti al ly positive impacts b ecause they are c r i t i c a l l y d e p e n d e n t on w h e t h e r resou r c e s are a c t u a l l y m a d e a v a i l a b l e , on w h o m h a s a c c e s s to t h e m a n d o n t h e u s e s to w h i c h t h e y a r e put. 394 4. Conclusion E c o n o m i c t h e o r y d o e s n o t l e a d to c l e a r c o n c l u s i o n s a b o u t the u l t i m a t e i m p a c t of t he d e c o n t r o l of e n e r g y prices, T h a t is, t h e r e is a s o u n d t h e o r e t i c a l b a s i s to e x p e c t s i g n i f i c a n t econo m i c and p r o d u c t i v i t y losses and a sound t h e o r e t i c a l b a s i s to e x p e c t s o m e r e s o u r c e g a i n s , b u t t h e r e is no t h e o r e t i c a l b a s i s for d e c i d i n g w h i c h w i l l b e l a r g e r . T h e b o t t o m l i n e is a n e m p i r i c a l on e . T h a t is, the u l t i m a t e shape (elasticity) energy iss u e , not a theoretical i m p a c t is d e t e r m i n e d b y t he of t he d e m a n d a n d s u p p l y c u r v e s for ( which d e t e r m i n e s the b e n e f i t s ) a n d the e l a s t i c i t y of s u b s t i t u t i o n b e t ween e n e r g y and o ther f actors of p r o d u c t i o n ( w h i c h d e t e r m i n e s t he c o s t s ) . Appendix A presents a brief c o n c e p t u a l i z a t i o n of t h i s i s sue. e m p h a t i c a l l y n o t e d tha t , However, it s h o u l d be m o s t as the f o l l o w i n g d i s c u s s i o n s h o w s , t h e e m p i r i c a l e v i d e n c e s t r o n g l y s u g g e s t s t h a t the p o t e n t i a l e f f i c i e n c y b e n e f i t s do n o t o u t w e i g h th e c o s t s . The e m p i r i c a l a n s w e r s e e m s to be n e g a t i v e . T h e d i s a g r e e m e n t o v e r th e m a g n i t u d e a nd d u r a t i o n o f t he i m p a c t o f d e c o n t r o l is m o s t f r e q u e n t l y e x p r e s s e d in the r e s u l t s of the e c o n o m e t r i c m o d e l s w h i c h a r e u s e d to s i m u l a t e t h e b e h a v i o r of t he e c o n o m y . T h e n e x t s e c t i o n r e v i e w s the i m p a c t o f the o i l p r i c e s h o c k o n t h e e c o n o m y as s e e n t h r o u g h t he e y e s of a n u m b e r of e c o n o m e t r i c m o d e l s . A l l o f the m o d e l s t e n d to c o n f i r m the g e n e r a l c o n c e p t u a l i z a t i o n p r e s e n t ed a b o v e , although they differ in d e t a i l s , 395 C. T h e Oil P r i c e S h o c k 1, Prices and I n flation The first, critical macroeconomic i s s u e r e l a t i n g to d e c i s i o n s a f f e c t i n g e n e r g y p r i c e s is t he m a g n i t u d e and s p e e d of the p r i c e i n c r ea s e . The gre a t e r and more rapid the orice increase, the g r e a t e r the i m p a c t w i l l be t h r o u g h o u t t h e economy. For two m a j o r r e a s o n s , p r i c e i n c r e a s e s s h o u l d be s t u died first and s e p a r a t e l y from other m a c r o e c o n o m i c i m p a c t s s u c h as the i m p a c t on u n e m p l o y m e n t , c h a n g e s output, in etc. First, as n o t e d a b o v e , t he p r i c e i n c r e a s e s a r e the t r i g g e r to t he t r a n s f e r of r e s o u r c e s on t he d e m a n d s i d e and t h e e s c a l a t i o n of c o s t s o n t he s u p p l y side. Second, to a c o n s i d e r a b l e e x t e n t , p r i c e a n d i n f l a t i o n a r y i m p a c t s c a n be s t u d i e d in a s i m p l e f a s h i o n w i t h o u t complicating assumptions, p r o j e c t i o n s or e c o n o m e t r i c m o d e l s . O t h e r e c o n o m i c i m p a c t s c a n n o t be s t u d i e d in s u c h a f o r m a t . T h e m a g n i t u d e of p r i c e i n c r e a s e s in c r u d e o il a nd pe tr ol eu m products resulting from decontrol T a b l e 1. is d e s c r i b e d in P r i c e i n c r e a s e s in c r u d e o i l at the w e l l h e a d , r e f i n e r a c q u i s i t i o n c o s t s , and p r o d u c t p r i c e s w e r e all w e l l in e x c e s s of 64 p e r c e n t b e t w e e n J u n e 19 7 9 a n d N o v e m b e r 1981. T h e s e p r i c e i n c r e a s e s in p e t r o l e u m p r o d u c t s far e x c e e d e d the i n c r e a s e s in the C o n s u m e r P r i c e I n d e x (CPI) A l l i t e m s in the CPI i n c r e a s e d b y 31 p e r c e n t in t h a t two year period. Of c o u r s e , e n e r g y prices are one impor t a n t c o m p o n e n t of the C P I i t s e l f , so t h a t n o n - e n e r g y i t e m s in the 396 Table 1 RISING PRICES SINCE DECONTROL May 1979 November 1981 Percentage Increase Refiner Acquisition Costs3 Domestic Crude ($/bbl) Importedd Crude ($/bbl) 12.41 19.00 33.49 36.21 169.9 90.5 Consumer Prices*3 Heating Oil ($/gallon) Gasoline ($/gallon) Energy (index, 1967=100) .656 .823 260.8 Consumer Price Indexc All Items (index, 1967=100) All Non-energy Items (index, 1967=100) Source: 1.209 1.351 417.6 84.2 64.2 60.2 214.1 280.7 21 210.7 270.4 28 U.S. Department of Energy aMonthly Energy Review, various issues bU.S. Bureau of Labor Statistics, Consumer Price Index cConsumer Price Index, various issues 397 I n d e x i n c r e a s e d m o r e s l o w l y t h a n the o v e r a l l index. An in d e x c o m p o s e d of all n o n - e n e r g y i t e m s w o u l d h a v e i n c r e a s e d o n l y 28 p e r c e n t in t h a t period. Moreover, rising petroleum prices have an indirect i m p a c t o n all n o n - e n e r g y items in the index. rising energy prices noted above. T h a t is, i n c r e a s e the c o s t of o t h e r items, as It is p o s s i b l e to e s t i m a t e w h a t the C P I w o u l d h a v e b e e n if e n e r g y p r i c e s h a d n o t b e e n r i s i n g so rapi d l y . S u c h e s t i m a t e s v a r y d e p e n d i n g o n the e c o n o m e t r i c m o d e l s u sed a nd the a s s u m p t i o n s m a d e a b o u t w h a t p r i c e s w o u l d h a v e b e e n in the a b s e n c e of d e c o n t r o l . H o w e v e r , a r e v i e w of a n u m b e r o f e c o n o m e t r i c a n a l y s e s s h o w s t h a t the i m p a c t o f r i s i n g oil p r i c e s o n the G N P d e f l a t o r w a s e s t i m a t e d to be in the r a n g e of a 2.7 to 3.0 p e r c e n t c u m u l a t i v e i n c r e a s e b e t w e e n 1979 and 1981 (see T a b l e 2). higher, T h e i m p a c t o n t he C PI w a s s o m e w h a t in the r a n g e of 3.9 to 4.9 p e r c e n t . B e c a u s e t h e s e m o d e l s w e r e run in l a t e 1 9 7 9 a nd e a r l y 1980 they are p a r t l y r e t r o s p e c t i v e and pa r t l y p r o s p e c t i v e w i t h r e g a r d to the e n e r g y p r i c e s h o c k of 1 9 7 9 - 8 0 . T h us, it is i m p o r t a n t to n o t e t h a t m o s t of t he e s t i m a t e s c o n t a i n e d in Table 2 we r e based on estim a t e d oil pric e s that w e r e u n d e r s t a t e d b y a b o u t 30 p e r c e n t b e c a u s e the a n a l y s e s w e r e p e r f o r m e d b e f o r e t h e s p a t e of i n c r e a s i n g p r i c e s h a d r un its course. Therefore, t he e s t i m a t e d i m p a c t of o i l p r i c e i n c r e a s e s o n t h e G N P d e f l a t o r s h o u l d p r o b a b l y b e in the 3.9 to 4.3 p e r c e n t a g e p o i n t range, w h i l e i n c r e a s e s in the CPI s h o u l d p r o b a b l y be in t he 5.6 to 7.0 p e r c e n t a g e p o i n t range. 2 1-496 0 83 26 398 Table 2 ANNUAL CHANGES IN INFLATION DUE TO OIL PRICE INCREASES (in percent) Source Congressioinal Budget Office May 1979: Decontrol only, June 1979: Decontrol only, June 1980: Decontrol only, June 1980: Decontrol only, GNP deflator. GNP deflator <2*P deflator CPI-W Wharton (June 1980)d Second half of decontrol only: CPI (gasoline tax assumed) 1979 1980 1981 1982 1983 19S4 + ,1 0 + .2 + .3 +1.1 +1.5 + .3 + .1 +1.7 +2.1 0 + .4 + .6 + .7 0 + .5 na na 0 na na na +2.01 na na na na na .92 +1.01 Mork and Hall6 (Nov. 1979) Total energy shock: +1.8 +1.3 + .1 na Eckstein (DRI)f (Nov. 1979) Total energy shock: GNP Total energy shock: Personal consump tion deflator (CPI) + .9 +1.5 + .4 - .2 0 + +1.1 +2.3 +1.5 + .9 + .6 + ^Thurman and Berner (MPS)g (Nov. 1979) Total energy shock: GNP deflator Total energy shock: Personal consump tion deflator (CPI) + .1 +1.1 +1.5 + .5 - .3 na + ,7 +1.6 +1.4 + .5 - .2 na aCongressional Budget Office, The Decontrol of Domestic Oil Prices: (Washington, DC, May 1979), p. 45. A An Overview ^Congressional Budget Office, Memorandum from Roy Scheppach to Jim Cubie (Wàshington, DC, July 12, 1979). °Hearing before the Subcommittee on Energy of the Joint Economic Committee, Congress of the United States, Impact of Energy Prices and Inflation on American Families, July 8, 1980 (Washington, DC 1981), p. 72. dIbid., p. 65. eKurt Anton Mork and Robert E. Hall, "Macroeconomic Analysis of Energy Price Shocks and Offsetting Policies in Kurt Anton Mork, ed., Energy Prices, Inflation, and Economic Activity (Cambridge, Ballenger, 1981). fOtto Eckstein, "Shock Inflation, Core Inflation and Energy Disturbances in the DRI Model," in Mork, Energy Prices. ^Stephan Thurman and Richard Berner, "Analysis of Oil Prrice Shocks in the MPS Model," in Mork, Energy Prices. 399 This r a n g e of e s t i m a t e s is c o n s i s t e n t w i t h a r u l e of t h u m b t h a t is f r e q u e n t l y u s e d to e s t i m a t e the i m p a c t of 0 r i s i n g e n e r g y p r i c e s on c o n s u m e r p r i c e s . For e v e r y o n e p e r c e n t a g e p o i n t t h a t e n e r g y p r i c e s r a i s e the C P I d i r e c t l y , it is a s s u m e d t h a t i n d i r e c t i m p a c t s w i l l a d d an a d d i t i o n a l ,5 to 1 p e r c e n t a g e poi n t s . In T a b l e 1, it w a s s h o w n t h a t the d i r e c t c o n t r i b u t i o n of e n e r g y p r i c e s to the C P I w a s a b o u t 3 p e r c e n t a g e points. indicated a total The rule of thumb w o u l d have i m p a c t of 5 to 6.6 p e r c e n t a g e p o i n t s , A r e c e n t e s t i m a t e b y t he U.S. D e p a r t m e n t of E n e r g y u s i n g a m o d i f i e d v e r s i o n of two of t h e m o d e l s i n c l u d e d in T a b l e 2 ( W h a r t o n a n d DRI) a n d d a t a w h i c h r e f l e c t s the full g i m p a c t of r i s i n g p r i c e s c o n f i r m s t h e s e e s t i m a t e s . Accor d i n g to DOE, price increases in all e n e r g y s o u r c e s a r e f o u n d to h a v e c o n t r i b u t e d b e t w e e n 4 .1 a n d 5 . 5 p e r c e n t a g e p o i n t s to the G N P d e f l a t o r a n d b e t w e e n 5.7 a n d 7.3 p e r c e n t a g e p o i n t s to the C PI in 1 9 7 9 a n d 1 9 8 0 c o m b i n e d . Thus, it s e e m s s a f e to s a y t h a t o i l p r i c e i n c r e a s e s a c c o u n t e d for b e t w e e n 20 a nd 25 p e r c e n t o f the t o t a l t i o n f e l t in the 1 9 7 9 - 1 9 8 1 p e r i o d . tedly had major infla S u c h an i m p a c t u n d o u b i m p l i c a t i o n s for t he e c o n o m y . It a l s o c e r t a i n l y h a d a n i m p a c t o n the r e s t r i c t i v e m o n e t a r y a n d fiscal pol ic ie s that were p ur sued du ring this period e f f o r t to l o w e r t he r a t e o f i n f l a t i o n . in an 400 2• The Impact on Econom ic A c t i v i t y With price i n c r e a s e s g r e a t e n o u g h to a f f e c t the G N P d e f l a t o r a n d C P I so d r a m a t i c a l l y , o n e m u s t e x p e c t to o b s e r v e r a t h e r l a r g e d e c r e a s e s in e c o n o m i c a c t i v i t y . Estimating th e s e impacts relies a l m o s t e n t i r e l y on e c o n o m e t r i c modeling, As n o t e d a b o v e , h i g h d e g r e e of u n c e r t a i n t y . such m o d e l i n g is s u b j e c t to a The d i f f e r e n c e s that exist between econometric models result from differences w a y t h e y t r y to s i m u l a t e th e e c o n o m y . th e m o d e l i n g s t e m s f r o m d i f f e r e n c e s econometric models in t h e T h e u n c e r t a i n t y of in t he s t r u c t u r e o f t h e ( a s s u mptions and parameters) e n c e s in e s t i m a t e s o f i n p u t v a r i a b l e s and d i f f e r (energy p r i c e s ) . M a j o r d i f f e r e n c e s c e n t e r o n t he a s s u m p t i o n s a b o u t a n d t h e d e t a i l w i t h w h i c h t h e m o d e l s h a n d l e t h e r e s p o n s e to r i s i n g e n e r g y p r i c e s of l a b o r (in its w a g e d e m a n d s ) (in c h a n g i n g t he a m o u n t o f e n e r g y , and indus tr y l a b o r a n d c a p i t a l u s e d in production). In s p i t e of t h e d i f f e r e n c e s b e t w e e n t he m o d e l s , a n u m b e r of t h e m p r o d u c e d f a i r l y c o n s i s t e n t e s t i m a t e s of t h e im p a c t of rising e n e r g y p r ices (see T a b l e 3). i n c l i n e d to s t r e s s t h e i r s i m i l a r i t i e s , differences. We are rather than their A s i d e f rom the C B O an a l y s i s , w h i c h was ba s e d o n v e r y l o w p r i c e e s t i m a t e s b e c a u s e it w a s d o n e v e r y e a r l y , a n d W h a r t o n , w h i c h t o o k o n l y t he l a t e r s t a g e s o f p r i c e i n c r e a s e s int o a c c o u n t , t he o t h e r a n a l y s e s s h o w t h a t t h e l o s s of G N P is in t h e r a n g e o f 2 .5 to 4.3 p e r c e n t a g e p o i n t s in t h e 1 9 7 9 - 1 9 8 1 p e r i o d . T h e i n c r e a s e in u n e m p l o y m e n t f a l l s 401 Taole j CHANGES IN ECONOMIC ACTIVITY AS A RESULT OF RISING OIL PRICES 1979 1980 1981 1982 1983 1984 GNP Changes CBO, May 1979: Decontrol only ■v---.0 to -.1 CBO, June 1979: Decontrol only .0 to -.2 — .fi to ,2 'V''“ .2 to *•,4 V Total Energy Price Shock Wharton na Mork and Hall Employment Changes CBO, May 1979 Eckstein Thurman and Berner Sources: See Table 2. na na + .4 na na na -2.0 + .5 + .6 + .9 - .5 - .9 -1.4 -1.2 -1.0 na / j V 0 V / 0 to + .2 V S + ,1 to + .3 +V .l .14 .36 .76 na na + .4 +1.2 + .9 na na na 0 + .4 +1.3 +1.2 + .7 + ,7 + .1 +1.3 +1.4 + .5 + .1 .1 - Mork and Hall .6 -2.8 CBO, June 1979 Wharton .3 -.1 -2.2 -1.1 Eckstein Thurman and Berner .3 402 in the 1.5 to 2.8 p e r c e n t a g e p o i n t range. Once again, these e s t i m a t e s are based on e n e r g y p r ice p r o j e c t i o n s that w ere a b o u t 30 p e r c e n t too l o w b e c a u s e t h e y w e r e d o n e b e f o r e t he r i s e in e n e r g y p r i c e s h a d run its c o u r s e , Therefore, the n e g a t i v e e c o n o m i c i m p a c t w a s in f a c t g r e a t e r t h a n the m o d e l s predict. Considering actual energy prices, it w o u l d be r e a s o n a b l e to a s s u m e t h a t the l o s s in G N P w a s o n the o r d e r o f 3.5 to 6.1 p e r c e n t a n d t h e i n c r e a s e in u n e m p l o y m e n t w a s b e t w e e n 2.1 a nd 4 p e r c e n t a g e p o i n t s . Again, t he r e c e n t e c o n o m e t r i c a n a l y s e s c o n d u c t e d b y D O E t e n d to c o n f i r m t h e s e r e s u l t s . 1 ** I n c o r p o r a t i n g t h e f ull m a g n i t u d e of p r i c e i n c r e a s e s , D O E e s t i m a t e s t h a t a l o s s in G N P in 1 9 7 8 - 8 0 o f b e t w e e n 5.1 a n d 5 . 9 p e r c e n t a n d an i n c r e a s e in u n e m p l o y m e n t of b e t w e e n 1.4 a n d 3.8 p e r c e n t a g e p o i n t s c a n b e a t t r i b u t e d to r i s i n g e n e r g y p r i c e s . T h e b e h a v i o r o f s p e c i f i c e l e m e n t s of t h e e c o n o m y a l s o c o n f o r m s to the p r e d i c t i o n s o f m a c r o e c o n o m i c t h e o r y described above). In 1 9 7 9 a n d 1980, investment suffered a m a j o r s e t b a c k as a r e s u l t of t h e o i l p r i c e s h o c k — r e d u c t i o n o f as m u c h as 12 p e r c e n t . 11 (as a Productivity was r e d u c e d as w e l l , b y as m u c h as 3 p e r c e n t . 12 Some estimates s h o w t h a t as m u c h as o n e - t h i r d to o n e - h a l f of t h e s l o w - d o w n in p r o d u c t i v i t y g r o w t h m a y h a v e b e e n d u e to e n e r g y p r i c e increases. 13 E xp enditures on cons um er d ur ables were also p a r t i c u l a r l y h a r d h it. 14 I n v e s t m e n t in r e s i d e n t i a l h o u s i n g s t r u c t u r e s m a y h a v e b e e n r e d u c e d b y as m u c h as 1 5 - 2 0 p e r c e n t 403 w h i l e s a l e s of A m e r i c a n a u t o m o b i l i e s m a y h a v e b e e n r e d u c e d b y as m u c h as 40 p e r c e n t . 15 3. A s s e s s i n g the I m p a c t J u d g i n g the a c t u a l s i g n i f i c a n c e of the n e g a t i v e e c o n o m i c i m p a c t s c a n be a m a t t e r of p e r s p e c t i v e . It h a s b e c o m e c o m m o n a m o n g t h o s e i n c l i n e d to d o w n p l a y the i m p o r t a n c e of e n e r g y to f o c u s o n the e n t i r e p e r i o d a f t e r the O P E C oil e m b a r g o (1973) in o r d e r to p l a c e the 1 9 7 9 - 8 0 o i l p r i c e s h o c k in the c o n t e x t of a g e n e r a l l y b a d e c o n o m i c p e r i o d . 16 T a b l e 4 s h o w s t h a t the e c o n o m y t o o k a d e c i d e d t u r n for the w o r s e in 1 9 7 3 - 8 0 , c o m p a r e d to t he p r e v i o u s e i g h t y e a r s . r a t e of g r o w t h of real GNP, real d i s p o s a b l e i n c o m e , T he invest me n t and p r o d u c t i v i t y slowed dra m a t i c a l l y , w h ile inflation and u n e m p l o y m e n t i n c r e a s e d . P a r t of the d o w n t u r n — least o n e - t h i r d and p r o b a b l y o n e - h a l f — at c a n d e f i n i t e l y be a t t r i b u t e d to the e n e r g y p r i c e s h o c k . S o m e a n a l y s t s f o c u s o n t h a t p a r t of t h e d o w n t u r n w h i c h e n e r g y p r i c e s d i d n o t c a u s e a n d l o o k for a b i g g e r " p i c t u r e , " t h e r e b y d o w n p l a y i n g t he i m p o r t a n c e of e n e r g y price increases. C E C A / R F is i n c l i n e d to t a k e t he o p p o s i t e vi ew. W e a r e s t r u c k b y the f a c t t h a t so m u c h o f the d o w n t u r n c a n be a t t r i b u t e d to t h i s o n e f a c t o r . E n e r g y is o b v i o u s l y a v e r y ma j o r influence on econo m i c activity. One w i l l l o o k in v a i n to f i n d a n y o t h e r s i n g l e f a c t o r t h a t is as important. Moreover, t h e r e a r e e v e n w a y s in w h i c h t h e s e Table 4 THE IMPORTANCE OF RISING ENERGY PRICRES IN DETERMINING ECONOMIC PERFORMANCE Actual Hypothetical Assuming no Energy Price Increase (4) Change Attributable to Energy Prices (5=2-4) % of Change Attributable to Energy Prices (6=5/3) 1965-1972 1973-1980 Change (1) (2) (3=1-2) Real Growth of GNP (% per year) 3.5 2.4 -1.1 2.8 .4 36 Real Disposable Imcome (% per year) 4.0 2.4 -1.6 3.3 T- .9 56 Growth of Real Fixed Investment 4.0 .4 -3.6 2.0 - 1.6 44 Rate of Change in CPI (Percentage points) +4.1 +9.2 45 Rate of Growth of Productivity (% change/year of output per person hour) 2.0 .2 Unemployment Rate (Average annual) 4.5 6.6 +5.1a +6.9 +2.3b -1.8 1.6 .4 77 +2.1a 5.4 +1.2 57 a/ Column 2 minus column 1. E/ Column 4 minus column 2. Source: DOE, The Interralationship of Energy and the Economy, 1981, Chapter 2. 405 a n a l y s e s u n d e r e s t i m a t e the i m p a c t t h a t r i s i n g e n e r g y p r i c e s c a n hav e . F i r s t , w h e n the e c o n o m e t r i c a n a l y s e s a r e c o n d u c t e d , o n l y e n e r g y p r i c e s are c h a n g e d would have happened prices. in o r d e r to s i m u l a t e w h a t in t he e c o n o m y w i t h o u t a c h a n g e T h i s o v e r l o o k s the f a c t that, in as e n e r g y p r i c e s rose, m a n y p o l i c y d e c i s i o n s w e r e m a d e in r e s p o n s e to t h o s e rising prices. Is it r e a l l y p o s s i b l e to s e p a r a t e e n e r g y p r i c e i n c r e a s e s f r o m the p o l i c y d e c i s i o n s w h i c h t h e y d i r e c t l y c a u s e d a n d to w h i c h t h e y w e r e i n s e p a r a b l y connected? T h e m o s t i m p o r t a n t p o l i c i e s in t h i s r e g a r d a r e fiscal and m o n e t a r y policies. As rising e n e r g y p r ices i n c r e a s e d the r a t e of i n f l a t i o n , p o l i c y - m a k e r s r e s p o n d e d by t i g h t e n i n g t h e m o n e y s u p p l y a n d r e d u c i n g f i s c a l d e f i c i t s in a n e f f o r t to s l o w i n f l a t i o n d o w n . 17 Of c o u r s e , p o l i c i e s h a v e r e c e s s i o n a r y i m p a c t s o f t h e i r own, these impacts w h i c h r e i n f o r c e t h e i m p a c t of r i s i n g e n e r g y p r i c e s . Most a n a l y s e s sh o w that the r e s t r i c t i v e m o n e t a r y and fiscal r e s p o n s e s to r i s i n g e n e r g y p r i c e s d o u b l e d t he r e c e s s i o n a r y impact. 18 In t h i s s e n s e , energy prices caused about one- t h i r d of t h e e c o n o m i c p r o b l e m d i r e c t l y a n d a n o t h e r o n e - t h i r d o f t h e p r o b l e m i n d i r e c t l y t h r o u g h t h e i m p a c t of e n e r g y p r i c e i n c r eases on m o n e t a r y and fiscal policy. Thus, if o n e a s s u m e s a d i f f e r e n t p a t h of e n e r g y p r i c e s , o n e s h o u l d p r o b a b l y a s s u m e d i f f e r e n t f i s c a l a n d m o n e t a r y p o l i c i e s as w e l l . 19 406 A s e c o n d w a y in w h i c h the e c o n o m e t r i c a n a l y s e s u n d e r e s t i m a t e the i m p a c t o f r i s i n g e n e r g y p r i c e s is n o t easily quantifiable, b u t it is n o n e t h e l e s s real. Rising e n e r g y p r i c e s h a d a m a j o r i m p a c t o n the m o o d o f t h e p u b l i c and on policy-makers. T h e e c o n o m e t r i c a n a l y s e s s h o w t h a t in t h e a b s e n c e of r i s i n g e n e r g y p r i c e s , there would have been a l m o s t no r e c e s s i o n in 1 9 7 4 - 7 5 a n d no r e c e s s i o n in 1980. 20 T h e r e w o u l d h a v e b e e n no " d o u b l e d i g i t i n f l a t i o n " a t a n y t i m e in t h e d e c a d e . 21 In t h i s r e g a r d , e n e r g y p u s h e d t h e economy past several major psychological thresholds i n t o a r e c e s s i o n a n d o v e r the double (i.e., d i g i t m a r k in inflation). In 1 9 8 0 a l o n e , h a d e n e r g y p r i c e s n o t i n c r e a s e d so r a p i d l y # as m a n y as t h r e e m i l l i o n f e w e r p e o p l e w o u l d h a v e been unemployed. 22 As m a n y as two m i l l i o n m o r e A m e r i c a n a u t o m o b i l e s w o u l d h a v e b e e n s o l d a n d an a d d i t i o n a l 2 5 0 , 0 0 0 housing starts would have been undertaken. 23 Here, too, critical psychological thresholds would have been avoided, e s p e c i a l l y r a t e s of u n e m p l o y m e n t t h a t r i v a l e d t h o s e o f t h e g r e a t d e p r e s s i o n in t w o of A m e r i c a ' s l a r g e s t i n d u s t r i e s . In s h o r t , been different. pessimistic, th e e n t i r e e c o n o m i c e n v i r o n m e n t w o u l d h a v e The public mood would have been much less a n d c e r t a i n l y c o u l d h a v e led to d i f f e r e n t consumption and saving patterns. Policy-makers would not h a v e b e e n t h r a s h i n g a b o u t in s e a r c h of e c o n o m i c q u i c k f i x e s . T h e e c o n o m y w o u l d h a v e r e m a i n e d m u c h c l o s e r to its h i s t o r i c al p a t h of r e l a t i v e l y r a p i d a n d r e l a t i v e l y s t a b l e expansion. 407 In t h i s s e n s e , energy may have been more than two- t h i r d s of the p r o b l e m — o n e - t h i r d d u e to the d i r e c t impact of r i s i n g p r i c e s , o n e - t h i r d d u e to the i n d i r e c t i m p a c t through m o n e t a r y and fiscal policy, a n d an a d d i t i o n a l , u n m e a s u r a b l e a m o u n t d u e to t he q u a l i t a t i v e i m p a c t of h a v i n g the e c o n o m y a p p e a r to be in a s t a t e of u t t e r c h a o s and o n t he b r i n k of c o l l a p s e . In the c o n t e x t of e n e r g y - p r i c e - p o l i c y - d e c i s i o n m a k i n g , it is i m p o r t a n t to r e c o g n i z e t h a t in t he 1 9 7 0 s a nd e s p e c i a l l y the 1 9 7 9 - 3 0 p e r i o d , not collapsing — rather, the e c o n o m y w a s to a v e r y c o n s i d e r a b l e d e g r e e , was being crushed by energy prices. it Had this been r e c o g nized, very d if fe re nt economic and energ y poli cy decisions m i g h t h a v e b e e n made. T wo o t h e r g e n e r a l o b s e r v a t i o n s o n t h e s e e c o n o m i c i m p a c t s a r e in o r d e r b e f o r e w e t u r n to the d i s c u s s i o n of natural gas decontrol. First, the general pri n c i p l e that lost purch a s i n g p o w e r r e s u l t i n g f r o m r i s i n g e n e r g y p r i c e s c a n n o t be r e c o u p e d in t he s h o r t or m i d - t e r m s c a n be d e m o n s t r a t e d o n the b a s i s of t h e s e e s t i m a t e s . In an e a r l i e r w o r k , C E C A / R F e s t i m a t e d t h a t d u e to r i s i n g oil p r i c e s a b o u t $ 1 6 0 b i l l i o n in real p u r c h a s i n g p o w e r w a s l o s t in the 1 9 7 9 - 1 9 8 1 p e r i o d dollars). 24 if w e u s e an e s t i m a t e of 5 p e r c e n t of G N P l o s t d u e to t h e o i l p r i c e s h o c k , b i l l i o n w a s l o s t in real G N P o f 1981. (in 1978 t h e n w e c o n c l u d e t h a t a b o u t $13 0 (1978 d o l l a r s ) t h r o u g h t he e nd Thu s , a b o u t 80 p e r c e n t o f t h e l o s s in p u r c h a s i n g p o w e r is t r a n s l a t e d into a l o s s in G N P in the s h o r t run. 408 Second, it is i m p o r t a n t to n o t e t h a t the e c o n o m i c i m p a c t s p e r s i s t o v e r a l o n g term. T h e h e a d l i n e s d e v o t e d to r i s i n g e n e r g y p r i c e s m a y p a s s q u i c k l y o n c e the s h o c k is o v e r , b u t t he n e g a t i v e e c o n o m i c i m p a c t s of t h o s e p r i c e s w i l l k e e p w o r k i n g t h e i r w a y t h r o u g h t he e c o n o m y . models project a cumulating negative 10 y e a r s . M o s t of the i m p a c t t h a t l a s t s 5 to T h e r e t h e n e n s u e s a p e r i o d in w h i c h p a r t of the e c o n o m i c l o s s e s m a y be r e c o v e r e d . In t he l o n g run, t h e r e r e m a i n s an a p p r e c i a b l e l o s s in t o t a l GNP. D* Natural Gas Decontrol 1. Introduction H a v i n g r e v i e w e d the t h e o r e t i c a l e x p l a n a t i o n s o f w h y r i s i n g e n e r g y p r i c e s s h o u l d be e x p e c t e d to h a v e a n e g a t i v e i m p a c t o n the e c o n o m y a n d t he e m p i r i c a l e v i d e n c e w h i c h s h o w s t h a t o i l p r i c e i n c r e a s e s d i d a f f e c t t h e e c o n o m y as p r e d i c ted, w e t u r n to t h e p r o j e c t i o n s o f the i m p a c t o f r i s i n g natural gas prices on the economy. There are a number of r e a s o n s t h a t we s h o u l d e x p e c t r i s i n g n a t u r a l g a s p r i c e s to have significant negative economic 2. impacts. T h e E x p e c t e d I m p a c t of N a t u r a l Gas Decontrol a. Prices In a s e p a r a t e r e p o r t , " P a s t as P r o l o g u e Is The U n d e r e s t i m a t i o n o f P r i c e I n c r e a s e s in t h e D e c o n t r o l D e b a t e , " C E C A / R F h a s a n a l y z e d in d e t a i l t h e q u e s t i o n of the p r i c e i n c r e a s e s l i k e l y to f o l l o w f r o m a c c e l e r a t e d / p h a s e d d e c o n t r o l 409 of n a t u r a l g a s . 25 W e h a v e d e m o n s t r a t e d t h a t the p r i c e i n c r e a s e s t h a t w i l l o c c u r u n d e r a c c e l e r a t e d d e c o n t r o l of n a t u r a l g a s are q u i t e s i m i l a r to the p r i c e p a t h t h a t oil too k d u r i n g the o i l p r i c e s h o c k of 1 9 7 9 - 8 0 . T h i s is o n e r e a s o n we w o u l d e x p e c t the e c o n o m i c i m p a c t f o l l o w i n g n a t u r a l gas decontrol to be s i m i l a r to the e c o n o m i c oil p r i c e shock. i m p a c t o f the B e l o w , w e w i l l s h o w t h a t the r e l a t i o n s h i p b e t w e e n n a t u r a l g a s p r i c e i n c r e a s e s a n d c h a n g e s in t h e G N P deflator is v e r y s i m i l a r to the r e l a t i o n s h i p b e t w e e n oil p r i c e i n c r e a s e s a n d c h a n g e s in the G N P d e f l a t o r . b. Fue l U s e s Second, the g e n e r a l a r g u m e n t s m a d e a b o v e a b o u t the mechan is ms by which e nergy price increases are translated into e c o n o m i c s l o w d o w n s c e r t a i n l y h o l d for n a t u r a l gas. T h a t is, the c o n c e p t u a l r e l a t i o n s h i p b e t w e e n e n e r g y a nd the e c o n o m y h o l d s for gas. In fact, t h e r e a r e r e a s o n s to e x p e c t t h a t the n a t u r a l g a s p r i c e i n c r e a s e s m i g h t h a v e e v e n l a r g e r n egat i v e e ffects than oil price increases. the p r i c e e l a s t i c i t y of e n e r g y — T h e s e r e l a t e to t he k e y l i n k b e t w e e n e n e r g y p r i c e i n c r e a s e s a nd m a c r o e c o n o m i c a c t i v i t y . T h a t is, the a b i l i t y to s u b s t i t u t e f or e n e r g y in the s h o r t a n d lon g t e r m as a r e s p o n s e to p r i c e i n c r e a s e s d i c t a t e s t h e i m p a c t of t h o s e p r i c e i n c r e a s e s on t he e c o n o m y . A l t h o u g h the a g g r e g a t e p r i c e e l a s t i c i t y of n a t u r a l g a s a p p e a r s to be s i m i l a r to t h a t o f c r u d e o i l , e l a s t i c i t y in i n d u s t r i a l u s e s is m u c h l ower. 26 the price Most studies 410 s u g g e s t t h a t t he p r i c e e l a s t i c i t y o f n a t u r a l g a s in i n d u s t r i a l u s e s is o n l y a b o u t o n e - h a l f as l a r g e as the p r i c e e l a s t i c i t y of p e t r o l e u m in i n d u s t r i a l use s . Thus, natural g a s p r i c e i n c r e a s e s p o s e a g r e a t e r p r o b l e m of s t r u c t u r a l adjustment in the e c o n o m y . This is e s p e c i a l l y t r u e of the long e r term p r o d u c t i v i t y and e c o n o m i c impacts discussed above. T h e a n a l o g y b e t w e e n the i m p a c t of o il a n d g a s p r i c e s o n t h e e c o n o m y s h o u l d n o t be t a k e n t oo l i t e r a l l y . o b v i o u s d i f f e r e n c e s b e t w e e n t he two f u e l s . consume much more petroleum. Second, Th e r e are First, we a much larger p e r c e n t a g e of t he p e t r o l e u m w e c o n s u m e is i m p o r t e d f r o m a b r o a d . If o n e w i s h e s to e x t r a p o l a t e f r o m t h e a n a l y s i s of t h e o i l p r i c e s h o c k to t h e i m p a c t of n a t u r a l g a s d e c o n t r o l , great c a r e m u s t be t a k e n . A p p e n d i x B p r e s e n t s a n u m b e r of s t e p s t h a t m u s t be t a k e n in o r d e r to m a k e t h e c o m p a r i s o n . It s h o w s t h a t t h e e c o n o m e t r i c a n a l y s e s of t h e o i l p r i c e s h o c k , w h e n u s e d to p r e d i c t t he i m p a c t o f n a t u r a l g a s d e c o n t r o l , l e a d to r e a s o n a b l e e s t i m a t e s if t h e y a r e t r e a t e d p r o p e r l y . c. Production It s h o u l d be n o t e d , d o m e s t i c s u p p l y of e n e r g y , f r o m t h e p o i n t o f v i e w o f t he that oil and gas are p r o d u c e d in r o u g h l y t h e s a m e g e o g r a p h i c a r e a s w i t h r o u g h l y t he s a m e technology. The lar g e s t d o m e s t i c p r o d u c e r s of oil are also b y far t h e l a r g e s t d o m e s t i c p r o d u c e r s of g as. 27 Clearly, t h e r e is g o o d c a u s e to d r a w p a r a l l e l s b e t w e e n t h e t w o f u e l s . 411 3. C o n s i d e r a t i o n s in D e r i v i n g a B e s t E s t i m a t e o f the I m p a c t of N a t u r a l G a s D e c o n t r o l Having seen that both t h e o r y and recent e n e r g y price history suggest significant economic impacts of n atural gas d e c o n t r o l , we r e v i e w in t h i s s e c t i o n a n u m b e r of e c o n o m e t r i c e s t i m a t e s o f t he i m p a c t of n a t u r a l g a s d e c o n t r o l o n i n f l a tion, o u t p u t a nd u n e m p l o y m e n t . T h e o b j e c t i v e is to a r r i v e at a b e s t o r a m o s t r e a s o n a b l e e s t i m a t e of t h o s e i m p a c t s . In o r d e r to do so, it is n e c e s s a r y to f o l l o w a v e r y c a r e f u l l y c o n c e i v e d a p p r o a c h to t h e a n a l y s i s . The following s t e p s h a v e b e e n t aken. a. The Time Frame B e c a u s e t he v a r i o u s d e c o n t r o l s c e n a r i o s do n o t a g r e e on t he q u a n t i t y a n d p r i c e o f g a s t h a t w i l l b e d e c o n t r o l l e d , or the t i m e p e r i o d o v e r w h i c h d e c o n t r o l w i l l o c c u r , it is o f t e n d i f f i c u l t to c o m p a r e e c o n o m e t r i c r e s u l t s o n a y e a r b y year basis. H o w e v e r , m o s t s c e n a r i o s b e g i n to c o n v e r g e b y th e t h i r d y e a r a f t e r d e c o n t r o l b e g i n s . Moreover, e c o n o m i c i m p a c t s do n o t o c c u r i n s t a n t a n e o u s l y . short term It t a k e s s e v e r a l y e a r s for the i n i t i a l r e c e s s i o n a r y s h o c k o f the p r i c e i n c r e a s e to be f u l l y r e g i s t e r e d . Therefore, the i m p a c t o f d e c o n t r o l w i l l be c a l c u l a t e d in t e r m s o f t h r e e y e a r i n c r e m e n t s a n d we h a v e e s t i m a t e d 3, 6 a n d 9 y e a r impacts. 412 b. S t a n d a r d i z e d I m p a c t s for P r i c e Increases B e c a u s e p r i c e i n c r e a s e s a r e t he k e y to t r i g g e r i n g the eco n o m i c impact and b e c a u s e d e c o n t r o l s c e n a r i o s d i f f e r d r a m a t i c a l l y in th-? m a g n i t u d e of the i n c r e a s e t h a t t h e y p r o j e c t , w e h a v e a l s o c a l c u l a t e d t he i m p a c t s on a s t a n d a r dized basis. W e h a v e c h o s e n to e x a m i n e the impacts a s s o c i a t e d w i t h a s p e c i f i c p e r c e n t i n c r e a s e in p r i c e s . In s t a t i n g t he i m p a c t s in t h e f i r s t t h r e e y e a r p e r i o d , we u s e e s t i m a t e s of the i m p a c t t h a t w o u l d o c c u r f or a 100 p e r c e n t i n c r e a s e in t he f i r s t t h r e e y e a r s . if p r i c e s d o u b l e ( i n c r e a s e b y 100 p e r c e n t ) That is, in the f i r s t t h r e e y e a r s , w h a t w i l l the i m p a c t be o v e r the f i r s t t h r e e years? However, for the s i x y e a r a n d n i n e y e a r i m p a c t s , we e s t i m a t e t he i m p a c t as a f u n c t i o n o f t he f i v e y e a r p r i c e increase. T h a t is, if p r i c e s d o u b l e in t he f i r s t f i v e y e a r s , w h a t w i l l the i m p a c t be o v e r t h e f i r s t s i x y e a r s ? Similarly, if p r i c e s d o u b l e in t h e f i r s t f i v e y e a r s , w h a t w i l l t he i m p a c t be in t h e f i r s t n i n e y e a r s ? The reason the f i v e y e a r p r i c e i n c r e a s e is u s e d to e s t i m a t e t h e i m p a c t s of d e c o n t r o l i n t h e s i x a n d n i n e y e a r p e r i o d s is t h a t a l l analyses exhi b i t only small real pri c e increases after the first five years. T h a t is, t h e y a r e p r e d i c a t e d o n t h e assumption that early price shocks are working their way through the e conomy and no new p r i c e shocks are projected. F o r t he p u r p o s e s of m a k i n g t h e s t a n d a r d i z e d e s t i m a t e of impact (i.e., i m p a c t p e r 100 p e r c e n t p r i c e i n c r e a s e ) , w e 413 h a v e a s s u m e d t h a t the i m p a c t is a l i n e a r f u n c t i o n o f p r i c e increases. For e x a m p l e , i m p a c t s e s t i m a t e d o n the b a s i s of a 68 p e r c e n t p r i c e i n c r e a s e a r e s c a l e d up to a 100 p e r c e n t i n c r e a s e b y d i v i d i n g the i m p a c t by ,68; i m p a c t s e s t i m a t e d on the b a s i s of a 162 p e r c e n t p r i c e i n c r e a s e a r e s c a l e d d o w n to a 100 p e r c e n t p r i c e i n c r e a s e b y d i v i d i n g b y 1.62. This may u n d e r e s t i m a t e the i m p a c t of l a r g e r p r i c e i n c r e a s e s s i n c e t h e o r y g i v e s us s o m e r e a s o n to e x p e c t i n c r e a s i n g n o n - l i n e a r trends (i.e.,, l a r g e r i n c r e a s e s h a v e d i s p r o p o r t i o n a t e l y larger impacts). T h e d a t a do s u g g e s t a s l i g h t l y i n c r e a s i n g n o n - l i n e a r trend. c. F u l l a nd P a r t i a l D e c o n t r o l Th e a n a l y s e s o f f ull d e c o n t r o l a r e t r e a t e d s e p a r a t e ly f r o m the a n a l y s e s of p a r t i a l d e c o n t r o l . Fu ll d e c o n t r o l produces a different price path than partial decontrol, with price increases heavily concentrated One w o u l d e x p e c t a d i f f e r e n t in the e a r l y y e a r s . i m p a c t o n t he e c o n o m y to r e s u l t f r o m t h e s e p r i c e p a t h s , at l e a s t in the s h o r t term. d. Modified Models B e c a u s e e c o n o m e t r i c m o d e l s are not d e s i g n e d s p e c i f i c a l l y to d e a l w i t h e n e r g y p r i c e s h o c k s , they m a y not s i m u l a t e the e c o n o m y ' s r e s p o n s e to t h e s e p r i c e s h o c k s w i t h the s a m e p r e c i s i o n t h a t t h e y s i m u l a t e t h e e c o n o m y ' s " n o r m a l " operation. T h e D e p a r t m e n t of E n e r g y h a s m a d e e f f o r t s to alter the stand a r d m o d e l s 21-496 0 83 27 ( W h a r t o n a n d DRI) to m a k e t h e m 414 m o r e s e n s i t i v e to t he e c o n o m i c r e s p o n s e s t h a t e c o n o m i c t h e o r y p r e d i c t w i l l o c c u r w h e n e n e r g y p r i c e s rise. 28 M a n y of the a d j u s t m e n t s a r e w e l l - f o u n d e d . That is, t he m o d e l s a s s u m e t h a t t he e c o n o m y is m o r e r i g i d t h a n it a c t u a l l y is and, impacts. therefore, the m o d e l s m a y o v e r e s t i m a t e the For p u r p o s e s of c o m p a r i s o n , the r e s u l t s o f the e c o n o m e t r i c m o d e l s in b o t h t h e i r m o d i f i e d a n d u n m o d i f i e d forms have been included where they are available. A t the s a m e time, u t i l i z e d by DOE — it s h o u l d be n o t e d t h a t o n e m o d e l t he H u d s o n / J o r g e n s o n m o d e l — r a d i c a l l y d i f f e r e n t f r o m the o t h e r m o d e l s . 29 is It d o e s n o t i n c l u d e a p r i c e - w a g e - p r i c e s p i r a l , w h i c h is a m a j o r e l e m e n t o f t he o t h e r m o d e l s . T h e e x c l u s i o n of the p r i c e - w a g e - p r i c e spiral d a m p e n s the i n f l a t i o n a r y and o t her impacts c o m p a r e d to the o t h e r m o d e l s a n d m a y l e a d to a n u n d e r e s t i m a t i o n of t he i m p a c t s . T h i s w i l l b e c o m e a p p a r e n t w h e n the r e s u l t s a r e reviewed. T h e a b o v e s t e p s , w h e n a p p l i e d to e a c h of t he a v a i l able analyses, s h o u l d l e a d to e s t i m a t e s o f t h e i m p a c t o f n a t u r a l g a s p r i c e i n c r e a s e s t h a t a r e c o m p a r a b l e to o n e another. e. An Adjusted Base Case One a d d i t i o n a l m e t h o d o l o g i c a l p oint should be made. A ll of t h e e c o n o m e t r i c a n a l y s e s e x a m i n e t h e i m p a c t of a c c e l e r a t i n g or e x p a n d i n g the d e c o n t r o l of n a t u r a l g a s b e y o n d t h e p r i c e inc r e a se s ^ t h a t a r e p r o g r a m m e d into the 415 N a t u r a l G a s P o l i c y Act, Therefore, which accelerated decontrol steeply rising prices the b a s e l i n e a g a i n s t is m e a s u r e d i n c o r p o r a t e s f a i r l y (see F i g u r e 1) R i s i n g p r i c e s s u c h as these would ha v e been negat i v e ec o n o m i c own. impacts of their B y f o c u s i n g e x c l u s i v e l y o n a c c e l e r a t e d a nd e x p a n d e d decontrol, economic it b e c o m e s all too e a s y to o v e r l o o k t he o v e r a l l i m p a c t of r i s i n g n a t u r a l g a s p r i c e s . If one focuses on l y on a c c e l e r a t e d d econtrol, one can q u i c k l y lose s i g h t of the f o r e s t b y l o o k i n g at the tr ee s. For p u r p o s e s of e s t i m a t i n g t he o v e r a l l i m p a c t of r i s i n g n a t u r a l g a s p r i c e s on t he e c o n o m y , w e h a v e m a d e r o u g h e s t i m a t e s of w h a t the m o d e l r e s u l t s w o u l d h a v e b e e n if t h e y h a d b§en run w i t h a b a s e c a s e t h a t a s s u m e d f l a t real p r i c e s . T h i s is n o t to s u g g e s t t h a t f l a t real e n e r g y p r i c e s a r e to be e x p e c t e d . Rather, it is c o n v e n t i o n a l in e s t i m a t i n g the i m p a c t of p r i c e c h a n g e s to m e a s u r e t h e m a g a i n s t a b a s e c a s e w h ich assu m e s flat prices. In the s h o r t t e r m e s t i m a t e as f o l l o w s : (3 y e a r s ) , w e d e r i v e t he a d j u s t e d the i m p a c t of a 100 p e r c e n t p r i c e i n c r e a s e is m u l t i p l i e d b y 1.26, r e f l e c t i n g the f a c t th a t D O E p r o j e c t s a 26 p e r c e n t real p r i c e i n c r e a s e in g a s p r i c e s u n d e r N G P A . 30 T h e a d j u s t m e n t in the s e c o n d t h r e e y e a r p e r i o d a r e b a s e d o n e c o n o m e t r i c a n a l y s i s d o n e b y D O E o n the i m p a c t of N G P A c o m p a r e d to a f l a t p r i c e b a s e c a s e . 31 l o n g e r p e r i o d s no a d j u s t m e n t f a c t o r is a v a i l a b l e . For 416 FIGURE 1 AVERAGE WELLHEAD PRICES UNDER THE NATURAL GAS POLICY ACT 1980 Dollars per MCF Department of Energy Projections 6- 15W "iwanr Source: U.S. Department of Energy, A Study of Alternatives to the Natural Gas Policy Act of 1978 (Office of Policy, Planning and Analysis, Division of Energy Deregulation, November, 19 81) p. 11. 417 4. E s t i m a t e s of t he I m p a c t of Natural Gas Decontrol a• Inflation T a b l e 5 p r e s e n t s e s t i m a t e s of the i m p a c t of d e c o n t r o l o n i n f l a t i o n as m e a s u r e d by c h a n g e s in the G N P deflator i. Short Term T h e e s t i m a t e s for the i m p a c t of n a t u r a l g a s p r i c e i n c r e a s e s o n i n f l a t i o n in the s h o r t run 100 p e r c e n t p r i c e increase) (3 y e a r impact per are q u i t e c o n s i s t e n t , all e s t i m a t e s fal l in a f a i r l y n a r r o w range. T h a t is, F or p a r t i a l d e c o n t r o l the l o w e s t i m a t e is a n i n c r e a s e of 2.1 p e r c e n t a g e p o i n t s a n d the h i g h e s t i m a t e an i n c r e a s e of 3.4 p e r c e n t a g e p o i n t s. The average is 2.7 p e r c e n t a g e p o i n t s , decontrol analyses estimate similar average is s l i g h t l y l o w e r impacts, T h e full a l t h o u g h the (+2.2 p e r c e n t a g e p o i n t s ) This w o u l d be a f u n c t i o n of the f a c t t h a t t h r e e of t he f i v e m o d e l s in the f u l l d e c o n t r o l a n a l y s e s h a v e b e e n " m o d i f i e d " by DOE and w o u l d n e c e s s a r i l y p r e d i c t smaller Thus, impacts, a r a n g e of 2.2 to 2.7 p e r c e n t a g e p o i n t s a d d e d to t he r a t e o f i n f l a t i o n for e v e r y 100 p e r c e n t g a s p r i c e i n c r e a s e o v e r t h r e e y e a r s as a r e s u l t of a c c e l e r a t e d g a s decontrol would seem reasonable. In o t h e r w o r d s , annual .9 p e r c e n t a g e p o i n t s i n c r e a s e of b e t w e e n 7 and an av e r a g e in the G N P d e f l a t o r c a n be e x p e c t e d for a n y d e c o n t r o l s c e n a r i o w h i c h d o u b l e s pric e s over a three year period. of t he r a n g e w o u l d be 2.5 p e r c e n t a g e p o i n t s o v e r .8 p e r c e n t a g e p o i n t s p e r year. The m i d p o i n t 3 y e a r s or 418 ESTIMATION OF THE IMPACT OF NATURAL GAS DECONTROL ON INFLATION (Measured by GNP Deflator) Price Changes (in %) Change in Inflation (Percentage points) 3 yr 5 yr 3 yr 6 yr 228 103 237 160 +7.8 +2.1 +4.8 .1 68 124 133 174 165 112 112 112 112 217 130 130 130 130 122 147 9 yr Change in Inflation, Standardized Basis (per 100% price Increase) 6 yr 9 yr 3 yr ¡NATURAL GAS Partial Decontrol Wharton3 DOE 1/DRI Partial*3 DOE 2/DRI Partial Modified Average Adjusted to Flat Base POE DOE DOE DOE DOE Full Decontrol l/DRIb 2/DRI Modified0 2/DRI Modified0 2/Wharton (modified)0 2/HJ° Average Adjusted to Flat Base +1.8 +3.7 +2.5 +2.5 +3.1 +1.6 + .1 +1.2 +1.9 +1.9 + .3 - .2 + .8 + .1 + .1 +1.5 + .8 + .8 + .1 - .3 +3.4 +2.1 +2.0 - .1 .4 + ,1 +2.6 + .1 + .1 +2.7 +3.3 + .7 +2.5 +4 .2 + .2 +2.2 +2.2 +2.2 +2.8 +1.4 +1.5 +1.5 +1.5 + .2 - .2 + .7 + ..6 + .6 + .1 - .2 +2.2 +2.7 .7 +2.5 + .4 + .4 November, 1981. bU.S. Department of Energy, Reducing U.S. Oil Vulnerability, November 10, 1980, Chapter II. °U.S. Department of Ehergy, Macroeconomic Consequences of Natural Gas Decontrol, November 1981. Attachment 1 describes the Hudson/Jorgenson Dynamic General Equilibrium Model, referred to as DOE/HJ. Attachment 2 describes the DRI Model, referred to as DOE 2/DRI and the modifications to it. Attachment 3 describes the Wharton Model, referred to as DOT 2/Vfoarton, and the modifications to it. 419 ii. Long Term In the l o n g e r term, more varied, For e x a m p l e , the e s t i m a t e s b e c o m e s o m e w h a t the e s t i m a t e s of s i x y e a r impacts of n a t u r a l g a s d e c o n t r o l o n i n f l a t i o n r a n g e f r o m -.1 p e r c e n t a g e p o i n t s to + 2 . 0 p e r c e n t a g e p o i n t s . p e r c e n t a g e points, to t h e m e a n . Thus, T he a v e r a g e is + .7 the r a n g e is m u c h w i d e r c o m p a r e d T h e s a m e is t r u e f or the f u l l d e c o n t r o l a n a l y se s w h i c h h a v e a r a n g e of - . 2 to + 1 . 5 p e r c e n t a g e p o i n t s . Here again, t h e m e a n is .7. T h e s i x y e a r i m p a c t a n a l y s i s s u g g e s t s t h a t the i m p a c t of a c c e l e r a t e d d e c o n t r o l c o n v e r g e s to t h e N G P A b a s e . T h a t is, t h e s p e c i f i c i m p a c t a s s o c i a t e d w i t h a c c e l e r a t i n g decont ro l and extend in g it to o t h e r c a t e g o r i e s o f g a s a p p e a r s to h a v e a l a r g e i m p a c t in t h e e a r l y y e a r s , s m a l l e r i m p a c t in t h e l a t e r y e a r s . but a This occurs because l a r g e p r i c e i n c r e a s e s w o u l d o c c u r in t h i s p e r i o d a n y w a y d ue to t h e d e c o n t r o l of g a s p r i c e s p r o g r a m m e d i n t o N G P A . the first six years, w o u l d be ab o u t Over the i m p a c t s p e c i f i c to c h a n g i n g N G P A .11 p e r c e n t a g e p o i n t s p e r y e a r a d d e d to the rate of inflation. T h i s w o u l d be in a d d i t i o n to t he i m p a c t of N G P A . Thus, it is i m p o r t a n t to k e e p in m i n d t h a t the t o t a l i m p a c t o f r i s i n g n a t u r a l g a s p r i c e s w o u l d be l a r g e r t h a n percentage points. case shows, to a d d a b o u t .11 A s t h e a n a l y s i s a d j u s t e d to a f l a t b a s e the total impact of rising gas pr i c e s wo u l d be .5 p e r c e n t a g e p o i n t s to t h e r a t e of i n f l a t i o n 420 e v e r y y e a r for s i x y e a r s , cumulating to m o r e t h a n 2.5 p e r c e n t a g e points. In the n i n e y e a r p e r i o d , all t h e e c o n o m e t r i c m o d e l s p r e d i c t t h a t the two p r i c e t r a j e c t o r i e s c o n t i n u e to converge, H o w e v e r , a l l b u t o n e of t he m o d e l s p r e d i c t t h a t “h e a c c e l e r a t e d d e c o n t r o l p r i c e p a t h w i l l N G P A p r i c e path. r e m a i n a b o v e the It w o u l d b e c o n s i d e r a b l y a b o v e a f l a t p r i c e p a t h as F i g u r e 1 i n d i c a t e s , a l t h o u g h no e s t i m a t e is available. iii. Modified Models It m i g h t be n o t e d h e r e t h a t t he m o d i f i c a t i o n s to t he D R I m o d e l a p p e a r to h a v e l i t t l e th e i m p a c t o n the e s t i m a t e s o f i n f l a t i o n a r y i m p a c t of r i s i n g n a t u r a l g a s p r i c e s . The W h a r t o n model, which pred ic ts large i n f l a t io na ry impacts, a p p e a r s to be m o r e a f f e c t e d b y the m o d i f i c a t i o n s . other hand, spiral models. O n t he the mo d e l w h i c h e x c l u d e s a p r i c e - w a g e - p r i c e (DOE, H/J) behaves r a t h e r d i f f e r e n t l y t h a n t he o t h e r It p r e d i c t s m u c h s m a l l e r T h i s o u t c o m e is a n o b v i o u s , i n f l a t io na ry impacts. d i r e c t r e s u l t of t h e a s s u m p t i o n of n o p r i c e - w a g e - p r i c e s p i r a l . b. Output T a b l e 6 p r e s e n t s the e c o n o m e t r i c e s t i m a t e s o f the l o s s o f o u t p u t d u e to a c c e l e r a t e d d e c o n t r o l o f n a t u r a l g a s . T h e s e r e s u l t s a r e g e n e r a l l y as c o n s i s t e n t as t he r e s u l t s f or inflation. 421 Table 5 ESTIMATION OF THE IMPACT OF NATURAL GAS DECONTROL ON OUTPUT (Measured as Change in GNP Deflator) Prica Increase Partial Decontrol Wharton DOE 1/DRI DOE 2/DRI DOE 2/HJ Change in GNP Change in GNP Standardized Basis (per 100% price Increase) 3 yr 6 yr 9 yr 3 yr 5 yr 3 yr 6 yr 9 yr 228 103 58 236 160 124 +2.0 -2.5 .8 .8 -1.7 .1 .4 .a -1.6 .1 -2.4 -1.2 .3 -1.1 .1 .2 -1.0 .1 68 124 .6 .1 + .4 .9 .1 + .3 -1.35 -1.67 .4 -3.2 .3 .2 Average Adjusted to Flat Base Full Decontrol DOE 1/DRI 165 217 -4.9 -4.0 -3.4 -3.0 -1.8 -1.6 DOE 2/DRI (unmodified) DOE 2/DRI (modified) 112 112 130 -1.5 -1.4 -1.1 -1.8 -1.3 .9 -1.3 -1.3 .8 ,7 -1.0 DOE 2/Wharton (modified) DOE 2/HJ 112 112 130 130 -1.0 .8 .9 .7 ,3 + .2 .9 .6 .6 ,7 .2 + .2 -1.3 -1.6 - .8 -3.6 - .9 .9 Average Adjusted to Flat Base Source: See Table 5. 130 -1.4 422 i, Short Term On a v e r a g e , G N P is p r e d i c t e d to be 1 . 3 5 p e r c e n t lower dur i n g the first three years of a c c e l e r a t e d dec o n t r o l (about .4 p e r c e n t l o w e r per y e a r ) , if t he p r i c e i n c r e a s e 100 p e r c e n t in t h o s e t h r e e y ears, fairly narrow: is T h e r a n g e of e s t i m a t e s is - .9 to - 2 . 4 7 p e r c e n t for p a r t i a l d e c o n t r o l a n d - .6 to - 3 . 0 p e r c e n t for full d e c o n t r o l , m e n t to a f l a t b a s e c a s e w e r e m a d e , so me wh at larger. If an a d j u s t t he l o s s in G N P w o u l d be The l o s s in G N P a d j u s t e d to a f l a t b a s e w o u l d be b e t w e e n 1.6 and 1,7 p e r c e n t . ii. Long Term T h e m o d e l s p r e d i c t a p a t t e r n of c h a n g e s in o u t p u t in t h e s e c o n d p e r i o d t h a t is s i m i l a r to t h a t w h i c h h e l d for t he b e h a v i o r of the i m p a c t o n i n f l a t i o n . Accelerated decontrol converges toward N GPA because NGPA triggers price increases of its o w n in the s e c o n d t h r e e years. However, the a g g r e g a t e l e v e l of o u t p u t u n d e r a c c e l e r a t e d d e c o n t r o l r e m a i n s b e l o w t h a t of N G P A . M o r e o v e r , w h e n t he l e v e l of o u t p u t c o m p a r e d to a f l a t p r i c e t r a j e c t o r y , r i s i n g g a s p r i c e s is q u i t e l a r g e . in t h e a g g r e g a t e o r a b o u t is t h e l o s s in G N P d u e to It is 3.2 to 3.6 p e r c e n t .6 p e r c e n t p e r year. T h e l o n g e r t e r m b e h a v i o r of o u t p u t is s i m i l a r to that of inflation. T h e d e c o n t r o l a n d N G P A p a t h s c o n t i n u e to c o n v e r g e in the t h i r d t h r e e y e a r p e r i o d . they c o n v e r g e less rapidly. However, note that T h a t is, the n e g a t i v e impact on G N P l i n g e r s l o n g e r a n d is l a r g e r t h a n t h e i n f l a t i o n a r y 423 impact. F or e x a m p l e , by the t h i r d p e r i o d b e t w e e n e i g h t and n i n e t e n t h s of the i n f l a t i o n a r y i m p a c t h a d w o r k e d its w a y o u t of the e c o n o m y . T h a t is, for p a r t i a l d e c o n t r o l , + .3 p e r c e n t a g e p o i n t s r e m a i n in the t h i r d p e r i o d o u t of a + 2.7 p e r c e n t a g e p o i n t i m p a c t in the f i r s t t h r e e y e a r s . decontrol, decontrol. For full + .4 o u t of + 2 . 2 p e r c e n t a g e p o i n t s for full For GNP, l e s s of the i m p a c t h a s b e e n m i t i g a t e d , O n l y b e t w e e n t h r e e - t e n t h s a nd s i x - t e n t h s o f t he i m p a c t h a s worked its w a y o u t of the e c o n o m y b y the t h i r d t h r e e y e a r period (-.3 p e r c e n t r e m a i n s in t he t h i r d p e r i o d o u t of - 1 . 3 5 p e r c e n t in the f i r s t p e r i o d for p a r t i a l d e c o n t r o l a nd - . 9 o u t of - 1 . 3 p e r c e n t for full d e c o n t r o l ) c. Unemployment T a b l e 7 p r e s e n t s the e s t i m a t e s of the i n c r e a s e in u ne mp loyment that will result from a ccelerated decontrol. T h e s e are the m o s t c o n s i s t e n t of the t h r e e i m p a c t s r e v i e w e d he r e . T h e r a n g e of e s t i m a t e s i. is t he n a r r o w e s t b y far. Short Term In the s h o r t t e r m (3 y e ars) accelerated decontrol r e a s u l t i n g in a 100 p e r c e n t p r i c e i n c r e a s e is e s t i m a t e d to i n c r e a s e t he r a t e of u n e m p l o y m e n t b y .5 p e r c e n t a g e p o i n t s — or .17 p e r c e n t p e r year. centage points T he r a n g e is f r o m .3 to .7 p e r in the p a r t i a l d e c o n t r o l a n a l y s e s and .9 p e r c e n t a g e p o i n t s for t he f ull d e c o n t r o l a n a l y s e s . the e s t i m a t e is a d j u s t e d to a f l a t b a s e , the o v e r a l l .3 to If 424 ESTIMATION OF THE IMPACT OF NATURAL GAS DECONTROL ON UNEMPLOYMENT (Measured by Changes in the Unemployment Rate) Price Changes (in %) Partial Decontrol Wharton DOE 1/DRI Partial DOE 2/DRI Change in Unemployment (Percentage points) 3 yr 5 yr 3 yr 6 yr 9 yr 228 103 68 236 160 124 +1.1 + .7 + .3 + .6 + .2 + .4 + .4 + .2 + .3 Average Adjusted to Flat Base DOE DOE DOE DOE Full Decontrol 1/DRI 2/DRI (unmodified) 2/DRI (modified) 2/Wharton (modified) Average Adjusted to Flat Base Source: See Table 5. 165 112 112 112 217 130 130 130 +1.5 + .5 + .5 + .3 + + + - .8 .3 .3 .1 + .7 + .3 + .3 0 Change in Unemployment Standardized Basis (per 100% price Increase) 3 yr 6 yr 9 yr + .5 + .7 + .4 + .3 + .1 + .3 + .2 + .1 + .2 + .5 + .S + .2 +1.1 + .2 + .2 + + + + .9 .4 .4 .3 + .4 + .2 + .2 .1 + .3 + .2 + .2 0 + .5 + .6 + .2 +1.1 + .2 + .2 425 increase points, in u n e m p l o y m e n t w o u l d be a b o u t ,6 p e r c e n t a g e o r a b o u t + .2 p e r c e n t a g e p o i n t s p e r year. i i. In t he l o n g e r run, Longer Term the p a t t e r n of c o n v e r g e n c e b e t w e e n N G P A and d e c o n t r o l is o b s e r v e d again, ployment associated with accelerated decontrol The unem is + . 2 percentage points in t he s e c o n d t h r e e y e a r p e r i o d a n d + . 2 percentage points in t h e t h i r d t h r e e y e a r p e r i o d . the c a s e for the l o s s of o u t p u t , (four-tenths) As w a s a l a r g e p a r t o f the i n i t i a l negative impact remains through the third period. A d j u s t e d to a f l a t b a s e , the i m p a c t is a s u s t a i n e d + . 2 p e r c e n t p er y e a r for the f i r s t s ix y e a r s . d. Conclusion i, Long Term A n y c o n c l u s i o n a b o u t the m a c r o e c o n o m i c e f f e c t s of nat u r a l gas d e c o n t r o l shou l d b e g i n wi t h an o b s e r v a t i o n about t he l o n g e r t e r m impa c t s . We have i m p a c t of a c c e l e r a t e d d e c o n t r o l r e m a r k e d t h a t the s p e c i f i c "declines" r e l a t i v e to the N G P A b a s e in t h e l o n g e r t e r m b e c a u s e N G P A e m b o d i e s l a r g e r p r i c e i n c r e a s e s of its o wn. ously misleading all, T h i s o b s e r v a t i o n m a y be s e r i if n o t k e p t in p r o p e r p e r s p e c t i v e . the l a r g e a n d s i g n i f i c a n t stemming Above impact of rising gas prices f r o m N G P A i t s e l f m u s t n o t be o v e r l o o k e d . 426 C o m p a r e d to a b a s e c a s e of c o n s t a n t real g a s p r i c e s , a c c e l e r a t e d d e c o n t r o l p r o d u c e s a c o n s t a n t p a t t e r n of negative economic i m p a c t s o v e r all of the s ix y e a r s for w h i c h a n a l y s i s is a v a i l a b l e . It w o u l d c e r t a i n l y p r o d u c e t h i s p a t t e r n for m o r e t h a n a deca d e . As T a b l e 8 s h o w s , the i n f l a t i o n a r y i m p a c t s a r e v e r y s h a r p in the f i r s t t h r e e y e a r s a n d t h e n d e c l i n e in the s e c o n d t h r e e years. per year, F r o m a l e v e l of 1.1 p e r c e n t a g e p o i n t s i n f l a t i o n a r y i m p a c t s w o u l d d r o p to p o i n t s sp r e a d over six years. p l o y m e n t i m p a c t s do n o t d e c l i n e However, .4 p e r c e n t a g e t he G N P a n d u n e m in the s e c o n d t h r e e y e a r s . O n e c a n e x p e c t G N P to be r e d u c e d b y a b o u t .6 p e r c e n t e a c h y e a r for t h e f i r s t six y e a r s , w h i l e u n e m p l o y m e n t w i l l be i n c r e a s e d b y .2 p e r c e n t a g e p o i n t s p e r y e a r . i m p a c t s p e r 1 00 p e r c e n t p r i c e i n c r e a s e . i n c r e a s e s a r e l i k e l y to be l a r g e r . These are The actual price T h e a v e r a g e three year i n c r e a s e p r o j e c t e d b y t he s t u d i e s r e v i e w e d a b o v e w o u l d be c l o s e to 130 p e r c e n t a nd t h e f i v e y e a r i n c r e a s e w o u l d be c l o s e to 1 7 5 p e r c e n t . T h u s , an e x c e s s i v e c o n c e r n w i t h the i s o l a t i o n of the specific i m p a c t of a c c e l e r a t e d d e c o n t r o l m a y l e a d to a m i s u n d e r s t a n d i n g of the u n d e r l y i n g i s s u e of the o v e r a l l impact of rising e n e r g y prices on the economy. Rising n a t u r a l g a s p r i c e s o n an a c c e l e r a t e d p a t h w i l l l e a d to sustained negative i m p a c t s t h a t w i l l a f f e c t t h e e c o n o m y for t h e n e x t d e c a d e i n . m u c h the s a m e f a s h i o n as t h e o i l p r i c e s h o c k o f t he p a s t d e c a d e . For t he f i r s t six y e a r s , t he r a t e 427 Table 8 T H E A V E R A G E A N N U A L I M P A C T OF RI SING N A T U R A L GAS PRICES C ALC UL AT ED A G AI NS T A FLAT BASE First 3 Years First 6 Years Inflation Partial +1. 1 + .4 Fu l l + .9 + .4 Partial - .6 - .5 Fu l l - .5 - .6 + .2 + .2 + .2 + .2 GNP Unemployment Partial Full Source: C a l c u l a t e d f r o m T a b l e s 5-7. 428 of i n f l a t i o n w o u l d be r a i s e d b y + .7 p e r c e n t a g e p o i n t s p e r y e a r , G N P w o u l d be d e c r e a s e d b y m o r e t h a n 1 p e r c e n t p e r y e a r a n d u n e m p l o y m e n t w o u l d be I n c r e a s e d b y .35 p e r c e n t a g e p o i n t s p e r y e ar. T h i s o b s e r v a t i o n s u g g e s t s t h a t the real f o c u s of the a n a l y s i s of a c c e l e r a t e d d e c o n t r o l s h o u l d be o n the s h o r t term. T h a t is, D O E h a s r e c e n t l y c o n c l u d e d t h a t the s h o r t t e r m i m p a c t s of a c c e l e r a t e d d e c o n t r o l a r e b a d b u t t h a t the long term impacts are o n l y s l i g h t l y w o rse than NGPA. t h i s is r e a l l y s a y i n g What is t h a t t h e l o n g t e r m e c o n o m i c f u t u r e w i l l be d i m m e d b y r i s i n g g-as p r i c e s d u e to N G P A and t h a t accelerated decontrol, if it is p u s h e d t h r o u g h , w i l l d i m t he n e a r t e r m e c o n o m i c f u t u r e as w e l l . In o t h e r w o r d s , 1985, N G P A w i l l d e p r e s s t he e c o n o m y . T h e rea l after i s s u e is w h e t h e r the i m p a c t w i l l be s t a r t e d e a r l i e r b y a c c e l e r a t i n g d e c o n t r o l a n d i n c r e a s e d b y e x t e n d i n g d e c o n t r o l to m o r e c a t e g o r i e s of n a t u r a l gas. i i . Short Term T u r n i n g to t he s h o r t run, T a b l e 9 p r e s e n t s a n u m b e r o f p e r s p e c t i v e s o n the e s t i m a t e s o f t he i m p a c t o f d e c o n t r o l of gas prices. The a n a l y s i s focuses on a c c e l e r a t e d d e c o n trol, as o p p o s e d to i m m e d i a t e , f ull d e c o n t r o l . The mean e s t i m a t e a n d the r a n g e of e s t i m a t e s for t h e a c c e l e r a t e d de c o n t r o l analy s e s are shown. In a d d i t i o n , f u l l d e c o n t r o l a n a l y s e s is s h o w n . t h e m e a n for F i n a l l y , an e s t i m a t e 429 Table 9 ESTIMATES OF THE SHORT RUN IMPACT OF ACCELERATED DECONTROL Phased Decontrol Analysis Mean of Full Decontrol Analysis Adjusted Mean of Oil Analysis Mean Low High Inflation (percentage points) +2.7 +2.1 +3.4 +2 .2 +2 Output (percent) -1.35 - .9 -2.4 -1.3 -1.27 Unemployment (percentage pts) + .5 + .3 + .9 + .5 Source: Calculated from Tables 5-7 and Appendix B. 21-496 0 - 8 3 - 2 8 .6 430 b a s e d o n the e a r l i e r oil a n a l y s i s is p r e s e n t e d , The c a l c u l a t i o n o f t h e e s t i m a t e d e r i v e d f r o m t he o i l a n a l y s i s is described in A p p e n d i x B, In the s h o r t term, the m e a n of the p a r t i a l d e c o n t r o l e s t i m a t e s is w e l l w i t h i n the l i m i t s o f all the o t h e r e s t i mates. Further, c h o o s e s the m e a n , the r a n g e is q u i t e n a r r o w . Thus, if o n e t h e s e r i e s of a n a l y s e s l e a d to e s t i m a t e s in w h i c h o n e c a n h a v e c o n s i d e r a b l e c o n f i d e n c e . Having s ettled on a basic impact e s t i m a t e — i m p a c t p e r 100 p e r c e n t p r i c e i n c r e a s e — i.e., we must next settle o n t h e s i z e of t h e e x p e c t e d p r i c e i n c r e a s e . T h a t is, a ll o f t h e a n a l y s i s in t h i s s e c t i o n is b a s e d o n a 100 p e r c e n t p r i c e incre a s e over the first three years. In an e a r l i e r r e p o r t , C E C A / R F has estimated that a three year phased decontrol w o u l d l e a d to a 1 3 3 p e r c e n t p r i c e i n c r e a s e . 32 In a d d i t i o n , it t u r n s o u t t h a t t h i s is the m e a n of the e s t i m a t e s c o n t a i n e d in the a n a l y s e s r e v i e w e d a b o v e . Thus, the stand a r d i m p a c t s e s t i m a t e d a b o v e s h o u l d be s c a l e d u p b y a f a c t o r of 1.33. T h e r e s u l t i n g e s t i m a t e f o r the s h o r t t e r m w o u l d be a n i n c r e a s e of 3.6 p e r c e n t a g e p o i n t s in t h e G N P d e f l a t o r , d e c r e a s e of 1.9 p e r c e n t in G N P a n d an i n c r e a s e of p e r c e n t a g e p o i n t s in u n e m p l o y m e n t . Furthermore, a .7 based on t h e e a r l i e r e s t i m a t e s w e c a n p r o j e c t t h a t t he i m p a c t o n the C P I w i l l be 1.5 t i m e s as g r e a t as t h e i m p a c t o n t h e G N P deflator. Therefore, t h e CPI w o u l d i n c r e a s e b y a b o u t 5.4 431 p e r c e n t a g e points. the a v e r a g e a n n u a l These are three year impacts, so t h a t i m p a c t w o u l d be as f o l l o w s : GNP Deflator C PI Unemployment GNP +1.2 +1.8 + ,2 - .6 percentage points percentage points percentage points percent G i v e n w h a t we h a v e n o t e d a b o v e w i t h r e s p e c t to the o v e r a l l i m p a c t of g a s p r i c e s , w e w o u l d e x p e c t the u n e m p l o y m e n t and G N P i m p a c t s to c o n t i n u e at a b o u t the s a m e l e v e l for the m i d - t e r m at l e a s t . T he i n f l a t i o n a r y i m p a c t w o u l d r e c e d e in the s e c o n d t h r e e y e a r p e r i o d . 432 FOOTNOTES B a s i c , t e c h n i c a l d i s c u s s i o n s of the i m p a c t of e n e r g y p r i c e s c a n be f o u n d in the f o l l o w i n g a r t i c l e s : R.J. G o r d o n , " A l t e r n a t i v e R e s p o n s e s of P o l i c y to E x t e r n a l S u p p l y S h o c k s , " B r o o k i n g s P a p e r s o n E c o n o m i c A c t i v i t y 1 ( W a s h i n g t o n , DC: T he B r o o k i n g s I n s t i t u t e , 1 975)? E. P h e l p s , " C o m m o d i t y S u p p l y S h o c k s and F u l l E m p l o y m e n t M o n e t a r y P o l i c y , " J o u r n a l of M o n e y C r e d i t a nd B a n k i n g 10, Not 2 (1978); W i l l i a m N o r d h a u s , "Oil a n d E c o n o m i c P e r f o r m a n c e in I n d u s t r i a l C o u n t r i e s , " B r o o k i n g s P a p e r s o n E c o n o m i c A c t i v i t y 2 (1980) . S o m e w h a t m o r e a c c e s s i b l e d i s c u s s i o n s c a n be f o u n d in R o b e r t S. D o h n e r , " E n e r g y P r i c e s , E c o n o m i c A c t i v i t y a n d I n f l a t i o n ; a S u m m a r y of I s s u e s and R e s u l t s , " in E n e r g y P r i c e s , I n f l a t i o n and E c o n o m i c A c t i v i t y , K. M o r k , ed. ( C a m b r i d g e : M I T Pre s s , 1 981); R o b e r t S. G o r d o n , " P o s t w a r M a c r o e c o n o m i c s : T h e E v o l u t i o n of E v e n t s a n d I d e a s , " in T h e A m e r i c a n E c o n o m y in T r a n s i t i o n , ed, M a r t i n F e l d s t e i n ( C hicago: C h i c a g o U n i v e r s i t y P r e s s , 1981). 2 T he b e n e f i t s of a c c o m m o d a t i v e r e s p o n s e s h a v e b e e n n o t e d b y Gordon, P h e l p s , op. c i t . , as w e l l as E, G r a m l i c h , " M a c r o P o l i c y R e s p o n s e s to P r i c e S h o c k s , " B r o o k i n g s P a p e r s on E c o n o m i c A c t i v i t y 1 ( W a s h i n g t o n , DC: T h e B r o o k i n g s I n s t i t u t e , 1 9 7 9 ) ; K, M o r k a n d R. Hal l , " M a c r o e c o n o m i c A n a l y s i s of E n e r g y P r i c e S h o c k s a nd O f f s e t t i n g P o l i c i e s ; a n I n t e g r a t e d A p p r o a c h , " in K. M o r k , E n e r g y P r i c e s . ^U.S. D e p a r t m e n t of E n e r g y (M a c r o e c o n o m i c C o n s e q u e n c e s of N a t u r a l G a s D e c o n t r o l [ W a s h i n g t o n , DC: G o v e r n m e n t P r i n t i n g O f f i c e , 198 1 ] , p. 23) n o t e s i n t e r e s t r a t e s e x p l i c i t y as do T h u r m a n a n d B e r n e r , " A n a l y s i s o f O i l P r i c e S h o c k s i n t h e M P S M o d e l , " in K. M o r k , E n e r g y P r i c e s . 4 E m p i r i c a l l y , e s t i m a t e s t y p i c a l l y v a r y b y a f a c t o r of t wo in t he m a g n i t u d e of p r o j e c t e d i m p a c t s . N o r d h a u s , ("Oil a n d E c o n o m i c P e r f o r m a n c e , " p. 346) s t a t e s t h a t th e i m p a c t m a y l a s t f r o m o n e to fou r d e c a d e s for t he lon g run. 5 T h e i m p a c t of r i s i n g e n e r g y p r i c e s o n p r o d u c t i v i t y has received considerable attention. D i s c u s s i o n of s p e c i f i c a s p e c t s of this impact by those who est i m a t e small impacts c a n be f o u n d in G e o r g e L. P e r r y , " P o t e n t i a l O u t p u t : Recent I s s u e s a n d P r e s e n t T r e n d s , " B r o o k i n g s R e p r i n t 336 ( W a s h i n g t on, DC: The B r o o k i n g s I n s t i t u t e , 1978); E. D e n i s o n , " E x p l a n a t i o n s o f D e c l i n i n g P r o d u c t i v i t y G r o w t h , " S u r v e y of C u r r e n t B u s i n e s s 59 (1979); W i l l i a m F e l l n e r , " T h e D e c l i n i n g G r o w t h of A m e r i c a n P r o d u c t i v i t y : A n I n t r o d u c t o r y N o t e , " in N o r d h a u s , ed. C o n t e m p o r a r y E c o n o m i c P r o b l e m s (1979). T h o s e w h o e s t i m a t e the i m p a c t of r i s i n g e n e r g y p r i c e s to be l a r g e i n c l u d e R. R a s c h e and J. T a t o m , " E n e r g y P r i c e s a n d P o t e n t i a l G N P " a n d "The E f f e c t s o f the N e w E n e r g y R e g i m e 433 and E c o n o m i c C a p a c i t y , P r o d u c t i o n and P r i c e s , " F e d e r a l R e s e r v e B a n k of St. L o u i s R e v i e w (1977); D a l e W. J o r g e n s o n , " E n e r g y P r i c e s a nd P r o d u c t i v i t y G r o w t h , " D a t a R e s o u r c e s Inc. (1979); E.A. H u d s o n a n d D.W. J o r g e n s o n , " E n e r g y P r i c e s a n d thé U.S. E c o n o m y 1 9 7 2 - 1 9 7 6 , " N a t u r a l R e s o u r c e s J o u r n a l 18 (1978); J. T a t o m , " E n e r g y P r i c e s a n d C a p i t a l F o r m a t i o n " and " The P r o d u c t i v i t y P r o b l e m , ” F e d e r a l R e s e r v e B a n k of St. L o u i s R e v i e w (1979); M a r t i n N e i l B a i l y , " P r o d u c t i v i t y a n d the S e r v i c e s of C a p i t a l a n d L a b o r , " B r o o k i n g s P a p e r o n E c o n o m i c A c t i v i t y 1 (1981). 6 T h e r e is l i t t l e d i s a g r e e m e n t o n the c o n c e p t u a l c a u s e s of d e c l i n i n g p r o d u c t i v i t y . R a t h e r , the d i s a g r e e m e n t c e n t e r s o n the e l a s t i c i t y of s u b s t i t u t i o n b e t w e e n e n e r g y and o t h e r f a c t o r s of p r o d u c t i o n w h i c h l e a d s to d i s a g r e e m e n t a b o u t h o w big the i m p a c t is and h o w l ong it lasts. An i n t e r e s t i n g e x e r c i s e to d e m o n s t a t e t he s t r i k i n g d i f f e r e n c e in the i m p a c t on G N P d e p e n d i n g on the a s s u m p t i o n s m a d e a b o u t t he e l a s t i c i t y of s u b s t i t u t i o n h a s b e e n c o n d u c t e d b y W. H o g a n a n d A l a n Manne, " E n e r g y - E c o n o m i c I n t e r a c t i o n s : T h e F a b l e of 'The E l e p h a n t a n d the R a b b i t ' , " in A d v a n c e s in the E c o n o m i c s of Energy and Resources: T h e S t r u c t u r e of É n e r g y M a r k e t s , V o l u m e I, ed. R o b e r t S. P i n l y c k ( C o n n e c t i c u t : u ÀÏ, 1979) ^ K e n n e t h A r r o w a n d J o s e p h K a l t (P e t r o l e u m P r i c e R e g u l a t i o n : S h o u l d W e D e c o n t r o l ? [ W a s h i n g t o n , DC: American E n t e r p r i s e I n s t i t u t e , 1979]) e s t a b l i s h an a n a l y t i c f r a m e w o r k for s t u d y i n g e f f i c i e n c y g a i n s . G l e n n C. L o u r y (A n A n a l y s i s of the E f f i c i e n c y a n d I n f l a t i o n a r y I m p a c t o f t h e ~ D e c o n t r o l of N a t u r a l G a s P r i c e s [ W a s h i n g t o n , DC: N a t u r a l G a s S u p p l y A s s o c i a t i o n , A p r i l 1981]) a p p l i e s the a r g u m e n t to n a t u r a l gas, as d o e s DOE, T w o - M a r k e t A n a l y s i s o f N a t u r a l G a s D e c o n t r o l ( W a s h i n g t o n , DC: G o v e r n m e n t P r i n t i n g O f f i c e , N o v e m b e r 1981 ) . R o d n e y T. S m i t h ("In S e a r c h o f 'Just' U.S. Oil P o l i c y : A R e v i e w o f A r r o w , K a l t a nd M o r e , " J o u r n a l of B u s i n e s s 54 [1981]: 11) t a k e s t h e A r r o w / K a l t a p p r o a c h b u t r e a c h e s r a t h e r d i f f e r e n t c o n c l u s i o n s t h a n t h e y d i d a b o u t the most equitable policy. p S u b c o m m i t t e e o n O v e r s i g h t and I n v e s t i g a t i o n s of the Committee on Interstate and Foreign Commerce, United States H o u s e of R e p r e s e n t a t i v e s , T h e E n e r g y I n f l a t i o n C r i s i s : S o u r c e s , C o n s e q u e n c e s a n d P o l i c y O p t i o n s ( W a s h i n g t o n , DC : G o v e r m e n t P r i n t i n g O f f i c e , D e c e m b e r 1980), p. 13. g D OE , T h e I n t e r r e l a t i o n s h i p o f E n e r g y a n d the E c o n o m y : A S u p p l e m e n t to the N a t i o n a l E n e r g y P o l i c y P l a n ( W a s h i n g t o n , DC: G o v e r n m e n t P r i n t i n g O f f i c e , J u l y 198 1 ) . I d i d . , p. 23. S e e also, O t t o E c k s t e i n , " S h o c k I n f l a t i o n , C o r e I n f l a t i o n a n d E n e r g y D i s t u r b a n c e s " in E. M o r k , ed., E n e r g y P r i c e s , pp. 78- 7 9 . 434 1 2 DO E , T he I n t e r r e l a t i o n s h i p , p. 24; E c k s t e i n , I n f l a t i o n , " pp. 76-79. ^ S e e Denison, " Exp la nations;" Tatom, and Baily, "Productivity." 14 Eckstein, S e e DOE, T h e I n t e r r e l a t i o n s h i p , pp. " S h o c k I n f l a t i o n , " pp. 78-79. 1 5 DOE, T h e I n t e r r e l a t i o n s h i p , " S h o c k Inflation,*' pp. 78-79. "Shock Energy Prices 2 1 - 2 3 and p. 19 a n d E c k s t e i n , ^ D O E , T h e I n t e r r e l a t i o n s h i p , p. 6 a n d N o r d h a u s , a n d E c o n o m i c P e r f o r m a n c e , " p. 370. "Oil 1 7 U.S. E x e c u t i v e O f f i c e , E c o n o m i c R e p o r t o f the P r e s i d e n t , 1 981 ( W a s h i n g t o n , DC: G o v e r n m e n t P r i n t i n g O f f i c e , J a n u a r y 1 ^ 8 1 ) , p. 51. 1 8 Ibid . , p. 190. S i m i l a r l y , M o r k a nd H a l l , M a c r o economic A n a l y s i s , show that accommodative policies can e a s i l y a b s o r b h a l f o f t he m a c r o e c o n o m i c i m p a c t of the p r i c e shock• 19 O t t o E c k s t e i n (T h e G r e a t R e c e s s i o n : With a P o s t s c r i p t o n S t a g f l a t i o n [New Y o r k : N o r t h H o l l a n d , 1 9 7 8 ] , p. 5) h a s c a l l e d e c o n o m e t r i c m o d e l i n g " an e x e r c i s e in contemporary cliometrics." C l i o m e t r i c s c a n be d e f i n e d as the s t u d y of e c o n o m i c h i s t o r y t h r o u g h the c o n s t r u c t i o n of q u a n t i t a t i v e , c o n t r a f a c t u a l s c e n a r i o s wh i c h test the ca u s a l i m p o r t a n c e of s p e c i f i c h i s t o r i c a l f a c t s . F o r e x a m p l e , if_ t h e r e h a d b e e n no e n e r g y p r i c e i n c r e a s e in 1 9 7 9 - 8 0 , w h a t w o u l d t he c o u r s e o f e c o n o m i c a c t i v i t y h a v e b e e n . Clio m e t r i c s , as an a p p r o a c h to e c o n o m i c h i s t o r y , h a s b e e n t h e s u b j e c t of c o n s i d e r a b l e c o n t r o v e r s y . O n e of the m o s t i m p o r t a n t c o n t r o v e r s i e s c e n t e r s on the s p e c i f i c a t i o n of the c o u n t e r f a c t to be t e s t e d . If o n e s p e c i f i e s t h e i n c o r r e c t c o u n t e r f a c t , t he a n a l y s i s l o s e s its l o g i c a l b a s i s (see, f or example, S tefano Fenoalta, "The D i s c i p l i n e and Theory: N otes on C o n t r a f a c t u a l M e t h o d o l o g y and the N e w Ec o n o m i c History," J o u r n a l o f E u r o p e a n E c o n o m i c H i s t o r y , 2:3. In t h i s c a s e , t he f a i l u r e to t a k e a c c o u n t of m o n e t a r y p o l i c y m a y b e a m i s s p e c i f i c a t i o n of the c o u n t e r f a c t if e n e r g y p r i c e s a nd r e s t r i c t i v e m o n e t a r y p o l i c y are inseparable. 20 E c k s t e i n , T h e G r e a t R e c e s s i o n , C h a p t e r 9 a n d DOE, T h e I n t e r r e l a t i o n s h i p , T a b l e s 2 a n d 3. 21 DOE, T h e I n t e r r e l a t i o n s h i p , T a b l e s 2 a n d 3. 2 3 I b i d . , pp. 19-22. 435 L 24 T h e C o n s u m e r E n e r g y C o u n c i l of A m e r i c a R e s e a r c h F o u n d a t i o n , C r u d e Oil P r i c e D e c o n t r o l a n d the Poor; A Social P o l i c y F a i l u r e y p r e p a r e d for the S u b c o m m i t t e e o n I n v e s t m e n t / J o b s a n d P r i c e s of the J o i n t E c o n o m i c C o m m i t t e e , F e b r u a r y 1982/ T a b l e II-4. 25 C o n s u m e r E n e r g y C o u n c i l of A m e r i c a R e s e a r c h F o u n d a t i o n , P a s t as P r o l o g u e I: T h e U n d e r e s t i m a t i o n of P r i c e I n c r e a s e s in t h e D e c o n t r o l D e b a t e : A C o m p a r i s o n of Oil a n d N a t u r a l G a s ( W a s h i n g t o n , DC, F e b r u a r y 1982). 26 T h i s a s s e r t i o n is d e r i v e d b y t a k i n g a w e i g h t e d a v e r a g e of t he e l a s t i c i t i e s of n a t u r a l g a s in its t w o p r i m a r y end^juse— c a t e g o r i e s — r e s i d e n t i a l a n d i n d u s t r i a l — a nd ^ c o m p a r i n g it to the w e i g h t e d a v e r a g e of the e l a s t i c i t i e s of oil in its t h r e e p r i m a r y end u s e c a t e g o r i e s — r e s i d e n t i a l , industrial and transportation. The data are taken from L e s t e r D. T a y l o r , " T h e D e m a n d for E n e r g y : A S u r v e y of P r i c e a n d I n c o m e E l a s t i c i t i e s , " in W i l l i a m D. N o r d h a u s , ed., I n t e r n a t i o n a l S t u d i e s of t he D e m a n d for E n e r g y (New York: N o r t h H o l l a n d , 1977) a n d R o b e r t S. P i n d y c k , T h e S t r u c t u r e of W o r l d E n e r g y D e m a n d ( C a m b r i d g e : M I T Pres s , 1979) . f h e o n l y two s o u r c e s t h a t e s t i m a t e d the e l a s l t i c i t i e s f or t he full r a n g e of u s e s of e a c h fuel y i e l d the r e s u l t s c o n t a i n e d in the f o l l o w i n g t a b l e , w h i c h l e a d s to the c o n c l u s i o n t h a t the a g g r e g a t e e l a s t i c i t i e s of o il a n d n a t u r a l g a s a r e r o u g h l y eq u a l . O t h e r s t u d i e s s h o w e s s e n t i a l l y the s a m e r e l a t i o n s h i p b e t w e e n the two f u e l s , b u t t h e y do n o t c o v e r the full r a n g e of e n d - u s e s of e a c h o f the f uels. Federal Energy Administration OIL Residential Industrial Private Gasoline - .07 Pyndick - .49 - 1 . 1 0 to 1.38 - 1 . 0 3 to - 1 . 1 1 7 -1.03 GAS Residential Industrial -1.26 - .58 - 1 . 2 8 to - 2 . 0 9 - .41 to - .67 Average Oil Gas - .70 - .85 -1.06 - 1 .09 - 1.01 F e d e r a l E n e r g y A d m i n i s t r a t i o n , N a t i o n a l E n e r g y O u t l o o k : 1976 ( F e b r u a r y 197 6 ) , as d e s c r i b e d in T a y l o r , pp. 21, 24, $2. Pyndick, pp. 16, 222, 241. 436 27 D a t a f r o m t he A m e r i c a n P e t r o l e u m I n s t i t u t e (M a r k e t S h a r e s a n d I n d i v i d u a l C o m p a n y D a t a , 1 9 5 0 - 1 9 7 9 , O c t o b e r 30, 1980) s h o w s t h a t t he 16 l a r g e s t o w n e r s o f c r u d e o i l r e s e r v e s p o s s e s s 67 p e r c e n t o f a ll d o m e s t i c r e s e r v e s . T h e s a m e 16 c o m p a n i e s o w n 50 p e r c e n t of all d o m e s t i c g a s r e s e r v e s . As f or the c l o s e n e s s of t e c h n o l o g y , w e n e e d o n l y n o t e t h a t i n d u s t r y s o u r c e s t r e a t o il a n d g a s d r i l l i n g as v i r t u a l l y i d e n t i c a l w h e n t h e y d i s c u s s the a l l o c a t i o n of r i g s b e t w e e n the two fuels, A s for t h e g e o g r a p h i c c o n c e n t r a t i o n of p r oduction, we can note that five s t ates (Oklahoma, Texas, L o u i s i a n a , N e w M e x i c o and C a l i f o r n i a ) a c c o u n t e d for 64 p e r c e n t of all d o m e s t i c o i l p r o d u c t i o n in 1 9 8 0 a n d 82 p e r c e n t of all g a s p r o d u c t i o n in 1979. T h ese states c o n s t i t u t e less t h a n 20 p e r c e n t of the t o t a l a r e a o f t h e U.S. 28 T h e m o d i f i c a t i o n s e n t a i l (1) a d j u s t i n g p o t e n t i a l G N P u p w a r d in the D R I m o d e l to r e f l e c t D O E ' s a s s u m p t i o n o f r e d u c e d real r e s o u r c e c o s t s in a c q u i r i n g the s a m e q u a n t i t y of g a s (see p a g e __ above) a n d (2) a l t e r i n g the i n p u t / o u t p u t m a t r i x in the W h a r t o n m o d e l to a l l o w for i n c r e a s e d c o n s u m p t i o n of n a t u r a l g a s in t h e i n d u s t r i a l s e c t o r w h e n d e c o n t r o l occurs, reflecting DOE's a rgument that industrial users were h e l d b e l o w their o p t i m u m c o n s u m p t i o n of gas by c u r t a i l m e n t s a n d o t h e r r e s t r i c t i o n s (Fuel U s e A c t ) . 29 S ee C o n s u m e r E n e r g y C o u n c i l of A m e r i c a R e s e a r c h Foundation, Natural Gas Price Deregulation: A C a s e of T r i c k l e - U p E c o n o m i c s for a ful l d e s c r i p t i o n of o n e o f t he major differences. 30 DOE, T w o M a r k e t A n a l y s i s of N a t u r a l G a s D e c o n t r o l ( N o v e m b e r 1981) A t t a c h m e n t IV. 437 Appendix A T H E O R E T I C A L E F F I C I E N C Y G A I N S A N D LOSSES F R O M D E C O N T R O L L I N G E N E R G Y PRICES A. Introduction S i n c e e a r l y 1979, the d i s c u s s i o n of the d e c o n t r o l of e n e r g y p r i c e s h a s b e c o m e i n c r e a s i n g l y r i g o r o u s and t h e o r e t i cal. A n u m b e r of a u t h o r s hav e a t t e m p t e d to c o n c e p t u a l i z e the p o t e n t i a l b e n e f i t s and c o s t s of d e c o n t r o l . 1 Unfortunately, the c o n c e p t u a l i z a t i o n s are f r e q u e n t l y d i f f i c u l t to reconcile. Some a u t h o r s a d d r e s s o n l y c e r t a i n p o t e n t i a l b e n e f i t s , o t h e r s a d d r e s s o n l y c e r t a i n costs. sector. S o m e o n l y a n a l y z e the e n e r g y O t h e r s a d d r e s s o n l y n o n - e n e r g y sectors. A m i d this c o n f u s i o n , the m i s c o n c e p t i o n h as b een c r e a t e d that d e c o n t r o l , of n e c e s s i t y , leads to e f f i c i e n c y g a i n s in the eco n o m y . In fact, that is not the case. A l t h o u g h the r e is a h i g h l i k e l i h o o d t h a t there w i l l be some e f f i c i e n c y g a i n s in the d o m e s t i c e n e r g y sector, and some p o s s i b i l i t y that there w i l l be r e s o u r c e g a i n s in the i n t e r n a t i o n a l sector, t h ere is also a v e r y h i g h l i k e l i h o o d th at there wil l be r e s o u r c e and e f f i c i e n c y l o s s e s in d o m e s t i c n o n - e n e r g y secto r s . T h e o r y is c o m p l e t e l y s i l e n t o n w h e t h e r the g a i n s w i l l b e l a r g e r than the losses. T h e u l t i m a t e impact of d e c o n t r o l d e p e n d s on a n u m b e r of e m p i r i c a l , n ot t h e o r e t i c a l , i s s ues. W h a t is the m a g n i t u d e of the pri c e e l a s t i c i t y of s u p p l y and d e m a n d for e n e r g y ? 438 W h a t is the e l a s t i c i t y of s u b s t i t u t i o n b e t w e e n e n e r g y and o t h e r inputs (factors of p r o d u c t i o n ) ? The bulk of the e m p i r i c a l e v i d e n c e s u g g e s t s that the b o t t o m line impact on e f f i c i e n c y is negat i v e , not positive. Thus, the b e l i e f that d e c o n t r o l leads to e f f i c i e n c y g a i n s in the e c o n o m y is not o n l y t h e o r e t i c a l l y unfoun d e d , it a p p e a r s to be e m p i r i c a l l y i n c o r r e c t as well. S e v e r a l of these issues h a v e b e e n a d d r e s s e d in e a r l i e r s t u d i e s c o n d u c t e d by the C o n s u m e r E n e r g y C o u n c i l of 2 America Research Foundation. In this A p p e n d i x , we p r e s e n t a brief, p r e l i m i n a r y , formal d i s c u s s i o n of the s ubject. The o b j e c t i v e is to s t i m u l a t e f u r t h e r c a r e f u l t h i n k i n g a b o u t the e f f i c i e n c y i m p l i c a t i o n s of d e c o n t r o l and, t hereby, to c l e a r u p some of the c o n f u s i o n . E f f i c i e n c y G a i n s in the E n e r g y S e c t o r 1. Arrow/Kalt: M a r k e t s at E q u i l i b r i u m with Inefficiencies T h e b a s i c lines of d i s c u s s i o n of e f f i c i e n c y g a i n s s e e m to h a v e b e e n laid d o w n by A r r o w and Kalt. t i f i e d two p o t e n t i a l g a i n s fro m d e c o n t r o l . They iden A c c o r d i n g to the i r a r gument, c o n t r o l l e d or s u b s i d i z e d p r i c e s lead s u p p l i e r s to p r o d u c e less and c o n s u m e r s to d e m a n d m o r e e n e r g y t han t h e y w o u l d at d e c o n t r o l l e d prices. Two types of i n e f f i c i e n c y r e s u l t i n g fro m c o n t r o l s and, theref o r e , two p o t e n t i a l e f f i c i e n c y g a i n s f rom d e c o n t r o l c an be i d e n t i f i e d . T h r o u g h o u t the a n a l y s i s we use the terms i n e f f i c i e n c y (due to 439 controls) decontrol) and e f f i c i e n c y g a i n s (potentially achievable with interchangably. S u p p l y side i n e f f i c i e n c y is d e f i n e d as the d i f f e r e n c e b e t w e e n the p r ice we pay (P^) for s u p p l i e s of e n e r g y in e xc e s s of the q u a n t i t y of e n e r g y (Qg ) d o m e s t i c s u p p l i e r s are w i l l i n g to p r o d u c e at the c o n t r o l l e d p r i c e (Pg ) and the d o m e s t i c r e s o u r c e s that w o u l d h a v e bee n u t i l i z e d d o m e s t i c a l l y to p r o d u c e that e n e r g y (see F i g u r e A.l). c o n t a i n e d in t r i a n g l e ABC. This is the area T h a t is, the pri c e we p a y for e n e r g y is a w o r l d price, but the m a r g i n a l cos t of d o m e s t i c a l l y p r o d u c e d e n e r g y is d e f i n e d by the s u p p l y c u r v e The d i f f e r e n c e is a p o t e n t i a l e f f i c i e n c y gain. (S q S q ) We can d e c r e a s e the import bill and h o l d the r e s o u r c e s in the d o m e s t i c e c o n o m y b y a l l o w i n g the p r i c e to rise to the w o r l d level. T his s h i f t of r e s o u r c e s is t a n t a m o u n t to an i n c r e a s e in d o m e s t i c p r o d u c e r s u r p l u s (as c l a s s i c a l l y defined) ^ C o n s u m e r s u r p l u s is u n a f f e c t e d . D e m a n d side i n e f f i c i e n c y is d e f i n e d as the d i f f e r e n c e b e t w e e n the p r i c e a c t u a l l y paid for e n e r g y and the v a l u e that c o n s u m e r s p l a c e on energy. T h i s is the are a in t r i a n g l e ADE. That is, b e c a u s e c o n s u m e r s "see" a p r i c e that is l ower than the n a t i o n a c t u a l l y pays, the y c o n s u m e e n e r g y b e y o n d that p o i n t w h e r e its u t i l i t y ( e x pressed in the d e m a n d c u r v e [Dq D q ] ) w o u l d j u s t i f y that c o n s u m p t i o n at the real price. The d i f f e r e n c e b e t w e e n the w o r l d p r i c e of e n e r g y and its u t i l i t y is a p o t e n t i a l e f f i c i e n c y gain. if c a p t u r e d t h r o u g h d e c o n t r o l , H o w ever, n o t e t h a t this e f f i c i e n c y g a i n w o u l d 440 FIGURE A .1 ARROW/KALT: B A SI C S U P P L Y A ND D E M A N D - S I D E POTENTIAL EFFICIENCY GAINS Supplv-side Inefficiency (i.e. r e s o u r c e s p a i d for i m p o r t s t hat c o u l d h a v e been captured by domestic s u p p l i e r s as a d d i t i o n a l p r o d u c e r surplus) Demand-side Inefficiency (i.e. loss of v a l u e to the e c o n o m y d u e to c o n s u m p t i o n of energy beyond the p o i n t of its r e a l price, i.e. e c o n o m i c , value) Quantity Source: K e n n e t h J< A r r o w a n d J o s e p h P. Kalt, P e t r o l e u m P r i c e R e g u l a t i o n : S h o u l d W e D e c o n t r o l ? (Washington, D.C., A m e r i c a n E n t e r p r i s e I n s titute, 1979), pp. 9-27, 441 c a u s e a d e c l i n e in c o n s u m e r surp l u s , as c l a s s i c a l l y defined. 4 The loss w o u l d be equ a l to the area b o u n d e d by ADFG. 2, Arrow/Kalt: M o r e S u p p l y Side Inefficiencies T h e s e w e r e the bas i c e f f i c i e n c y g a i n s that A r r o w / K a l t d i s c u s s e d and q u a n t i f i e d c a r e f u l l y . other potential gains Howev e r , (see Fig u r e A . 2) t hey als o not e d If the impo r t p r i c e d o es not r e f l e c t the full soc i a l c o s t of imports (e.g., if there are e x t e r n a l c o s t s of imp o r t s such as n a t i o n a l s e c u r i t y costs) then the w o r l d p r i c e is "too low." c u r v e is r e a l l y d e f i n e d by HS^c The import s u p p l y T he p o t e n t i a l e f f i c i e n c y g a i n s c an be m e a s u r e d as the a rea of t r i a n g l e AHI. Thi s i n e f f i c i e n c y c a n be c a l l e d the h i d d e n imp o r t costs. At the same time, t h e y n ote that i n c r e a s e d d o m e s t i c s u p p l i e s and d e c r e a s e d d e m a n d c o u l d put d o w n w a r d p r e s s u r e on the w o r l d p r i c e of energy. be HS^. The i mport s u p p l y c u r v e could The p o t e n t i a l e f f i c i e n c y g a i n s can be m e a s u r e d by the t r i a n g l e AJH. Thi s i n e f f i c i e n c y c a n be c a l l e d i m port pri c e costs. On the o t h e r hand, if d o m e s t i c c o n t r o l s g i v e i n c e n tives to look for e n e r g y in the w r o n g p l a c e s (e.g., l o w p r o d u c t i o n s t r i p p e r w e l l s or h i g h c o s t d e e p g a s ) , then the c o s t of d o m e s t i c gas is h i g h e r tha n it s h o u l d be. d o m e s t i c s u p p l y c u r v e s h i f t s to S^H. The The p o t e n t i a l e f f i c i e n c y g a i n s c a n be m e a s u r e d as the area of the t r i a n g l e HKL. T hi s i n e f f i c i e n c y c an be c a l l e d i n e f f i c i e n t d o m e s t i c p r o d u c t i o n cost. 442 FIGURE A . 2 ARROW/KALT: ADDITIONAL SUPPLY-SIDE EFFICIENCY GAINS, HIDDEN IMPORT COSTS AND INEFFICIENT DOMESTIC PRODUCTION COSTS Price Source: Kenneth J. Arrow and Joseph P. Kalt, Petroleum Price Regulation: Should We Decontrol? (Washington, D . C . f American Enterprise Institute, 1979), pp. 9-27. 443 The a d m i n i s t r a t i v e c o s t s a s s o c i a t e d w i t h c o n t r o l s can a lso be c o n c e p t u a l i z e d in this way. T hat is, if we a s s u m e that the a d m i n i s t r a t i v e c o s t s of c o n t r o l are p a s s e d t h r o u g h to c o n s u m e r s , they a p p e a r as an " a r t i f i c i a l l y ” h i g h s u p p l y curve. W i t h d e co n t r o l , the h i d d e n import costs and import pri c e c o s t s w o u l d be r e g i s t e r e d as c o n s u m e r s u r p l u s gains, the y w e r e c a ptured. if The i n e f f i c i e n t d o m e s t i c p r o d u c t i o n c o s t s w o u l d be r e g i s t e r e d as i n c r e a s e s in p r o d u c e r surplus. 2. Loury: Shortages Fro m this base, a n u m b e r of a d d i t i o n s and m o d i f i c a tions h a v e b e e n made. No t e that A r r o w and Kalt a s s u m e that the m a r k e t c l e a r s by i n c r e a s i n g imports. p r i m a r i l y by a v o i d e d import costs. market doesn't clear? de n i e d e n e r g y ? t his s i t u a t i o n T h e y m e a s u r e gain s However, w h a t if the W h a t if som e c o n s u m e r s are a c t u a l l y L o u r y has taken a s t e p towa r d d e a l i n g wit h (see Fig u r e A . 3) a p h y s i c a l shor t a g e , He a r g u e s that if there is the v a l u e of the loss to the e c o n o m y is equal to the v a l u e of c o n s u m p t i o n (i.e., the h e i g h t of the d e m a n d c u r v e D q D q ) m i n u s the c o s t of p r o d u c i n g the e n e r g y (the h e i g h t of the s u p p l y c u rve S 0 S Q ) • the t r i a n g l e ABM. Thi s area is g i v e n by L o u r y a r g u e s as follows: As m a y be s e en in the Figure, the c e i l i n g p r ice c o n t r o l - i n d u c e d s h o r t f a l l of p r o d u c t i o n b e l o w the e q u i l i b r i u m level c r e a t e s a s i t u a t i o n w h e r e the v a l u e of an a d d i t i o n a l unit of g a s to d e m a n d e r s , P , e x c e e d s the c ost to s u p p l i e r s of p r o d u c i n g a n o t h e r v unit, P * The d i f f e r e n c e P - P g is thus the p o t e n t i a l net g a i n from a n o t h e r unit of p r o d u c t i o n b e y o n d Q . As p r o d u c t i o n is f u r t h e r e x p a n d e d b e y o n d 444 FIGURE A . 3 L O U R Y : POTENTIAL CURTAILMENT EFFICIENCY GAINS Pr ice Curtailment Inefficiencies ( i . e . L loss of v a l u e to the e c o n o m y Source: G l e n n C. Loury, A n A n a l y s i s of the E f f i c i e n c y a n d I n f l a t i o n a r y I m p a c t of the D e c o n t r o l of N a t u r a l Ga s P r i c e s (Natural G as S u p p l y A s s o c i a t i o n , April, 1981), p. 2. 445 Q , the m a r g i n a l cost of a d d i t i o n a l s u p p l i e s rises, a8d the m a r g i n a l v a lue of a d d i t i o n a l units c o n s u m e d falls* T h e s e m a r g i n a l v a l u e s are e q u a l i z e d at the m a r k e t c l ea r i n g q u a n t i t y Q . The sha d e d area in the F i g u r e thus r e p r e s e n t s the net e f f i c i e n c y cost of price c o n t r o l s because, for each uni t of p r o d u c t i o n in e xcess of Q s , the h e i g h t of the dem a n d cur v e r e p r e s e n t s the v a l u e of b e n e f i t s from c o n s u m i n g that unit w h i l e the h e i g h t of the s u p p l y cur v e r e p r e s e n t s the cost of p r o d u c i n g that unit. The d i f f e r e n c e is thus the net social g a i n from h a v i n g that unit a v ailable* The sha d e d t r i a n g u l a r area then d e p i c t s the sum of net s ocial g a i n s f o r e g o n e by v i r t u e of the s h o r t f a l l of p r o d u c t i o n from Q to Q . It t h e r e f o r e also r e p r e s e n t s the effi§ iency5 b e n e f i t s w h i c h cou l d be e n j o y e d if c o n t r o l s w e r e removed. We can call this c u r t a i l m e n t inefficiency. With decontrol, those g a ins c a p t u r e d in the area b e t w e e n the w o rld p r i c e and the d e m a n d curve g a i n s in c o n s u m e r surplus. (surplus) (ACM) w o u l d be r e a l i z e d as T h e y are m e a s u r e d as the u t i l i t y lost by c o n s u m e r s who are c o n s t r a i n e d from using r e s o u r c e s up to their o p t i m u m q u a n t i t y Q q . The g a i n s b e t w e e n the wor l d pr ic e and the s u p p l y curve (ABC) w o u l d be r e g i s t e r e d as incr e a s e s in p r o d u c e r surplus. T h e y can be d e f i n e d r o u g h l y as in the A r r o w / K a l t scheme. is, they are the v a l u e (surplus) That that p r o d u c e r s c o uld r e alize if p r i c e s were a l l o w e d to rise to P w . Unfortunately, confused. the r e m a i n d e r of L o ury's a n a l y s i s b e c o m e s Hav i n g talked of actual p h y s i c a l s h o r t a g e s , he then talks of import r e d u c t i o n s (the A r r o w / K a l t point) h as sbcrt a g e s , h o w are imports to be r e d u c e d ? B ut if one A d d i t i o n s to s u p p l y will fill u n s a t i s f i e d demand, not d i s p l a c e imports. Onl y if oil is not a s u b s t i t u t e for some use s of g a s c a n there be b o t h c u r t a i l m e n t e f f i c i e n c y g a i n s and import red u c t i o n s . If t hat is the case, one m u s t be e x t r e m e l y c a r e f u l in c o u n t i n g 21-496 0 83 29 446 e f f i c i e n c y gains. If one cou n t s the full A r r o w / K a l t e f f i c i e n c y g a i n s and the full Loury e f f i c i e n c y gains, d o u b l e cou n t i n g some gains. That is, b u t a b l e to p h y sical shortage, to imports, then one m u s t be the i n e f f i c i e n c y a t t r i and the i n e f f i c i e n c y a t t r i b u t a b l e are m u t u a l l y exclusive, L o u r v ’s c a l c u l a t i o n s of e f f i c i e n c y gai n s are p r o b l e m a t i c and a m b i g i o u s on this poi n t (see F igure A . 4) full c u r t a i l m e n t g a i n s first, c a l c u l a t e s are abo u t 2 TCF, m e n t s in 1980« reality. However, He c o u n t s the the c u r t a i l m e n t s he This is far above a ctual c u r t a i l Thus, his t h e o r e t i c a l a r g u m e n t does not fit Tha t is, he c o n c e p t u a l i z e s and m e a s u r e s the area of ABM, but, in reality, p h y s i c a l s h o r t a g e s were not that large. W h a t is more, L o ury then c o u n t s import r e d u c t i o n gains. H owever, he v a lues these o n l y at their p r e m i u m a b ove the w o r l d pri c e of oil. The p r e m i u m he puts on the import s a v i n g s is qui t e high, $10 per barrel, If the $ 1 0/ ba r r e l f igure is i ntended s t r i c t l y as an a v o i d e d import price cost, then no d o u b l e c o u n t i n g has occurred. H owever, $ 1 0 / b a r r e l is a v e r y h i g h r e d u c t i o n in import p r i c e s to p r e d i c t and Lou r y ' s d i s c u s sion s u g g e s t s that the p r e m i um he has in mind is both a h i d d e n import cost s a ving and an import p r ice saving. case, then there _is some d o u b l e c ounting. If that is the Y o u can't h a v e both a h i d d e n import cost g a i n and a c u r t a i l m e n t e f f i c i e n c y g a i n of the m a g n i t u d e L o u r y c alculates. If there are c u r t a i l m e n t s of the o r d e r of m a g n i t u d e he e s t i m a t e s , there will be m u c h s m a l l e r import reductions. 447 FIGURE A . 4 LOURY: A M B I G U I T I E S IN C A L C U L A T I N G E F F I C I E N C Y GAINS If c u r t a i l m e n t s do not a c t u a l l y occur, t hen this a rea is n ot a p o t e n t i a l e f f i c i e n c y gain. Source: G l e n n C. Loury, A n A n a l y s i s of the E f f i c i e n c y a n d I n f l a t i o n a r y I m p a c t of t he D e c o n t r o l of N a t u r a l G a s P r i c e s (Natural G as S u p p l y A s s o c i a t i o n , April, 1981), pp. 2-10. 448 The a m b i g u i t y is of p o t e n t i a l l y large signif i c a n c e . The i m p o r t - r e l a t e d e f f i c i e n c y ga in s in L o u r y ' s a n a l y s i s are by far the m o s t important. If import price s a v i n g s are o n l y hal f the import gains Loury had in mind, then a l m o st o n e - q u a r t e r of the total gains L o u r y e s t i m a t e d are a result of d o u b l e counting. Loury could c a l c u l a t e all A r r o w / K a l t g a ins first and the n add some c u r t a i l m e n t gains, but it seems clear that the total g a i n s w o u l d be m u c h s m a ller than he o r i g i n a l l y estimated, Finally, L o u r y m e n t i o n s the fact that, w h e r e c u r t a i l m e n t s a c t u a l l y o c c u r and s u p p l y is rat i o n e d a d m i n i s t r a t i v e l y , t h e r e is no g u a r a n t e e that those who v a l u e gas m o s t will have a c c e s s to it. T h e r e f o r e there are p o t e n t i a l l y m o r e i n e f f i c i e n c i e s in a m a r k e t in w h i c h s h o r t a g e s exist, However, he doe s not c o n c e p t u a l i z e this effect, 3. Felmy; S h o r t a g e s w ith M i s a l l o c a t i o n Fe lmy fol l ow s L o ury's a p p r o a c h , b u t a v o i d s h is error. He also c o n c e p u t a l i z e s the rat i o n i n g e f f e c t s a b o u t w h i c h L o u r y mused (see Fig u r e A . 5) Again, e f f i c i e n c y g a i n s are m e a s u r e d as the d i f f e r e n c e b e t w e e n the cost of p r o d u c t i o n and the v a l u e of consumption — the area b e t w e e n the s u p p l y and d e m a n d curves, t r i a n g l e ABM. F e l m y c a l l s this the m i n i m u m e f f i c i e n c y g a i n call it m i n i m u m c u r t a i l m e n t i nefficiency) (we F e l m y g o e s on to c o n c e p t u a l i z e the p o t e n t i a l r a t i o n i n g i n e f f i c i e n c y of c u r t a i l ments. S u p p o s e that those who hav e a c c e s s to gas u n der the r a t i o n i n g s c h e m e are those who v a l u e it least. Their demand c u r v e w o u l d be g i v e n by D . D . , not D D and the v a l u e of the 3 11 o o 449 FIGURE A . 5 EELMY: POTENTIAL RATIONING ALLOCATION EFFICIENCY GAINS Rationing Allocation Inefficiency (i.e. the loss of value to the economy due to the fact that wrong consumers receive the energy, which is determined by the shape of the demand curve of those who actually receive Maximum Curtailment Inefficiency (i.e. the loss in value to ■the economy if those who value energy least actually receive it) Minimum Curtailment Inefficiency (i.e. the loss in value to t h e 'economy if energy is rationed administratively exactly as it would be allocated by' Quantity Source: John Felmy, The Economic Efficiency Gains of Accelerated Natural Gas Price Decontrol - A Micro-Macro Linked Approach (ICF Incorporated, submitted to the U.S. Department of Energy, Office of Policy, Planning and Analysis, Division of Energy Deregulation, December, 1981) 450 c o n s u m p t i o n lost w o u l d be g i v e n by ABGN, maximum efficiency gain He ca lls this the (we call it m a x i m u m c u r t a i l m e n t i n e f f i ciency) R a t i o n i n g a l l o c a t i o n i n e f f i c i e n c y (and t h e r e f o r e the p o t e n t i a l e f f i c i e n c y gains) w o u l d be the d i f f e r e n c e b e t w e e n the loss in o u t p u t due to c urtaiIntents , if c u r t a i l m e n t s w e r e a l l o c a t e d e f f i c i e n t l y and the loss if t hey are not a l l o c a t e d efficiently. Thi s is the area b o u n d e d by M B G N . be r e g i s t e r e d as an i n c r e a s e in c o n s u m e r surplus. This gain would The a r e a is d e t e r m i n e d by the s h a p e and l o c a t i o n of the d e m a n d c u r v e of t h o s e w h o a c t u a l l y h a v e a c c e s s to gas, F e l m y d o e s n ot m a k e it a b s o l u t e l y cle a r t h a t p h y s i c a l s h o r t a g e s m u s t o c c u r for the s e g a i n s to be r e l e v a n t , e v e n t h o u g h he d o e s not m a k e L o u r y ' s err o r of d o u b l e c o u n t i n g gains, 4• K rugman: Additional Clarifications Kru g ma n , who f o l l o w s A r r o w / K a l t clos e l y , m a k e s c h a n g e s in the c o n c e p t u a l i z a t i o n s that are usef u l (see F i g u r e A . 6) To b e g i n with, he a s s u m e s that the d o m e s t i c s u p p l y and d e m a n d c u r v e s do not cross. T h a t is, the m a r k e t d o e s not c l e a r in d o m e s t i c e n e r g y sources. e a r l i e r analysis. T h i s c o n c e p t was o n l y i m p l i c i t in the Second, he i n t r o d u c e s a d i f f e r e n c e b e t w e e n the p r ice paid to s u p p l i e r s see (P^). (Pg ) and the p r i c e w h i c h c o n s u m e r s T h i s is a p p l i c a b l e to the n a t u r a l g as m a rket. Third, he m e a s u r e s the A r r o w / K a l t d e m a n d side i n e f f i c i e n c y , w h i c h he c a l l s the d e a d w e i g h t c o n s u m p t i o n loss, b e l o w the d e m a n d curve, 451 FIGURE A . 6 KRUGMAN: REFINING ARROW/KALT Krugman Krugman Arrow/Kalt Paul Krugman, Real Exchange Rate Adjustment and The Welfare Effects of Oil Price Decontrol (MIT, Energy Laboratory, Discussion Paper No. 1, May 1981), p. 3. 452 rat h er than a b ove it, T h i s is c o n c e p t u a l l y p r e f e r a b l e and m a t h e m a t i c a l l y v e r y c l o s e to A r r o w / K a l t , ^ C, A S u m m a r y of P o t e n t i a l S f f i c i e n c y G a i n s On the basis, of t hese c o n c e p t u a l i z a t i o n s , we can d e f i n e s e v e n d i f f e r e n t i n e f f i c i e n c i e s or p o t e n t i a l e f f i c i e n c y g a i n s (see F i g u r e A . 7) Let us b r i e f l y d e s c r i b e the m a r k e t s t r u c t u r e b e f o r e we d e f i n e the p o t e n t i a l e f f i c i e n c y gains. First, note that the m a r k e t is t y p i f i e d by a c e i l i n g p r i c e for p r o d u c e r s c o n s u m e r s see, (Pg ) a b ove the a v e r a g e p rice that T h i s s i t u a t i o n o b t a i n s in the n a t u r a l gas m a r k e t due to the p a r t i a l d e c o n t r o l of NGPA, c u r t a i l m e n t s o c c u r at Q . c o ccurs. (P^) Further, note that Inefficient administrative rationing The d o m e s t i c s u p p l y ends at point H, w h e r e the import s u p p l y c u r v e begins. To a c c o m m o d a t e a m a r k e t w i t h both c u r t a i l m e n t s and imports, we a s s u m e that i m ports are oil and s ome c o n s u m e r s who can use o n l y gas are d e n i e d a c c e s s to it. The i n e f f i c i e n c i e s and p o t e n t i a l e f f i c i e n c y g a i n s are d e f i n e d as follows: 1. Rationing allocation inef fi ci en cy : Loss in v a l u e to the e c o n o m y d ue to the fact that, r a t i o n i n g p r o v i d e s g a s to th o s e who v a l u e it less, and d e n i e s gas to tho s e who v a l u e it m o r e 2. (NMOVWCXG) I mport r e s o u r c e i n e f f i c i e n c y : R e s o u r c e s s p e n t on imp o rt e d e n e r g y that c o u l d h a v e b e e n paid to d o m e s t i c p r o d u c e r s r a t h e r than f o r e i g n p r o d u c e r s — in c r e a s i n g d o m e s t i c p r o d u c e r s u r p l u s (WHBC) thereby Price FIGURE A.7 454 3. Curtailment inefficiency: Los s of v a l u e due to the fact t hat s o me c o n s u m e r s are d e p r i v e d of g a s and t h e r e f o r e u n a b l e to u n d e r t a k e e c o n o m i c a c t i v i t y 4. Hidden import c o s t s : Th e v a l u e of i m p o r t e d e n e r g y n o t r e f l e c t e d in its p r i c e 5. (MIO) I m p o r t pri c e i n e f f i c i e n c y : (IAH) R e s o u r c e s s p e n t on im po rt s w h o s e p r ice has b e e n i n c r e a s e d due to e x c e s s d o m e s t i c d e m a n d and r e d u c e d d o m e s t i c s u p p l y 6. Consumption inefficiency: (ARH) T he d i f f e r e n c e b e t w e e n the p r i c e a c t u a l l y pai d and the u t i l i t y to the n a t i o n of the energy actually consumed 1, (JRTU) Domestic production inefficiency: R e s o u r c e s s p e n t on d o m e s t i c p r o d u c t i o n as a r e s u l t of d i r e c t i n g p r o d u c t i o n o p e r a t i o n s into less tha n the m o s t e c o n o m i c cost) patterns (i.e., l e a s t (HKL) In F i g u r e A . 7, for the p u r p o s e of l a b e l i n g g a i n s and m e a s u r i n g them, the s e i n e f f i c i e n c i e s are d e f i n e d so that g a i n s b a s e d on a l t e r a t i o n s in r e s o u r c e f lows take preced e n c e . That is, e f f i c i e n c i e s w h i c h are s a v i n g s a g a i n s t c u r r e n t i m p o r t s or d o m e s t i c e x p e n d i t u r e s are c o u n t e d first, g i v e n s e co n d p r e c e d e n c e . P r i c e e f f e c t s are T h a t is, p r o j e c t e d g a i n s due to 455 c h a n g e s in pri c e imp l i c i t in the s u p p l y c u r v e are i d e n t i f i e d a f t e r c h a n g e s in resources. E x t e r n a l i t i e s are c o u n t e d third. T h a t i s r the i mplicit c o s t s of imports are i d e n t i f i e d third. Finally, " v a l u a t i o n s " are c o u n t ed last, That is, the gains d u e to the impl i c i t v alue p l ac ed on c o n s u m p t i o n by s o c i e t y (implicit in the d e m a n d curve) are c o u n t e d last Th i s a p p r o a c h is t a ken o n l y b e c a u s e it see m s to r e p r e sent an o r d e r i n g from the m o s t to the least t a n g i b l e effects. T h a t is, w h e r e r e s o u r c e s are a l r e a d y flowing, then it seems f a i r l y l i k e l y that g a i n s w h i c h rely on r e d i r e c t i n g flows c an be‘ realized. R e s o u r c e s a n d p r i c e e f f e c t s a l s o s e e m to be the m o s t e a s i l y o b s e r v a b l e and m e a s u r a b l e . s e n s i t i v e to a s s u m p t i o n s . T h e y are also mu ch less V a l u a t i o n s are l a r g e l y implicit. Indeed, h a v i n g c a r e f u l l y i d e n t i f i e d all of the p o t e n t i a l e f f i c i e n c y g a i n s of d e c o n t r o l , it mus t be said that in g e n eral t h e y are e x t r e m e l y s e n s i t i v e to a s s u m p t i o n s a b o u t the pri c e e l a s t i c i t y of s u p p l y and demand. A b o v e all, as the s u p p l y e l a s t i c i t i y b e c o m e s small, all of the p o t e n t i a l e f f i c i e n c y g a i n s e x c e p t the c o n s u m p t i o n g a i n s a p p r o a c h zero (see F igure A . 8). Under the a s s u m p t i o n of v e r y low s u p p l y pri c e e l a s t i c i t y , there is v e r y lit t l e g a i n from dec o n t r o l . M o r e o v e r , the r e are v e r y large t r a n s f e r s of w e a l t h w i t h i n the d o m e s t i c e conomy. T hat is, c o n s u m e r s u r p l u s is reduced d r a m a t i c a l l y (the area b o u n d e d by ADFG) w h i l e ^efficiency is inc r e a s e d s l i g h t l y (the area b o u n d e d by ADR) As several o t her a n a l y s e s c o n d u c t e d b y C E C A / R F h ave shown, the e l a s t i c i t y of s u p p l y in the gas m a r k e t is e x t r e m e l y 456 FIGURE A . 8 C E C A •s R E P R E S E N T A T I O N OF E F F I C I E N C Y G A I N S RESULTING FROM AN INELASTIC SUPPLY CURVE Price Consumption Inefficiency Quantity 457 l o w so that e f f i c i e n c y g a i n s are l i k e l y to be small." m a r k e t looks m o r e like F i g u r e A . 8 than A . 7. recent analysis, In fact, T he in D O E ' s the total e f f i c i e n c y g a i n s w e r e o n l y o n e - t h i r d as large as the loss in c o n s u m e r surplus, D. Efficiency Losses Howe v e r , let us a s s u m e that some q u a n t i t y of real r e s o u r c e s can be g a i n e d in the e n e r g y s e c t o r t h r o u g h decontrol, We n ext m u s t ask w h a t the c ost of those g a i n s will be in the n o n - e n e r g y sectors, Tha t is, d e c o n t r o l d r a m a t i c a l l y raise s the c o s t of a c r i t i c a l input into the p r o d u c t i o n p r o c e s s and it is c e r t a i n l y r e a s o n a b l e to ask w h e t h e r or not such a c h a n g e leads to losses in p r o d u c t i o n e f f i c i e n c y . 7 In fact, the e m p i r i c a l e v i d e n c e s u g g e s t s that in both the sho r t and long term, general economy. there are l osses in e f f i c i e n c y in the C o n c e p u t a l l y , those l o sses in p r o d u c t i v i t y and o u t p u t can be e x p l a i n e d w i t h r e f e r e n c e to a p r o d u c t i o n f u n c t i o n (see Fig u r e A . 9) energy (gas) If the e l a s t i c i t y of s u b s t i t u t i o n b e t w e e n and o t h e r inputs is low, then a rise in p r i c e s f orces the e c o n o m y d o w n to a l ower level of output. Figure A . 9 uses p r o d u c t i o n f u n c t i o n s w i t h zero e l a s t i c i t i e s of s u b s t i t u t i o n to m a k e this point. p P r i o r to d e c o n t r o l , tio n f u n c t i o n (isoquant) the isoc o s t line from 0^, p r o d u c t i o n is at poi n t 1, on p r o d u c An i n c r e a s e in gas p r i c e s sh i f t s to C^, T h a t is, the p rice of gas i n c r e a s e s r e l a t i v e to o t h e r inputs. B e c a u s e the r e is no 458 FIGURE A . 9 A REPRESENTATION OF EFFICIENCY LOSSES IN NONENERGY SECTORS with Zero Elasticity of Substitution Between Energy and Other Inputs -decontrol Isocost assuming resource s in energy sectors international sectors quat e to offset iciency losses in energy sectors) (post-decontrol Isocost line assuming- some resource g a i n s : in the energy and international s ec tors) 459 c a p a c i t y to s u b s t i t u t e for gas, the m a x i m u m o u t p u t a c h i e v a b l e o c c u r s at p o i n t 2 on the p r o d u c t i o n f u n c t i o n 0^H o w ever, if real r e s o u r c e s are g a i n e d t h r o u g h e f f i c i e n c y i m p r o v e m e n t s in the e n e r g y sector, o n l y c h a n g e in slope, the isocost line w o u l d not it w o u l d s h ift up to C^. m a x i m i z e d at p o i n t 3 on p r o d u c t i o n f u n c t i o n 0^, be b e l o w the o r i g i n a l level of output. O u t p u t w o u l d be It still would If, and o n l y if, the gain in r e s o u r c e s in the e n e r g y s e c t o r is large e n o u g h to move 9 the i s o cost line to C^, will there be no loss in output. Obviously, the a s s u m p t i o n of a zero e l a s t i c i t i y of s u b s t i t u t i o n is extreme. However, it does s e r v e to i l l u s t r a t e the p o i n t tha t the o v e r a l l imp a c t of d e c o n t r o l two e m p i r i c a l issues — is d e p e n d e n t on the m a g n i t u d e of r e s o u r c e g a i n s and the e l a s t i c i t y of s u b s t i t u t i o n , As the e l a s t i c i t y of s u b s t i t u t i o n i n c reases, fewer reso u r c e g a i n s are n e c e s s a r y to o f f s e t lost o u t p u t due to rising prices. H o w ever, the q u e s t i o n of w h e t h e r or not the b o t t o m line e f f i c i e n c y o u t c o m e wil l be p o s i t i v e or n e g a t i v e r e m a i n s an e m p i r i c a l ques t i o n . T h a t is, one m u s t e m p i r i c a l l y e s t i m a t e what the e l a s t i c i t y is and h o w large the o u t p u t l o s s e s wil l be and c o m p a r e these to the r es o u r c e gains. T h e r e is no t h e o r e t i c a l l y c e r t a i n conclu s i o n , The a v a i l a b l e e v i d e n c e s u g g e s t s that the e l a s t i c i t y of s u b s t i t u t i o n for n a t u r a l g as in i n d u s t r i a l use is q u i t e low. rec e n t e s t i m a t e b a sed on d e t a i l e d a n a l y s i s of b oth time s e r i e s and c r o s s n a t i o n a l d a t a p l a c e d it in the n e i g h b o r h o o d of ,5.10 A 460 If that is the case, t h e r e w o u l d h a v e to be v e r y large e f f i c i e n c y r e s o u r c e g a i n s in the e n e r g y s e c t o r as a r e s u l t of d e c o n t r o l to a c h i e v e an o v e r a l l p o s i t i v e impact. n o t e d above, H o w e v e r , as the a v a i l a b l e e v i d e n c e on the e l a s t i c i t y of s u p p l i e s of n a t u r a l gas d o e s not s u g g e s t that such l a r g e g a i n s are possible, Thus, the e m p i r i c a l e v i d e n c e s u g g e s t s that, the o v e r a l l economy, E* in t h e r e wil l be net losses, not gains. A F i nal N o t e The m a c r o e c o n o m i c d a t a e x a m i n e d in C E C A / R F ' s s t u d i e s of natural gas decontrol is c o n s i s t e n t w i t h thi s p e s s i m i s t i c i n t e r p r e t a t i o n of e m p i r i c a l r eality. T h a t is, all e c o n o m e t r i c m o d e l s (except one) p r e d i c t n e g a t i v e e c o n o m i c i m p a c t s p e r s i s t i n g for at l e a s t a d e cade. In an e a r l i e r report, J3ECA/RF p o i n t e d o u t t hat all the e c o n o m e t r i c m o d e l s (except one) s u g g e s t t h a t the n e g a t i v e e c o n o m i c i m p a c t s wil l p e r s i s t ad i n f i n i t u m . The one e x c e p t i o n to thi s g e n e r a l c o n c l u s i o n o c c u r s in the H u d s a n / J o r g e n s o n D y n a m i c G e n e r a l E q u i l i b r i u m M o d e l (DGEM). As h a s b e e n d i s c u s s e d in an e a r l i e r study, that e x c e p t i o n can be easily explained. 12 In fact, the D G E M m o d e l p r e d i c t s l o s s e s in p r o d u c t i v i t y in the o v e r a l l e c o n o m y as a r e s u l t of d e c o n t r o l — a r e s t i l l in e v i d e n c e 15 y e a r s d o w n the road. l o s s e s tha t In fact, the d e c l i n e in c o n s u m e r s u r p l u s is t h r e e t i m e s as l a r g e as the e f f i c i e n c y g a i n s in the e n e r g y se ctor. In fact, the l o s s e s in G N P in the e c o n o m y d u e to d e c l i n i n g p r o d u c t i v i t y a s s o c i a t e d w i t h d e c o n t r o l are l a r g e r t h a n t h e e f f i c i e n c y g a i n s in the e n e r g y 461 sector, However, this one model o f f s e t s these d i r e c t losses in G NP b y an income t r a nsfer m e c h a n i s m that is built into its structure. Thereby, it p r o d u c e s a p o s i t i v e net G N P effect. The model ach i e v e s this result by a s s u m i n g no pricew a g e - p r i c e spiral and t h e r e f o r e t r a n s l a t e s all price i n c r eases for gas d i r e c t l y into losses in labor income and i n c r eases in the income of g a s - r e l a t e d cap i t a l Thus, there is a m a s s i v e t r a n s f e r of w e a l t h from those with a hig h p r o p e n s i t y to c o n s u m e to those with a high p r o p e n s i t y to invest, In this way, the m o d e l raises the a g g r e g a t e rate of i n v e s t m e n t in the e c o n o m y through decontrol In the long run, the m o d e l p r e d i c t s G N P i n c r e a s e s rather than d e c r e a s e s (as the oth e r m o d e l s do) beca u s e of this c h a n g e in the a g g r e g a t e i n v e s t m e n t rate, Thus, even in the D G E M model, e n e r g y price d e c o n t r o l doe s not stand on its own m e r i t s as e c o n o m i c policy. line is negative. The b o t t o m It a p p e a r s p o s i t i v e o n l y b e c a u s e the model a s s u m e s a c h a n g e in the a g g r e g a t e rate of investment. H owever, if the o b j e c t i v e is to raise the a g g r e g a t e rate of investment, w h y a p p r o a c h it t h r o u g h e n e r g y p r i c e policy, w h i c h c a u s e s seve r e sho r t term d i s r u p t i o n s and long term p r o d u c t i v i t y loss e s ? The r e s h o u l d be p r e f e r a b l e , m o r e d i r e c t a p p r o a c h e s w h i c h avoid the d i s r u p t i o n s w h i l e c a p t u r i n g the benefits, 462 Appendix B C O M P A R I N G THE OIL A N D GAS A N A L Y S E S i Introduction In this report we hav e r e v i e w e d two sets of e c o n o m e t r i c a n a l y s e s of the impact of rising e n e r g y p r i c e s oil and gas analyses. the W i t h one set b e ing l a r g e l y r e t r o s p e c t ive and the o t h e r p r o s p e c t i v e , is e x t r e m e l y inviting. — a c o m p a r i s o n b e t w e e n the two Unfortunately, a n u m b e r of f a c t o r s mak e such a c o m p a r i s o n e x t r e m e l y complex, 2. M e t h o d o l o g i c a l I ssues a, Basic Adjustments First, as in the text of this report, we m u s t m e a s u r e the impact on a s t a n d a r d b a s i s — percent increase — e.g.,, impact per ICO if the c o m p a r i s o n is to be m e a n i n g f u l Second, as in the text, we m u s t als o a d j u s t the gas a n a l y s i s to a flat base case b e c a u s e the oil a n a l y s e s are u s u a l l y done w i t h flat bas e cases. Even w i t h these a d j u s t m e n t s o t h e r c o m p l i c a t i o n s arise. b. The C o n s u m p t i o n of Fuels P e t r o l e u m c o n s t i t u t e s a m u c h larg e r p e r c e n t a g e of our total e n e r g y c o n s u m p t i o n than n a t u r a l g as — c o m p a r e d to 25 percent. i n c r e a s e in price, Therefore, 40 p e r c e n t for a g i v e n p e r c e n t a g e the i mpact of the oil p r i c e i n c r e a s e on the e c o n o m y will be larger. S i m p l e a r i t h m e t i c s u g g e s t s that 463 the impact w o u l d be 1.6 t i m e s as large (.4/.25 = 1.6) Thus, for a g i v e n p e r c e n t a g e i n c r e a s e in bot h oil and gas, we w o u l d e x p e c t the oil p r i c e i n c r e a s e to h a v e an i mpact that is 1.6 t imes as large, However, we h a v e also noted that, in the i n d u s t r i a l sector, the p r i c e e l a s t i c i t y of g as is s m a l l e r than the price e l a s t i c i t y of oil, Thus, we m i g h t e x p e c t n a t u r a l gas p r i c e i n c r e a s e s to pose m o r e p r o b l e m s for the econ o m y . large. T h e r e f o r e , an a d j u s t m e n t fact o r of 1.6 ma y be too However, for p u r p o s e s of c o m p a r i s o n , i.e., in o r d e r to use the oil a n a l y s e s to p r e d i c t the i m pact of gas p r ice i ncrea s e s , we d i v i d e the oil impact b y 1.6 to a d j u s t the a n a l y s i s for the fact that we c o n s u m e so m u c h m o r e of it. c. Foreign Resource Flows At the time of the oil p r i c e shock, a b o u t 40 p e r c e n t of the p e t r o l e u m we c o n s u m e d w as imported. a b o u t 5 p e r c e n t of n a t u r a l gas is imported. Presently, only I n s o f a r as r e s o u r c e s that are not p aid to f o r e i g n p r o d u c e r s r e c y c l e w i t h i n the e conomy, e n h a n c e the b a l a n c e of t r a d e and s t r e n g then the d o llar, the i mpact of r ising p e t r o l e u m p r i c e s led b y f o r e i g n oil price i n c r e a s es w o u l d h a v e a g r e a t e r impa c t on the economy. O u t p u t w o u l d be r e d u ce d m o r e and u n e m p l o y m e n t w o u l d be i n c r e a s e d more. How e v e r , i n f l a t i o n w o u l d be a b o u t the same. If we a s s u me that e v e r y d o l l a r paid for i m p o r t s is "lost" to the e conomy, s i m p l e a r i t h m e t i c s u g g e s t s t h a t the i m p a c t of rising oil p r i c e s will be 1.6 t i m e s as lar g e as the 464 impact of ris i n g g as p r i c e s an a d j u s t m e n t factor, (,95/.6 = 1.6) We use this as T h i s will be an o v e r e s t i m a t e b e c a u s e not all of the e c o n o m i c b e n e f i t s of the e x p o r t e d d o l l a r s are lost. T h a t is, some do recy c l e t h r o u g h the economy, d, M o n e t a r y and Fis c a l P o l i c y As p o i n t e d out in the report, the oil a n a l y s e s did n ot take into a c c o u n t the m o n e t a r y and fiscal p o l i c y r e s p o n s e s to decontrol. T h a t is, the y a s s u m e d o n l y that e n e r g y pri c e s had changed. changes. T h e y did not a s s u m e o t h e r p o l i c y S i nce m o n e t a r y and fiscal p o l i c y c h a n g e s w e r e i n s t i t u t e d in r e s p o n s e to rising e n e r g y prices, u s e d to judge the the b a s e cas e i m pact of oil p r i c e s is incorrect. The a ct u a l imp a c t w o u l d h a v e b e e n d i f f e r e n t had n e u t r a l m o n e t a r y and fiscal p o l i c y b e e n pursued. The rule of thu m b that was n o t e d a b ove is that m o n e t a r y and f iscal p o l i c i e s m a y h a v e d o u b l e d the impact. T h a t is, l o s s e s in G N P and i n c r e a s e s in u n e m p l o y m e n t m a y h a v e b e e n r e n d e r e d twi c e as l a r g e as t h e y w o u l d h a v e b e e n if a c c o m m o d a t i v e r ather than r e s t r i c t i v e p o l i c i e s had bee n chosen. Inf l a t i o n, on the o t h e r hand, w as p r o b a b l y r e d u c e d b y r e s t r i c t i v e policies. ca s e — T h a t is, a g a i n s t the p r o p e r b a s e w i t h n e u t r a l (flat} m o n e t a r y and fis c a l p o l i c i e s — imp a c t s of rising e n e r g y p r i c e s w o u l d h a v e b e e n s m a l l e r on o u t p u t and u n e m p l o y m e n t , but l a r g e r on i nflation. For p u r p o s e s of c o m p a r i s o n , we a s s u m e tha t o n e q u a r t e r of the impact of r ising oil p r i c e s o b s e r v e d in the the 465 e c o n o m e t r i c a n a l y s e s sho u l d h a v e b e e n a t t r i b u t e d to o t h e r policies, T hat is, the oil a n a l y s e s m i s e s t i m a t e the impact of rising prices. T h e y u n d e r e s t i m a t e i n f l a t i o n a r y impacts and o v e r e s t i m a t e o u t p u t m d 3, e m p l o y m e n t impacts. Results T a b l e B.l p r e s e n t s the c o m p a r i s o n b e t w e e n the nat u r a l g as a n a l y s e s and the oil a n a l y s e s w i t h all of the a d j u s t m e n t s made. It can be seen that the results are r e a s o n a b l y close. The d i r e c t i o n of the p r e d i c t e d impacts are the same and they tend to d i f f e r by no m o r e than one third. the report, As p o i n t e d out in the a d j u s t e d oil impact e s t i m a t e s fall r o u g h l y w i t h i n the range of the h i g h and low e s t i m a t e s of the gas analyses. The e s t i m a t e s i n c l u d e d in T a b l e 10 in the r e p o r t are d e r i v e d as follows: E s t i m a t e from oil a n a l y s e s _ A d j u s t e d Oil E s t i m a t e A d j u s t e d Gas E s t i m a t e y . , Ins o f a r as the r e t r o s p e c t i v e a n a l y s i s c a n be s e e n as m o r e t r u s t w o r t h y than the p r o s p e c t i v e anal y s e s , the fact that the two y i e l d r o u g h l y e q u i v a l e n t r e s u l t s r e c o n f i r m s our c o n f i d e n c e in the p r e d i c t i o n s of the impact of g as p r i c e increases. 466 Table B.l COMPARING THE ADJUSTED OIL AND GAS ANALYSES Difference from a Flat 3ase Case per 100 ____._______Percent Price Increases ________ Output Inflation Unemployment (% Change) (% Change) (% Change) GAS3 Partial Deregulation Average Adjusted -1.35 -1.67 - ,4 -3.2 2.7 3.3 ,7 2.5 + ►5 + .6 + .2 + 1.1 Full Average Adjusted -1.3 -1.6 - .8 -3.6 .2 2.7 .7 2.5 + ,5 + .6 + »2 + 1.1 -3.8 -5.6 -2.9 na -6.6 -5*8 5.4 5.6 2.9 na 4.8 2.9 +2.7 +3.4 +1.5 na +6.9 +3.1 -4.1 -1.2 -5.8 -1.7 4.0 2.0 3.9 2.0 +2.5 .75 + 5.0 1.5 OILb Mork & Hall Eckstein/DRI Thurman/Berner (MPS) Average Adjusted a From Tables 5-7. ^From Tables 2-4. 467 F O O T N O T E S TO A P P E N D I C E S The s t u d i e s i n c l u d e d in this r e v i e w are: K e n n e t h J t A r r o w and J o s e p h P. Kalt* P e t r o l e u m Price R e g u l a t i o n : Sho u l d We D e c o n t r o l ? (Washington, DC: American Enterprise Insti tute, 1979); G l e n n C. Loury, An A n a l y s i s of the E f f i c i e n c y and I n f l a t i o n a r y Impa ct of the D e c o n t r o l of N a t u r a l Gas P r i c e s (Washington, D C : N a t u r a l Gas S u p p l y A s s o c i a t i o n , April 1981); J ohn C. Felmy, The E c o n o m i c E f f i c i e n c y G a i n s of A c c e l e r a t e d N a t u r a l Gas Pri c e Decont r o l ; A M i c r o - M a c r o L i n k e d A p p r o a c h (ICF I n c o r p o ra t e d , s u b m i t t e d to the U.S. D e p a r t m e n t of Energy, O f f i c e of Policy, P l a n n i n g and A n alysis, D i v i s i o n of E n e r g y D e r e g u l a t i o n , D e c e m b e r 1981); Paul Krugman, Real E x c h a n g e Rate A d j u s t m e n t and the W e l f a r e E f f e c t s of Oil Price D e c o n t r o l (MIT E n e r g y L a b o ratory, D i s c u s s i o n Paper No, 1, M ay 1981) 2 C o n s u m e r E n e r g y C o u n c i l of A m e r i c a R e s e a r c h F o u n d a t i o n , N a t u r a l G as D e c o n t r o l : A C a s e of T r i c k l e Up E c o n o m i c s (Washington, DC, J a n u a r y 1§8 2) ^Krugman, Real E x c h a n g e Rate, p. 4 and U . S t D e p a r t m e n t of Energy, Two M a r k e t A n a l y s i s of N a t u r a l Gas D e c o n t r o l (Washington, DC: G o v e r n m e n t P r i n t i n g Office, N o v e m b e r 1981) d e f i n e p r o d u c e r s u r p l u s or p r o d u c e r g a i n as the area b e t w e e n the s u p p l y c u r v e and the e q u i l i b r i u m price. This r e p r e s e n t s the d i f f e r e n c e b e t w e e n the c o s t of p r o d u c t i o n and the pri c e p r o d u c e r s receive. 4 C o n s u m e r s u r p l u s is a m o r e f a m i l i a r c o n c e p t than p r o d u c e r surplus. It can be m e a s u r e d as the d i f f e r e n c e b e t w e e n the u t i l i t y of c o n s u m p t i o n for c o n s u m e r s , i m p l i c i t in the d e m a n d c u r v e and the p r i c e paid (see Paul S a m u l e s o n , E c o n o m i c s , E l e v e n t h E d i t i o n [New York: M c G r a w Hill, 1980], p. TTTT---- ^It a p p e a r s to be c o n c e p t u a l l y p r e f e r a b l e sin c e the d e a d w e i g h t c o n s u m p t i o n loss can be d i r e c t l y c o m p a r e d to the p o t e n t i a l c h a n g e in c o n s u m e r surplus, that w o u l d o c c u r if the c o n s u m p t i o n loss w e r e elimin a t e d . c C E C A / R F , The Pas t as P r o l g u e I . ^The e l a s t i c i t y of s u b s t i t u t i o n is the c r i t i c a l d e t e r m i n a n t of the real i n come r e d u c t i o n as o u t l i n e d in the report. Thus, all of the s o u r c e s c i t e d in S e c t i o n B a b o v e are relevant. A m o s t i n t e r e s t i n g e x e r c i s e w h i c h shows s p e c i f i c a l l y the impact of d i f f e r e n t a s s u m p t i o n s a b o u t the e l a s t i c i t y of s u b s t i t u t i o n h as been c o n d u c t e d by W i l l i a m W. H o g a n and A l a n S. M a n n e (" E n e r g y - E c o n o m y I n t e ra c ti on s : The F a b l e of the E l e p h a n t and the R a b b i t ? " in R o b e r t S, Pind y c k , e d . , A d v a n c e s in the E c o n o m i c s of E n e r g y and R e s o u r c e s , 468 Vo l u m e 1: 1979]) The S t r u c t u r e of E n e r g y M a r k e t s [Connecticut: JAI, O If the e l a s t i c i t y of s u b s t i t u t i o n is zero, then the d e m a n d e l a s t i c i t y w o u l d be zero as well. O b v i o u s l y figures A . 1 - A . 8 do not reflect d e m a n d e l a s t i c i t i e s of zero. The f i gures are intended to be i l l u s t r a t i v e and any e m p i r i c a l s p e c i f i c a t i o n of the a r g u m e n t s hould c e r t a i n l y resolve this apparent inconsitency. 9 S e veral of the s e c o n d a r y p o t e n t i a l e f f i c i e n c y gai n s i d e n t i f i e d by A r r o w / K a l t — such as p rice s hock p r o t e c t i o n , m o r e a p p r o p r i a t e s t o c k p i l i n g b e havior, etc. — can best be r e p r e s e n t e d e ither as shi f t s in the isocost line or c h a n g e s in the s hape of the p r o d u c t i o n isoquant. This is in a d d i t i o n to the d i r e c t impacts on the e n e r g y sector. (See, in a d d i tion, W i l l i a m W, Hogan, "Im p o r t M a n a g e m e n t and Oil E m e r g e n c i e s , " in David A. Deese and J o s e p h S. N y e , E n e r g y and S e c u r i t y [Cambridge: Ballinger, 1981]) 1 0 Robert S. Pindyck, The S t r u c t u r e of W o r l d E n e r g y Demand (Cambridge: M IT Press, 1979), p. 222. ^ C E C A / R F , N a t u r a l Gas Price D e r e g u l a t i o n : T r i c k l e Up E c o n o m i c s . 12ibid. A C a s e of m Senator J e p s e n . Thank you. Mr. MacAvoy, is Mr. Cooper’s con cept of economic rent valid ? M r. M ac A voy . The concept, as I understand it, is one in which as prices increase due to increases of demand, additional supplies are forthcoming at higher costs, the existing supplies of gas already in the system being produced under old contracts, if allowed to go to the level of the higher cost supplies in clearing the market at a single price, will earn an additional net income above the cost of providing that old supply. In the words of David Ricardo, these are scarcity rents. They aren’t called monopoly profits because they can accrue to small farmers who have cheap production conditions as the price at the marginal farm increases. These rents are the source of incentives for the exploration and de velopment of further supplies. It’s the scurrying and hustle for ob taining those rents that keeps the small, exploratory or wildcat com pany going in this country. If they fall behind, if the wildcatters fall behind, those rents go to landowners. The largest landowner in the world capturing economic rents is the Federal Government of the United States because those rents get capitalized in the offshore bidding prices for lease rights to large volume of gas. The second largest holder is the State government of Texas, and maybe the Uni versity of Texas is the third largest. These organizations capture these rents when the exploration and development process fails to keep up with the incentive. The rents are essentially transfers from consumer groups who pay the higher uniform price. These transfers have equity implications, as Mr. Cooper clearly stated. What he didn’t clearly state is what those equity impli cations were. Is a transfer from consumers to the Department of In terior inequitable? It pays off a pitifully small proportion of the $250 billion deficit we’re now running. Is the transfer from consumers that are industries or manufacturers inequitable ? Is the transfer to large-scale, inner-city apartment houses where the typical rent is $500 a month inequitable? I have no idea. And no one who has been working on this, and I ’ve been working on natural gas since my graduate student days in the late 1950’s and I know most of the people who are working on it, have the slightest notion of what the equity implications of price increases of natural gas are. And I will stand corrected if further questioning suggests that. These transfers have economic utility be cause they solve the scarcity problem. They’re incentives for explora tion and development, incentives that are pitifully poor at the present time. As I said, we’re not replacing our supply and if you reduce them, we will not replace our supply even more. How unfair they are remains a mystery, but it is very clear that it is far more unfair to have low equitable prices and the shortages that we had in the midwest in 1976, 1977, and 1978, shortages which were not solved in terms of policy implications by the NGPA, al though they were transferred and replaced with a ratcheted price. ^So we have to be realistic about what we’re doing and I think at this time realism calls for a thorough examination of how poorly we have done in policies designed along the lines that Mr. Cooper proposes 21-496 0 83 30 470 here, that he proposed in 1977 before the NGPA in 1978. Rather than letting him continue to try to find the nirvana of a regulatory structure that produces a competitive supply at every rate of output, we really ought to go back to the market and see if the market can possibly do better than that mess that we’ve had in recent years. Senator J e p s e n . Is economic rent in this context a valid concept? Mr. M ac A voy . The concept of the transfer of income from consum ers to producers, where those producers receive net income above the straight out production costs of providing the supply of copper, or whatever it may be, is correct. There is a valid economic concept of rent. Senator J epsen . Mr. Twilley, do you have any comment on that? Any time any other panel member wants to comment, please do. Mr. T w il le y . I don’t have any comment on that, Mr. Chairman. From a practical point of view, I guess I ’d have to be professorial on that. I look at economic rents as being the difference between the low cost gas, the old gas, and the market price as being that sum of money which was available to pay for the exploration of new gas. Representative L tjngren. Mr. Cooper, I ’d like to follow up on that. Obviously, you have very different views from Mr. MacAvoy on this. And I guess it really comes down to your characterization of its as a concept of market protectors. And Mr. MacAvoy’s interpretation or characterization of it as governmental arrogance. Now I ’m flattered that you believe that because I was elected by the people of my district, and so were other Members, and the Members of the Senate were elected by the people of their particular States, that somehow we have the ability to divine what is a proper equity transfer. But, frankly, I ’ve been around here 5 years and worked on the Hill before that and I ’ve really come to the conclusion that the best and the brightest aren’t here. And you acknowledge that we made some major mistakes—thank goodness I can say the year before I got here—but nonetheless, the Congress made major mistakes in setting up this process. And while Mr. MacAvoy suggests that we ought to deregulate, it seems to me what you’re saying is that we ought to reregulate, but just do a better job of it. Where do we get this ability to make these decisions better than the workings of the market place? Mr. C ooper. Let me say that I believe in perfect markets and I don’t believe in perfect regulations. Representative L ungren . I didn’t say perfect. Mr. C ooper. I think it’s foolish to shoot for perfect regulations, just as it’s foolish to believe that the world market is a functioning perfect market. I was not a fan of NGPA and the changes I would bring in NGPA really are changes of structure. I am not trying to guess the market price. I ’m only guessing the market price by letting NGPA finish its course. But what I am most interested in, after NGPA plays itself out, is that set of institutional arrangements which will insure, as best as possible, that people are out there looking for the least cost gas, that are going to break up a series of relationships between the wellhead and the burner tip that reduce the incentive to look for cheap gas, that are 471 going to stop the practice of automatically passing through price in creases. I am a consumer of the Columbia Transmission Pipeline Sys tem which is one of the most flagrant violators of what is a simple, prudent standard. The fact that people execute some take-or-pay clauses and not others, to my detriment, is unthinkable. I believe that there are straightforward regulatory approaches which will give me some protection from that. Representative L u ngren . On that, on the take-or-pay contract, you say that we ought to establish regulations so that they are set at levels that are appropriate. My question is how do you determine what’s appropriate? We didn’t do a very good job of forecasting what the market conditions were going to be. How are we going to do a better job of forecasting such that we, through regulation, can make sure, quote, unquote, that the take-or-pay contracts are set at levels that are appropriate ? Mr. C ooper. Well, I believe that, in the first instance, and in the bills before the Congress, just about everyone has picked a number. They picked a number for the short term or the long term. Everyone knows that the 1990’s and 1995’s »are inappropriate. In several of the bills, FERC is asked to conduct a study of how the take-or-pay clauses should be set. And that will involve a study of financial institutions and how they see where take or pay should be set. But the problem is that if you believe, as we do, in an imbalance of bargaining power, then it is encumbent upon the Congress to ask itself, is that market perfect or imperfect and where we see major imperfec tions, to design regulation. I think that is a responsibility of the Congress. I tried to lay this out in my prepared statement very carefully. It is a difference of percep tion and assumptions about the underlying nature of the system. Representative L ungren . Y ou also suggest that this is a very differ ent market system than that which was involved when we were deregu lating crude o il; is that correct ? Mr. C ooper. Oh, absolutely. I loved the reference to the deregulation of crude oil because I believe that crude oil is currently being trans acted in the world at least three times its marginal cost of production. Representative L ungren . Well, let me ask you a question. Mr. C ooper. Deregulation was June 1979, at about $13 a barrel. Today, it’s still $29 a barrel. Representative L ungren . Did you support deregulation of petroleum ? Mr. C ooper. Absolutely not, we did not support it. Representative L ungren . Y ou think we made a mistake on that? Mr. C ooper. I believe if you look at 11 million people out of work here, if you look at the tremendous economic costs imposed on this economy, I believe that you should go back and rethink it. yes. Representative L ungren . Gasoline price at the pump is 13 cents lower today than it was 1 year ago. Mr. C ooper. And it’s 55 cents higher than it was in June 1979, when deregulation began. Representative L ungren . Did you make any predictions at that time like the Senator from Ohio as to how we’re going to have $2 a gallon gasoline? 472 Mr. C ooper. N o , actually, I haven’t. But I did make a prediction in April 1979, which said that the choice is whether or not to g o into the deepest depression since the Great Depression. And frankly, if you look back over the last 3 years, I think that prediction is as good or better than anybody else’s prediction. Representative L u n gr en . I happen to come from a district that pro duces a lot of crude oil. But it’s not the monopolistic capitalists who do that. It’s the city and State that I represent, the State of California, the citizens of the city of Long Beach. We’re the largest independent oil producer in California. When we were regulated, there were wells shut down. It wasn’t be cause they didn’t want to make a dirty profit. We tried to make things equal. We had an entitlement program that tried to make everything fair. And the net result of it was that it was more expensive for Chev ron, or Union, or anybody else to purchase it from the local where it was regulated than it was to purchase foreign. And ever since that, I ’ve really had a very tough problem accepting the fact that we can do a better job in these very, very complicated areas. We can’t even figure out what the deficit is g o i n g t o be. We’re sup posed to have some control over that. And we passed a tax increase last jrear, which I voted against, but we passed one because people said that it was necessary to bring the deficit down. And 2 weeks later, we come up with projections of deficits at $100 billion higher. So, I don’t know. We don’t seem to do a very good job on that sort of thing. Senator J epsen . Mr. Cooper, I hear you say that you want pipelines, for the sake of the consumers, to purchase the cheaper gas. Now do you mean that, aside from lower prices, there are no other things to consider about guaranteeing that there will be a long-term supply. Mr. C ooper. I clearly recognize that supply is important. But what I would like to do, what we need to do is to break the link that exists through current contracts, to push the price of gas up. We all agree on the current contracts problem. But I believe that there are struc tural problems underlying the contracts that do not provide proper incentives for producing gas at reasonable prices. We see no reason to give away the economic rents of old gas and we see the need to address the structural problems which push prices above what they need to be to elicit supply responses. Now some of those rents are being dissipated in very high cost sup ply, but an awful lot of those rents are being passed through to con sumers. Pipelines have not, in fact, just frivolously dissipated those rents. We believe the consumers are benefiting from the control of oldgas prices. But we believe that consumers also need protection from the way new supplies are priced. What we need to create is a counter balance to the market power of producers to simply run prices up. The way we believe you can discipline the market is by preventing some of the explicit perverse contract clauses that have come into ex istence, such as the cross-referencing of prices. We do not believe that the cross-referencing of prices makes any sense. It destroys the notion of competition. You talked about competition at the burner tip. But if the price of gas is indexed to the price of oil, there is no competi 473 tion. For all intents and purposes, if you look at the current structure of contracts, everything is indexed to the price of No. 2, not No. 6. We would like to see a set of institutional arrangements that create a counterpressure—a counterset of forces, market forces, if you will, but through a regulatory framework—that give pipelines and con sumers power to balance producers. Senator J epsen . For the record, I ’d like each member of the panel to please respond to this question: Can the natural gas market be made workably competitive as opposed to perfectly competitive ? Mr. M ac A voy . A s perhaps you might start at the right, Senator, there are steps or sets of natural gas markets. At the field level there is a set of markets in which the purchasers are industrial consumers, local municipalities, and interstate of long-distance pipeline. There’s a market at the wholesale consumption level in which pipelines pro vide supply in competition with other sources of energy and among each other. There’s a retail market for gas in which the retail public utility provides supply to consumers who make choices on types of furnaces or stove systems. With respect to the field level, there has been sufficient, I believe, and certainly significant research generated modestly from my doc toral disertation in 1960 through an interminable series of Govern ment studies that essentially produce findings that there is workable competition in gas supply because of the ability of the pipeline sys tems to place one source of supply off against another in all conditions except during shortage conditions like those in the last half of the 1970 sThere, when there’s a breakdown of the equilibrating process, there is not workable competition. At the next level of the industry, above two-thirds of the consumers in the United States—that is, retail utilities as their agents, and in dustrial consumers in and around large cities—have two, three, even four, sources of supply. Maybe not enough to establish perfect com petition. I ’m not familiar with each transaction sufficient to say that it’s workable competition in all cases. But certainly, as many sources of supply as you have available in the automobile industry, or in the steel industry, or the copper industry in this country. The competition at retail is not sufficient to prevent the occurrence of systematic pricing above competitive levels in the absence of regu lation. But no one I know proposes to deregulate the retail gas utility company and very few that I know propose to deregulate the pipeline. What is at issue here is deregulation in the workably competitive field market for gas as an option to reregulating under the NGPA or continuing the NGPA through this process that now seems to produce such a price ratchet. Mr. T w il l e y . Mr. Chairman, I agree in the retail level-----Senator J epsen . Would you use the microphone, please. Mr. T w il l e y . I ’m sorry. In the retail level, I don’t think in the foreseeable future it would be possible to deregulate gas. It’s very diffi cult for me to comprehend an industrial user competing with a dis tribution company that is serving 100,000 residents for a given quan tity of gas. I think that regulation has to be there in order to set priorities, for one thing. 474 Also, there are many different gas utility sizes. Some are very small and couldn’t really compete for the purchase of gas in the producers’ field. I think that regulatory bodies are necessary to see that the resi dential users, particularly, are protected and can receive a supply of gas. I think at most all regulators would agree that there is very little hope, in our judgment, that there can be workable competition at this level. The gas industry is a three-legged stool—the producers, the pipelines, and the distributing companies. The problem, as we see it, is the fact that deregulation of the producers must be accompanied by some kind of mechanism that will bring the producers and the ultimate purchasers together in a free market place. The mechanisms that have been pre sented so far. in our judgment, are probably not adequate. What we can say in this area is that it has been a national policy to head in this direction. I think most regulators will say, well, we will go as far as we can and try to keep the mechanisms in place that help to make gas reasonably priced and we’ll consider devices that will make workable competition possible. Contract carrier requirements for pipe lines is one, perhaps, in the President’s bill. And even in S. 823, we have the requirement that if a producer cannot—if some of his gas is backed out, that the pipeline will have to carry it at 5 cents per 1,000 cubic feet, plus costs. These are little things leading toward the possibility of workable competition and we are willing, I think, as commissioners, to consider it. But we are very skeptical that this natural resource can possibly become totally deregulated in a workable, competitive market. Mr. C o o p e r . I ’d like to typify the market as one of weak market forces and strong political, or potentially strong political actors. I have not advocated perpetual regulation through price ceilings. In that sense, there may be less difference between Mr. MacAvoy and myself than there appears. I believe that certainly at the pipeline level and the city-gate level we require regulation. What I want is not a series of categories, but a series of procedures and processes to elicit the right responses from pipelines. I would support some sort of contract carrier provisions so that those consumers who are big enough and have the access to get into the field can exert their market power. But what we are talking about as for the wellhead, I ’m aware of the history of the findings of workable competition at the wellhead. I ’m not convinced of the criteria of those conditions. But I have not advocated perpetual regulation at the wellhead. What I ’ve advocated is a series of institutions between the wellhead and the burner tip that will balance what I see as a maldistribution of market power between the people on this side of the wellhead and the people on the other side of the wellhead. Mr. M ac A voy . Could I make a comment on Mr. Twilley’s remarks, just in terms of providing a bit of perspective, gentlemen. NARUC, in its history, has had prime jurisdiction, primary jurisdiction, over the railroads and the trucks and the airlines within the State, as well as the electricity, gas, and telephone companies within State regulation. My understanding of their positions before Congress through the last 25 years is that with respect to the railroads and the trucks and 475 the airlines, and now the gas companies, NARUC never knows when to quit, that they’re really in the regulating business. And it’s fun to regulate right down to the last day to the last unit of output provided by the company that’s destroyed by the regulatory process. And I think NAIIUC here has given us essentially the same testi mony they gave on the Railroad Reorganization Act of 1976 or maybe even the same they gave us on the Airline Act of 1938, that they’re just not ready to quit. Mr. T w il le y . Mr. Chairman, we’re right on this one. M r. M ac A voy . Why are you always wrong on the others, every time you appear ? Representative L ungren . Mr. MacAvoy, from your comments, it’s obvious that you would rather us go to a deregulation mode as soon as possible. You criticize the administration’s proposal for being in some ways confusing. Do I take it from your testimony, however, that you do think that the administration’s proposal is preferable to the present law? Mr. M ac A voy . I can’t really tell, Congressman, because it is impos sible for me, with my limited resources, to determine the complex effect of the combinations of gas cap, renegotiation, and the elimina tion of incremental pricing—never mind the elimination of FUA and PURPA—in terms of the net impact that these conditions have on prices. I have a fair idea from studying NGPA for the last 5 years that NGPA has a good shot at increasing prices about one-third and that if we were to eliminate both the vintage pricing provisions in NGPA and the take-or-pay/favored-nations clauses to essentially deregulate without all the bells and whistles of the administration act, that we can save 10 percent of that price increase, that the prices that would occur from that combination of straightforward, simple deregulation, now while there is excess supply in the market, will bring prices down 10 percent below what they would be under the NGPA as the NGPA works its way through in its own stately fashion. So that deregulation will produce relative price decreases. They won’t produce absolute price decreases, because demand is increasing too fast for that. But they’ll produce relative price decreases. The administration’s bill, like the NGPA, is so darned complicated that I can’t figure out what it will do. Representative L ungren . Perhaps that’s one of the ways that they think they could get it through. M r. M ac A voy . Well, it is a smokescreen. I agree. You lay down a smokescreen in front of the first four battleships and then you might be able to get around behind the Graf Spee and do some damage. I agree. Representative L u ngren . Mr. Cooper, you’ve grabbed the micro phone. I assume you want to say something on that. Mr. C ooper. I agree that the current contract structure is propping up certain prices. The critical question is how quickly you think the contracts on low cost old gas will be renegotiated under the adminis tration plan, renegotiated upward, compared to how quickly you think the contracts on high cost gas will be renegotiated downward. 476 Frankly, having watched this market for the last 3 years struggle to resist tremendous downward pressures on price, one has to expect that you will get a much more rapid renegotiation upward on old gas prices than downward on new gas prices. The result will have to be large price increase rather than a price decrease. Again, that has to do with how you view the market. I look at who’s out there, who’s acting and who’s not, what has been accomplished in the last 3 years as every one began to recognize that the contract structure was unsupportable, and what has not. Given the sort of political economic reality that I see, I think, under administration’s bill we must experience an increase in price, simply because of the arithmetic of how renegotiations will take place. Representative L ungren . Let me ask one question of the entire panel and this has to do with something that we were getting into a little while ago. What is the legitimate way, in your individual views, of encourag ing the wildcatter, encouraging the producer, of gas ? Mr. M ac A voy . There are two elements of discouragement. One is and has to do with ability to expect some constancy in contract terms. Since 1974, contract terms at the wellhead have changed so radically three or four times, first by opinion 699 of the Federal Power Com mission; second, by the Natural Gas Policy Act; third now with these various proposals, certainly, that if one is in the business of supplying gas over a 20-year period, it is difficult, if not impossible, to have a clear, predictive grasp of what is going to happen under that contract. Stability of terms that would reduce uncertainty can only be achieved by reducing the manipulation occurring in FERC or the Federal Power Commission and statute regulations. The second element is within those conditions of high uncertainty, where is price likely to go in the middle and long term and can, on the basis of that price prediction, we expect to be able to generate scarcity rents sufficient to pay the cost of exploration and development ? My guess is, my judgment is that with respect to those conditions, under any one of these different proposals, we’re not going to see very substantial differences in the level of exploration and development over the next 3 to 5 years, that the Cooper plan or Mr. Johnson’s plan or my fresh deregulation will not produce very much change in ex ploratory activity because these are dominated by the uncertain con ditions that I described first. Mr. T w iix e y . I f I may comment briefly on this, and I don’t want to be sounding like I ’m protecting producers. But I think that we have to recognize that take-or-pay contracts, long-term contracts, have been in this industry for a long time because when a well driller finds a well, he must have the security for the banks that lent him the money of a market for his well for a long period of time. So it’s been natural in this industry that these long-term contracts are created. And I think that the problem today is m reliance upon the Natural Gas Policy Act, which created the climate that made these high, take-or-pay contracts possible. It is that error that must now be legislatively corrected. But most of the bills that are before Congress would not outlaw take-or-pay contracts. They are generally requiring that takes be re duced to some percentage of contracted amount or deliverability. 477 When we were considering S. 823, this issue was discussed broadly. In fact, it was the California commissioners who recommended the 50-percent cap or reduction because that would meet the foreseeable problems in California. So in order to keep a climate for wildcat discovery, I don’t think that long-term contracts are bad, or even that take-or-pay provisions are bad. It’s only when they’re excessive. And I think if we can bear that in mind as the present disruption gradually resolves itself, this danger may not continue with us much longer. Senator J e p s e n . I ’m pleased to hear you say that. You know, one of the dangers in this I found out very early from experience with the folks who are concerned with this issue is that we generate a lot more heat than light. The take-and-pay clauses are the normal procedure for doing busi ness and have always been around. But we must be careful, too, about how they interact with regulation. As I have personally said many times that the 1978 Natural Gas Policy Act has been used by some in the private sector. They hide behind it so they can drag their feet in adjusting the contracts to reality. They don’t need the Government to tell them that they’ve got a market-out clause or they’ve got to change to take and pay. On the other hand, there are many pipeline contracts. And so when you say simply, go and get your contract changed, that’s one thing. But to change 6,000 contracts with 900 suppliers, that doesn’t happen overnight. I have been advised that in this whole natural gas productiondistribution system, there are about 30,000 contracts involved. Mr. C ooper. I would point out that those contracts were, in fact, changed with tremendous rapidity after the act was written. And I ’m talking about existing contracts on old gas. Senator J epsen . Excuse me. Say that again. Mr. C ooper. I ’m saying that existing contracts on old gas were reopened and renegotiated with tremendous speed to put in all of these clauses that we are so concerned about today. At least 30 percent, which is the number in the first study that I saw, and probably in excess of 50 percent. And when I ’ve asked people at the Energy Information Administra tion, who have been studying the contracts, why didn*t you keep mon itoring how many existing contracts were reopened on a regular basis, their answer was, these contracts are opened every day. That is, every time you spud a new well, you go in and you reopen these contracts. The fascinating thing, and I have said this in public and I have said to Chairman Butler, the fascinating thing is that they only get re negotiated in one direction. Over 16 months ago I testified before the Senate Energy Committee and I said, there are downward pressures on prices. When Chairman Butler can come in and say that there’s been a massive renegotiation to reduce take-or-pay clauses, we will see mar ket forces operating. In 16 months no ground has been given to take the very clauses out of contracts that got into those contracts almost instantaneously. Senator J epsen . When you ask representatives o f the industry why— they’ll say, that’s because the Natural Gas Policy Act says it. We don’t have any other choice. 478 Mr. C ooper. Well, the clauses that we’re talking about were not part of the Natural Gas Policy Act. They were a function of, I believe, the bargaining power of two parties in a tight market. When the market turned around, and it’s been slack now for quite some time, the bar gaining power hasn’t shifted. The pipelines cannot bring producers to take those clauses out and producers will talk about royalty owners and everything else. It’s exactly that maldistribution of power that concerns me in the renegotiation process. Mr. M ac A voy . Mr. Cooper is simply describing a situation, Senator, where you and I agree that I sell to you some No. 2 Red Winter at $2.80 forward 6 months from now. And when we get up to the 6-month time, it turns out that that is only $2.15 on the spot market in Chicago. Why should I renegotiate that contract with you? You and I entered into it in good faith. Unless we both agree that I should take a 75-cent loss, there will not be such renegotiations. These are valid contracts, describing exactly the way, it can be de scribed in exactly the way you did. They’re between two parties and if the party has a take-or-pay clause in there that gives him 92 percent utilization when the system, as a whole, is on 65 percent utilization, he’s going to enforce it. What’s at issue here is whether the take-or-pay clause would exist if we had an open and free market for these contracts. And I submit to you, humbly, that we didn’t have take or pay with 92 percent or 95 percent before we had the NGPA. And it’s been signed since the NGPA because the supplier comes in and says, OK, I have some 107 gas that goes at a price of $7. You have a whole set of contracts for 102 gas at $2. I want you to take my gas first because I know what you’re going to do if you’re a pipeline and demand goes down. You’re going to take the cheap gas first. So that the contract only occurs in that way because you have the vintage pricing. I f everybody were paying the same price, everyone would have the same rate of take or pay. What we need in those clauses is a simple statute revision of the Natural Gas Act which says, take or pay clauses cannot be discriminatory. It’s as simple as that, which if you take from me and you take from the Congressmen, you take at the same rate. Senator J epsen . Good. I hear what you’re saying. Some of the regulations have gone too far. It’s kind of like sticking your hand in a bucket of glue and then sticking it in a sack of feathers and then you try to shake the feathers off. To believe that regulation is going to solve all our problems is an approach that has not worked. Reasonable people, with experience in the business world, look at it, they shake their head. Thank you all—and I would ask, Congressman Lungren, do you have anything else ? I ’m going to ask for closing statements here. Representative L ungren . No ; I don’t. Thank you, Mr. Chairman. Senator J epsen . I will also advise that the record will be kept open in the event that there are any members of the committee who have questions they’d like to submit, and I would appreciate it if you would respond. At this time, if you have any closing statements, the Chair would be pleased to have them entered into the record. 479 M r. M ac A voy . I w ould wish on ly to say, with due hum ility, that I support you r last statement strongly. Senator J e p s e n . I ’ll have to remember it. [Laughter.] Mr. Twilley. Mr. T w i l l e y . N o, Mr. Chairman. Mr. C o o per . I appreciate the opportunity and the committee’s efforts to raise the level of this debate. As someone who is involved in the politics of it, I do appreciate and enjoy the opportunity to debate it at a somewhat different level than we’re frequently used to around here. Thank you. Senator J e p s e n . Thank you, Mr. Cooper. I think that’s a compliment. Mr. C o o p e r . It w a s fully intended as a compliment. [Laughter.] Senator J e p s e n . Thank you, sir. The committee will now stand adjourned. [Whereupon, at 12:35 p.m., the committee adjourned, subject to the call of the Chair.] [The following information was subsequently supplied for the record:] 480 Congress of the United States Joint Economic Committee Hearings on Natural Gas Issues NATURAL GAS POLICY: INTERNATIONAL ASPECTS M. A. Adelman Department of Economics & Energy Laboratory Massachusetts Institute of Technology Cambridge, Mass. 01239 The effect of the proposed natural gas legislation would be to unlock large amounts of g a s f available at lower prices than c u r r e n t , from Canada and Mexico. The import of Alaskan gas, and of liquefied natural gas (LNG), which are clearly uneconomic# would no longer be considered# and should not be. Push a balloon in one place, it pops out in another. Fixing natural gas prices below the market-clearing price generated excess demand. When some gas was exempted from regulation, the whole force of the excess was focussed upon the exempt supply, raising its price above the market-clearing price, which would prevail absent any controls. The more severely we repressed the regulated gas price below the market-clearing price, the higher we forced up the price of exempted gas. This gave false signals to everyone, and generated massive waste of resources, by concentrating the search for gas into new and very expensive sources, instead of expanding supplies of gas from new deposits which happened to be located in "old" leases. Matters were — and still are — made much worse by pipelines "rolling in" old with new gas. The bigger the cushion of old gas, and the lower its price, the more extravagantly high the exempt gas price. Pipelines were and are ready to pay much higher prices for gas than any of_their customers could be made to pay, because they can recoup those ultra-high prices they pay by raising the average price they charge to all their customers. The situation became much worse after 1978 because the second oil price explosion pulled up the prices of all substitutes for oil, including natural gas. Hence the rise in exempt gas prices, and the frenzied boom in deep gas drilling, which 1 481 collapsed last year, In recent years, price control has tended both to block gas supplies from Canada and Mexico, and to embitter relations with them. Our neighbors argued, and correctly, that their gas was just as good as the new or otherwise exempt gas, hence it ought to receive the same high price. They erred in not seeing that the ultra-high prices could only hold for a limited part of total gas supply, and only for a limited time. The situation was already bad before 1979. A large proposed sale from Mexico was stopped because the price was higher than the regulated price, although lower than some unregulated ones. Had it been called off quietly, it would not have been so damaging. But it became a matter of high policy, and in effect though not in form, of government-to-government confrontation. It was made still worse by offensive insulting language used by some American officials. In fact, our government was trying to discourage Mexican oil as well as gas imports, because too fast a buildup of those imports "would jeopardize carefully nurtured relations in the Middle East." (New York Times, November 30, 1978) The same illusions were setting our policy then as now. "American strategists have always found a silver lining in the stable pro-Western Gulf that high oil prices helped to create." (New York Times, March 6, 1983.) True, high oil prices and billions in oil revenues have made the Persian Gulf what it is. "Stable" and "proWestern"? I would rather look at the real world, of petroleum markets. The second price explosion of 1979 made excess gas demand all the greater, because it made both industry and government think that oil and gas were becoming terribly scarce, and that prices must soar higher, forever and ever, or at least until 2000 A. D. At home, oilmen clamored to borrow, and banks crowded to lend, on the basis of discounted-cash-flow projections of prices rising by 9 percent or more per year. Mexico could commit to huge increases in spending, while expanding oil production at a moderate rate, putting gas development on the shelf. increases. In Canada also, the government banked on continuing steep It bought out some foreign producing interests, at fancy 2 482 prices, and forced out some by imposing sharing agreements upon them, because it expected the future value of those interests to be so much greater than the present value. In the same spirit, they decreased permissible exports of natural gas to the United States. In this country, the obsession with scarcity led pipelines, with the encouragement of our government, not only to buy the extravagantly priced gas, but to sign extravagant take-or-pay clauses, which were in effect substitutes for still-higher prices. The reaction began to appear in 1980. Canadian gas became difficult to sell even at permitted prices, because demand was dropping. In 1982, the demand for deep gas collapsed, and only those high inflexible take-or-pay contracts keep sizable amounts flowing, to the chagrin of the pipelines and the grievance of consumers. Deep gas that once fetched $9 or $10 is now selling at between $3.50 and $5.50 where permitted by re-negotiation or "market-out" clauses. Canadian gas, once held back because $4.94 was "too low", is now unsalable because it is obviously too high. Only about 40 percent of the Canadian allowable is actually exported. The attempt to get gas export prices which are increasingly out of touch with reality has suppressed exploration and development of Canadian oil and especially gas, to their own injury and ours. Known reserves are lying fallow, and there is little or no exploration in areas with good prospects. The current Canadian government cannot afford to admit that they have wasted the nation's resources, because the truth is too shaming to them. But there are already signs of change. Mr. Edge of the National Energy Board, said early in March that the p'rice would have to come down. Some quavers are heard in the chorus about how the current U. S. surplus will become a shortage "again" in the mid-1980s. In time, it will be recognized that there never was any shortage in the United States, except the one created by price control. The Canadian gas potential is very large, though I will refrain from guessing how many trillion cubic feet could be developed and produced. The fact is that nobody knows, that the only mechanism for finding it out is by allowing the Canadian industry to export, at a price which will move the gas. This would make it worth their while to develop the known deposits, which are considerable, and also to explore for those not yet known, which may be much larger. One transmission company has offered $3.45, and nobody doubts there is a great deal available at that price. As for Mexico, proved reserves (excluding the dubious Chicontepec area) are being depleted at the rate of only 2 percent per year, and a sizable fraction of this is flared. Probable and potential reserves are much larger than proved, and the Mexican method of 483 reserve estimation is conservative. As Mexican oil production expands, as it must to restore foreign exchange receipts, more gas associated with oil will be produced also and be worth gathering and exporting. In addition, there are some promising discoveries of non-associated gas in the Northeast, not very far from the American border. Because Mexico is so close to the United States, gas can be shipped there relatively cheaply, and fuel oil used at home instead of being exported into today’ s glutted oil markets. I hope expand output or or fair treatment We will never win don't deserve to. we can refrain from pressuring Canada and Mexico to reduce prices in the name of hemispheric solidarity, of our consumers, or some such highfalutin reason. an argument couched in terms of right or wrong, and In fact, negotiations are perfectly unnecessary. The biggest favor we could do them— and us— would be to enact the proposed gas decontrol measure to bring all gas prices together at the market-clearing level. That would rapidly destroy the artificially low-priced gas which was responsible for the artificially high priced gas, which has been dazzling our neighbors' eyes. The bill would immediately create a market in long term gas contracts. Sellers would seek out buyers, and vice versa. For the first time, producers could bargain directly with consumers, with one or more pipelines involved as carrier for a fee. There would be a wide range of alternatives for choice. All parties could come together to establish prices for sizable blocks of new supply. That is the crucial piece of information, which is always being generated in any market in long term assets, and which decades of regulation have destroyed in this country. Field price regulation has plunged everybody into ignorance. The regulation has grown increasingly complex and convoluted, to the point where nobody can say what is the price of gas today with which to compare the cost of new finding and development projects. Today, the average field price paid for natural gas is around $2.75. How high would be the market-clearing field price of natural gas? The evidence is that it would be no higher and probably lower than what is current today for new gas, which is around $3.50. At this price, more gas is being offered than is being demanded. Recall that the gas surplus has persisted for several years, even before the onset of the recession in 1981. Apparently we are coming out of that recession, but few expect "smokestack industry" to revive quickly to where it used to be. In the interim, if as we all hope it is that, we will have an opportunity to see how well domestic gas reserves respond to higher ¥ 484 prices» In 1-981, natural gas reserves-added exceeded consumption by 14 percent. Nobody knows whether this will happen again. If it does, field prices cannot rise. But let us suppose that reserves-added in this country will be insufficient to offset consumption at a price around $3.50. Large supplies can be developed in Canada and Mexico, at that price or less. If they would be willing to supply considerable amounts, the price cannot rise. Canadian and Mexican supplies would compete in Texas, the West Coast, or the East Coast, treated no differently from any American producers. They would be reckoning with prices considerably lower than the last transactions they made, and they would have to decide whether to sell at that price, or at a lower price, or hold the gas in the ground. Holding oil or gas in the ground is partly a fetish, and a tribute to prejudice. Canadian gas is too good for the Yanks, Mexican oil or gas too good for los g r i n g o s , just as American (Alaskan) oil is too good for the Japanese, Scottish oil too good for the English, still less the Continental Europeans, etc., etc. Holding mineral assets in the ground makes economic sense if — and only if the price is expected to rise at a rate faster than the rate of interest, Otherwise, the owner loses what he could have done in the interim with the proceeds, had he sold the mineral. We have it on venerable authority (Matthew 25:14) that if you cannot put assets to good use, lend them out in the money market, but don't leave them in the ground as did the "unprofitable servant", who did not deserve his trust. Delay has already cost sellers heavily. Decontrol of gas field prices over a short period, during which the network of commitments to deliver and pay can be r e examined, would be a net gain to all three nations, because it would expand output of energy at a lower cost than available anywhere else. Gas from Canada and Mexico would be forthcoming in much larger amounts than in the past. There would be no more restriction of supply north or south of the border, in the vain hope of higher prices, but rather new export commitments, fed by new exploration and development creating larger reserves than exist now. The panic which seizes on many consumers and Congress, to the effect that given decontrol all field prices will leap to $9, was not justified even a year ago, when such prices were actually being collected. It is completely delusive today. Many people are sincerely afraid of a gas price "flyup"# that given decontrol all field prices will leap to $9. The as»u«ption is wrong, and the billions in additional payments are only a hash of meaningless arithmetic. Not only has the "flyup" already happened, it has overshot. If price controls were swept away, field prices on new ?*s contracts would be lower not higher, because new gas could n© onger be rolled in with cheap old gas. 485 At the consumer end, gas is going unsold today because the price is higher than what users are willing to pay, given alternative fuels. Thus without controls the prospect would be for some price decline. This excess has transmitted back to the field, where gas is likewise in surplus, more being offered than is demanded at top permitted prices, in the neighborhood of $3.50. The cheap "old gas", which today generates b o much acrid controversy, is a wasting asset. In ten years, it will be largely gone. If we perist in holding down field prices, we will have replaced it with new supplies priced at $7 and more from Algeria, a supplier which broke agreement after agreement with the French in the 1960s, and did the same thing to European and U. S. buyers of gas recently, stopping delivery "for technical reasons" until they obtained higher prices than in the contract. We will also have gas from Alaska costing $12 to $15, and more deep gas costing $9 or $10. That this will have been done in the name of protecting consumers from high prices makes a rather sour joke. 21-496 0 83 31 486 A m e r ic a n F a r m B u r e a u F e d e ra tio n W A S H IN G T O N O F F IC E •OO MARYLAND AVE . S.W SUITE BOO W ASHINGTON. D C 20024 AREA CODE 202 - 4 *4-2222 April 15, 1983 Honorable Roger W. Jepsen Chairman Joint Economic Committee Senate Dirksen G-01 Washington, DC 20510 RE: Natural Gas Legislation Dear Senator Jepsen: Farm Bureau is the nation's largest general farm organization, with over three million voluntary member families in 48 states and Puerto Rico. We estimate that about 85 percent of the working farmers and ranchers in the United States are Farm Bureau members. Farm Bureau policy is developed from the grass roots up through the ranks of the organization. Because of the nature and scope of our policy process, we are confident that our adopted policies represent the thinking of a majority of individual farmers and ranchers in this country. 1983 Farm Bureau policy on energy, adopted in January at the 6Uth annual meeting, calls for deregulation of natural gas. This position is based upon the concerns of farmers and ranchers for adequate and timely supplies of energy necessary to produce, process and transport food and fiber for our nation. We believe that the market is the better allocator and price setter for all energy supplies, including natural gas. The federal government has regulated natural gas since at least 1951*. Federal controls kept natural gas prices artificially low. As a result, natural gas was overused in relation to alternative energy sources. Also, exploration and development of new natural gas supplies dwindled due to the lack of economic incentives. By the winter of 1976-1977, there was a severe shortage of natural gas, except in the unregulated intrastate markets of the producing states. Factories had to be shut down, schools closed, and many people were unable to heat their homes. In response to this energy crisis, Congress debated decontrol, but finally chose to enact the Natural Gas Policy Act (NGPA). The NGPA gave rise to new problems and compounded the old ones. Regulations multiplied. Over twenty price categories were set favoring the most expensive gas to produce. The intrastate gas market 487 was brought under federal control. New gas would eventually escape control, but old gas was to be forever regulated. Today, in spite of an apparent abundance of gas supplies, prices are rising sharply. Consumers are angry and demanding relief. So Congress is again considering whether to deregulate or reregulate. We submit that federal controls have not only failed, but have been the principal cause of supply and price problems for the consumer. Now is the time to completely decontrol all natural gas supplies. We believe that all consumers and every segment of our economy will benefit from decontrol. Deregulation would have an impact on production agriculture primarily in the supply and prices of ammonia (nitrogen) fertilizer made from natural gas. The major uses of ammonia fertilizer are concentrated on corn, cotton, wheat, fruits, and vegetables. Ammonia fertilizer accounts for about 36 percent of fertilizer expenditures and about 2.4 percent of overall production costs. Approximately 40 percent of the cost of ammonia production is the cost of the natural gas input. On a straight arithmetical basis, each 10 percent increase in natural gas prices would result in a 4.0 percent increase in the price of farm ammonia or a ,1 percent increase in overall farm production costs. This means that even if natural gas prices doubled there would be only a 1 percent increase in farm costs. This assumes that gas price increases would flow straight through the production chain and that all else would remain the same. But all else would not remain the same. Ammonia producers would improve efficiencies. Farmers would accelerate the adjustments they are now making, such as using less ammonia, adopting more efficient methods of application, or switching to other nitrogen fertilizers. We do not, however, foresee drastic price increases for natural gas under decontrol. We do foresee increased natural gas production and added competition among various energy sources, particularly petroleum based liquid fuels. This is very significant for production agriculture which spent $8.8 billion for gasoline, diesel fuel, and lubricants in 1982, more than one and one-half times the direct and indirect expenditures for natural gas. An abundance of natural gas not only places price pressures on liquid fuels, but also releases liquid fuel supplies for uses where there is no readily available alternative energy source, such as production agriculture. Irrigation pumping and crop drying are the other major uses of natural gas in production agriculture that would be affected by dere gulation. The use of natural gas for irrigation pumping takes place primarily in the states of Texas, Kansas, New Mexico and Arizona. Propane, derived from natural gas, has its highest usage in the states of Nebraska, Texas, Arkansas, New Mexico and Oklahoma. However, nationally 70 percent of irrigation pumping units rely on electricity, while only 19 percent use natural gas. 488 The use of natural gas for crop drying is highest in the corn belt. Usage varies considerably depending upon the weather which affects moisture content. Also, there already has been considerable interest by corn belt farmers in converting to low temperature natural air dryers and various solar applications for drying. Overall, we believe the impact of natural gas deregulation would be minimal even under the worst-case projections for gas prices. Most farmers and ranchers can make compensating adjustments, and will do so better than they did when gasoline and diesel fuel prices skyrocketed under the OPEC embargoes. Assuming for the moment that the worst-case gas prices would occur, the increased supply advantages would still outweigh the price disadvantages. Furthermore, the present time is the best time to decontrol natural gas as far as agriculture is concerned. Tremendous commodity surpluses are dictating reductions in agricultural production, which means there will be reduced demands for natural gas based fertilizers. If decontrol were to occur now, natural gas price adjustments to market clearing levels would take place when agriculture’ s demands are lowest. However, we do not believe worst-case price increases will result. If deregulation were to occur immediately, we believe overall gas prices would decline, particularly now that oil prices are dropping drastically. The present situation with petroleum is a good example of the benefits to be derived from deregulation of natural gas. Numerous bills have been introduced in Congress which propose either reregulation or deregulation. We are opposed to those which call for reregulation through price rollbacks and freezes for all natural gas, both old and new. These measures would only compound today's problems and make the ultimate adjustment to marketplace determinations that much more difficult and injurious to consumers. The Administration has proposed phased deregulation of all natural gas by January 1, 1986. Introduced in the Senate as S. 615 and as H.R. 1760 in the House, the Administration's proposal would encourage voluntary contract renegotiation during the transition period to correct current distortions in the regulated market. Consumers would be protected from further NGPA price distortions through price caps and Federal Energy Regulatory Commission reviews on cost pass-throughs above the rate of inflation. Take-or-pay obligations will be restricted to 70 percent, and parties to all pre-enactment contracts will have the right to market-out on January 1, 1985. The Administration's proposal also would repeal the Fuels Use Act of 1978 which restricts natural gas uses. While we would prefer immediate, total decontrol, Farm Bureau can support passage of the Administration's proposal as contained in S. 615 and H.R. 1760. We recognize that there are refinements and improvements that can and will be made to the Administration's proposal. 489 However, we believe it is critical that there be no extension beyond the January 1, 1986, date for total decontrol, and that all gas— both old and new— be deregulated. We reiterate that federal controls on natural gas have not only failed, but have been the principal cause of our supply and price problems. The last thing we need now is more of the same. We will appreciate your consideration of our views in this matter of utmost importance. We request that our views be included in the Committee's hearing record on natural gas legislation. Respectfully John C. Datt Secretary and Director Washington Office lh cc: Committee Members 490 AMERICAN J iMEAT I J i T l : INSTITUTE Serving The Meat Industry Since 1906 April 29, 1982 The Honorable Roger W. Jepsun Chairman Joint Economic Committee Room SD-G01 United States Senate Washington, D.C. 20510 Re: / Natural Gas Legislation Dear Chairman Jepsun: This letter is intended to provide you, and the members of your Committee, with the views of the American Meat Institute (AMI) regard ing legislation relevant to the regulation of natural gas. AMI is the oldest national trade association representing packers and processors of red meat. Although AMI's membership includes some of the nation's largest meat companies, more than 70% of the Institute's members employ 100 or fewer individuals. AMI's members are significant users of natural gas and, therefore, we are most interested in the way in which it is to be regulated. The complexity of the issues involved in natural gas legislation and the multiplicity of proposals brought forward effectively limit AMI's ability to address each potential problem. Therefore, AMI's Energy Committee has concluded that comments reflecting the Associa tion's general concerns in this area, rather than a detailed review of each aspect of each possible approach reflected in legislation already introduced and before the Committee, probably would be the most help ful imput which we can provide you. AMI respectfully requests that these comments be included in that portion of the record of the Subcommittee's proceedings which you consider to be most appropriate. The Meat Packing Industry and Its Use of Natural Gas The red meat industry, SIC Codes 2011, 2013, consumes an esti mated 100 trillion BTUs of energy per year in its facilities, accord ing to various U.S. Department of Energy (DOE) studies. The 1982 AMI energy efficiency report to DOE indicated that natural gas presently represents 63.5 percent of all energy used by meat packing plants. Thus an estimate of natural gas use in the meat industry is about 64 billion cubic feet per year. Assuming natural gas prices at $4.00 per thousand cubic feet, this represents natural gas sales to meat packers totaling an estimated $250 million per year. P.O. Box 3556, Washington, D.C. 20007 - 1700 North Moore Street, Arlington, VA. 22209 • 703/841-2400 491 The industry is comprised primarily of a very large number of relatively small sized plants throughout the country and is character ized by extreme competition and very tight profit margins (often less than one cent per dollar of sales). The natural gas bills for a meat plant (rarely larger than $500,000.00 per year) and the net profits of a meat plant frequently are of the same order of magnitude. Thus, any large or sudden changes in retail prices for natural gas will have an immediate, and potentially significant impact on a meat plant's profit ability. In the meat industry, natural gas is used for efficiency and economy in minor process needs for which there is no alternative to natural gas (except propane) such as hog singeing and in direct fired meat processing ovens.* However, an estimated 85 percent of the natural gas used by the meat industry is for boiler fuel where the normal alternative fuel is either No. 6 oil or No. 2 oil, or, in a few cases, coal, and in rare cases, even propane. Typical larger plant strategy is to use natural gas for all fuel needs and to switch boilers, where possible, to installed alternate fuel oil use as soon as oil is cheaper. This has already happened in locations where No. 6 oil has become cheaper than the retail price for natural gas. Plants dependent on only No. 2 oil for standby boiler fuel still have alternative fuel costs well above even current natural gas rates. This strategy is not available to many smaller plants which are less capable of economically installing the capacity to consume an alternate boiler fuel. Moreover, throughout the industry, process gas needs will continue to be met with available natural gas, even when it greatly exceeds oil costs. Since there is essentially no profit market available to absorb higher fuel costs, higher natural gas prices will be reflected in resulting higher cost of meat to consumers. Thus, while there exists significant elasticity of demand for higher cost natural gas if oil becomes cheaper, an increase in natural gas prices has a direct inflationary impact on meat prices. In the mid-1970's, many meat packers dependent on interstate natural gas experienced severe curtailments of natural gas supplies. Interference with production occured where alternate fuel capability did not exist. Capital was spent on installing alternate fuel sy stems. Extended periods of curtailment required the use of expensive alternate fuels, often at prices over twice the cost of the natural gas curtailed. * The United States Department of Agriculture has not approved the use of fuel oil substitutes for natural gas (or propane) for use in these processes where the combustion by-products come in contact with human food. 492 The Natural Gas Policy Act of 1978 (NGPA) put natural gas on a road to price decontrol in order to assure adequate supplies. Since then, natural gas supply problems have virtually disappeared as an issue. The issue now is price. Natural gas prices have escalated at rates above inflation and in excess of those anticipated under the NGPA decontrol scheme. Large price differences between regions of.the country are now commonplace. Where natural gas has exceeded the cost of alternate fuels such as No. 6 oil, switching to oil has occurred and natural gas distributors are offering reduced rates to such users. The experience of the meat industry during a period in which its supplies of natural gas, i.e., prior to 1978, were curtailed, shows that the return to abundant supplies of natural gas since 1978 has saved the industry many millions of dollars per year in fuel costs. Despite its flaws, enactment of the NGPA has resulted in a rever sal of the problems of chronic natural gas shortages due to the inter state natural gas market. The pricing problems now experienced under the phased decontrol are several, summarized as follows: (a) low cost older gas is not being produced in volumes expected, due to its remaining under controls; (b) new gas, while undergoing phased deregulation, is still well below market value, and a price fly-up could occur when new gas is totally deregulated; (c) deregulated gas is being sold at well above its true market value because pipelines can average all gas costs to their customers; (d) regional price differences are becoming large because some pipelines enjoy a greater ratio of old to new gas; (e) take-or-pay provisions of deregulated gas sources and import contracts are causing more expensive gas to be taken in lieu of controlled sources; and (f) end-users of gas concerned about the large percentage in creases in gas rates, now at 20 to 30 percent per year, feel such a rate of price climb is too high or too fast for the economy to absorb. These serious pricing issues are precipitating requests for Congress to consider new legislation to refine the present course of decontrol of natural gas. 493 Principal Concerns of the Meat Industry With Respect to Legislation Regarding the Regulation of Natural Gas As discussed above, the meat industry's composition, i.e., primari ly small plants, dispersed throughout the country, and its low margin of profit result in its being highly vulnerable to gyrations in the market for natural gas. Despite the best efforts of legislators,and regulators, the substitution of regulatory programs for the operation of historic market mechanisms has resulted in unsatisfactory distor tions in the natural gas market, first in the area of supply and more currently in price. Thus, AMI believes that any additional legisla tion should have as its primary objective the achievement of a true "market” for natural gas, subject to the operation of historic market mechanism. However, AMI recognized that the achievement of that objec tive must be accomplished in a manner which does not inflict an unac ceptable burden on the economy. Moreover, AMI recognizes that the extensive participation of the government in the natural gas market since the 1950's has shaped that market and created some obstacles to a smooth transition to an unregulated environment. Absent affirmative action to eliminate the obstacles resulting from the government's intervention, the "deregulation" of natural gas would make little sense, since obstacles, such as long term contracts which do not provide both parties with the opportunity to adjust to changing market conditions would effectively inhibit the operation of historic market mechanisms. In short, the government's past involve ment in the natural gas market has created more obstacles to the free operation of that market than just its current regulatory program. The elimination of these derivative impediments must be addressed prior to the elimination of the regulatory program itself. A prime example of a "derivative" impediment to the free opera tion of market mechanisms is the so-called "contract problem," i.e., the existence of price-escalator clauses, most-favored-nation clauses, and take-or-pay clauses in most producer contracts. These lopsided provisions protect the producer to the detriment of end-users. A more balanced contract with increased protection to the end-users would leave all these provisions intact but add to them, for the period of phase-out of controls, a market-out clause. Thus, if a producer prices himself out of the market, h.e would be forced to renegotiate the gas price to a point where the natural gas could be marketed successfully. At the point in time that natural gas is completely decontrolled, the forced inclusion of market-out provisions would be eliminated. AMI is also very concerned about certain perceptions of advantages of the contract carrier provision proposed. Past experience leads us to believe that it would not have all the advantages one might expect. One of our member's experience with the former "533 Program" in 1979 helped us understand the practical problems of buying prodacer gas and arranging 494 to transport that gas when the volume needed is small. In retrospect, we felt it was not practical to expect small gas users to be success ful in finding gas sources for themselves and then expect them to be successful in negotiating with the one or more interstate pipelines involved in the actual transport route and then negotiate with the local gas distribution company for final delivery. Very large industrial gas users will probably be supportive of the contract carrier provision, but small industrial users, such as almost every meat packer, would not enjoy the same benefits. When small gas volumes are involved, neither producers nor pipelines would likely want to incur the administrative costs for such transactions. We do not disagree with the inclusion of the contract carrier authorization. Instead, we merely want to be sure that its advocates understand that its benefits would flow primarily to very large indus trial gas users only and that it would not serve as a practical means of providing "free market" priced gas to the much larger number of small industrial and commercial gas users. With the foregoing as background, AMI hopes that the following comments on broad, general proposals will be helpful to you and other members of the Subcommittee: (1) Immediate decontrol would trigger price-escalator clauses and most-favored-nation clauses of producer contracts with pipelines, and the take-or-pay provisions of many supply contracts. Such action likely would result in an immediate and significant increase in natur al gas prices at the wellhead. These costs will be transmitted to distributors who will immediately pass through higher averaged costs to end-users by use of the purchased gas adjustment mechanism. End users whose natural gas price exceeds their available alternative fuel costs will cease to use natural gas and opt for the lower cost alter nate fuel. Those users who have no alternate or have high cost alter nate fuels will see a significant increase in their natural gas prices. State utility commissions unwilling to let the full impact of this increase affect residential users of natural gas may choose to freeze the retail natural gas price, forcing business users to absorb the sudden increase in natural gas rates. Industrial users who have left the natural gas system for cheaper alternate fuels may be given dis counted natural gas rates by distributors who need the industrial load to help carry the fixed costs of distribution of natural gas. From the view of a meat packer, two affects of immediate decon trol would be felt: (1) an immediate increase in boiler fuel cost relative to the alternate fuel price, with boiler fuel price stabiliza tion at that point, and (2) a second and much higher price increase for process gas. Those with only No. 2 oil for a boiler fuel alter native would have such a sizeable increase that consideration would be given to installing No. 6 capability to reduce fuel costs. These higher operating costs cannot be absorbed and, thus, would be reflected in price increases in the products. However, the degree of impact will vary regionally causing some packers more economic stress than others. 495 Natural gas supplies would remain plentiful, but costly with, a two-tier price likely for natural gas depending on use — one for boiler use, and another higher price for non-boiler use. Long-term supplies of natural gas would be expected to be excellent and, eventu ally, regional differences in natural gas price would likely lessen. Energy conservation would become even more important and waste heat recovery would be absolutely essential for energy cost control. In summary, the scenario described above would cause immediate and serious economic disruption temporarily but, in the long-run, these problems would wane. Meat prices will have been forced upward as a direct result and, regionally, some packers will likely be more severely affected as compared to others. Packers less capable of implementing cost-effective state-of-the-art energy conservation measures would tend to lose in their relative competitive positions. (2) Accelerated decontrol of new gas would have the same type of impact as described above for the immediate decontrol scenario, but in a much more muted fashion. Supplies of natural gas would remain as good as today, but higher natural gas costs will be felt which would be regionally different. Higher meat prices would result from a fundamental income transfer from the public to the natural gas pro ducer. Accelerated decontrol merely hastens the transition period to the time of full decontrol which adds further economic stress at a time such stress may not be in the National interest. From a packer's viewpoint, costs would increase with very little compelling justifica tion such as an improvement in natural gas supply assurance. (3) Phased decontrol of old gas, however, would tend to increase the availability of this very low cost source of natural gas to pipe lines to help them lower the average of all wellhead natural gas purchases. If phased properly, the net economic impact to packers would be minimal. If decontrolled too quickly, the economic impact would be negative, resulting in unneeded income transfer from the public to owners of old gas sources. (4) Retaining the NGPA decontrol plan would continue the present environment of ample natural gas supplies and steadily increasing natural gas rates like those of the past few years and continuing regional differences in natural gas costs until 1985, when new gas is decontrolled or reconsidered for extended controls. At that time, no one knows if a price fly-up will or will not occur, but some sudden readjustments in prices is very likely. The more serious problem with no change in the NGPA is the continued full control of old gas causing less than optimal production of this economical source of natural gas. (5) Extending controls beyond NGPA. If Congress were to extend controls on new gas and keep controls on old gas, the present problems in natural gas pricing would be prolonged. The extended short-term projection would be dampened price increases, while easing economic stress, would continue the present problems of marketing natural gas, 496 and would provide strong disincentives to needed production. Meat packers would see continued pricing/problems regionally and could experience an increasing level of curtailment. (6) A price freezing would fix, in time, the present pricing problems in natural gas without a solution and, at the same time, provide a strong disincentive for needed production. Ironically, natural gas prices to a packer would still increase even under the freeze due to inflation increasing the transmission and distribution costs and, in the long-term, increased curtailments would be assured. (7) Continue the NGPA decontrol plan, but pass legislation to initiate phased decontrol of gas. Assuming a resolution of the "con tracts problem," this scenario attempts to strike the best compromise between achieving decontrol in the long-run and minimizing economic stress in the short-run. The new legislation addressing decontrol of old gas would allow producers of this very economical and available source of natural gas the proper incentive to continue and promote production. The benefits to the end-user packers would be two-fold: (1) it would further improve natural gas supply, and (2) the more economically produced old gas would act to dampen the need to buy the new and higher priced natural gas sources. While natural gas prices to end-users would be unlikely to drop as a result, the increased production of old gas would help stabilize overall natural gas prices and lead to less differences in regional natural gas prices. Should old gas decontrol be mandated, the inclusion of a windfall profits tax would be counterproductive. Such a tax would remove the very incentives to production intended by phasing out controls on old gas. Finally, packers are best served by insuring that retail natural gas pricing reflects cost-of-service based on ratemaking for all users. Attempts to load the price of decontrol onto any one user group should be strenuously opposed. Repeal of incremental pricing would be consistent with this support for fairness in rates to all users. AMI appreciates this opportunity to share its views with you. If you or your staff have any questions regarding AMI1s comments, or if we might provide further information upon which our position is based, please do not hesitate to contact us. Sincerely, C. Manly Molpus President CMM/lwc o