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Oil Price Controls
and Transportation Rates.
Sales of oil, condensate and natural gas liquids by the Company
are not currently regulated and are made at market prices. The price
the Company receives from the sale of these products may be affected
by the cost of transporting the products to market. Much of that
transportation is through interstate common carrier pipelines. Effective
as of January 1, 1995, the FERC implemented regulations generally
grandfathering all previously approved interstate transportation
rates and establishing an indexing system for those rates by which
adjustments are made annually based on the rate of inflation, subject
to certain conditions and limitations. These regulations may tend
to increase the cost of transporting oil and natural gas liquids
by interstate pipeline, although the annual adjustments may result
in decreased rates in a given year. These regulations have generally
been approved on judicial review. Every five years, the FERC must
examine the relationship between the annual change in the applicable
index and the actual cost changes experienced in the oil pipeline
industry. The first such review was completed in 2000 and on December
14, 2000, the FERC reaffirmed the current index. Following a successful
court challenge of these orders by an association of oil pipelines,
on February 24, 2003 the FERC acting on remand increased the index
slightly for the current five year period, effective July 2001.
The Company is not able at this time to predict the effects of these
regulations, if any, on the transportation costs associated with
oil production from the Company's oil producing operations.
Environmental
Regulations. The Company's operations are subject to numerous
federal, state and local laws and regulations governing the discharge
of materials into the environment or otherwise relating to environmental
protection. These laws and regulations may require the acquisition
of a permit before drilling commences, restrict the types, quantities
and concentration of various substances that can be released into
the environment in connection with drilling and production activities,
limit or prohibit drilling activities on certain lands within wilderness,
wetlands and other protected areas, require remedial measures to
mitigate pollution from former operations, such as pit closure and
plugging abandoned wells, and impose substantial liabilities for
pollution resulting from production and drilling operations. Public
interest in the protection of the environment has increased dramatically
in recent years. The trend of more expansive and stricter environmental
legislation and regulations applied to the oil and natural gas industry
could continue, resulting in increased costs of doing business and
consequently affecting profitability. To the extent laws are enacted
or other governmental action is taken that restricts drilling or
imposes more stringent and costly waste handling, disposal and cleanup
requirements, the business and prospects of the Company could be
adversely affected.
The Company
generates wastes that may be subject to the federal Resource Conservation
and Recovery Act ("RCRA") and comparable state statutes. The U.S.
Environmental Protection Agency ("EPA") and various state agencies
have limited the approved methods of disposal for certain hazardous
and nonhazardous wastes. Furthermore, certain wastes generated by
the Company's oil and natural gas operations that are currently
exempt from treatment as "hazardous wastes" may in the future be
designated as "hazardous wastes," and therefore be subject to more
rigorous and costly operating and disposal requirements.
The Company
currently owns or leases numerous properties that for many years
have been used for the exploration and production of oil and gas.
Although the Company believes that it has used good operating and
waste disposal practices, prior owners and operators of these properties
may not have used similar practices, and hydrocarbons or other wastes
may have been disposed of or released on or under the properties
owned or leased by the Company or on or under locations where such
wastes have been taken for disposal. In addition, many of these
properties have been operated by third parties whose treatment and
disposal or release of hydrocarbons or other wastes was not under
the Company's control. These properties and the wastes disposed
thereon may be subject to the Comprehensive Environmental Response,
Compensation and Liability Act ("CERCLA"), RCRA and analogous state
laws as well as state laws governing the management of oil and natural
gas wastes. Under such laws, the Company could be required to remove
or remediate previously disposed wastes (including wastes disposed
of or released by prior owners or operators) or property contamination
(including groundwater contamination) or to perform remedial plugging
operations to prevent future contamination.
CERCLA, also
known as the "Superfund" law, and similar state laws impose liability,
without regard to fault or the legality of the original conduct,
on certain classes of persons that are considered to have contributed
to the release of a "hazardous substance" into the environment.
These persons include the owner or operator of the disposal site
or sites where the release occurred and companies that disposed
or arranged for the disposal of the hazardous substances found at
the site. Persons who are or were responsible for releases of hazardous
substances under CERCLA may be subject to joint and several liability
for the costs of cleaning up the hazardous substances that have
been released into the environment, for damages to natural resources
and for the costs of certain health studies, and it is not uncommon
for neighboring landowners and other third parties to file claims
for personal injury and property damage allegedly caused by the
hazardous substances released into the environment.
The Company's
operations may be subject to the Clean Air Act ("CAA") and comparable
state and local requirements. Amendments to the CAA were adopted
in 1990 and contain provisions that have resulted in the gradual
imposition of certain pollution control requirements with respect
to air emissions from the operations of the Company. The EPA and
states have developed and continue to develop regulations to implement
these requirements. The Company may be required to incur certain
capital expenditures in the next several years for air pollution
control equipment in connection with maintaining or obtaining operating
permits and approvals addressing other air emission-related issues.
However, the Company does not believe its operations will be materially
adversely affected by any such requirements.
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