On the heels of this post from last week and ConocoPhillips’ big bet on natural gas earlier this week, natural gas futures jumped to another all-time high yesterday for a front-month contract and settled above $15 per million British thermal units for the first time. January futures on the New York Mercantile Exchange rose as high as $15.78 and settled at $15.378 per million British thermal units, which is an increase of about 38 cents from its previous settlement high.
Inasmuch as natural gas production in the Gulf of Mexico has still not recovered fully from the damage caused by multiple hurricanes earlier this year, natural gas supplies remain constricted. As a result, price is volatile on virtually any indication of increased demand, and the recent cold weather in the Upper Midwest and Northeast — the two main areas of hearing fuel demand — is seen as the primary cause of the increasing price of natural gas over the past week’s trading sessions. Following an unusually warm November in those regions, December has been bitterly cold as weather futures are betting that it will be at least 20% colder than normal in New York City and Chicago through the Christmas holiday.
Just the thought of that type of weather may force me to hit some golf balls at the driving range this afternoon in Houston’s beautiful late fall weather. ;^)
Lunch with Ken Lay
Lunch was interesting in Houston yesterday as former Enron CEO and federal criminal defendant Ken Lay was the featured speaker at the Houston Forum‘s monthly luncheon. An earlier post on the lunch is here and the NY Times article on Mr. Lay’s talk is here.
From Mary Flood’s article on the talk, it sounds as if Mr. Lay has been reading this blog as he bones up for testifying at trial (which decision to testify, as Ellen Podgor notes, may be premature):
Flanked on the podium by Texas and U.S. flags, and a gold- and red-trimmed Christmas tree, Lay read from a prepared text in which he attacked the Justice Department for prosecuting the accounting firm Arthur Andersen, destroying the company and dropping the case. He said the prosecutors have been trying to criminalize normal business practices.
“If asked, I am certain that the Enron Task Force would say they have taken so much time because the crimes at Enron are so complicated,” he said. “However, I would say the Enron Task Force has taken so much time because it is complicated to find crimes where they do not exist.”
He said he doubts most of those who pleaded guilty in this case were criminals ó rather they were bullied into their pleas by prosecutors. . . .
Prosecutors want to narrow the case, and defendants want more witnesses and experts, Lay said.“Why do we want the truth in the case, and why does the Enron Task Force want the truth out of the case?” Lay asked.
Frankly, that’s a darn good question. Despite that, Chronicle business columnist Loren Steffy is not impressed with Mr. Lay’s talk (blog post here).
Mr. Steffy’s skeptical reaction to Mr. Lay’s proclamation of innocence is quite common, but misses the difference between being held responsible in civil context as opposed to a criminal one. Few people — probably not even Mr. Lay — would contend that Mr. Lay should not share at least some responsibilty in a civil lawsuit for Enron’s demise. However, absent the state making a clear presentation of an alleged criminal act, the responsibility for Enron’s descent into insolvency should be sorted out among all responsible parties in a civil lawsuit, not a criminal case against a few of the more prominent responsible parties. In that regard, the Enron Task Force’s indictment (download pdf here) and current statement of its criminal case against Mr. Lay and his co-defendants (download pdf here) reveals that the Task Force’s presentation of criminal charges against Mr. Lay is anything but clear. Indeed, a lack of coherence in the presentation of criminal charges against Enron-related defendants has been a recurring problem for the Enron Task Force.
Taking risk is how entreprenuers create jobs for communities and wealth for business owners. Risk takers sometimes make dubious or plain bad decisions, but that’s an essential part of the price that we pay to enjoy the jobs and wealth that are derived from a bustling market economy. Criminalizing merely bad business decisions dampens that essential entreprenurial spirit and will ultimately lead to job loss and dimunition of shareholder wealth. That is simply not a coherent use of our criminal justice system.
Ruling against the Enron retention bonuses
Among the more interesting civil cases that arose out of the Enron Corp. bankruptcy case are the various lawsuits that were filed to recover retention bonuses paid to former key Enron executives.
Retention bonuses are payments made to a company’s key executives immediately before the filing of the company’s bankruptcy for the purpose of retaining those key executives during the company’s bankruptcy case, particularly during the early stages of the case when risk of liquidation is high. The theory behind retention bonuses is that ensuring that key executives continue to work for a debtor-company is a reasonable hedge against the risk of liquidation, which generally results in greater loss of jobs and lesser dividends on creditors’ claims than if the debtor-company is reorganized.
Retention bonuses have always been controversial, primarily because they are made immediately prior to the company going into bankruptcy and, thus, are not subject to Bankruptcy Court approval as they would be if proposed after the company enters bankruptcy. Nevertheless, creditors have traditionally used the avoidance powers in bankruptcy cases — i.e., the power of the Bankruptcy Court to order the return to the debtor’s bankruptcy estate of certain pre-petition payments that prefer certain creditors over others or that constitute fraudulent transfers to third parties — to go after retention bonuses paid to a debtor-company’s former executives. In most cases, the core issue in such lawsuits is whether the debtor-company’s payment to the key executive was a reasonable price to pay for the executive’s services in helping the debtor-company reorganize.
SCOTUS agrees to consider Texas redistricting cases
The Supreme Court on Monday agreed to review the controversial 2003 redrawing of Texas congressional districts that Democratic Party officials claim was unconstitutional because it disenfranchised Democratic voters and was improperly designed primarily to ensure the Republican Party’s control of Congress. In so doing, the high court took on four cases that could have considerable impact on the next year’s House and Senate elections.
The Texas districts were redrawn in 2003 under the direction of former House Majority Leader Tom DeLay, who is currently fighting state criminal charges that were the result largely from the Republicans’ financing of the redistricting initiative. The Texas redistricting that was in effect during 2004 election had a considerable impact, as four incumbent Democratic members of the Texas congressional delegation lost re-election, one switched parties, and one open Democratic seat went Republican. The Texas net gain of six seats was enough to offset other Republican congressional losses, and prevented the Democratic Party from strengthening its minority by three seats. If the Supreme Court strikes down the Texas redistricting plan, then the decision could give the Democrat Party a considerable boost during next year’s elections by giving Democratic candidates a Supreme Court decision on which to base charges of cronyism and abuse of power against the GOP.
ConocoPhillips seals the deal

After word leaked out over the past weekend that ConocoPhillips was in serious discussions to buy the fellow Houston-based Burlington Resources, the companies finalized on Monday an even richer deal than was initially reported.
ConocoPhillips ended up agreeing to increase the purchase price for Burlington from $30 billion to $35.6 billion, which computes to $90.69 per share of Burlington stock. That price is about a 10% premium on the $82.50 price for Burlington stock at the close of the market on Monday and an almost 20% premium on the price of Burlington stock from just this past Friday. ConocoPhillips will pay that amount in cash and stock, giving Burlington shareholders $46.50 in cash and .7214 share of ConocoPhillips common stock, which was equal to $44.19 of ConocoPhillips stock as of Monday’s market close. Current ConocoPhillips shareholders will own 83% of the company upon completion of the merger, which the companies expect to close during the first half of 2006.
ConocoPhillips will finance the acquisition mostly through debt, which has been its modus operandi during an acquistion spree under CEO James Mulva over the past several years. ConocoPhillips’s net debt will increase by about $18 billion to fund the acquisition, although Mr. Mulva noted yesterday that the company projects that net cash flow should retire 50% of that debt over the next three years.
As the market reverberates from the size of ConocoPhillips’ bet on the increasing value of Burlington’s unconventional natural gas assets, the logical question is “who’s next?” Burlington is one of several mid-tier exploration and production companies that have substantial North American gas assets and thus, those other companies could also be potential targets of bigger companies that elect to match ConocoPhillips’ bet of continued high natural gas prices. Among these other companies are EOG Resources Inc., XTO Energy Inc., Southwestern Energy Co., and Ultra Petroleum Corp., and even larger independents such as EnCana Corp., Devon Energy Corp., Pioneer Natural Resources, and The Woodlands-based Anadarko Petroleum Corp. could end up being targets of major E&P companies trying to lock up natural gas assets in a rising market.
Kinky Friedman interview
Michael Schaub posts this interesting interview with Texas author, songwriter (The Ballad of Charles Whitman, They Ainít Makiní Jews Like Jesus Anymore and Get Your Biscuits in the Oven and Your Buns in the Bed), musician and independent gubernatorial candidate Kinky Friedman, which includes the following pearls of wisdom from the self-styled original Texas Jewboy:
Q: Do you think youíd be able to work with the Democrats and the Republicans in the state legislature?
Absolutely. I will charm their pants off. Invite ëem over, weíll have some barbecue, smoke some cigars together, and weíll get this thing rolling. And a lot of things can be done without the legislature, . . . Iíd like to rename four state highways after Waylon Jennings, Willie Nelson, Bob Wills, and Buddy Holly. Not toll roads, by the way.
Q: (State) Senator Jeff Wentworth objected to naming a road after Willie Nelson this year.
Thatís right! (Laughs.) But it was a toll road! Willie said heís worked hard his whole life, and doesnít want a toll road named after him, and that maybe the electric chair would be good.
Q: Who do you think was the last great governor that Texas had?
Great? Probably Sam Houston. Itís been downhill from there. I always like to quote Henry Kissinger, who said that 90 percent of politicians give the other 10 percent a bad name.
Q: Youíve talked about your ìanti-wussificationî campaign for Texas. What does that involve?
Making it okay to say ìMerry Christmas.î Making it okay to smoke where you want to. Bringing back the Ten Commandments. I may have to change their name to the Ten Suggestions. I want to bring them back to the public schools. They were taken out not because of church and state, but because of political correctness. Some atheist came up and said he didnít like the Ten Commandments. We all know what happens when an atheist dies. His tombstone reads ìAll dressed up and no place to go.î By the way, Iíve written my own epitaph, Mike, which is: ìIf you can read this, youíre standing on my head.î Itís a good one, ainít it?
Read the entire interview. If Friedman stays in the race, then the television ratings for the upcoming Texas gubernatorial debates in 2006 may set records. ;^)
ConocoPhillips makes big play for Burlington Resources
ConocoPhillips is negotiating to purchase Burlington Resources Inc. in a huge $30 billion deal in a big bet that natural gas supplies will remain tight and higher prices the norm for the forseeable future. Burlington stock has been a hot item this year, trading at $40.40 a share in January and closing this past Friday at $76.09. ConocoPhillips shares closed Friday at $63.07 a share, giving it a hefty market cap of $87.5 billion. Although negotiations are still ongoing, a deal could be announced by the two Houston-based companies later this week.
Burlington Resources is one of the most successful companies developing natural-gas production from unconventional fields where the gas is embedded in rocky formations that make drilling difficult, expensive and dangerous. Inasmuch as natural gas is a relatively clean-burning fuel that heats a majority of U.S. homes and is widely used in industry, rising prices and improved technology are making unconventional natural gas fields much more attractive to energy companies that are increasingly desperate to increase reserves. About 80% of Burlington’s assets are related to North American natural gas fields.
The impending deal highlights conflicting views in the oil and gas industry as to whether such deals are good buys. On one hand, some traditional voices such as outgoing Exxon Mobil Corp. CEO Lee Raymond take the position that current high energy prices reflect a business cycle and that, as a result, producing and reserve assets are over-priced during such cycles. On the other hand, there is a growing faction in the oil and gas industry that views rising commodity prices as a fundamental shift in the market resulting from growing world-wide demand and slowing growth in supplies. Thus, that view contends that even expensive deals for companies with solid asset portfolios are a good bet, which was the rationale for Chevron Corp.’s $18 billion acquisition of Unocal Corp. earlier this year.
2005 Weekly local football review
Texans kicker Kris Brown made his contribution to the Reggie Bush sweepstakes today as he missed not one, but two, field goals in the closing minutes to ensure that the Texans (1-12) remain in position to have the worst record in the NFL this season and have the first draft choice in the 2006 NFL Draft. This was another particularly ugly game that pitted two bad teams playing in front of a half-filled stadium in Nashville on a cold, gray day. The Texans’ offense amassed a paltry 234 yards, including 82 through the air as Texans QB David Carr was sacked six times and hit or hurried countless other times — the Texans’ pass offense is the worst in the NFL this season and one of the worst in the NFL over the past several seasons. The Texans play Arizona and Jacksonville over the next two weeks at Reliant Stadium before mercifully finishing their abysmal season in San Francisco on New Year’s Day.
In the type of hugely entertaining game that Texans fans thought they were going to be seeing this season, the Cowboys (8-5) survived a wild last 22 seconds in this one to remain a game back of the Giants in the NFC East. After offensive line problems had constricted the Pokes’ offense over the past several games, the Cowboys burst out for 445 yards of total offense as QB Drew Bledsoe threw for three TD’s, including the game winner. Given the Cowboys remaining schedule (at Washington, at Carolina, and St. Louis at home), I’ve got my doubts that they can win all three, but this team is feisty and has played every game close this season. If the Pokes make the playoffs, no team is going to want to play them.
In other local football-related news, Texas Longhorn QB Vince Young, who hails from Houston Madison High School, came in second to Bush in the balloting for the Heisman Trophy. In most years, Young would have been a run-away winner of the award, which is college football’s most prestigious. However, Bush is a once-in-a-decade type of player and his exploits late in season for USC sealed the award for him.
The Chron continues to ignore the real UH story
The Houston Chronicle’s latest story about the University of Houston prompts me to wonder when the local newspaper is ever going to sit up and take notice of the far more important story that impacts Houston’s primary public university in particular and financing of Texas’ public universities in general.
The latest Chronicle story is a slapdash effort that discusses a UH initiative to increase its entry requirements told through the prism of a suburban student’s visit to the UH campus. As is typical of most Houston suburban high school students, UH is a third choice behind the University of Texas and Texas A&M University, and nothing in the visit to the UH campus related in the Chronicle article changed the student’s mind.
However, the Chronicle inexplicably continues to ignore the far more imporant story. Given the relative contributions of UT, A&M and UH to the welfare and economy of the State of Texas, does it really make sense for the University of Houston to have an endowment that is only 4% the size of the University of Texas endowment and only 10% the size of Texas A&M’s? As discussed in this prior post, that is one of the absurd legacies of the obsolescent Permanent University Fund on higher education in Texas, and it is not even mentioned in the Chronicle’s story on UH.
Frankly, rather than dismissing UH as an unattractive choice compared to UT and A&M, a more accurate analysis is that UH is providing far more “bang for the buck” in furnishing a quality educational resource for Houston and Texas at a fraction of the endowed capital of UT and A&M. That the system of funding Texas public universities unfairly deprives UH of the capital that would facilitate a jump to Tier I status is the real story that the Chronicle should be pursuing.
The UT brand
Inasmuch as big-time college football is to the National Football League as triple A minor league baseball is to Major League Baseball, a team’s branding rights can become an important asset. Along those lines, this interesting Austin American-Statesman article reports on the surge in royalty income that the University of Texas is enjoying from its athletic teams’ recent successes:
The Longhorns’ Rose Bowl victory over Michigan in January and the baseball team’s national title in June helped boost University of Texas merchandise royalties 29 percent to $4 million in the last fiscal year, . . . So far this year, [UT] has collected more royalties than any of the 200-plus schools affiliated with the Collegiate Licensing Co., which coordinates licensing for most major universities.
To license its trademarked logos, UT charges 8 percent of a product’s wholesale price. If a $20 Longhorns T-shirt has a wholesale price of $10, UT would get receive 80 cents. It might not sound like much, but consider that retail sales of collegiate merchandise topped $3 billion last year, according to Collegiate Licensing.
Add a football championship to that, and last year’s $4 million could end up looking like a paltry sum.
The article goes on to note that UT’s annual royalties from merchandise sales had fallen to a mere $600,000 as of the end of the John Mackovic era, which suggests that UT’s considerable investment in Mack Brown has been pretty darn savvy, after all.
