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| BPT > SEC Filings for BPT > Form 10-Q on 7-Aug-2009 | All Recent SEC Filings |
7-Aug-2009
Quarterly Report
will replenish the reserve from future quarterly distributions, if any. The
Trustee anticipates that it will keep this cash reserve program in place until
termination of the Trust.
Amounts set aside for the cash reserve are invested by the Trustee in U.S.
government or agency securities secured by the full faith and credit of the
United States. Interest income received by the Trust from the investment of the
reserve fund is added to the distributions received from BP Alaska and paid to
the holders of Units with each quarterly distribution.
As discussed under "CERTAIN TAX CONSIDERATIONS" in Part I, Item 1 of the 2008
Annual Report, amounts received by the Trust as quarterly distributions are
income to the holders of the Units, (as are any earnings on investment of the
cash reserve) and must be reported by the holders of the Units, even if such
amounts are used by the Trustee to repay borrowings or replenish the cash
reserve and are not received by the holders of the Units.
Results of Operations
Relatively modest changes in oil prices significantly affect the Trust's
revenues and results of operations. Crude oil prices are subject to significant
changes in response to fluctuations in the domestic and world supply and demand
and other market conditions as well as the world political situation as it
affects the members of OPEC and other producing countries. The effect of
changing economic conditions on the demand for and supply of energy throughout
the world and future prices of oil cannot be accurately projected.
Under the terms of the Conveyance of the Royalty Interest to the Trust, the Per
Barrel Royalty for any day is the WTI Price for the day less the sum of
(i) Chargeable Costs multiplied by the Cost Adjustment Factor and
(ii) Production Taxes. The narrative under the captions "THE TRUST - Trust
Property" and "THE ROYALTY INTEREST" in the 2008 Annual Report explains the
meanings of the terms "Conveyance," "Royalty Interest," "Per Barrel Royalty,"
"WTI Price, "Chargeable Costs" and "Cost Adjustment Factor" and should be read
in conjunction with this report.
Royalty revenues are generally received on the fifteenth day of the month
following the end of the calendar quarter in which the related Royalty
Production occurred (the "Quarterly Record Date"). The Trustee, to the extent
possible, pays all accrued expenses of the Trust on each Quarterly Record Date
from the royalty payment received. Revenues and Trust expenses presented in the
statement of cash earnings and distributions are recorded on a modified cash
basis and, as a result, royalty revenues and distributions shown in such
statements for the three and six-month periods ended June 30, 2009 and 2008,
respectively, are attributable to BP Alaska's operations during the three and
six-month periods ended March 31, 2009 and 2008, respectively.
The following table summarizes the factors which determined the Per Barrel
Royalties used to calculate the payments received by the Trust in January and
April 2009 and 2008 (see Note 1 of Notes to Financial Statements (Unaudited) in
Part I, Item 1). The information in the table has been furnished by BP Alaska.
Data for Quarter
Is Based Cost Adjusted Average Average
on Data for Average Chargeable Adjustment Chargeable Production Per Barrel
Royalty Payment in Quarter Ended WTI Price Costs Factor Costs Taxes Royalty
Apr. 2009 03/31/2009 $ 43.20 $ 13.25 1.634 $ 21.65 $ 5.43 $ 16.13
Jan. 2009 12/31/2008 $ 58.03 $ 13.00 1.636 $ 21.26 $ 11.42 $ 25.35
Apr. 2008 03/31/2008 $ 97.78 $ 13.00 1.630 $ 21.19 $ 33.58 $ 43.01
Jan. 2008 12/31/2007 $ 90.93 $ 12.75 1.618 $ 20.63 $ 22.29 $ 48.01
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"Royalty Production" for each day in a calendar quarter is 16.4246% of the first
90,000 barrels of the actual average daily net production of oil and condensate
for the quarter from the BP Working Interests. So long as BP Alaska's average
daily net production from the BP Working Interests exceeds 90,000 barrels, the
principal factors affecting the Trust's revenues and distributions to Unit
holders are changes in WTI Prices, scheduled annual increases in Chargeable
Costs, changes in the Consumer Price Index and changes in Production Taxes.
Average daily net production of oil and condensate from the BP Working Interests
has been below 90,000 barrels per day during certain quarterly periods since
2006, due to a BP Alaska program of field wide infrastructure renewal, pipeline
replacement and well mechanical improvements.
BP Alaska estimates Royalty Production from the BP Working Interests for
purposes of calculating quarterly royalty payments to the Trust because complete
actual field production data for the preceding calendar quarter generally is not
available by the Quarterly Record Date. To the extent that average net
production from the BP Working Interests is below 90,000 barrels per day in any
quarter, recalculation by BP Alaska of actual Royalty Production data may result
in revisions of prior Royalty Production estimates. Revisions by BP Alaska of
its Royalty Production calculations cause BP Alaska to adjust its quarterly
royalty payments to the Trust to compensate for overpayments or underpayments of
royalties with respect to prior quarters. Such adjustments, if material, may
adversely affect certain Unit holders who buy or sell Units between the
Quarterly Record Dates for the Quarterly Distributions affected.
The Quarterly Distributions received by the Trust from BP Alaska in January 2009
and 2008, were adjusted by BP Alaska to compensate for underpayment of royalties
due to the Trust with respect to the quarters ended December 31, 2008 and 2007,
respectively. See Note 7 of Notes to Financial Statements (Unaudited) in Item 1.
Because the statements of cash earnings and distributions of the Trust are
prepared on a modified cash basis, royalty revenues for the three-month periods
ended March 31, 2009 and 2008 reflect the amounts of the adjustments with
respect to the earlier fiscal periods.
If certain conditions are satisfied, the Trust will receive a lump sum payment,
consisting of $29,469,081 plus accrued interest, from an escrow account
established in connection with a settlement agreement between BP Alaska and the
Trustee. For additional information, see Note 6 of Notes to Financial Statements
(Unaudited) in Item 1, the Trust's Current Report on Form 8-K dated May 8, 2009
and the Settlement Agreement dated May 8, 2009, which is filed as Exhibit 10.1
to this report. The Trustee is unable to predict whether, or when, the
conditions to the
distribution to the Trust of the escrow funds will be satisfied or waived and
thus no representation is made that the escrow funds will be received and
distributed to Unit holders. If the escrow funds are received by the Trust, the
Trustee intends to add such funds to the next scheduled quarterly royalty
distribution received from BP Alaska and distribute the total amount to holders
of Units on the Quarterly Record Date for such distribution.
Three Months Ended June 30, 2009 Compared to
Three Months Ended June 30, 2008
As explained above, Trust royalty revenues received during the second quarter of
the fiscal year are based on Royalty Production during the first quarter of that
fiscal year. WTI Prices during the first quarter of 2009 recovered from the lows
reached at the end of December 2008, but did not regain the levels that
prevailed during the first quarter of 2008. As a consequence, royalty revenues
received by the Trust in the quarter ended June 30, 2009 decreased approximately
63% from the corresponding quarter of 2008, reflecting a 56% period-to-period
decrease in the Average WTI Price from $97.78 per barrel during the quarter
ended March 31, 2008 to $43.20 per barrel during the quarter ended March 31,
2009, and the average Per Barrel Royalty decreased by 62% across the same
periods. Increases in inflation adjusted Chargeable Costs in the first quarter
of 2009 from those in the first quarter of 2008 failed to offset an 84%
period-to-period decrease in average Production Taxes, which fell from $33.58
per barrel in the quarter ended March 31, 2008 to $5.43 per barrel in the
quarter ended March 31, 2009. Trust administrative expenses decreased 70% in the
quarter ended June 30, 2009 from the corresponding period in 2008, primarily due
to reduced legal activity, and a consequent decline in legal fees and expenses,
related to issues arising from the August 2006 shutdown of the Prudhoe Bay
field.
Six Months Ended June 30, 2009 Compared to
Six Months Ended June 30, 2008
Trust royalty revenues decreased 54% in the six months ended June 30, 2009 from
the corresponding period of 2008, reflecting the cumulative effect of a 46%
decrease in the Average WTI Price during the six-month period ended March 31,
2009 from the six-month period ended March 31, 2008. The average Per Barrel
Royalty payable with respect to the six months ended March 31, 2009 decreased
54% across the same periods. Average Production Taxes chargeable with respect to
the six-month period ended March 31, 2009 decreased 70% from the average
Production Taxes chargeable with respect to the six months ended March 31, 2008,
since the progressivity feature of the Alaska oil and gas production taxes
resulted in lower marginal tax rates during the more recent period. Trust
administrative expenses were 47% lower during the six months ended June 30, 2009
than in the corresponding period in 2008, primarily due to reduced legal
activity, and a consequent decline in legal fees and expenses, related to issues
arising from the August 2006 shutdown of the Prudhoe Bay field.
Item 3. Quantitative and Qualitative Disclosures About Market Risk.
The Trust is a passive entity and except for the Trust's ability to borrow money
as necessary to pay liabilities of the Trust that cannot be paid out of cash on
hand, the Trust is prohibited from engaging in borrowing transactions. The Trust
periodically holds short-term investments acquired with funds held by the Trust
pending distribution to Unit holders and funds held in
reserve for the payment of Trust expenses and liabilities. Because of the
short-term nature of these investments and limitations on the types of
investments which may be held by the Trust, the Trust is not subject to any
material interest rate risk. The Trust does not engage in transactions in
foreign currencies which could expose the Trust or Unit holders to any foreign
currency related market risk or invest in derivative financial instruments. It
has no foreign operations and holds no long-term debt instruments.
Item 4. Controls and Procedures.
Disclosure Controls and Procedures
The Trustee has disclosure controls and procedures (as defined in Rule 13a-15(e)
and Rule 15d-15(e) under the Exchange Act) that are designed to ensure that
information required to be disclosed by the Trust in the reports that it files
or submits under the Securities Exchange Act of 1934, as amended (the "Exchange
Act") is recorded, processed, summarized and reported, within the time periods
specified in the SEC's rules and forms. These controls and procedures include
but are not limited to controls and procedures designed to ensure that
information required to be disclosed by the Trust in the reports that it files
or submits under the Exchange Act is accumulated and communicated to the
responsible trust officers of the Trustee to allow timely decisions regarding
required disclosure.
Under the terms of the Trust Agreement and the Conveyance, BP Alaska has
significant disclosure and reporting obligations to the Trust. BP Alaska is
required to provide the Trust such information concerning the Royalty Interest
as the Trustee may need and to which BP Alaska has access to permit the Trust to
comply with any reporting or disclosure obligations of the Trust pursuant to
applicable law and the requirements of any stock exchange on which the Units are
listed. These reporting obligations include furnishing the Trust a report by
February 28 of each year containing all information of a nature, of a standard
and in a form consistent with the requirements of the SEC respecting the
inclusion of reserve and reserve valuation information in filings under the
Exchange Act and with applicable accounting rules. The report is required to set
forth, among other things, BP Alaska's estimates of future net cash flows from
proved reserves attributable to the Royalty Interest, the discounted present
value of such proved reserves, the assumptions utilized in arriving at the
estimates contained in the report, and the estimate of the quantities of proved
reserves (including reductions of proved reserves as a result of modification of
BP Alaska's estimates of proved reserves from prior years) added during the
preceding year to the total proved reserves allocated to the BP Working
Interests as of December 31, 1987.
In addition, the Conveyance gives the Trust and its independent accountants
certain rights to inspect the books and records of BP Alaska and discuss the
affairs, finances and accounts of BP Alaska relating to the BP Working Interests
with representatives of BP Alaska; it also requires BP Alaska to provide the
Trust with such other information as the Trustee may reasonably request from
time to time and to which BP Alaska has access.
The Trustee's disclosure controls and procedures include ensuring that the Trust
receives the information and reports that BP Alaska is required to furnish to
the Trust on a timely basis, that the appropriate responsible personnel of the
Trustee examine such information and reports, and that information requested
from and provided by BP Alaska is included in the reports that the Trust files
or submits under the Exchange Act.
As of the end of the period covered by this report, the trust officers of the
Trustee responsible for the administration of the Trust conducted an evaluation
of the Trust's disclosure controls and procedures. Their evaluation considered,
among other things, that the Trust Agreement and the Conveyance impose
enforceable legal obligations on BP Alaska, and that BP Alaska has provided the
information required by those agreements and other information requested by the
Trustee from time to time on a timely basis. The officers concluded that the
Trust's disclosure controls and procedures are effective.
Internal Control Over Financial Reporting
There has not been any change in the Trust's internal control over financial
reporting identified in connection with the evaluation required by paragraph
(d) of Rule 13a-15 or Rule 15d-15 under the Exchange Act that occurred during
the Trust's last fiscal quarter that has materially affected, or is reasonably
likely to materially affect, the Trust's internal control over financial
reporting.
Item 4T. Controls and Procedures.
Not applicable.
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