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It looks like our overpaid Congressfolk are at it again - flexing and preening for the American public. This time, the House has approved a law that would allow us to sue OPEC for high oil prices. They'll debate and pontificate about limiting frivolous lawsuits and excessive malpractice awards but then turn around and pass a law like this? It makes me pine for the glorious days of the Truman-era "Do-Nothing Congress". Good times.

Before getting to the new OPEC law, let's look in at yesterday's Senate Judiciary hearing which is questioning oil executives about the rise in oil prices. Here's my favorite quote so far, and it comes from Senator Patrick Leahy, D-VT: "Normal supply and demand says prices should be around $55 to $60 a barrel."

Where does he come up with that? This guy must be pretty flexible to reach around and pull those numbers out of his ... assistant. Seriously, Mr. Leahy is incredibly arrogant to think that he knows what the "real" price of oil should be and to think that the market has it so incredibly wrong. I'm sure he also knows the "real" price of health care, ethanol, interest rates, rice, wheat, housing bailouts, etc. Ah, to be blessed with the intelligence of Mr. Leahy!

Back to this whole suing OPEC farce. This is a joke on many different levels. Let's start with the fact that one of the biggest gasoline bottlenecks we face comes from a lack of refinery capacity, and Congress certainly isn't doing anything to address that. Even if OPEC could immediately double its production, it would be irrelevant since there isn't enough global refining capacity to turn it into gasoline. Similarly, if my income suddenly doubled, it wouldn't be relevant since my wife couldn't spend it fast ... bad example.

Second, if anyone thinks that OPEC isn't pumping pretty much full-out at these oil prices, they're probably crazy enough to be running for office. When I say "full-out", I'm talking about maximum rates without damaging the oil fields, but I wouldn't be surprised if some countries were producing above such levels. Furthermore, it wasn't that long ago when OPEC was faced with $10/barrel oil. We certainly weren't rushing to subsidize them at those levels or accusing them of overproducing.

I won't get into the details of Peak Oil in this article, but there has only been one truly major oil discovery (offshore Brazil) since the mid-1970s. This includes OPEC countries where we think the oil just bubbles out of the ground. They've been picked over. The easy oil has been discovered. There is plenty of other oil still out there, but it's expensive to find and develop. It's buried deep below the ocean, in oil shale deposits, in tar sand deposits, and in hostile regions like the Arctic. It will take a high oil price to make this exploration and development economically viable, so trying to constrain oil prices isn't going to be encouraging the development of additional supply.

Then there are those (presumably including the members of the House who voted for this bill) who believe that oil prices at these levels are based largely on speculation by Wall Street types. I imagine this is a minor factor, but you can blame the Fed for this being a factor at all. Given the debasement of the dollar, who can blame anyone for preferring to own real hard assets (like oil) instead of dollars? Also, if these prices are being driven largely by speculators, why has the price of oil continued to make new highs in the days following the announcement that the government would stop adding to our Strategic Petroleum Reserves? The price is hitting new highs because there is no longer a supply cushion, and developing countries like China and India have a voracious appetite for oil.

Next, we have the Europeans who are paying between $6-7 a gallon for their gasoline. We don't hear them whining. I imagine their legislators are spending their time on less economically destructive endeavors like watching Dr. Who, going on fox hunts, and rioting at soccer matches.

I also have a bit of a logic issue with this new law. If you've been bitten by a snake and you're not happy about that, why would you turn around and poke the snake with a stick? If we really do think that OPEC has idle production capacity, why are we antagonizing them? Shouldn't we be making nice? We're not really in a position of power. Are we going to threaten to stop buying their oil? Stop laughing -- that was rhetorical. I think we're all familiar with the quote, "You attract more flies with honey than by poking them with a stick."

Here's the point that I believe is most interesting. If you were to ask every one of our congresspeople if they are pro-environment, every one would say yes. Most are also concerned with global warming and actively want to address it. Many also want to spend our tax dollars on helping to develop alternative energy sources. If they are really so concerned with the environment and the energy crisis, then why in the world would they want to do anything to limit the price of oil and gas? The single biggest driver of the development of alternative energy sources is higher oil and gas prices. For example, high oil and gas prices are making solar and wind power more economically viable. No one knows what the leading energy sources will be in 50 years, but with oil and gas prices as high as they are, the incentive is there for private industry to solve this problem. We don't need folks like Mr. Leahy spending our tax dollars as they see best, and we definitely don't need to be suing OPEC.

As for strategy, I've been bullish on energy for quite a while and remain so. Having said that, I continue to lighten on price spikes and rebalance as necessary. I continue to like a number of names, including Petrobras (PBR), Ensco (ESV) and National-Oilwell Varco (NOV).

Briefly, Petrobras was added following their discovery of the huge offshore Tupi field. The cost of developing their deep offshore finds will be tremendous, but PBR has a very good chance of becoming one of the leading oil producers in time as production ramps significantly over the coming decade, and there is, of course, hope of future large discoveries.

As for Ensco, they are one of the largest offshore drilling contractors. They have one of the lowest fleet ages, a growing deep water capability, and one of the most attractive valuations in the space. With talk of Petrobras trying to lock up as many deep-water rigs as possible, the future looks bright for ESV and its peers.

National Oilwell Varco has its hands in every aspect of the design, construction, and service of most of the systems and components used in oil and gas drilling and production. This includes the construction of rigs which is likely to benefit from increased drilling, particularly offshore.

As much as I like the fundamentals of these firms, I am not adding to them at these levels, given the recent run in oil and oil-related stocks. Sentiment has turned very bullish for this entire space over the past couple of months, and the space is due for some consolidation. Should the oil complex continue to move up near term, I would anticipate taking some profits or initiating a short-term hedge. I have, however, recently added a new position in Petrochina (PTR) at levels not too far below the current price and would look to add further on pullbacks.

As for our government, it they want to sue someone over price gouging, maybe they should go after Starbucks (SBUX). The price of my Venti mocha works out to about $1,075 per gallon. Keep that in mind the next time you're filling up your tank.

Disclosure: Author is long PBR, ESV, NOV, and PTR and short Senator Leahy.

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This article has 8 comments:

  •  
    Why is refining capacity currently fluctuating between 84-88%, while last year at this time it was at 93% utilization? Why are the refineries margins slipping so much?
    2008 May 22 06:12 AM | Link | Reply
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    We're short on sour crude refiners and have plenty of sweet crude refining capacity. Congress should look into subsidizing the conversion of the sweet crude refiners to sour crude. That's the bottle neck and refiners don't have the capital available to make the upgrade to sour crude. Sweet crude refiners are hurting! They've been in a dot com like bear market.
    2008 May 22 11:41 AM | Link | Reply
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    Crack spreads are low and capacity utilization is low so we probably have enough current refining capacity. We are actually getting gasoline imports from Europe. They use a higher percentage of diesel and ship us their excess gasoline. This also causes diesel prices here to be higher.

    The problem here is political. There are a lot of countries that for various reasons are not developing their oil resources. Saudi Arabia is looking longer term. Countries like Iran, Venezuela, Nigeria, Russia are all using their oil revenue to fund immediate economic needs without making investments that will pay off far in the future (greater than a few years.) Some countries like Mexico and Russia have nationalistic policies that prevent foreign investment in their oil industry. I posted an article on my web site talking about Mexico. They could run out of oil in 10 years. Pemex doesn't have the resources to develop new reserves. They get 40% of their national budget funded with oil. They will be hurt severely if they don't invest in new development. And the liberal congress in Mexico refuses to change their laws and even hold rallies to denounce the politicians who would 'exploit' and 'steal' their resources. Unfortunately, it also sounds a lot like our congress.

    Many OPEC countries are experiencing or expecting decreases in future production. Nigeria just announced they expect their production to keep falling. There are not many countries that are increasing production.
    2008 May 22 01:58 PM | Link | Reply
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    Unless I'm missing something, the folks at your Starbucks store are REALLY ripping you off. There are 128 ounces in a gallon. So $1,075 divided by 128 works out to $8.40 per ounce for your Venti mocha! That's $67.18 for your eight ounce cup of coffee!! Please tell me where that Starbucks store is. Certainly won't waste my precious gasoline driving to that one!
    2008 May 23 01:51 PM | Link | Reply
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    Starbucks is an option. You have the choice to buy Starbucks or not. Your daily routine does not depend on starbucks coffee. However, oil is not an option. Its a necessity. How bout you keep that in mind when buying your starbucks coffee?
    2008 May 27 05:53 PM | Link | Reply
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    Great article and so true. The stupid people we have in Congress, that is both House and Senate, don't have a clue. Their beholden to the tree huggers and also their investments in all the so called alternative energy sources they support with our tax dollars. Just check out the global warming GURU-(Al Gore) and see how is making his millions as a slick investor. Polution control is worthy and neccessary, but Global Warming is the greatest hoax fed to the
    believing stupid masses thru trick photography and scare tactics.
    2008 Jun 02 10:29 PM | Link | Reply
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    I disagree. I watched the C-SPAN broadcast a couple of days ago. During the broadcast, a Congressional panel listened to a panel of experts, including George Soros, about suggestions on how to reduce the price of oil. Soros and the other experts suggested that eliminating speculators from being able to participate in the oil futures market (in other words, permitting only those people in the petrol industry from accessing the markets) would eliminate a great deal of buying from investment banks such as Goldman Sachs, and hedge funds, and this would eliminate much of the "speculative froth" as Soros called it, from that market, decreasing the price of crude.

    Some of the experts quoted the $55-60 per barrel figure from oil industry executives from Sunoco and Exxon Mobil. The $55 figure represents the high end of a range that estimates the cost of getting the crude out of the ground into commercially salable form WITHOUT the surcharge imposed by (1) the OPEC cartel and (2) "speculative froth."

    Congress in my opinion seems more responsive than the other branches of government, especially the executive, in taking the initiative to do something to reduce oil prices. Don't bash Congress, bash Bush.
    2008 Jun 05 12:45 PM | Link | Reply
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    Shaggie! Nice catch. That was a typo. That's $1075 per gallon for my Starbucks. If it were $1075 per gallon, I'd be too busy running my coffee store to write!
    2008 Jun 06 03:10 PM | Link | Reply