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Energy Update Changing Gas Dynamics, its impact on the Economy and on Gas Distribution Utilities 2013 Dr. Jim Duncan Chief Analyst ConocoPhillips June, 2013 <On the boats and on the planes…They're coming to America…Never looking back again…They're coming to America>

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Page 1: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Energy Update

Changing Gas Dynamics, its impact on the Economy and on Gas Distribution

Utilities

2013

Dr. Jim Duncan Chief Analyst

ConocoPhillips

June, 2013

<On the boats and on the planes…They're coming to America…Never looking back again…They're coming to America>

Page 2: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Cautionary Statement

2

The following presentation includes forward-looking statements. These statements relate to future events, such as anticipated revenues, earnings, business strategies, competitive position or other aspects of our operations or operating results. Actual outcomes and results may differ materially from what is expressed or forecast in such forward-looking statements. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict such as oil and gas prices; refining and marketing margins; operational hazards and drilling risks; potential failure to achieve, and potential delays in achieving expected reserves or production levels from existing and future oil and gas development projects; unsuccessful exploratory activities; unexpected cost increases or technical difficulties in constructing, maintaining or modifying company facilities; international monetary conditions and exchange controls; potential liability for remedial actions under existing or future environmental regulations or from pending or future litigation; limited access to capital or significantly higher cost of capital related to illiquidity or uncertainty in the domestic or international financial markets; general domestic and international economic and political conditions, as well as changes in tax, environmental and other laws applicable to ConocoPhillips’ business and other economic, business, competitive and/or regulatory factors affecting ConocoPhillips ’ business generally as set forth in ConocoPhillips’ filings with the Securities and Exchange Commission (SEC).

Use of non-GAAP financial information - This presentation includes non-GAAP financial measures, which are included to help facilitate comparison of company operating performance across periods and with peer companies. A reconciliation of these non-GAAP measures to the nearest corresponding GAAP measure is included in the appendix.

Cautionary Note to U.S. Investors – The SEC permits oil and gas companies, in their filings with the SEC, to disclose only proved, probable and possible reserves. We use the term "resource" in this presentation that the SEC’s guidelines prohibit us from including in filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the SEC. Copies are available from the SEC and from the ConocoPhillips website.

Page 3: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 4: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 5: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Presentation Outline

• Supply

– Rig Count

– Withdrawal Season Verification

– Imports…Including LNG

– Effect of Hurricanes on Energy Industry • Crude and Natural Gas Inventories

• Prices and the Economics of Energy • WHAT DO I DO?

• DEMAND

Page 6: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Global Natural Gas Prices

Page 7: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 8: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

8

Industry Conventional Wisdom Circa 2000 and 2013

Year 2000

The U.S. is running out of natural gas

U.S. oil prod. peaked in 1970, has fallen ever since, and will continue to do so

World peak oil is just around the corner

Year 2013

The U.S. has > 100 year supply of natural gas

U.S. oil production is growing rapidly, with no end in sight

World peak oil is not an urgent concern

The U.S. & Global Energy Outlook has Changed Immensely

Page 9: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

NYMEX Natgas Weekly Chart

First Cold

Winter

First Real Supply

Glut

First Big Deliverability

Shock…And A Very Cold

Winter

Supply and Drilling

Response To High

Prices…LNG Talk

Series of Geophysical

Shocks – Hurricanes &

Cold Winters

…and Economic

Instability

Finally…Shift Change In

Supply/Demand Dynamics Due To

Shale Gas Development

Source: NYMEX/CQG

Page 10: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

10

Drivers Behind the Unconventional Reservoirs Revolution

A New Paradigm New Tools and Methods

Mature, organic-

rich source rocks

Traditional Target

Cartoon cross-section showing elements of a petroleum system

New

Target

Page 11: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

11

U.S Total Gas Production (bcfpd)

Natural Gas Production from Shale Reservoirs

Source for Production Data: U.S. Department of Energy, EIA

Barnett

Fayetteville

Woodford

Haynesville

Marcellus

Oil

Gas

High yield gas/volatile oil

Horn River

Montney

Marcellus

Eagle Ford

Barnett

Liard Basin

Fayetteville

Haynesville

Anadarko – Woodford

Super-Giant Shale Gas Plays

0

10

20

30

40

50

60

70

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

0

10

20

30

40

50

60

70

Conventional Reservoirs

Tight Gas

CBM

Shale Gas

Shale Gas Revolution

Page 12: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

12

U.S. Oil Production Growth: Driven by the "Big Three" Shale Oil Plays

From 6.5 million bpd in 2008 to 8.8 million bpd in November 2012

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

19

60

19

70

19

80

19

90

20

00

20

10

20

20

20

30

History Prediction

U.S. Oil Production (thousands of barrels per day)

1970: U.S. Peak Oil

Sources: Historical U.S. production data from BP statistical review of world energy 2012 and U.S. EIA; oil production numbers

include condensate and NGLs; Production prediction from PIRA Energy; EUR numbers from government & industry reports

Eagle Ford

22-30 BBOE

Permian Basin

10-30 BBOE

Bakken

4-24 BBOE

= Oil Wells= Oil Wells = Gas Wells= Gas Wells = Cond. Wells= Cond. Wells = Dry Holes= Dry Holes

Page 13: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

13

Big position in big three liquid rich plays (Eagle Ford, Bakken and Permian Basin)

Also have acreage in the Barnett, Canol Niobrara, Duvernay and other plays

Over 3 billion BOE of resources

Over 21 million acres in U.S. and Canada

Continuing to acquire leases in North America

Oil

Gas

High yield gas/volatile oil

Horn River

Montney

Bakken

Permian

Eagle Ford

Barnett

Niobrara

Duvernay

Canol

San Juan

ConocoPhillips North American Unconventional Plays

ConocoPhillips is an industry leader in unconventional reservoirs

Page 14: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

14

ConocoPhillips Eagle Ford Acreage Position

228,000 net acres in liquids-rich portion of the play (77% liquids)

Acreage position secured at low cost prior to industry land rush

1.8 BBOE net resources

Have drilled > 400 wells since 2009

$2.5 billion of investment in 2012

ConocoPhillips Acreage

Page 15: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

15

13 14 14

1616 16

1718 18

19 19 19

22

24

25

0

4

8

12

16

20

24

28

ConocoPhillips Eagle Ford Excellence

Spud to rig release data source: IHS Enerdeq Data represents activity from Jan 2011 – Nov 2012

Industry leading results driven by acreage quality and drilling & completion performance

Eagle Ford Competitors

Co

no

coP

hill

ips

ConocoPhillips Eagle Ford Production

0

20

40

60

80

100

120

140

2011 2012 2013 2014

Th

ou

sa

nd

BO

E p

er

da

y

Spud to Rig Release – Days per 10,000 Feet

Page 16: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

16

Environmental Benefits of Natural Gas Utilization

Clean-burning (low or no SO2, NOX, PM, VOC)

About half the CO2 emissions of coal-fired power generation

Small water usage footprint

No solid waste

Enables wind & solar power

Enables low CO2 electrification of transportation

Potential transportation fuel

Power Source Pounds of CO2 per

MWh of Power

Biomass 2,988

Coal 2,249

Oil 1,672

Natural Gas 1,135

Source for “Pounds of CO2…” data: California State Polytechnic University Water Intensity Data Source: U.S. Department of Energy, “Energy Demands on Water Resources”, December 2006 * Assumes closed loop cooling tower; **Other use includes water for other process uses such as emissions treatment, facilities.

0

100

200

300

400

500

600

700

800

900

Natural Gas Coal Nuclear Solar

Trough

Steam Cycle*Other Use**Fuel Production

Water Utilization

(Gal

lon

s p

er M

WH

)

Page 17: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 18: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

(0.37)

(0.18)

(0.58)

(1.14)

U.S. Natural Gas Supply

53

55

57

59

61

63

65

67

69

71

73

75

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Bc

f/d

2008

2009

2010

2011

2012

2013

Total U.S. Supply

2013 YTD. vs. 2012

LNG Canadian Imports Production Supply

Source: Bentek

Page 19: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

U.S. Natural Gas Supply

Total U.S. Supply

2012 YTD vs. 2011

LNG Canadian Imports

Production Supply

Source: Bentek. 2012 YTD values are through 7/31/2012

Page 20: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

20

Supply Components

Page 21: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 22: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Flows Impacted by Shale Supplies

Canada Demand

Mexico Demand SE

Demand

West Demand

Marcellus Production

ArkLaTex Production

West Production

WCSB Production

LNG

Increasing Flow

Decreasing Flow

0.7 / 11% Change from 2010-2015 (Bcfd) / % Change from 2010

NE Demand

LNG

LNG

GOM (1.3) / (22%)

(0.6) / (33%)

(0.2) / 3.8%

(0.8) / 57%

1.2 / 100%

0.6 / 28%

0.3 / 100%

0.3 / 100%

(0.7) / (26%)

0.2 / 6%

22 Source: COP Analysis

Page 23: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Rockies Express allows Rockies gas to flow to NE

Canadian gas is pushed back into California

Source: Ventyx, Wood Mackenzie, and Internal Estimates

Macro Flow Changes

Page 24: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Crude Oil Domestic Production Highest Since 1992

Page 25: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Total Rig Count Signals

Page 26: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 27: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 28: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 29: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 30: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

North American Shale Deposits

30

Page 31: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 32: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 33: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 34: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 35: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

(0.92)

0.38

5.28

4.75

U.S. Demand

40

50

60

70

80

90

100

110

120

130

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Bc

f/d

2008

2009

2010

2011

2012

2013

Total U.S. Demand

Power Gen.

Industrial

Source: Bentek

ResComm Total Demand

2013 vs. Jan. 2012

Page 36: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Power Generation

10,000

15,000

20,000

25,000

30,000

35,000

40,000

20 25 30 35 40 45 50 55 60 65 70 75 80 85 90

2011 2012 2013 Prev. 30 Days Prev. 3 Days Storage Week 1/18

Week ending Jan 18th observed ~4bcf/d of switching over 2011

22

18

0.0

1.0

2.0

3.0

4.0

5.0

6.0

7.0

8.0

9.0

10.0

1/1 1/15 1/29 2/12 2/26 3/11 3/25 4/8 4/22 5/6 5/20 6/3 6/17 7/1 7/15 7/29 8/12 8/26 9/9 9/23 10/7 10/21 11/4 11/18 12/2 12/16 12/30

2012 2013

Q1 2012 Avg JV 12 Avg

Q4 2012 Avg

Q1 12 = 4.6bcf/d JV 12 = 4.3bcf/d

Q4 12 = 3bcf/d

Baseline draw of -140bcf to est -176bcf = 5bcf/d under supplied (~4bcf/d = Switching & ~1bcf/d of freeze-offs)

Started the week at $3.33, ended week at $3.56

Generation showing signs of a pull-back

Page 37: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 38: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 39: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 40: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 41: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Potential Drivers of Future Demand

Power Generation Regulations 2013 to 2015 5 to 15 (MATS, etc.)

LNG Exports 2015+ 1 to 3

Ethylene Plants 2013 to 2017 0.3 to 1

Other Industrial Growth 2013+ 0.3 to 1 (Fertilizer)

Long-Haul Transportation 2013 to 2015 0.12 to 0.36

(50,000 trucks per year)

Other Vehicles 2014+ 0.06 to 0.18

(50,000 cars per year)

Timing Impact, Bcfd

Total +7 to +20

Source: EIA

Page 42: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

LNG Exports in Play ??

42

Location Company Timing Bcfd

Sabine, LA BG / Cheniere 2015 2.6

Freeport, TX Freeport LNG 2015 1.8

Corpus Christi, TX Cheniere ? 1.8

Lake Charles, LA BG /Southern Union ? 2.0

Cove Point, MD Dominion ? 1.0

Coos Bay, OR Jordan Cove Energy Project

? 1.2

Hackberry, LA Sempra ? 1.7

Total 12.1

Source: FERC as of January 10, 2012

Red = Proposed to FERC Grey = Potential site identified by project sponsor

Page 43: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Summary Of Demand Changes

The shale gas revolution is firing up an old-fashioned American industrial revival, breathing life into businesses such as petrochemicals and glass, steel and toys.

Methanex Corp., which closed its last U.S. chemical plant in 1999, is spending more than half a billion dollars to dismantle a methanol plant in Chile and move it to Louisiana.

Nearby, a petrochemical company, Williams, is spending $400 million to expand an ethylene plant.

CF Industries just unveiled a $2.1 billion expansion of its nitrogen fertilizer manufacturing complex, aiming to displace imports that now make up half of U.S. nitrogen fertilizer sales.

Orascom has announced the construction of a large fertilizer plant in Burlington, IA (80,000/day)…rumors of another one new one being built in NW Iowa.

Page 44: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
Page 45: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Natural Gas Prompt Month Price

Source: NYMEX, DTN

Page 46: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

WTI Crude Prompt Price

Source: NYMEX, DTN

Page 47: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

WTI Crude Prompt Price

Source: NYMEX, DTN

Page 48: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the
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Winter 2012-2013

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May

Page 51: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Shades Of Summer To Come?

Page 52: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

May Storage Dynamics

March & April

combined for an

additional draw

of 400 Bcf vs. LY

& 5YR March is

self explanatory

In April, weather

made up 1 for 1

what we lost in

EG due to

higher price

Apr 12 was

smallest build in

12 years (+116

Bcf)

Apr 13 was on

the same pace

(+120 Bcf)

Page 53: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Things To Watch In 2013

Following major processing investment, Utica production is set to grow rapidly But broader supply questions remain, particularly around future growth in

liquids-rich plays like Utica: How supportive onshore liquids netbacks are of both oil and NGL drilling And although gas prices are likely to rise in 2013, we see two key questions

affecting the pace and extent of gas supply growth in response to these higher prices:

How gas drilling and coal production interact as gas prices rise Whether end-user/upstream joint ventures will emerge as a major source of E&P

funding On the demand side, though, the new direction looks clear: growth will shift to

new sectors and be increasingly driven by policy. Key themes to watch include: Whether housing-market recovery pushes power load growth back toward more

normal levels Feasibility studies and final investment decisions for major industrial projects The Department of Energy’s criteria and pace of LNG export licensing approval How opposition to the Mercury & Air Toxics Standards plays out, possibly

including federal courts Do we see the re-emergence of carbon regulation? Pipeline de-contracting and progress on new directional flow shifts

Page 54: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Q&A

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Restricted Confidential – Business

Information

ConocoPhillips Profile

56

Largest independent E&P company in the U.S.

About 17,000 employees worldwide

Operating in nearly 30 countries

HQ in Houston, TX

About 4.5 Bcf/d of natural gas producing worldwide

Assets of over $115 billion

Credit Ratings:

• S&P = A

• Moody’s = A1

Page 57: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Restricted Confidential – Business

Information

ConocoPhillips Gas Production

57

Page 58: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Restricted Confidential – Business

Information

ConocoPhillips

58

TEMAX

LOBO

Page 59: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Restricted Confidential – Business

Information

Eagle Ford Shale Play

ConocoPhillips holds about 223,000 net acres

16 rigs currently in operation

Net Production 50 MBOED

Drilling depths from 4,000 to 14,000 feet

Oil rich zones as well as dry gas

Sub $4/Mcf breakeven cost per well

Unique opportunities involving Lobo Pipeline

59 ConocoPhillips 2012 Spring Fact Book

Page 60: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Restricted Confidential – Business

Information

Products Offered

Product

Full Requirements Service (Commodity, transport, balancing)

Baseload Service

Asset Management (Storage, transport, supply contracts)

Pricing Triggers (Fixed, Basis)

Swaps (NYMEX, Basis)

Index Options (IFERC, GDD)

NYMEX Look-alike Options

• can be embedded in physical transactions

60

Page 61: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Restricted Confidential – Business

Information

East Footprint Supply (MMCFD)

Anadarko 73

Panhandle 71

Bakken 34

Transportation Alliance

ANR

Iroquois

NGPL

Northern Border

Panhandle Eastern

TETCO

TGP

Transco

REX

Marketed Volumes 2.1 Bcf/d

Panhandle

Anadarko

Bakken

Page 62: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

Restricted Confidential – Business

Information

ConocoPhillips Commercial Group

East

East

Gulf Coast

West East

Gulf Coast

West

Page 63: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

What is Dodd Frank?

▪ 2008 Credit Default Swaps Bailout Triggered

Financial Reform – Signed July 21, 2010

(2,300+pgs)

▪ Provides Comprehensive Authority to the CFTC and

SEC to Regulate Swap’s Trading

▪ Regulations specific to external, financial swaps.

▪ Physical activity is excluded (mostly)

▪ Now Every Market Participant Transacting in Swaps

(Regardless of How They’re Being Used) will be

affected:

• To focus their efforts they are segregating the

market into dealers and non-dealers to identify

which entities should be regulated

Page 64: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

64

Objectives of Dodd Frank ▪ Reduce risk to the financial system by imposing

mandatory clearing and increased margin and capital

requirements

▪ Promote efficiency and transparency through real-time

reporting and regulating execution platforms

▪ Further prevent market manipulation, fraud, and other

market abuses through expanded oversight and federal

position limits

▪ Expand protection and fiduciary know your customer

“KYC” responsibilities to less sophisticated

counterparties by establishing strict conduct standards

and those designated as special entities

Page 65: Energy Update - flgas.com · filings with the SEC. U.S. investors are urged to consider closely the oil and gas disclosures in our Form 10-K and other reports and filings with the

65

Critical Definitions ▪ Swap – includes exchange-traded swaps, bilateral

swaps (like those done under ISDA agreements) and

puts, calls, caps, floors, collars or other options that are

based on the value of interest rates, commodities,

currencies, securities, etc., but does not include

transactions intended to go to physical delivery-

MOSTLY

▪ Swap Dealer – regularly enters into bilateral swaps for

purposes other than hedging, in particular entering into

swaps as a regular business activity

▪ Major Swap Participant – holds a substantial position in

swaps other than positions used for hedging

▪ End-User – not a Swap Dealer or MSP, only uses swap

to hedge.

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Swap Dealer (de minimis)

▪ Activity based measure focused on absolute notional

value of Dealing activity

▪ Excludes:

Physically Settled Contracts (Forwards)

Futures (including ClearPort and now ICE)

Inter-affiliate Swaps

Risk Reducing Swap’s Intended to hedge inherent

commercial risk (purpose Vs effect)

Proprietary Trading as defined by Dodd Frank not

existing tax law

▪ Compare with $3 billion; transition value $8 billion

▪ Compare subset where counterparty is a Special Entity with $25 million (recent non action temporarily expands to $800MM)

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Chief Compliance Officer Designation

Attestations of Compliance

Criminal Ramifications

Increased Business Conduct Standards

Know Your Customer (KYC) Fiduciary Responsibilities

Required Communications Recording and Surveillance (Voice,

email, & IM)

Physical & financial trade re-construction (contemporaneous

decision level analysis)

Expanded Risk Management Governance/Practices

Mandatory Clearing and Large Trader Reporting

▪ Requirement to Collect and Segregate Margin from certain

Counterparties

Significant Requirements of Being a Swap Dealer

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Major Swap Participant ▪ Potential credit exposure measure focused on significant

concentrations

▪ Not already a swap dealer

▪ Multi prong test primarily based on credit exposure – what we owe (or

might owe) others:

Substantial uncollateralized position by swap category type excluding hedges

average daily out of the money positions < $1Billion

Average daily out of the money positions + potential future exposure < $2Billion

Substantial uncollateralized counterparty exposure across all categories including hedges

Average daily out of the money positions < $5Billion

Average daily out of the money positions + potential future exposure < $8Billion

Highly leveraged financial entity

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Entity Definition Comparison Rules That Apply to All Entity Classifications:

Position Limits

Exchange Rules

Reporting

Record Keeping

Anti-Manipulation

Swap Dealer/MSP:

Capital & Margin

Risk Management Program (Inclusive)

Conduct Standards

Communications Recording

Large Trader Reporting

Mandatory Clearing

Business Continuity Plan – 1 Business Day & Tested Annually

Designation of Chief Compliance Officer

Requirement to Collect margin From End Users (can be satisfied by non-cash

collateral) 6

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Guidance on “Hedging” (For Swap Dealer Definition. Still being reviewed with many

lawyers.) ▪ For the purpose of hedging

▪ Economically appropriate for reduction of risk {from

specified sources}

▪ Substitute for transactions in the physical marketing

channel

▪ Entered into in accordance with sound commercial

practices; and

▪ Not in connection with activity structured to evade

designation as a “swap dealer.”

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Guidance on Trading vs. Dealing (For Swap Dealer Definition. Still being reviewed with many

lawyers.) ▪ Physicals and futures are out of scope, and hedges are excluded by

rule. Transactions that properly qualify as hedges under the SD rule can be

excluded from this analysis.

ClearPort deals are currently futures, but that may change by the time this rule goes into effect. Therefore my proposal would treat futures and swaps similarly at least preliminarily.

▪ Dealing includes: Market-making

Being paid for providing liquidity, such as Financial sleeves

Back-to-back financials

Establishing a “customer” relationship

Providing advice on the transaction

▪ Trading includes: Transactions where our compensation derives from the future movements

in the value of the transaction – that is, the pursuit of profit from bearing price risk.

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Trade Options ▪ The CFTC has established a “trade option” exemption for physical

commodity options The exemption provides relief from many rules otherwise applicable to

swaps, subject to certain regulatory conditions. Also, trade options do not count into an entity’s Swap Dealer or MSP calculations.

▪ To be eligible for the trade option exemption The Seller of the Option must either:

(a) be an ECP; or

(b) a producer, processor, or commercial user of, or merchant handling the commodity that is the subject of the commodity option, or the products or by-products thereof, and such seller is entering into the commodity option solely for purposes related to its business as such.

The Buyer of the Option must be producer, processor, or commercial user of, or merchant handling the commodity that is the subject of the commodity option, or the products or by-products thereof, and such buyer is entering into the commodity option solely for purposes related to its business as such.

▪ In addition…the intention of the option must be to settle physically.

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Reporting Requirements ▪ Swap Dealer to End User - Swap Dealers required to report

▪ Major Swap Participant to End User – MSP required to report

▪ End User to End User – one of the End Users are required to report

• COP is currently has a plan to include the development of a

process to report

▪ Swaps need to be reported

▪ Futures do not need to be reported because they are already

reported through the exchange platforms.

▪ Forwards do not need to be report unless they fall under Trade

Options

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Recordkeeping ▪ Phased-in compliance dates

▪ The CFTC may require the retention of a universe of records that is wider than what end-users currently retain

▪ Non-SDs/MSPs are required to: “keep full, complete, and systematic records, including all pertinent data and memoranda, with respect to each swap in which they are a counterparty”

▪ Language is almost identical to the standard imposed on FCMs and other CFTC registrants

▪ Data retention

• Life of swap, plus 5 years

• Record retrieval - 5 business days

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Back-up

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▪ An Eligible Contract Participant (“ECP”) is a counterparty that is

permitted by the Commodity Exchange Act to engage in swap

transactions off of CFTC regulated exchanges.

▪ It is illegal to execute off exchange swaps with non ECP’s

▪ ECPs include:

Financial institutions (banking organizations);

Corporations, partnerships and organizations with more that $10MM of

total assets;

Governmental entities with significant discretionary investment and

more that $50MM assets; and

Individuals with significant discretionary investments with more than

$1MM of assets.

▪ Women & Minority Business Enterprises (WMBEs) may not qualify

as an ECP and require careful attention

COP currently has approximately 12 such counterparties

The trade option exemption is required in order to transact with WMBE’s

Eligible Contract Participant (“ECP”)

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Federal Position Limits ▪ Final rule for the implementation of Federal Position Limits on futures and

swaps was approved on November 18, 2011

▪ On September 28, 2012 the US District Court overturned the rule and sent it

back to the CFTC for revision

▪ Phase one (October 12, 2012) implemented spot month only limits

Spot month starts 3 days before contract expiration and runs through the delivery

month

Natural gas spot month includes 5 days of Bid week plus the delivery month

Contracts directly or indirectly linked, including being partially for fully settled on, or

priced at a fixed differential to, the price of a Core Referenced Futures Contract

Contracts directly or indirectly linked, including being partially or fully settled on, or

priced at a fixed differential to, the price of the same commodity underlying a Core

Referenced Futures contract

Inter-commodity spread with one leg that is a Referenced Contract

Includes all OTC financials which must be converted into futures equivalents

Physical delivery and cash settled contracts are calculated separately (no netting)

▪ Non spot (any and all) month limits originally anticipated in 2nd qtr 2013

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Position Limits Core Referenced Futures Contract No. of Contracts

NYMEX Light Sweet Crude Oil 3,000

NYMEX Henry Hub Natural Gas 1,000

- Cash-settled contracts 5,000

- Aggregate of cash-settled and physically settled contracts

5,000

NYMEX NY Harbor Gasoline Blend 1,000

NYMEX NY Heating Oil 1,000

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Includes:

Contracts directly or indirectly linked, including being partially or fully settled on, or priced at a fixed differential to, the price of a Core Referenced Futures Contract

Contracts directly or indirectly linked, including being partially or fully settled on, or priced at a fixed differential to, the price of the same commodity underlying a Core Referenced Futures Contract for deliver at the same location(s) as referenced in the Core Referenced Futures Contracts

Inter-commodity spread with one leg that is a Referenced Contract

Excludes:

Location basis contracts

Commodity index contracts

measured on a “futures

equivalent basis”

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Bona Fide Hedge Categories 8 Enumerated Bona Fide Hedges

Owned/fixed price purchases

Fixed price sales

Offsetting/unfixed price purchases and sales

Agent/merchandising purchases and sales

Anticipated merchandising hedges

Anticipated royalty hedges

Service hedges

Cross-commodity hedges

Pass-through Swaps

Requires written representation

Cannot carry into spot-month (unless offset to cash position)

Swaps and Futures

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