Annual report pursuant to Section 13 and 15(d)

Note 16 - Commitments

v3.19.3.a.u2
Note 16 - Commitments
12 Months Ended
Dec. 31, 2019
Notes to Financial Statements  
Commitments Disclosure [Text Block]
16.
Commitments
 
See Note
7
for information on leases.
 
Pursuant to the Purchase and Sale Agreement with Total E&P, we
may
fulfill security requirements related to ARO for certain properties through securing surety bonds, or through making payments to an escrow account under a formula pursuant to the agreement, or a combination thereof, until certain prescribed thresholds are met. Once the threshold is met for that year, excess funds in the escrow account are returned to us.  As of
December 
31,
2019,
we had surety bonds related to the agreement with Total E&P totaling
$90.7
 million and had
no
amounts in escrow. The threshold escalates to
$103.0
million for
2023
in
$3.0
million per year increments.
 
Pursuant to the Purchase and Sale Agreement with Shell Offshore Inc. (“Shell”) related to ARO for certain properties, we have surety bonds that are subject to re-appraisal by either party.  As of
December 31, 2019,
neither party had requested a re-appraisal to be made.  The current security requirement of
$64.0
million, which we have met, could be increased up to
$94.0
million depending on certain conditions and circumstances.
 
Pursuant to the Purchase and Sale Agreement with Exxon related to ARO for certain properties, we were required to obtain
$27.3
 million of surety bonds.  This amount increases on
June 1
of the following years to
$30.0
million -
2020;
$33.0
million -
2021;
$36.3
million -
2022;
$40.0
million -
2023;
$44.0
million -
2024,
and future increases in increments ranging
$4.0
million to
$9.0
million per year until the total amount reaches
$114.0
million in
2034.
  We
may
request a redetermination with Exxon every
two
years by providing certain documentation as provided in the purchase agreement.  We are required to maintain this scheduled level of bonds until the properties are fully plugged, abandoned, and restored in accordance with applicable laws and regulations.
 
Pursuant to the Purchase and Sale Agreement with Conoco related to ARO for certain properties, we were required to obtain
$49.0
million of surety bonds and are required to maintain this level of bonds until the properties are fully plugged, abandoned, and restored in accordance with applicable laws and regulations.
 
During
2019,
2018
 and
2017,
we had surety bonds primarily related to our decommissioning obligations or ARO.  Total expenses related to surety bonds, inclusive of the surety bonds in connection with the Total E&P and Shell agreements described above, were
$4.7
million,
$5.9
million and 
$5.7
million during
2019,
2018
 and
2017,
respectively.  The amount of future commitments is dependent on rates charged in the market place and when asset retirements are completed.  Estimated future expenses related to surety bonds were based on current market prices and estimates of the timing of asset retirements, of which some wells and structures are estimated to extend to
2065.
  Future payment estimates are: 
20
20–$4.6
  million;
2021–$4.6
 million;
2022–$4.6
 million;
2023
-
$4.7
 million,
2024
-
$4.7
 million and
thereafter–$52.0
 million.  Future sure
ty bond costs
may
change due to a number of factors, including changes and interpretations of regulations by the BOEM.
 
As of
December 31, 2019,
we had
$6.9
million of collateral deposits for certain sureties related to certain surety bonds for appeals submitted to the Interior Board of Land Appeals (the “IBLA”).
 
In conjunction with the purchase of an interest in the Heidelberg field, we assumed contracts with certain pipeline companies that contain minimum quantities obligations that extend to
2028.
  For
2019
and
2018,
expense recognized for the difference between the quantities shipped and the minimum obligations was
$4.5
million and
$2.3
million, respectively.  As of
December 31, 2019,
the estimated future costs are:
2020–$3.7
 million;
2021–$2.2
 million;
2022–$1.6
 million;
2023–$1.2
million;
2024
-
$0.8
 million and
thereafter–$1.3
 million.
 
We have
no
drilling rig commitments as of
December 
31,
2019.