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BP Prudhoe Bay (BPT)
NYSE:BPT
US Market

BP Prudhoe Bay (BPT) Risk Analysis

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Public companies are required to disclose risks that can affect the business and impact the stock. These disclosures are known as “Risk Factors”. Companies disclose these risks in their yearly (Form 10-K), quarterly earnings (Form 10-Q), or “foreign private issuer” reports (Form 20-F). Risk factors show the challenges a company faces. Investors can consider the worst-case scenarios before making an investment. TipRanks’ Risk Analysis categorizes risks based on proprietary classification algorithms and machine learning.

BP Prudhoe Bay disclosed 19 risk factors in its most recent earnings report. BP Prudhoe Bay reported the most risks in the “Finance & Corporate” category.

Risk Overview Q3, 2024

Risk Distribution
19Risks
47% Finance & Corporate
37% Production
11% Legal & Regulatory
5% Macro & Political
0% Tech & Innovation
0% Ability to Sell
Finance & Corporate - Financial and accounting risks. Risks related to the execution of corporate activity and strategy
This chart displays the stock's most recent risk distribution according to category. TipRanks has identified 6 major categories: Finance & corporate, legal & regulatory, macro & political, production, tech & innovation, and ability to sell.

Risk Change Over Time

S&P500 Average
Sector Average
Risks removed
Risks added
Risks changed
BP Prudhoe Bay Risk Factors
New Risk (0)
Risk Changed (0)
Risk Removed (0)
No changes from previous report
The chart shows the number of risks a company has disclosed. You can compare this to the sector average or S&P 500 average.

The quarters shown in the chart are according to the calendar year (January to December). Businesses set their own financial calendar, known as a fiscal year. For example, Walmart ends their financial year at the end of January to accommodate the holiday season.

Risk Highlights Q3, 2024

Main Risk Category
Finance & Corporate
With 9 Risks
Finance & Corporate
With 9 Risks
Number of Disclosed Risks
19
+2
From last report
S&P 500 Average: 31
19
+2
From last report
S&P 500 Average: 31
Recent Changes
2Risks added
0Risks removed
0Risks changed
Since Sep 2024
2Risks added
0Risks removed
0Risks changed
Since Sep 2024
Number of Risk Changed
0
-2
From last report
S&P 500 Average: 3
0
-2
From last report
S&P 500 Average: 3
See the risk highlights of BP Prudhoe Bay in the last period.

Risk Word Cloud

The most common phrases about risk factors from the most recent report. Larger texts indicate more widely used phrases.

Risk Factors Full Breakdown - Total Risks 19

Finance & Corporate
Total Risks: 9/19 (47%)Above Sector Average
Share Price & Shareholder Rights6 | 31.6%
Share Price & Shareholder Rights - Risk 1
Trust Unit holders have limited voting rights and have limited ability to enforce the Trust's rights against HNS or any other operator of the underlying assets and limited rights and limited ability to assert any claims against the Trustee.
The voting rights of a Trust unitholder are more limited than those of stockholders of most public corporations. For example, there is no requirement for annual meetings of Trust unitholders or for an annual or other periodic re-election of the Trustee. The Trust Agreement and related trust law permit the Trustee and the Trust to sue HNS or any other operator of the underlying properties to compel them to fulfill the terms of the Conveyance and to enforce the obligations of HNS (as successor to BP Alaska) under the Support Agreement. If the Trustee does not take appropriate action to enforce provisions of the Conveyance, the Trust Agreement limits and conditions the rights of the Unit holders to assert any claims against the Trustee. These rights are limited and are set forth in Article VII of the Trust Agreement. Unit holders may enforce certain obligations of HNS (as successor to BP Alaska) under the Support Agreement. Unit holders may be limited in their right or ability to sue HNS or any other operator of the underlying properties. In addition, the rights of ultimate beneficial holders of Units may be limited by the Trust Agreement, which confers rights upon Unit "Holders," which term includes only those holders as show by the records of the Trustee pursuant to Article III of the Trust Agreement.
Share Price & Shareholder Rights - Risk 2
The market price for the Trust units may not reflect the value of the assets held by the Trust.
The public trading price for the Trust units has historically been tied to the recent and expected levels of cash distributions on the Trust units. However, no cash distribution were made for the 2020 fiscal year or the first quarter of 2021. Cash distributions on Trust units resumed in the second quarter of 2021 and continued in each of the four quarters of 2022, but no cash distributions were made for the four quarters attributable to 2023 WTI prices. There can be no assurance that cash distributions will be made in any future quarter. The amounts available for distributions by the Trust vary in response to numerous factors outside the control of the Trust or HNS, including prevailing WTI prices. The market price of the Trust units is not necessarily indicative of the value that the Trust would realize if the assets were sold to a third-party buyer. In addition, the market price is not necessarily reflective of the fact that, since the assets of the Trust are depleting assets, a portion of each cash distribution paid on the Trust units should be considered by investors as a return of capital, with the remainder being considered as a return on investment. There is no guarantee that distributions made to a Unit holder over the life of these depleting assets will equal or exceed the purchase price paid by the Unit holder.
Share Price & Shareholder Rights - Risk 3
Added
If the Trust cannot meet the New York Stock Exchange continued listing requirements, the NYSE may delist the Units.
The Units currently trade on the New York Stock Exchange ("NYSE") under ticker "BPT." Under the continued listing requirements of the NYSE, the Trust will be considered to be out of compliance with the exchange's minimum price requirement if the average closing price for the Units over a consecutive 30 trading day period is less than $1.00 (the "Minimum Price Requirement"). Under NYSE rules, a company that is out of compliance with the Minimum Price Requirement has a cure period of six months to regain compliance if it notifies the NYSE within 10 business days of receiving a deficiency notice of its intention to cure the deficiency. However, the Trustee is not empowered under the Trust Agreement to take actions, such as a reverse stock split, to increase the Unit price as a means to regain compliance with the Minimum Price Requirement. If the Trust were unable to regain compliance with the applicable standards within a six-month cure period, the NYSE will commence suspension and delisting procedures. Additionally, NYSE may consider the winding up and termination process to constitute a liquidation, and NYSE may delist the Units under NYSE Rule 802.01D, or any other applicable delisting criteria it maintains. If delisted by the NYSE, the Units may be transferred to the over-the-counter ("OTC") market, a significantly more limited market than the NYSE, which could affect the market price, trading volume, liquidity and resale price of the Units. Securities that trade on the OTC markets also typically experience more volatility compared to securities that trade on a national securities exchange. During the cure period, the Units would continue to trade on the NYSE, subject to compliance with other continued listing requirements.
Share Price & Shareholder Rights - Risk 4
Added
The price and liquidity of the Trust's Units may be negatively affected by the Trust's termination and winding up thereafter.
The price of the Units has significantly decreased since the Trust ceased receiving royalty revenues. Unless the net revenues from the Royalty Interest for the quarter ended December 31, 2024, exceed $1.0 million, the Trust will terminate on December 31, 2024 in accordance with the terms of the Trust Agreement, and the Trustee will commence the process to wind-up the Trust effective as of January 1, 2025. Commencing the termination and winding-up of the Trust may negatively affect the Unit price and increase the volatility of price fluctuations. The termination and winding-up may limit the liquidity of the Units and Unit holders may not be able to sell their Units at or near asking prices or even at all if they desire to liquidate their Units in the Trust. There can be no assurance as to the length of time that it will take to wind up the Trust and for the Trustee to make a final distribution, if any. Item?2. Unregistered Sales of Equity Securities, Use of Proceeds, and Issuer Purchases of Equity Securities. None. Item?3. Defaults upon Senior Securities. None. Item?4. Mine Safety Disclosures. Not applicable. Item?5. Other Information. None.
Share Price & Shareholder Rights - Risk 5
There are potential conflicts of interest between HNS and the Trust that could affect the royalties paid to Unit holders.
The interests of HNS and the Trust with respect to the Prudhoe Bay Unit could at times be different. The Per Barrel Royalty that HNS pays to the Trust is based on the WTI Price, Chargeable Costs and Production Taxes, all of which are amounts contractually defined in the Conveyance. The WTI Price does not necessarily correspond to the actual price realized by HNS for crude oil produced from the 1989 Working Interests, and Chargeable Costs and Production Taxes may not bear any relation to HNS's actual costs of production and tax expenses. The actual per barrel profit realized by HNS on the Royalty Production may differ materially from the Per Barrel Royalty that it is required to pay to the Trust. It is possible under certain circumstances that the relationship between HNS's actual per barrel revenues and costs could be such that continued operations may be uneconomic, and, to the extent permitted under the Conveyance and applicable law, HNS might determine to interrupt or discontinue production in whole or in part from the 1989 Working Interests even though a Per Barrel Royalty might otherwise be payable to the Trust under the Conveyance.
Share Price & Shareholder Rights - Risk 6
There were no royalty payments to unit holders attributable to the four quarters of the 2023 fiscal year and there may not be royalty payments to unit holders in the 2024 fiscal year.
The Trust did not receive any Royalty Payments attributable to the four quarters of 2023 due to, among other things, a decline in WTI prices and increase in Adjusted Chargeable Costs. The determination of Royalty Payments is based in part on the WTI price, and is calculated as an average over the relevant quarter, lessening the effect of price swings through the period. WTI prices for fiscal year 2023 were between a low of $66.74 from March 17, 2023, through March 19, 2023, and a high of $93.68 on September 27, 2023. During the 2023 fiscal year, WTI prices remained below the price required to exceed the "break even" WTI price (the price at which all taxes and prescribed deductions are equal to the WTI price) in order for the Trust to receive a positive Per Barrel Royalty with respect to a particular day's production. Additionally, as WTI prices change, so do the taxes and prescribed deductions, potentially increasing or decreasing the "break even" WTI price. While future oil prices cannot be accurately projected, the U.S. Energy Information Administration ("EIA") forecasts in its Short-Term Energy Outlook ("STEO"), released on February 6, 2024, that WTI prices will average approximately $77.68 per barrel in 2024 and $74.98 per barrel in 2025. Based on the 2023 SEC-defined 12-month average WTI Price of $78.22 per barrel, the projected value of the Production Taxes and Adjusted Chargeable Costs as prescribed by the Conveyance is $91.95 per barrel in 2024 and $98.73 per barrel in 2025 and continues to increase thereafter. The Trustee intends to retain in reserve at least $6,000,000 and potentially more, in an amount sufficient to pay Administrative Expenses for at least two years plus anticipated expenses in connection with the termination of the Trust. To the extent necessary, the Trustee will deduct from any future Royalty Payments amounts sufficient to maintain the cash reserve at this level or at a level to be determined by the Trustee in the future without prior notice to the Unit holders. To comply with the Trust Agreement's termination process and requirements, the Trust is likely to incur significant additional expenditures. Accordingly, if the Trust receives Royalty Payments during 2024 or subsequent periods, the amount payable to Unit holders may be reduced by amounts used to replenish or add to the cash reserve. Increases in the rate of inflation may also increase Administrative Expenses and the expenses associated with the termination of the Trust, which may necessitate an increase in the level of the reserve. The Trustee will continue to review and reassess the adequacy of the cash reserve on an on-going basis based on the facts and circumstances at the time of such evaluations and may increase or decrease the targeted cash reserve or the rate at which it is withholding funds to replenish the cash reserve at any time, without advance notice to the Unit holders. See "ITEM 7. TRUSTEE'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS – LIQUIDITY AND CAPITAL RESOURCES" for a discussion of the cash reserve.
Accounting & Financial Operations3 | 15.8%
Accounting & Financial Operations - Risk 1
Net revenues for the four quarters attributable to fiscal year 2023 to the Trust were less than $1,000,000 and estimated net revenues to the Trust for the 2024 fiscal year are expected to be less than $1,000,000. If net revenues are less than $1,000,000 for two consecutive years, or if 60% of Unit holders vote in favor of termination, the Trust will terminate.
The Trust will terminate if either (a) holders of at least 60% of the outstanding Units vote to terminate the Trust or (b) the net revenues from the Royalty Interest for two successive years are less than $1,000,000 per year (unless the net revenues during the two-year period have been materially and adversely affected by an event constituting a "force majeure" as defined in the Trust Agreement). Upon termination of the Trust, HNS will have an option to purchase the Royalty Interest at a price equal to the greater of (i) the fair market value of the Trust property, or (ii) the market value of the outstanding Units based on the closing price of Units on the New York Stock Exchange on the day of termination of the Trust. If HNS does not exercise its option, the Trustee will sell the Trust property on terms and conditions approved by the vote of holders of 60% of the outstanding Units, unless the Trustee determines that it is not practicable to submit the matter to a vote of the Unit holders and the sale is made at a price at least equal to the fair market value of the Trust property and upon conditions deemed commercially reasonable. After the payment of all Administrative Expenses and after establishing reserves for any other liabilities of the Trust, the Trustee is obligated to distribute the available net proceeds of any such sale to the Unit holders. Pursuant to the terms of the Trust Agreement, if net revenues during such two-year period have been materially and adversely impacted by an event constituting "force majeure", the termination of the Trust may be delayed. As used in the Trust Agreement, "force majeure" means, without limitation: (i) acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States or of the State of Alaska or any of their departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; civil disturbances; riots; epidemics; sabotage; war, whether or not declared; landslides; lightning; earthquakes; fires; hurricanes; winds; tornados; storms; droughts; floods; arrests; restraint of government and people; explosions; breakage, malfunction or accident to facilities, machinery, transmission pipes or canals; partial or entire failure of utilities; shortages of labor, materials, supplies or transportation; or (ii) any other cause, circumstance or event (other than depletion of the petroleum reservoir in which the Trust has an interest) not reasonably within the control of HNS. If delayed, the Trust would incur additional liabilities. Also, the process required by the Trust Agreement to affect a sale of assets and to terminate the Trust will cause the Trust to incur additional liabilities, including without limitation, additional Administrative Expenses. Any such additional liabilities would reduce proceeds available for distribution to Unit holders from the sale of Trust assets made in connection with a Trust termination. We cannot predict with certainty the timing of an eventual termination of the Trust.
Accounting & Financial Operations - Risk 2
Financial information of the Trust is not prepared in accordance with U.S. GAAP.
The financial statements of the Trust are prepared on a modified cash basis of accounting, which is a comprehensive basis of accounting other than U.S. generally accepted accounting principles, or U.S. GAAP. Although this basis of accounting is permitted for royalty trusts by the Securities and Exchange Commission, the financial statements of the Trust differ from U.S. GAAP financial statements because net profits income is not accrued in the month of production, expenses are not recognized when incurred and cash reserves may be established for certain contingencies that would not be recorded in U.S. GAAP financial statements. See "ITEM 8. FINANCIAL STATEMENTS AND SUPPLEMENTARY DATA – NOTES TO FINANCIAL STATEMENTS – NOTE 3. BASIS OF ACCOUNTING".
Accounting & Financial Operations - Risk 3
The amount and value of reserves attributable to the Trust, the estimated life of the Trust, estimates of future net revenues and estimates of the present value of future net revenues fluctuate based on the WTI Price, among other factors.
As discussed above under "THE ROYALTY INTEREST" in Item 1, revenues to the Trust are calculated daily by HNS using the WTI price, Production Tax, and other variables as prescribed by the Conveyance applicable on that specific day. The fixed Chargeable Cost increases specified in the Conveyance have impacted and will continue to impact "break-even" prices. The quarterly royalty payment by HNS to the Trust is the sum of the individual revenues calculated each day during the quarter. In the event that one or more daily calculations results in a negative amount, the total of such daily negative amounts during that calendar quarter would be subtracted from total daily positive amounts during such quarter to determine the royalty payment for such quarter, provided, that in no event will any quarterly royalty payment be less than zero. The estimated future net revenues and present value of estimated future net revenues reported herein are calculated based on a single average WTI price, that being the average of 12 WTI values, each value representing the WTI price in effect on the first calendar day of the month for the 12 months prior to January 1, 2024. As a result, any single calculation of a calendar day will not reflect the value of the royalty paid to the Trust for any quarter, nor will it reflect the estimated future value of the Trust or the estimation of how long royalty payments to the Trust will continue. As discussed under "THE PRUDHOE BAY UNIT AND FIELD – Reserve Estimates", the amount and value of reserves attributable to the Trust and the estimated life of the Trust fluctuate based on changes to certain prescribed factors, including the WTI price. From the beginning of the first quarter of 2024 through March 13, 2024, the WTI crude oil spot price fluctuated between a high of $79.97 per barrel on March 1, 2024, and a low of $70.38 per barrel on January 2, 2024. The WTI crude oil spot price on March 13, 2024 was $79.72 per barrel. Based on the 2023 SEC-defined 12-month average WTI Price of $78.22, per barrel, current Production Taxes, and the Chargeable Costs adjusted as prescribed by the Overriding Royalty Conveyance, HNS estimates that there are no proved reserves attributable to the Trust for 2024 or beyond. Even if expected reservoir performance does not change, the estimated reserves, economic life and future net revenues attributable to the Trust may change significantly in the future as a result of sustained periods of change in the WTI Price, the Production Tax or from changes in other prescribed variables utilized in calculations as defined by the Overriding Royalty Conveyance. For example, as described above, daily WTI crude oil spot prices since the beginning of 2024, through March 13, 2024, have generally been below the 2023 SEC-defined 12-month average WTI Price.
Production
Total Risks: 7/19 (37%)Above Sector Average
Manufacturing5 | 26.3%
Manufacturing - Risk 1
Construction of a gas pipeline from the North Slope of Alaska could accelerate the decline in Royalty Production from the Prudhoe Bay field.
The construction of a natural gas pipeline to bring natural gas from the North Slope could make it economical to extract natural gas from the Prudhoe Bay field and transport it to market. Currently, natural gas released by pumping oil is reinjected into the ground, which helps to maintain reservoir pressure and facilitates extraction of oil from the field. Extraction of natural gas from the Prudhoe Bay field would lower reservoir pressure, although carbon dioxide stripped out of the gas could be reinjected and other methods could be employed to mitigate the reduction. The lowering of the reservoir pressure could accelerate the decline in production from the 1989 Working Interests and the time at which royalty payments to the Trust would cease. Since the Trust is not entitled to any royalty payments with respect to natural gas production from the 1989 Working Interests, the Unit holders would not realize any offsetting benefit from natural gas production from the Prudhoe Bay field. It has long been considered that without a pipeline, extraction of natural gas from the Prudhoe Bay field on a large scale would not be economical. In October 2012, ExxonMobil, ConocoPhillips, BP and Calgary-based TransCanada Corporation ("TransCanada") notified the Alaska Governor that they had agreed on a plan to combine what were once two competing natural gas pipeline projects destined for the continental U.S. into one project focused on export markets. This project contemplated building an 800-mile natural gas pipeline from the North Slope to a port on the southern coast of Alaska from which liquefied natural gas ("LNG") would be exported to Asia. It was contemplated that the project would also include natural gas processing facilities. In January 2014, it was announced that the state of Alaska would pursue becoming an equity partner in the Alaska natural gas pipeline project and that ExxonMobil, BP, ConocoPhillips, TransCanada, Alaska Gasline Development Corporation ("AGDC"), and Alaska's commissioners of natural resources and revenue had signed a heads of agreement ("HOA") for the Alaska LNG Project. At the end of 2016, it was announced that AGDC had concluded agreements with ExxonMobil, BP and ConocoPhillips to take over the leadership position in the Alaska LNG project. The Alaska LNG project received construction authorization from federal authorities in May 2020, according to publicly-available information.
Manufacturing - Risk 2
Oil production from the Prudhoe Bay Unit could be interrupted by damage to the Trans-Alaska Pipeline System from natural causes, accidents, deliberate attacks or declining oil flows.
The Trans-Alaska Pipeline System connects the North Slope oil fields to the southern port of Valdez, almost 800 miles away. It is the only way that oil can be transported from the North Slope to market. The pipeline system crosses three mountain ranges, many rivers and streams and thaw-sensitive permafrost. It is susceptible along its length to damage from earthquakes, forest fires and other natural disasters. The pipeline system also is vulnerable to failures of pipeline segments and pumping equipment, accidental damage and deliberate attacks. Recently, the pipeline has become susceptible to damage resulting from declining flows of oil from the North Slope. Slower flows cause the temperature of the oil in the pipeline to cool faster, increasing the rate of deposit of wax, which coats pipe walls, hides corrosion and clogs sensors on smart pigs sent through the pipeline to detect it. Even lower flow rates projected in the future may lead to internal damage caused by ice formation within the pipe and external damage from frost heaves under buried segments. Major upgrades to the pipeline may be required to counteract the effects of cooler oil temperature. If the pipeline or its pumping stations suffer major damage from natural or man-made causes, production from the Prudhoe Bay Unit could be shut in until the pipeline system can be repaired and restarted. In both 2011 and 2018, TAPS was shut down temporarily – in one case because of a leak and in the other because of an earthquake. Royalty payments to the Trust could be halted or reduced by a material amount as a result of interruption to production from the Prudhoe Bay Unit. As noted above, without more crude oil to be transported by TAPS, slower flows and freezing temperatures could eventually force the closure of the pipeline, making it impossible to transport oil from the North Slope to market. In 2023, the pipeline's average throughput decreased by over 14,000 barrels daily compared to 2022. Throughput for the last four years has averaged only 477,652 barrels per day. The pipeline was designed to carry much higher volumes of oil and while Alyeska is taking or plans to take steps to mitigate the problems associated with slower oil flow through the pipeline, the EIA (which has previously forecast continued declining production from the North Slope) has also noted that considerable investment could be required to keep TAPS operational if throughput goes below 350,000 barrels per day. Alaska's Department of Revenue forecasted in fall 2023 that Alaska North Slope oil production will decrease to an average of 470,300 barrels per day in the fiscal year ending on June 30, 2024, which is a decrease from the 479,400 barrels per day produced in fiscal 2023. Production is expected to decrease to 463,800 barrels per day in 2025. The forecast anticipates that oil production declines will be potentially offset by incremental production from new developments, with several new fields in the planning and development process. Another potential source of crude oil in Alaska lies in the 19 million acres of the Arctic National Wildlife Refuge ("ANWR"). It is estimated that a 1.5-million-acre part of the coastal plain of ANWR known as the "1002 area" contains 11.8 billion barrels of potentially recoverable crude oil. A 40-year-old ban on energy development in the ANWR was removed when the Tax Cuts and Jobs Act (the "TCJA") was enacted in December 2017. The TCJA includes a provision that permits oil exploration and drilling in the 1002 area. An administration plan to hold an oil and gas lease sale in the ANWR before the end of 2019 did not take place because of certain procedural delays. The former Trump administration announced in January 2018 that it would allow new offshore oil and gas drilling in nearly all United States coastal waters, including the Arctic Ocean. However, in March 2019, a U.S. District Court judge for the District of Alaska ruled that the executive order that removed the ban on oil and gas drilling in the Arctic Ocean and parts of the North Atlantic coast was unlawful. In addition, President Biden signed an executive order placing a temporary moratorium on oil and gas activity in the ANWR on January 20, 2021, one day after the Trump administration had issued nine oil and gas leases in the refuge's coastal plain. The order places a temporary moratorium on all activities of the Federal Government relating to the implementation of the Coastal Plain Oil and Gas Leasing Program, as established by the Record of Decision signed August 17, 2020, in the ANWR, pending a review of the program and, as appropriate and consistent with applicable law, a new, comprehensive analysis of the potential environmental impacts of the oil and gas program. The administration is still required by law to conduct a second lease sale in the Coastal Plain by December 2024 unless Congress is able to pass legislation undoing that provision of the Tax Cuts and Jobs Act.
Manufacturing - Risk 3
Prudhoe Bay field oil production could be shut in partially or entirely from time to time as a result of damage to or failures of field pipelines or equipment.
In August 2006, BP shut down the eastern side of the Prudhoe Bay Unit following the discovery of unexpectedly severe corrosion and a small spill from the oil transit line on that side of the Unit. Earlier, in March of 2006, BP had to temporarily shut down and commence the replacement of a three-mile segment of transit line on the western side of the Prudhoe Bay Unit following discovery of a large oil spill. BP Alaska completely replaced approximately 16 miles of transit lines on the eastern and western sides of the Prudhoe Bay Unit and has implemented federally-required corrosion monitoring practices. However, the discovery of additional defects in Prudhoe Bay Unit oil flowlines and transit lines, and damage to or failures of separation facilities or other critical equipment, could result in future shutdowns of oil production from all or portions of the Prudhoe Bay Unit and have an adverse effect on future royalty payments.
Manufacturing - Risk 4
Production from the 1989 Working Interests may be interrupted or discontinued by HNS.
HNS has no obligation to continue production from the 1989 Working Interests or to maintain production at any level and may interrupt or discontinue production at any time. The Trust does not have the right to take over operation of the 1989 Working Interests or share in any operating decisions by HNS concerning the Prudhoe Bay Unit. The operation of the Prudhoe Bay Unit is subject to normal operating hazards incident to the production and transportation of oil in Alaska. In the event of damage to the infrastructure, facilities and equipment in the Prudhoe Bay field which is covered by insurance, HNS has no obligation to use insurance proceeds to repair such damage and may elect to retain such proceeds and close damaged areas to production.
Manufacturing - Risk 5
Future Royalty Production from the Prudhoe Bay field is projected to decline and will eventually cease. Volume of production from the 1989 Working Interests varies from quarter to quarter and the decline in production has negatively affected the Trust's revenues.
The Prudhoe Bay field has been in production since 1977. Development of the field is largely completed and proved reserves are being depleted. Production of oil and condensate from the field has been declining during recent years and the decline is expected to continue. The 2023 average WTI Price of $78.22, per barrel, applicable under current SEC regulations, which represents the 12-month average of the first-day-of-the-month price for each month within the 12-month period prior to December 31, 2023, in addition to the annual increase in Chargeable Costs as adjusted upward by the Cost Adjustment Factor, are the primary drivers of the projected cessation of Royalty Payments going forward. Even if the Trust receives Royalty Payments in future periods, such Royalty Payments may not continue based on projected production declines. Production estimates included in this Annual Report are based on economic conditions and production forecasts as of the end of 2023, and also depend on various assumptions, projections and estimates which are continually revised and updated by HNS. These revisions could result in material changes to the projected declines in production. HNS's average net production of oil and condensate allocated to the Trust from proved reserves was less than 90,000 barrels per day on an annual basis during each of the years 2019 through 2023, and the Trustee has been advised that HNS expects that average net production allocated to the Trust from the proved reserves will be less than 90,000 barrels a day on an annual basis in future years.
Costs2 | 10.5%
Costs - Risk 1
Royalty payments by HNS to the Trust are unpredictable because such payments depend on Cushing, Oklahoma WTI spot prices, which, like crude oil prices in general, are subject to volatility.
WTI prices, like prices in the global crude oil market generally, are subject to periodic fluctuations and significant volatility. During 2022, WTI crude oil spot prices reached a high of $123.70 on March 8, 2022 and increased to an average of $94.97 a barrel for 2022. WTI prices, particularly in the first half of 2022, were elevated by a number of factors, such as the outbreak of the war in Ukraine, supply concerns, and increased demand following recovery from the COVID-19 pandemic. WTI prices generally decreased in the second half of 2022, as concerns about a possible recession reduced demand. During 2023, WTI crude oil spot prices reached a high of $93.68 on September 27, 2023 but maintained an average of $77.62 a barrel for 2023. WTI prices in September 2023 were affected by a number of factors, such as a decline in crude inventories in Cushing, Oklahoma, and an extension of Saudi Arabia's voluntary decrease in crude oil production. WTI prices generally decreased in the remainder of the year, ending the year nearly 25% lower than the high during the year, reflective, in part, of concerns regarding growth in oil demand and rising oil inventories globally. While oil price forecasts are highly uncertain, the EIA forecast in its STEO dated February 6, 2024, that Brent crude oil spot prices will average approximately $82 per barrel in 2024 and WTI crude oil spot prices will average approximately $77.68 per barrel in 2024 and $74.98 per barrel in 2025. According to the EIA forecast, downward pressure on oil prices are expected in the second quarter of 2024 as global oil inventories increase. The forecast emphasizes that actual prices may be higher than the current forecasts as a result of ongoing risks of supply disruptions in the Middle East, particularly considering actions by Houthi forces against international shipping in the Red Sea. We cannot predict future WTI prices or whether WTI prices will be at a level sufficient for the Trust to receive a positive Per Barrel Royalty in the future.
Costs - Risk 2
Crude oil prices can be highly volatile as a result of many factors that are outside of the control of the Trust.
Future domestic and international events and conditions may produce wide swings in crude oil prices over relatively short periods of time. Recent moves in crude oil prices have been affected by many factors. These include, among other: changes in demand due to variations in economic activity, increased efficiency demand for other types of fuel; increased efficiency standards for vehicles; crude production growth; new supplies from tight and shale resources; whether OPEC+ and other oil producing nations are willing to intervene to adjust oil prices, and the success of such intervention, to stabilize oversupplied crude oil markets by cutting production or to take other measures in order to preserve or expand market share; shifts in inventory management strategies by international oil companies; conservation measures by consumers; increasing effects of the oil futures market; other unpredictable political, geopolitical, psychological and economic factors, particularly Russia's war with Ukraine, conflicts in the Middle East, including Israel's war with Hamas, and the international responses thereto, including the imposition of sanctions and military intervention, disruptions to international shipping lanes that may reduce the supply of oil; increased tensions between the U.S. and China and Iran, political unrest in Iran and developments with respect to the Iran nuclear deal, the collapse of Venezuela's oil industry and changes in sanctions against Venezuelan oil exports, and tensions between North Korea and South Korea and the U.S.; the strength or weakness of the U.S. dollar (the currency in which crude oil is quoted, with crude oil prices, like prices of other commodities priced in dollars, generally moving inversely to the value of the dollar); how the policies of the U.S. administration may influence oil production and markets, whether the U.S. government continues to release its oil reserves, expectations for global economic growth, developments relating to the U.S.-China trade dispute, events relating to the departure of the United Kingdom from the European Union, political turmoil in Libya threatening that country's oil production and exports, ongoing tensions in other regions of the world and turmoil and volatility in global stock markets.
Legal & Regulatory
Total Risks: 2/19 (11%)Above Sector Average
Regulation1 | 5.3%
Regulation - Risk 1
Government action, policies or regulations designed to discourage production of, reduce demand for, or promote alternatives to oil could impact the WTI Price, directly as intended or through unintended consequences.
World-wide, governments are implementing policies intended to reduce greenhouse gas emissions by decreasing both the supply of and the demand for fossil fuels, including oil products, or promote alternatives. These actions include, among others, cap and trade programs, carbon taxes, trade tariffs, minimum renewable usage requirements, restrictive permitting, increased mileage and other efficiency standards, mandates for sales of electric vehicles, mandates for use of specific fuels or technologies, and other incentives or mandates designed to support transitioning to green energy sources. Political and other actors and their agents also increasingly seek to advance climate change objectives indirectly, such as by seeking to discourage or increase the cost of financing and investment in the oil industry. Depending on how policies are formulated and applied, such policies could decrease the demand for oil and the competitiveness of fossil fuels, which could materially negatively affect the WTI Price and the amount available, if any, for distribution to Unit holders.
Taxation & Government Incentives1 | 5.3%
Taxation & Government Incentives - Risk 1
The effect of any changes to the Alaska Production Tax Statutes on Per Barrel Royalty and Royalty Production from the Prudhoe Bay field is unpredictable.
Alaska's Production Tax Statutes affect the calculation of the Per Barrel Royalty. Among other changes to the Production Tax Statutes, the 2013 amendments added a stair-step per-barrel tax credit for oil production, provided that a producer's tax liability may not be reduced below the "minimum tax". Since going into effect on January 1, 2014, the 2013 amendments had the effect of reducing Production Taxes imposed on Royalty Production. Moreover, as a result of the low oil price environment that began in mid-2014, Royalty Production has been subject to the minimum tax under the Production Tax Statutes since the first quarter of 2015. Historically, the reduction in Production Taxes has in part offset the reduction in royalty payments that resulted from declining WTI Prices. During 2022, as a result of increased WTI Prices, the minimum tax did not apply, and higher taxes resulted in reduced Royalty Payments to the Trust. Subsequently, as a result of the decrease in WTI Price more recently, the minimum tax is has been applicable again. However, further increases in WTI Prices in the future may again result in higher taxes that reduce any future the Royalty Payments. Any changes to the Production Tax Statutes in the future may also impact Royalty Production and the amount of Production Taxes and, in turn, the amount of royalty payments. Whether or when any such changes may occur and the effect any such changes may have on the Per Barrel Royalty is unpredictable.
Macro & Political
Total Risks: 1/19 (5%)Above Sector Average
Capital Markets1 | 5.3%
Capital Markets - Risk 1
High rates of inflation as measured by the consumer price index will increase the Cost Adjustment Factor and decrease amounts available for Royalty Payments.
The Per Barrel Royalty is the WTI Price for any particular day, less the sum of (i) Chargeable Costs multiplied by the Cost Adjustment Factor and (ii) Production Taxes. The Cost Adjustment Factor is a ratio that references the Consumer Price Index. The rate of inflation in the United States has increased sharply over the last three years, as reflected in increases in the Consumer Price Index. To the extent that the Consumer Price Index continues to rise, the Cost Adjustment Factor will also increase, which would decrease the future Per Barrel Royalty, negatively affecting the amount available, if any, for distribution to Unit holders.
See a full breakdown of risk according to category and subcategory. The list starts with the category with the most risk. Click on subcategories to read relevant extracts from the most recent report.

FAQ

What are “Risk Factors”?
Risk factors are any situations or occurrences that could make investing in a company risky.
    The Securities and Exchange Commission (SEC) requires that publicly traded companies disclose their most significant risk factors. This is so that potential investors can consider any risks before they make an investment.
      They also offer companies protection, as a company can use risk factors as liability protection. This could happen if a company underperforms and investors take legal action as a result.
        It is worth noting that smaller companies, that is those with a public float of under $75 million on the last business day, do not have to include risk factors in their 10-K and 10-Q forms, although some may choose to do so.
          How do companies disclose their risk factors?
          Publicly traded companies initially disclose their risk factors to the SEC through their S-1 filings as part of the IPO process.
            Additionally, companies must provide a complete list of risk factors in their Annual Reports (Form 10-K) or (Form 20-F) for “foreign private issuers”.
              Quarterly Reports also include a section on risk factors (Form 10-Q) where companies are only required to update any changes since the previous report.
                According to the SEC, risk factors should be reported concisely, logically and in “plain English” so investors can understand them.
                  How can I use TipRanks risk factors in my stock research?
                  Use the Risk Factors tab to get data about the risk factors of any company in which you are considering investing.
                    You can easily see the most significant risks a company is facing. Additionally, you can find out which risk factors a company has added, removed or adjusted since its previous disclosure. You can also see how a company’s risk factors compare to others in its sector.
                      Without reading company reports or participating in conference calls, you would most likely not have access to this sort of information, which is usually not included in press releases or other public announcements.
                        A simplified analysis of risk factors is unique to TipRanks.
                          What are all the risk factor categories?
                          TipRanks has identified 6 major categories of risk factors and a number of subcategories for each. You can see how these categories are broken down in the list below.
                          1. Financial & Corporate
                          • Accounting & Financial Operations - risks related to accounting loss, value of intangible assets, financial statements, value of intangible assets, financial reporting, estimates, guidance, company profitability, dividends, fluctuating results.
                          • Share Price & Shareholder Rights – risks related to things that impact share prices and the rights of shareholders, including analyst ratings, major shareholder activity, trade volatility, liquidity of shares, anti-takeover provisions, international listing, dual listing.
                          • Debt & Financing – risks related to debt, funding, financing and interest rates, financial investments.
                          • Corporate Activity and Growth – risks related to restructuring, M&As, joint ventures, execution of corporate strategy, strategic alliances.
                          2. Legal & Regulatory
                          • Litigation and Legal Liabilities – risks related to litigation/ lawsuits against the company.
                          • Regulation – risks related to compliance, GDPR, and new legislation.
                          • Environmental / Social – risks related to environmental regulation and to data privacy.
                          • Taxation & Government Incentives – risks related to taxation and changes in government incentives.
                          3. Production
                          • Costs – risks related to costs of production including commodity prices, future contracts, inventory.
                          • Supply Chain – risks related to the company’s suppliers.
                          • Manufacturing – risks related to the company’s manufacturing process including product quality and product recalls.
                          • Human Capital – risks related to recruitment, training and retention of key employees, employee relationships & unions labor disputes, pension, and post retirement benefits, medical, health and welfare benefits, employee misconduct, employee litigation.
                          4. Technology & Innovation
                          • Innovation / R&D – risks related to innovation and new product development.
                          • Technology – risks related to the company’s reliance on technology.
                          • Cyber Security – risks related to securing the company’s digital assets and from cyber attacks.
                          • Trade Secrets & Patents – risks related to the company’s ability to protect its intellectual property and to infringement claims against the company as well as piracy and unlicensed copying.
                          5. Ability to Sell
                          • Demand – risks related to the demand of the company’s goods and services including seasonality, reliance on key customers.
                          • Competition – risks related to the company’s competition including substitutes.
                          • Sales & Marketing – risks related to sales, marketing, and distribution channels, pricing, and market penetration.
                          • Brand & Reputation – risks related to the company’s brand and reputation.
                          6. Macro & Political
                          • Economy & Political Environment – risks related to changes in economic and political conditions.
                          • Natural and Human Disruptions – risks related to catastrophes, floods, storms, terror, earthquakes, coronavirus pandemic/COVID-19.
                          • International Operations – risks related to the global nature of the company.
                          • Capital Markets – risks related to exchange rates and trade, cryptocurrency.
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