Then there is Richard D. Kinder, chief executive of
Kinder Morgan, who has personally made billions of dollars operating the
industry’s equivalent of a toll road: pipelines.
Now, with Kinder Morgan’s $21
billion deal to buy a leading rival, the El Paso Corporation, he is doubling
down.
Hydraulic fracturing techniques — despite causing a
growing controversy — are creating a once-in-a-generation boom in oil and
gas drilling in the United States, and the opportunity to build many more
pipelines to carry new supplies to market.
Public concerns about the environmental risks posed by
hydraulic fracturing, or fracking, raise the possibility of tough new
restrictions, higher costs and even outright bans on new wells in some
areas. But companies like Kinder Morgan and its competitors think the need
for new energy sources means pipelines are a relatively low-risk way to play
the boom.
If they are right, Kinder Morgan will collect new tolls
for decades, along with the ones it is already pocketing.
The nation’s 450,000 miles of transport pipelines provide
a steady flow of profits, and big players like Kinder Morgan are
geographically diversified, diluting the impact of a drilling slowdown in
any one region. Transmission rates are set by the Federal Energy Regulatory
Commission and do not vary with fluctuating oil and gas prices. A special
federal tax break unavailable to most industries bolsters investors’
returns. And before a single mile of a new pipeline is built, the operator
typically lines up contracts with oil and gas companies that commit them to
use it, guaranteeing revenue in advance.
Fed by such advantages, Kinder Morgan’s pipeline
partnership yielded investors a 17.7 percent compound annual return from
2007 to 2010, compared with 3.5 percent for an index of large integrated oil
companies, says IHS Herold, a consulting firm.
“Kinder has made a low-return, humdrum business into a
river of money,” said Robin West, chief executive of the consulting firm PFC
Energy. “The North American energy scene is being transformed, and this
company reflects the colossal scale of the emerging industry.”
Kinder Morgan’s proposed purchase of El Paso, announced
in October, is so big that it faces months of antitrust scrutiny. The deal
would create the largest pipeline owner in the country, with 80,000 miles of
pipelines crossing 35 states and linking new oil and gas fields from Texas
to Pennsylvania to most major markets. Although regulators would still set
transport prices, the company would have more power to direct what flows
through its pipes and where.
“By restricting supplies or not
expanding pipelines in the future, they are potentially going to keep
natural gas from
going to consumer markets where gas is needed, and that could impact prices
indirectly,” said Ed Hirs, an economist at the University of Houston.
Analysts say antitrust regulators may require Kinder to
divest itself of some pipelines, particularly in and around Colorado, though
most expect the deal to be approved eventually.
Mr. Kinder and other Kinder officials declined interview
requests. But Larry S. Pierce, a company vice president, denied in an e-mail
that his company would restrict gas flows. “Pipelines make money by
providing transportation service, not by deciding where the gas goes,” he
said.
The increased scale would certainly
put Kinder Morgan in a prime position to benefit from a coming wave of
pipeline construction. Thousands of miles of new pipelines will be needed to
serve wells in fast-growing shale fields like the Bakken in North Dakota,
the Eagle Ford in south Texas and the Niobrara in Colorado. In some states,
pipeline capacity is so scarce that much of the natural gas coming from
wells is simply burned as waste.
All told, spending on new pipelines in the United States
could reach more than $200 billion by 2035 (in 2010 dollars), according to
the Interstate Natural Gas Association of America Foundation.
“Rich Kinder likes to identify tsunamis,” said Yves
Siegel, a senior energy analyst at Credit Suisse, “and this is a tsunami
that he believes in.”
If the El Paso deal was approved, analysts say, other big
pipeline companies, like Williams Partners and Oneok, would need to scramble
to keep up with the supersize Kinder Morgan, which would have easier access
to capital and a far larger cash stream to buy or build the new networks.
In acquiring El Paso, Kinder Morgan gets pipelines that
are likely to deliver growing cash flows. El Paso’s 14,000-mile Tennessee
Gas Pipeline, which stretches from the Gulf of Mexico to Canada, cuts
directly through the Marcellus shale field in Pennsylvania, where hundreds
of gas wells have been drilled but not yet hooked up to a pipeline. Kinder
would also acquire pipelines from West Texas to California that promise
future growth as Southwestern states retire aging nuclear power plants in
favor of gas-fired electrical generation.
Still, Kinder Morgan knows all too well that unexpected
developments can upset the best of plans. When it began building the Rockies
Express pipeline several years ago to connect isolated Colorado gas fields
with eastern markets, it looked like a sure bet. But with the upsurge of gas
production in the Marcellus shale field, demand for western gas had slipped
by the time the pipeline was ready in 2009. (The El Paso deal would improve
the value of that investment by allowing Kinder to synchronize pipelines
owned by the two companies to redirect some Rocky Mountain gas to the
Midwest, energy experts say.)
After a string of pipeline accidents in recent years,
Congress is expected to pass a bill to tighten safety regulations and double
the maximum fine for negligent behavior by pipeline operators to $2 million.
Kinder Morgan talks up its safety record, but it has had its share of
violations and accidents over the last decade. The company this year has
been assessed $573,400 in proposed penalties from the federal Pipeline and
Hazardous Materials Safety Administration for violations, although the
company noted that the penalties were for terminal, not pipeline,
infractions.
“As they get far bigger, how are
they going to assure the public’s safety when they seem to have trouble
handling the infrastructure they already have?” said Frank J. Gallagher,
editor of NaturalGasWatch.org, who is a critic of the expansion of the
natural gas industry.
Environmentalists and advocates of renewable energy also
say the pipeline industry gets an unfair advantage because of the estimated
$2 billion a year in federal tax breaks it receives through use of a
corporate structure known as the master limited partnership.
Although Mr. Kinder didn’t invent the tax break, he has
been a pioneer in using it. Mr. Kinder co-founded Kinder Morgan in 1997,
after he had a falling out with Enron’s chairman, Kenneth L. Lay, and bought
Enron’s small pipeline business for $40 million with another Enron
colleague. From that perch, Mr. Kinder, a lawyer by background, used the
partnership structure to assemble a pipeline network. He owns more than a
third of the company.
Master limited partnerships trade on financial markets
like stocks, but they are taxed as partnerships. That means the companies do
not pay income taxes but instead pass through a share of profits and losses
to the owners of the units, who then pay individual income taxes.
The structure has allowed Kinder Morgan and other
pipeline companies to secure capital at a lower cost than normal
corporations because they can offer investors higher after-tax returns.
In the late 1980s, Congress tightened regulations on such
partnerships out of concern that many corporations would turn to them to
avoid corporate income taxes. But it carved out an exception for the energy
industry, which lobbied hard on the issue. The number of these partnerships
in the energy industry has increased to 72 in 2010 from six in 1994,
according to the Congressional Research Service.
Annual rates of return on pipelines are generally around
7 percent, hardly spectacular in the oil business. But pipelines often pay
for themselves in 10 years or so, and they can produce revenue for decades
after that.
“You can go to the movies and be making money,” said Mark
Routt, a senior consultant at KBC Advanced Technologies. “You just sell the
pipeline capacity over and over again.”
But Nathanael Greene, director of renewable energy policy
at the Natural Resources Defense Council, said the industry was so
profitable that Congress should either repeal the tax break or allow
renewable projects like solar and wind to use the partnership structure,
too.
Right now, he said, Congress is “picking winners in the
worst sort of way because not only does it make things uneven now but locks
in that advantage in a pipeline that lasts for decades.”
Mr. Pierce, the Kinder Morgan executive, defended the
partnership structure as a useful policy tool to help build pipelines.
“Congress has made a conscious decision that the benefits
of incremental energy infrastructure outweigh the slight decrease in federal
revenue,” he wrote in an e-mail. He said that extending master limited
partnership treatment to renewable energy sources would be “sound policy, in
our opinion.”