Table 3: Spot Market Traded Volumes in May 2007 (May traded during May Trade Month)
Window
Entire Day (Argus)
Window % of Total
LLS
0
446,920
0%
WTI Diff to CMA
26,425
378,445
7%
Mars
5,418
185,252
3%
WTS
1,000
154,706
1%
WTI Midland
3,000
138,470
2%
HLS
1,000
100,032
1%
WTI P-Plus
1,000
88,802
1%
Eugene Island
0
40,044
0%
Poseidon
0
73,857
0%
SGC
0
22,100
0%
Bonito
0
9,140
0%
37,843
1,637,768
2.31%
Source: Argus (2007)
One response to such a criticism is that if some market participants think that prices in the window are not
reflecting accurately the price of an oil barrel at the margin, then those participants should enter the
39
Platts (2010 b), Platts Oil Pricing and MOC Methodology Explained, The McGraw Hill Companies, June.
40
Argus Global Markets (2007), Liquidity and Diversity Prevail, 24 September, p. 15.
41
There are other markets, such as Asian products which would show in contrast very high % figures for Platts
„window‟ trades. Ultimately market participants decide upon which and whose pricing system and by implication,
methodology, they wish to use. However, once a critical mass of players is using one in a market or series of
markets, it is difficult and expensive to make a switch.
33
window and exert their influence on the price. However, in some markets, there might be barriers to entry
preventing such an adjustment mechanism from taking place. For instance, in the context of Dubai, Binks
(2005) argues that „participation (in the window) requires knowledgeable and experienced trading staff.
And many of the national oil companies that represent end-users in Asia are not allowed to participate in
speculative trading. For the same reason, Middle East producers will not participate in the partials market.
Even independent commercial buyers without these restraints in Asia feel reluctant to participate in the
partials trade out of concern that doing so could threaten their relations with Middle Eastern producers‟.
42
It is important to note that while some barriers such as having experienced and professional staff and
qualified companies with the necessary logistics to execute physical trades can be considered as „natural
barriers‟, others barriers arise due to policy and strategic choices which limit the trading activity in the
window to a small group of what so called „professionals‟.
43
Market participants are under no legal or regulatory obligation to report their deals to PRAs or any other
body for that matter. Whether participants decide to share information depend on their willingness, their
reporting policies, and their interest in doing so. In the US, the system is voluntary, but one potential
interpretation of the Sarbanes-Oxley legislation is that companies must report all or nothing, and cannot
„selectively‟ disclose information.
44
Many companies have reporting policies that only bind them to report
deals that take place at a certain time of day, or in certain regional markets. In some markets such as the
US, confidentiality concerns dictate that some PRAs do not publish the names of the counterparties to a
deal. To ensure enough reporting takes place, PRAs such as Argus sign confidentiality agreements to
facilitate deal reporting in the US though companies may have the incentive to report prices without such
agreements. Since market participants have different interests and different positions, some traders may
have the incentive to manipulate prices by feeding false information to reporters though there have been
regulatory efforts to limit such behaviour. In the US, the Commodity Futures Trading Commission
(CFTC)
45
, the Federal Energy Regulatory Commission (FERC), and the Federal Trade Commission
(FTC)
46
have passed regulations that prohibit false reporting. In the EU, the Market Abuse Directive is
42
Some interviewees also pointed to the high subscription cost involved in the entry of E-window, by which Platts is
assessing larger number of markets.
43
One interviewee considers this aspect as necessary otherwise enlarging the base of participants may create
logistical and serious performance issues, including safety issues.
44
Initially a law/regulation was passed in 2000 by the SECURITIES AND EXCHANGE COMMISSION (SEC)
known as Regulation FD (Fair Disclosure). This came out of and expands upon the Insider Trading law framework
and pertains to equities reporting. Sarbanes-Oxley Act expanded on this regulation. The Act deals with voluntary
reporting areas. The obligation is stated that should you volunteer to report information, the obligation is to report
that information fully. However, companies are not required to report trades to the PRAs. Lobo and Zhou (2006)
investigated the change in managerial discretion over financial reporting following the Sarbanes-Oxley Act and find
an increase in conservatism in financial reporting.
45
On November 3, 2010, the CFTC and the Securities and Exchange Commission (SEC) proposed rules under the
new anti-manipulation and anti-fraud provisions of the Dodd-Frank Wall Street Reform and Consumer Protection
Act. One of the proposed rules states that, “It shall be unlawful for any person, directly or indirectly, in connection
with any swap, or contract of sale of any commodity in interstate commerce… to intentionally or recklessly:…..
make, or attempt to make, any untrue or misleading statement of a material fact or to omit to state a material fact
necessary in order to make the statements made not untrue or misleading…. deliver or cause to be delivered….by
any means of communication whatsoever, a false or misleading or inaccurate report concerning crop or market
information or conditions that affect or tend to affect the price of any commodity in interstate commerce, knowing,
or acting in reckless disregard of the fact that such report is false, misleading or inaccurate. Source:
http://www.cftc.gov/ucm/groups/public/@lrfederalregister/documents/file/2010-27541a.pdf
46
The Energy Independence and Security Act (Energy Act) signed into law December 19, 2007, gives the Federal
Trade Commission (FTC) new authority to police “market manipulation” and “false reporting” in the petroleum
industry joining the Federal Energy Regulatory Commission (FERC) and the U.S. Commodity Futures Trading
Commission (CFTC) in this role. In section 812, the FTC is given the authority to act against false reporting in the
petroleum industry. FTC‟s authority however is limited to the false reporting of wholesale transactions and those “to
34
also meant to perform a similar role, though its impact on price reporting is not yet clear. As discussed
above, Platts relies on a more structured system for gathering information. However traders can undertake
some anomalous deals in the Platts window by accepting high offers or underselling by delivering into
low bids in an attempt to influence the assessed price. The losses made by such transactions can be more
than compensated by entering into other contracts such as swaps. Thus, PRAs must ensure that the
information received is correct and accurate and that deals done in the window are genuine, otherwise the
whole price discovery process will be undermined. For instance, Platts will not knowingly publish any bid
or offer that is not within the market range. In addition, when offers are lifted or bids are hit, there is a
secondary process to ensure that there is no gapping and if such gapping is detected to ensure that price
assessment process is not affected by it. There are also other mechanisms to avoid the influence of non-
repeatable deals.
In a liquid market, false reporting can be less of a problem as reporters could observe concluded deals and
confirm the information they obtain from both parties. At the same time, reporters will make use of the
regular flow of information originating from the futures and OTC markets. In contrast, in illiquid markets,
a small number of reported deals or a few bids and offers can heavily influence the price assessment
process. In days when reporters cannot observe active buyers, sellers or transactions to determine the
price or simply when such deals do not exist,
47
PRAs rely on a variety of sources of information sources
or market talk to make „intelligent assessments‟.
48
In such circumstances, the reporter will look at bids
and offers from other markets, draw comparisons with similar crudes but with higher trading activity,
analyse forward curves, survey market participants‟ opinions, and assess spread across markets to reach a
price assessment. In fact, in some instances, as in illiquid markets, the price assessment could be more
accurate in the absence of transactions, if these transactions were intended to manipulate the oil price.
In some instances, a PRA can retrospectively correct previously unidentified assessment errors. There are
some instances in which traders may dispute the assessed price reached by a PRA. There is no evidence to
suggest that this problem is widespread, but from time to time these disputes filter into media reports. For
instance, in 29 April 2010, Platts assessed the value of the June and July cash BFOE spread at minus
$0.68 a barrel. Some brokers in the market claimed that Platts assessment of the differential is inaccurate.
Based on information from the futures market and the EFP, these brokers claimed that the value of the
differential should have been minus $0.94 a barrel.
49
Regardless of which value is more accurate, what is
important to note that if such disputes over price assessments ever arise there is no supervisory or
regulatory authority which would look into these claims and counter-claims.
In order to safeguard the price assessment process, PRA seek to verify the accuracy of the information
they receive and when they are unable to do so they retain the right to exclude data and information. In
this way, they guard against false data distorting their assessments. They also undertake many procedures,
both within their own organisations as well as in relation to outside participants. For instance, Platts has
control on the parties that can participate in the window. The companies behind every bid and offer must
be clearly identified with a track record of operational and financial performance and be recognisable in
the market. Trading is closely monitored and those participants that fail to meet editorial standards and/or
a Federal Department or agency.” It remain unclear if the Energy Act encompasses the reporting of false or
misleading information publicly into the market or to private organizations or PRAs.
47
It should be noted that when this is the case, companies who sign contracts linked to PRA prices tend not to use
pricing centres that are illiquid. They know that no matter how well the PRA does their job the price may be volatile
or unresponsive. In many cases, the PRA chooses not to assess a crude or product because the market is too illiquid,
or there are insufficient parameters available to make an assessment based on correlative data points.
48
Intelligent assessment refers to the process of assessing prices in illiquid markets where transactions are not
observable to reporters.
49
Paddy Gourlay “Dated Brent Assessment Sparks Calls For Methodology Change”, Dow Jones Newswires, 30
April 2010
35
make spurious offers and bids are expelled from the window.
50
Concluded transactions between parties
are sometimes subject to verification by the various price reporting agencies; spurious deals are excluded
from the assessment process. PRAs may request documentation for concluded deals such as contract
documentation or other supporting materials such as loading and inspection documents.
51
Another important dimension is compliance procedures within PRAs. The accuracy of the price
assessment will depend primarily on the policies, procedures and training put in place by the PRA. Such
procedures are needed to ensure both internal and external independence and to ascertain that reporters
are following the same rules, reporting procedures and methodology as set out by the RPA. All the
regulations and compliance procedures are designed and enforced internally without being subject to
governments‟ regulations or supervisory oversight. However, in theory, the incentive to self-regulate is
very strong. Any reputational damage due to error of design, fraud, use of insider information, or a market
perception that PRAs are herded by one party would imply a loss of confidence and would eventually
lead to their demise. If PRAs produce regularly inaccurate prices, they will cease to exist because their
subscribers will shift to another service.
52
50
Nevertheless, concerns still arise that such procedures will not stop companies from using the Platts window as a
way of executing a wash trade, or trading only to set the index on index-related deals done earlier in the day. Platts
cannot track every deal down to the contract level and ask for documentary bona fides.
51
It is highly unlikely however that a PRA requesting this information would always receive it, and certainly not in
a timely enough manner to have any impact on price assessments on a given day.
52
One anonymous interviewee noted that in theory this may be true in a competitive environment but not in the case
of oil PRAs where the market is characterised by almost a duopoly.
36
5. The Brent Market and Its Layers
The Brent market in the North Sea assumes a central stage in the current oil pricing system. The prices
generated in the Brent complex constitute the main price benchmarks on the basis of which 70 percent of
international trade in oil is directly or indirectly priced. In the early 1980s, the Brent market only
consisted of the „spot‟ market (known as Dated Brent) and the informal forward physical market. Since
that time, the Brent market has grown in complexity and is currently made up of a large number of layers
including a highly liquid futures and swaps markets in which a variety of financial instruments are
actively traded by a wide range of players. As noted by Horsnell (2000), the Brent market was not pre-
designed and grew more complex according to the needs of market participants.
A number of special features favoured the choice of Brent as a benchmark. The geographic location of the
North Sea which is close to the refining centres in Europe and the US gives it an advantage over other
basins. Brent is waterborne crude and is transferred by tankers to European refiners or, when arbitrage
allows, across the Atlantic Ocean to the US. The introduction of tax regulations on the UK North Sea in
1979 provided oil companies with the incentive to trade and re-trade their output in the spot market which
gave rise to an actively-traded spot market in Brent.
53
Furthermore, in the mid 1980s, the volume of
production of the Brent system was quite large (around 885,000 b/d in 1986) which ensured enough
physical liquidity for trading. But similar bases of physical liquidity could also be found in other regions
of the world, especially in Gulf countries which constitute the largest physical base in the crude oil
markets. Thus, the volume of production, although important, is not the determining factor for a crude oil
to emerge as an international benchmark. An important determinant is the legal, tax, and regulatory
regime operating around any particular benchmark. Brent has the UK government overseeing it and a
robust legal regime. Horsnell and Mabro (1993) identify additional determinants, the most important of
which is ownership diversification. The commodity underlying the forward/futures contracts should be
available from a wide range of sellers. Monopoly of production increases the likelihood of squeezes and
manipulation, increasing in turn the risk exposure of buyers and traders who would be reluctant to enter
the market in the first place (Newbery, 1984). Most countries in OPEC are single sellers and hence OPEC
crudes did not and still do not satisfy this criterion of ownership diversification. Monopoly of production
also prevented the development of a complex market structure in other markets with a larger physical
base such as Mexico. This is in contrast to the Brent market which has always been characterised by a
large number of companies with entitlement to the production of Brent (see Figure 6). The widening of
the definition of the benchmark to include other crude streams over the years has reinforced this aspect
and resulted in an even higher degree of ownership diversification. Another important aspect is the degree
of concentration in the physical delivery infrastructure. Here the degree of concentration is much higher.
For instance, the Forties Pipeline System (FPS) which collects oil and gas liquids from over 50 fields
through a complex set of pipelines is 100% BP-owned.
54
53
See Argus (2010), Argus Guide to Crude and Oil Products Markets, January.
54
BP Website:
https://www.icmmed0ty.com/fps/content/brochure/brochure.asp?sectionid=1
37
Figure 6: Brent Production by Company (cargoes per year), 2007
Source: Bossley, L. (2007), Brent: A User‟s Guide to the Future of the World Price Marker, London: CEAG, p.83.
The Physical Base of North Sea
Crude oil in the North Sea consists of a wide variety of grades which include Brent, Ninian, Forties,
Oseberg, Ekofisk, Flotta, and Statfjord just to mention few. In the early stages of the current oil pricing
system, Brent acted as a representative for North Sea crude oil and price reporting agencies relied on the
trading activity in this grade to identify the price of the benchmark. The Brent is a mixture of oil produced
from separate fields and collected through a main pipeline system to the terminal at Sullom Voe in the
Shetland Islands, UK. From the mid 1980s, the production of Brent started to decline, falling from
885,000 b/d in 1986 to 366,000 b/d in 1990 (see Table 4 below). Low physical production caused
distortions, manipulation, and squeezes leading the Brent price to disconnect from the rest of grades with
far-reaching effects.
55
To avoid potential distortions and squeezes, the Brent system was comingled with
Ninian in 1990 leading to the creation of a new grade known as the Brent Blend while Ninian ceased to
trade as a separate crude stream. The co-mingling of the Brent and the Ninian systems alleviated the
problem of declining production level with the combined production reaching 856,000 b/d in 1992, as
shown in the table below. Thereafter, however, the production of Brent Blend started to decline, falling to
around 400 thousand b/d in 2001. In terms of cargoes, this represented around 20 per month, or less than
one cargo per day.
Table 4: Oil Production By Brent and Ninian System (Thousand Barrels/Day)
1986
1987 1988 1989 1990(a) 1990(b) 1990
1991
1992
Brent System
885
791
734
503
450
320
396
450
547
Ninian System
346
302
373
374
366
345
357
324
309
Total Blend
885
791
734
503
450
665
540
773
856
Notes:
(a) January 1 to July 31 1990 before comingling
(b) August 1 to December 31 1990 after co-mingling
Source: Horsnell and Mabro (2003)
55
See for Instance, Liz Bossley (2003), Battling Benchmark Distortions”, Petroleum Economist, April.
4 2
1
23
1
4
53
5
1
35
2
10
2
2
3
38
1
31
AGIP (ENI)
Amerada HESS
BGGROUP
BPPLC
CHALLENGER
CHEVRONTEXACO
CNR
DANA
DYAS
EXXONMOBIL
ITOCHU
LUNDIN
MARUBENI
MITSUBISHI
PALACE E&P
SHELL
STATOIL ASA
TFE
38
In July 2002, Platts broadened its definition of the benchmark Dated Brent to include Forties (UK North
Sea) and Oseberg (Norway) for assessment purposes and as deliverable grades in the Brent Forward
contract. Forties is a mixture of oil produced from separate fields and collected by pipeline to the terminal
in Hound Point in the UK. Oseberg is a mixture of oil produced from various Norwegian fields and
collected to the Sture terminal in Norway. The new benchmark was known as Brent-Forties-Oseberg
(BFO). The inclusion of these two grades increased the production volume of the benchmark. It also
resulted in the distribution of cargoes over a wider range of companies with none having a dominant
position. However, as seen from the graph below, the production of BFO started its decline, falling from
63 cargoes a month in August 2004 to around 48 cargoes in the first months of 2007. In early 2007, BFO
production amounted to less than 30 million barrels a month, distributed over more than 55 companies.
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