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Summary
Introduction
Derivatives are financial instruments (contracts) that
do not represent ownership rights in any asset but, rather, derive their
value from the value of some other underlying commodity or other asset.
When used prudently, derivatives are efficient and effective tools for
isolating financial risk and hedging to reduce exposure to
risk.
Although derivatives have been used in American agriculture
since the mid-1800s and are a mainstay of international currency and interest
rate markets, their use in domestic energy industries has come about only
in the past 20 years with energy price deregulation. Under regulation,
domestic petroleum, natural gas, and electricity prices were set by regulators
and infrequently changed. Unfortunately, stable prices were paid for with
shortages in some areas and surpluses elsewhere, and by complex cross-subsidies
from areas where prices would have been lower to areas where prices would
have been higher, with accompanying efficiency costs. Free markets revealed
that energy prices are among the most volatile of all commodities. Widely
varying prices encouraged consumers to find ways to protect their budgets;
producers looked for ways to stabilize cash flow.
Derivative contracts transfer risk, especially price risk,
to those who are able and willing to bear it. How they transfer risk is
complicated and frequently misinterpreted. Derivatives have also been
associated with some spectacular financial failures and with dubious financial
reporting.
The Energy Information Administration prepared this report
at the direction of the Secretary of Energy to provide energy policymakers
with information for their assessment of the state of markets for energy
derivatives. It also indicates how policy decisions that affect the underlying
energy markets, in particular natural gas and electricity transmission
and spot markets, limit or enhance the usefulness of derivatives as tools
for risk management.
Energy Derivatives and Risk Management
This report examines the role of derivatives in managing
some of the risks in the production and consumption of petroleum,
natural gas, and electricity. Price risk management is relatively new
to these industries because for much of their history they have been
regulated. Electricity has not been a thoroughly competitive industry
since the early 1900s. Natural gas and oil pipelines and residential natural
gas prices are still regulated. Operating under government protection,
these industries had little need for risk management before the wave
of deregulation that began in the 1980sabout the same time that
modern risk management tools came into use.
There are five general types of risk that are faced by
all businesses: market risk (unexpected changes in interest rates,
exchange rates, stock prices, or commodity prices), credit/default
risk; operational risk (equipment failure, fraud); liquidity
risk (inability to buy or sell commodities at quoted prices); and political risk (new regulations, expropriation). Businesses operating
in the petroleum, natural gas, and electricity industries are particularly
susceptible to market riskor more specifically, price riskas
a consequence of the extreme volatility of energy commodity prices. Electricity
prices, in particular, are substantially more volatile than other commodity
prices (Table S1).
Price volatility is caused by shifts in the supply and
demand for a commodity. Natural gas and wholesale electricity prices are
particularly volatile, for several reasons. Demand shifts quickly in response
to weather conditions, and surge production is limited and
expensive. In addition, electricity and natural gas often cannot be moved
to areas where there are unexpected increases in demand, and cheap local
storage is limited, especially for electricity. Public policy efforts
to reduce price volatility have focused on increasing both reserve production
capacity and transmission and transportation capability. There has also
been recent emphasis on making real-time prices more visible to users
so that they will reduce their usage when supplies are tight and costs
are high, limiting the size and duration of price spikes.
To the extent that prices vary because of rapid changes
in supply and demand, often associated with severe weather or international
political events, energy price volatility is evidence that markets are
working to allocate scarce supplies to their highest value uses; however,
rapidly changing prices threaten household budgets and financial plans.
In addition, price variation makes investments in energy conservation
and production risky. Investors, whether individuals considering fuel-efficient
hybrid cars or corporations assessing new energy production opportunities,
have difficulty judging whether current prices indicate long-term values
or transient events. Bad timing can spell ruin, and even good investments
can generate large temporary cash losses that must be funded.
To a large extent, energy company managers and investors
can make accurate estimates of the likely success of exploration ventures,
the likelihood of refinery failures, or the performance of electricity
generators. Diversification, long-term contracts, inventory maintenance,
and insurance are effective tools for managing those risks. Such traditional
approaches do not work well, however, for managing price risk.
When energy prices fall, so do the equity values of producing
companies, ready cash becomes scarce, and it is more likely that contract
obligations for energy sales or purchases may not be honored. When prices
soar, governments tend to step in to protect consumers. Thus, commodity
price risk plays a dominant role in the energy industries, and the use
of derivatives has become a common means of helping energy firms, investors,
and customers manage the risks that arise from the high volatility of
energy prices.
Derivatives allow investors to transfer risk to others
who could profit from taking the risk. The person transferring risk
achieves price certainty but loses the opportunity for making additional
profits when prices move opposite his fears. Likewise, the person taking
on the risk will lose if the counterpartys fears are realized. Except
for transactions costs, the winners gains are equal to the losers
losses. Like insurance, derivatives protect against some adverse events.
The cost of the insurance is either forgone profit or cash loses. Because
of their flexibility in dealing with price risk, derivatives have become
an increasingly popular way to isolate cash earnings from price fluctuations.
The most commonly used derivative contracts are forward
contracts, futures contracts, options, and swaps. A forward contract is
an agreement between two parties to buy (sell) a specified quality and
quantity of a good at an agreed date in the future at a fixed price or
at a price determined by formula at the time of delivery to the location
specified in the contract. For example, a natural gas producer may agree
to deliver a billion cubic feet of gas to a petrochemical plant at Henry
Hub, Louisiana, during the first week of July 2005 at a price of $3.20
per thousand cubic feet. Forward contracts between independent generators
and large industrial customers are used extensively in the electricity
industry.
Forward contracts have problems that can be serious at
times. First, buyers and sellers (counterparties) have to find each other
and settle on a price. Finding suitable counterparties can be difficult.
Discovering the market price for a delivery at a specific place far into
the future is also daunting. For example, after the collapse of the California
power market in the summer of 2000, the California Independent System
Operator (ISO) had to discover the price for electricity delivered in
the future through lengthy, expensive negotiation, because there was no
market price for future electricity deliveries. Second, when the agreed-upon
price is far different from the market price, one of the parties may default
(non-perform). As companies that signed contracts with California
for future deliveries of electricity at more than $100 a megawatt found
when current prices dropped into the range of $20 to $40 a megawatt, enforcing
a too favorable contract is expensive and often futile. Third,
one or the other partys circumstances might change. The only way
for a party to back out of a forward contract is to renegotiate it and
face penalties.
Futures contracts solve these problems but introduce some
of their own. Like a forward contract, a futures contract obligates each
party to buy or sell a specific amount of a commodity at a specified price.
Unlike a forward contract, buyers and sellers of futures contracts deal
with an exchange, not with each other. For example, a producer wanting
to sell crude oil in December 2002 can sell a futures contract for 1,000
barrels of West Texas Intermediate (WTI) to the New York Mercantile Exchange
(NYMEX), and a refinery can buy a December 2002 oil future from the exchange.
The December futures price is the one that causes offers to sell to equal
bids to buyi.e., the demand for futures equals the supply. The December
futures price is public, as is the volume of trade. If the buyer of a
December futures finds later that he does not need the oil, he can get
out of the contract by selling a December oil future at the prevailing
price. Since he has both bought and sold a December oil future, he has
met his obligations to the exchange by netting them out.
Table
S2 illustrates how futures contracts can be used both to fix a price
in advance and to guarantee performance. Suppose in January a refiner
can make a sure profit by acquiring 10,000 barrels of WTI crude oil in
December at the current December futures price of $28 per barrel. One
way he could guarantee the December price would be to buy
10 WTI December contracts. The refiner pays nothing for the futures contracts
but has to make a good-faith deposit (initial margin) with
his broker. NYMEX currently requires an initial margin of $2,200 per contract.
During the year the December futures price will change in response to
new information about the demand and supply of crude oil.
In the example, the December price remains constant until
May, when it falls to $26 per barrel. At that point the exchange pays
those who sold December futures contracts and collects from those who
bought them. The money comes from the margin accounts of the refiner and
other buyers. The broker then issues a margin call, requiring
the refiner to restore his margin account by adding $20,000 to it.
This marking to market is done every day and
may be done several times during a single day. Brokers close out parties
unable to pay (make their margin calls) by selling their clients
futures contracts. Usually, the initial margin is enough to cover a defaulting
partys losses. If not, the broker covers the loss. If the broker
cannot, the exchange does. Following settlement after the first change
in the December futures price, the process is started anew, but with the
current price of the December future used as the basis for calculating
gains and losses.
In September, the December futures price increases to $29
per barrel, the refiners contract is marked to market, and he receives
$30,000 from the exchange. In October, the price increases again to $35
per barrel, and the refiner receives an additional $60,000. By the end
of November, the WTI spot price and the December futures price are necessarily
the same, for the reasons given below. The refiner can either demand delivery
and buy the oil at the spot price or sell his contract. In
either event his initial margin is refunded, sometimes with interest.
If he buys oil he pays $35 per barrel or $350,000, but his trading profit
is $70,000 ($30,000 + $60,000 - $20,000. Effectively, he ends up paying
$28 per barrel [($350,000 - $70,000)/ 10,000], which is precisely the
January price for December futures. If he sells his contract
he keeps the trading profit of $70,000.
Several features of futures are worth emphasizing. First,
a party who elects to hold the contract until maturity is guaranteed the
price he paid when he initially bought the contract. The buyer of the
futures contract can always demand delivery; the seller can always insist
on delivering. As a result, at maturity the December futures price for
WTI and the spot market price will be the same. If the WTI price were
lower, people would sell futures contracts and deliver oil for a guaranteed
profit. If the WTI price were higher, people would buy futures and demand
delivery, again for a guaranteed profit. Only when the December futures
price and the December spot price are the same is the opportunity for
a sure profit eliminated.
Second, a party can sell oil futures even though he has
no access to oil. Likewise a party can buy oil even though he has no use
for it. Speculators routinely buy and sell futures contracts in anticipation
of price changes. Instead of delivering or accepting oil, they close out
their positions before the contracts mature. Speculators perform the useful
function of taking on the price risk that producers and refiners do not
wish to bear.
Third, futures allow a party to make a commitment to buy
or sell large amounts of oil (or other commodities) for a very small initial
commitment, the initial margin. An investment of $22,000 is enough to
commit a party to buy (sell) $280,000 of oil when the futures price is
$28 per barrel. Consequently, traders can make large profits or suffer
huge losses from small changes in the futures price. This leverage has been the source of spectacular failures in the past.
Futures contracts are not by themselves useful for all
those who want to manage price risk. Futures contracts are available for
only a few commodities and a few delivery locations. Nor are they available
for deliveries a decade or more into the future. There is a robust
business conducted outside exchanges, in the over-the-counter (OTC) market,
in selling contracts to supplement futures contracts and better meet the
needs of individual companies.
An option is a contract that gives the buyer of the contract
the right to buy (a call option) or sell (a put option) at a specified
price (the strike price) over a specified period of time.
American options allow the buyer to exercise his right either to buy or
sell at any time until the option expires. European options can be exercised
only at maturity. Whether the option is sold on an exchange or on the
OTC market, the buyer pays for it up front. For example, the option to
buy a thousand cubic feet of natural gas at a price of $3.60 in December
2002 may cost $0.73. If the price in December exceeds $3.60, the buyer
can exercise his option and buy the gas for $3.60. More commonly, the
option writer pays the buyer the difference between the market price and
the strike price. If the natural gas price is less than $3.60, the buyer
lets the option expire and loses $0.73. Options are used successfully
to put floors and ceilings on prices; however, they tend to be expensive.
Swaps (also called contracts for differences) are the most
recent innovation in finance. Swaps were created in part to give price
certainty at a cost that is lower than the cost of options. A swap contract
is an agreement between two parties to exchange a series of cash flows
generated by underlying assets. No physical commodity is actually transferred
between the buyer and seller. The contracts are entered into between the
two counterparties, or principals, outside any centralized trading facility
or exchange and are therefore characterized as OTC derivatives.
Because swaps do not involve the actual transfer of any
assets or principal amounts, a base must be established in order to determine
the amounts that will periodically be swapped. This principal base is
known as the notional amount of the contract. For example,
one person might want to swap the variable earnings on a million
dollar stock portfolio for the fixed interest earned on a treasury bond
of the same market value. The notional amount of this swap is $1 million.
Swapping avoids the expense of selling the portfolio and buying the bond.
It also permits the investor to retain any capital gains that his portfolio
might realize.
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Figure
S1 illustrates an example of a standard crude oil swap. In the example,
a refiner and an oil producer agree to enter into a 10-year crude oil
swap with a monthly exchange of payments. The refiner (Party A) agrees
to pay the producer (Party B) a fixed price of $25 per barrel, and the
producer agrees to pay the refiner the settlement price of a futures contract
for NYMEX light, sweet crude oil on the final day of trading for the contract.
The notional amount of the contract is 10,000 barrels. Under this contract
the payments are netted, so that the party owing the larger payment for
the month makes a net payment to the party owing the lesser amount. If
the NYMEX settlement price on the final day of trading is $23 per barrel,
Party A will make a payment of $2 per barrel times 10,000, or $20,000,
to Party B. If the NYMEX price is $28 per barrel, Party B will make a
payment of $30,000 to Party A. The 10-year swap effectively creates a
package of 120 cash-settled forward contracts, one maturing each month
for 10 years.
So long as both parties in the example are able to buy
and sell crude oil at the variable NYMEX settlement price, the swap guarantees
a fixed price of $25 per barrel, because the producer and the refiner
can combine their financial swap with physical sales and purchases in
the spot market in quantities that match the nominal contract size. All
that remains after the purchases and sales shown in the inner loop cancel
each other out are the fixed payment of money to the producer and the
refiners purchase of crude oil. The producer never actually delivers
crude oil to the refiner, nor does the refiner directly buy crude oil
from the producer. All their physical purchases and sales are in the spot
market, at the NYMEX price. Figure
S2 shows the acquisition costs with and without a swap contract.
Many of the benefits associated with swap contracts are
similar to those associated with futures or options contracts.1 That is, they allow users to manage price exposure risk without having
to take possession of the commodity. They differ from exchange-traded
futures and options in that, because they are individually negotiated
instruments, users can customize them to suit their risk management activities
to a greater degree than is easily accomplished with more standardized
futures contracts or exchange-traded options.2 So, for instance, in the example above the floating price reference for
crude oil might be switched from the NYMEX contract, which calls for delivery
at Cushing, Oklahoma, to an Alaskan North Slope oil price for delivery
at Long Beach, California. Such a swap contract might be more useful for
a refiner located in the Los Angeles area.
Although swaps can be highly customized, the counterparties
are exposed to higher credit risk because the contracts generally are
not guaranteed by a clearinghouse as are exchange-traded derivatives.
In addition, customized swaps generally are less liquid instruments, usually
requiring parties to renegotiate terms before prematurely terminating
or offsetting a contract.
Oil and Natural Gas Markets: A Growing Role for Derivatives
Diversification and insurance are the major tools for managing
exploration risk and protecting firms from property loss and liability.
Firms manage volume risknot having adequate suppliesby maintaining
inventories or acquiring productive assets. Derivatives are particularly
appropriate for managing the price risk that arises as a result of highly
volatile prices in the petroleum and natural gas industries. The typical
price risks faced by market participants and the standard derivative contracts
used to manage those risks are shown in Table
S3.
The growth in trading of petroleum and natural gas contracts
has been tremendous. For example, the monthly volume of energy-related
futures contracts on the NYMEX has grown from approximately 170,000 contracts
per month in January 1982 to 7 million contracts per month in January
2000. Today, energy products are the second most heavily traded category
of futures contracts on organized exchanges, after financial products.
In addition to exchange-traded contracts, many energy companies enter
into OTC forward contracts or swaps to manage price risk.
The Internet is responsible for the latest innovation in
energy trading. In November 1999, EnronOnline was launched to facilitate
physical and financial trading. EnronOnline was a principal-based exchange
in which all trades were done with Enron as the counterparty. As a consequence,
Enrons perceived creditworthiness was crucial to its ability to
operate EnronOnline.
After the launch of EnronOnline, several other online exchanges
quickly followed, including IntercontinentalExchange (ICE), which was
backed by major producers and financial services companies, and TradeSpark,
which was backed by major electric utilities, traders, and gas pipeline
companies. Both ICE and TradeSpark provide electronic trading platforms
offering registered users anonymity for posting prices and executing trades.
Unlike EnronOnline, they do not take trading positions. ICE offers swaps
on crude oils other than Brent and West Texas Intermediate and on refined
products in numerous locations, to complement the futures contracts trading
of NYMEX and the International Petroleum Exchange (IPE). The bulletin
boards also are doing a brisk business in physical trades, despite the
fact that several have ceased operations in recent months.
Because natural gas pipelines (and electric power lines)
have essentially no competitors, frustrated customers cannot buy supplies
off system. In addition, it is difficult to achieve competitive
transmission pricing in networks. Changes in transmission charges (measured
as the difference in prices between locations), therefore, do not necessarily
reflect changes in marginal cost, nor do they reliably induce investment
in congestion-relieving capacity. Over a given year, the variation in
transmission charges to locations physically connected to Henry Hub can
vary between one-half and twice the average charge itself. To the extent
that the variation in transmission charges is solely the result of recurrent
bottlenecks, new capacity could make transmission charges more predictable
by relieving congestion. Until that happens, the uncertainty about transmission
charges will make large trades hard to execute and limit the usefulness
of derivatives for local markets.
All available evidence indicates that the oil industry
has successfully used derivatives to manage risk. Natural gas derivatives
based on the Henry Hub price are well established. For local gas markets
where there is a predictable difference between the local price and the
Henry Hub price, customers can use Henry Hub contracts with premiums or
discounts to manage local price risk. Unfortunately, price differences
are not predictable for many local gas markets, because natural gas (and
electricity) markets are not integrated to the same extent as petroleum
markets.
Derivative traders are competing vigorously for business,
evidence that risk is being transferred to those who profit from bearing
it at competitive rates. However, continuing problems with the reporting
of natural gas price data and with pipeline transmission costs may be
denying the benefits of derivatives to many potential users.
Electricity Markets: Limited Success for Derivatives
So Far
The electricity generation industry is the latest to be
deregulated, and participants have discovered that they are subject to
wholesale price swings even greater than in the oil and gas markets. Before
deregulation, electric utilities were guaranteed the ability to recover
reasonable costs incurred in providing service to their customers. As
a result, they had no need to hedge against unforeseen price risks. Consumers
paid for stable prices in the form of higher average prices due to excess
capacity, inappropriate technology, and inefficient operations.
As in the petroleum and natural gas industries, the opening
of electricity generation markets to competition has exposed firms to
greater price uncertainty, and market participants have tried to turn
to derivative contracts to deal with the price risk. Unlike the oil and
gas markets, derivatives in electricity markets have not met with a great
deal of success. NYMEX began offering electricity derivatives in March
1996, and the Chicago Board of Trade and the Minneapolis Grain Exchange
have also offered electricity derivatives. NYMEX had the most success,
at one point listing six different futures contracts. Trading in electricity
futures and options contracts peaked in the fall of 1998; however, by
the fall of 2000 most activity had ceased. Today no electricity contracts
are listed on the regulated exchanges.
Although futures and exchange-listed options failed in electricity markets,
the trading of other derivative contracts continues. Commonly used electricity
derivatives traded in OTC markets include forward contracts, swaps, and
options. Aggregate data on the overall size of the OTC market in electricity-related
derivatives do not exist; however, anecdotal evidence from the trade press
and market participants indicates significant interest in their use and
trading. Other, tangential derivatives for managing risk are being used
in the industry, including emissions trading, weather derivatives, and
outage derivatives.
Many of the current problems with electricity derivatives
result from problems in the underlying physical market for electricity.
Until the market for the underlying commodity is working well, it is difficult
for a robust derivatives market to develop. Competitive electricity markets
require competitive, robust transmission markets. A physical grid that
has sufficient capacity to move large amounts of cheap power to force
down prices in areas where they are high fosters competition; however,
creating competitive transmission markets has proven particularly difficult.
Competitive transmission charges are the marginal cost of moving power.
Except in a few locations, transmission charges are currently set arbitrarily
with no regard to the systems marginal cost. Many States actively
discourage transmission of their cheap power to higher cost areas in neighboring
States. Similarly, high-cost suppliers have not been anxious for lower
cost supplies to be imported into their territory. The result
is a balkanized marketplace, where trade does not discipline electricity
prices.
In addition to structural obstacles and regulatory uncertainties,
deregulation of electricity generation and the development of truly competitive
spot markets are hindered by the nature of electricity as a commodity,
the extreme volatility of wholesale prices, the balkanization of the existing
spot markets, and a lack of price transparency.
Unlike many commodities, electricity is expensive to store.
As a result, it is consumed the instant it is produced, and any excess
is dissipated. Standard risk management textbooks provide numerous formulas
for valuation of derivative contracts on storable assets, but none that
apply to non-storable commodities. As a consequence, risk managers have
difficultly valuing the risk associated with electricity derivatives.
The extreme volatility of wholesale electricity prices
is due to the rapid increase in marginal generation cost for near capacity
operations, combined with the lack of customer demand response to wholesale
price changes. With very few exceptions, the retail price customers see
does not vary with the wholesale price (marginal cost) of electricity.
When demand and marginal generation costs are high, retail prices do not
increase. Likewise, when demand and generation costs are low, retail prices
do not decrease. Consequently, customers consume too much when supplies
are stressed and too little when supplies are ample. Compared to a competitive
market, electricity wholesale prices increase too much in periods of tight
supplies and fall too much in surplus. Moreover, because retail price
increases do not limit demand, regulated suppliers have to maintain expensive
excess capacity to meet infrequent demand peaks.
The complexity of electricity markets and their limited
price transparency have created an environment that allows market participants
to guess the behavior of others and game the system. The task
of valuing (pricing) derivatives is further complicated to the extent
that gaming affects prices. The California ISO rules explicitly prohibit
such behavior.
Whether gaming in the California market reflected efforts
to make money within the rules or efforts to affect prices outside the
rules is currently an open question.3 Analysts
also continue to debate whether gaming affected California electricity
prices.4 Markets for derivatives would be adversely
affected only if the market and futures prices of electricity changed
unexpectedly because of gaming.
The Federal Energy Regulatory Commission (FERC) has taken
two recent steps to encourage competitive wholesale electricity markets.
On January 6, 2000, FERC published Order 2000 requiring . . . all
transmission owning entities in the Nation, including non-public utility
entities, to place their transmission facilities under the control of
appropriate regional transmission institutions [RTOs] in a timely manner.5 The purpose of this order was to encourage trade and competition by ensuring
open, equal access to transmission within large areas. On July 31, 2002,
FERC issued a notice of Proposed Rulemaking (NOPR) to establish a Standard
Market Design that would apply to all public utilities that own,
control or operate transmission facilities . . . .6 This NOPR would ensure that all areas have similar market rules, particularly
in regard to spot electricity markets and transmission pricing.
If these initiatives are successful, they will go a long
way toward making wholesale electricity markets more competitive. However,
neither the Order nor the NOPR requires that retail customers be exposed
to changing wholesale prices. Until then, either wholesale electricity
prices will remain volatile or the industry will have to maintain significant
excess capacity.
Accounting for Derivatives
There are a number of accounting issues related to derivatives
that have existed and been debated for some time:
- How should a derivative be accounted for when its value at inception
may be very small or zero but may vary greatly over a potentially long
lifetime?
- If the derivative is being used to hedge a physical asset or commitment
to buy or sell a physical asset, how should such hedged positions be
accounted for?
- Once an accounting method has been agreed to, what is the appropriate
methodology to use in valuing the derivative, particularly when long
maturities are involved?
After 6 years of deliberation, the Financial Accounting
Standards Board (FASB) issued Statement 133, Accounting for Derivative
Instruments and Hedging Activities, in June 1998. Statement 133 was
subsequently amended by Statement 137 in June 1999 and Statement 138 in
June 2000. In developing these statements, the FASB identified four problem
areas under previous accounting conventions:
- The effects of derivatives were not transparent in basic financial
statements.
- Accounting guidance for derivative instruments and hedging activities
was incomplete.
- Accounting guidance for derivative instruments and hedging activities
was inconsistent.
- Accounting guidance for derivatives and hedging was difficult to
apply.
The statement issued by FASB addresses each of these shortcomings.
First, the visibility, comparability, and understandability of the risks
associated with derivatives are increased by the requirement that all
derivatives be reported as assets or liabilities and measured at fair
value. Second, inconsistency, incompleteness, and the difficulty of applying
previous accounting guidance and practice were reduced by the provision
of guidance for all derivatives and hedging activities. Third, the statement
accommodates a range of hedge accounting practices by permitting hedge
accounting for most derivative instruments, including cash flow hedges
of expected transactions. Further, the statement eliminates the requirement
that an entity demonstrate risk reduction on an entity-wide basis to qualify
for hedge accounting. These changes have the effect of reducing uncertainty
about accounting requirements and may therefore encourage wider use of
derivatives to manage risk.
Although Statement 133 is comprehensive and rigorous, it
is also new. Its limits undoubtedly will be tested as publicly traded
companies reporting to their shareholders gain familiarity with its complexity.
At least one aspect of accounting practiceestimation of the fair
value of derivativescould prove problematical. Statement 133 holds
that market prices should be used to measure fair value (mark-to-market
valuation); however, when there are no market values for either the derivative
or the underlying commodity (such as electricity that is to be supplied
5 years in the future), the guidance from the statement is more general
than concrete. Market values are to be estimated, usually by means of
models. Hence, the term mark-to-model is often used to describe
these valuations.
Because Statement 133 does not restrain the firms
choice of assumptions and models for making estimates of market values,
different companies could report a wide range of values for the same derivative.
The variance surrounding such estimates could be so large as to seriously
impair their credibility. Indeed, mark-to-model has taken
on a pejorative connotation. Valuation techniques might well be the subject
of future opinions and standards issued by the accounting authorities.
Economic Impacts
There are a number of questions about the actual economic
impacts of derivatives: Do they make the underlying energy commodity markets
more volatile? Do they lower the cost of capital or encourage investment?
Do they simply transfer private risk to the public?
The effects of derivatives on the volatility of underlying
commodity prices have been one of the most intensively studied subjects
in finance. One recent study reviewed more than 150 published analyses
on the subject.7 With a very few exceptions, the
available research suggests that the use of derivatives has either reduced
or had no effect on price volatility.
Derivatives are often used to hedge (insure) against adverse
or ruinous financial outcomes. Firms incur costs when they are in financial
duress or bankruptcy. To the extent that companies avoid such costs by
hedging, the use of derivatives could increase the profitability of a
given investment and make it more attractive. Consistent with that interpretation,
several recent studies have found that firms more likely to face financial
duress are also more likely to use derivatives to hedge. Smaller and medium-sized
firms in the oil and gas industry that cannot limit price risk by integrating
their operations and diversifying are particularly likely to benefit from
the use of derivatives.
A 2001 study by Allayannis and Weston found that hedging
activity increases the value of the firm. Specifically, they used a sample
of firms that faced currency risk directly because of foreign sales or
indirectly because of import competition. They found that firms with sales
in foreign countries that hedged with currency derivatives had a 4.87-percent
higher firm value (hedging premium) than similar firms that did not use
derivatives.8 Firms that did not have foreign
sales but faced currency risk indirectly had a smaller, but statistically
insignificant, hedging premium. The study also found evidence that after
firms began hedging, their market value increased, and that after firms
quit hedging, their value fell. Thus, there is evidence that hedging increases
the value of the firm and, by implication, increases investment.
Although derivatives meet legitimate needs, they have also
been implicated in tremendous losses. For example, Orange County, California,
lost $1.7 billion in 1993; Metallgesellschaft lost about $1.3 billion
in 1993 in energy trading; and in 1998 the Federal Reserve Bank of New
York organized a rescue of Long Term Capital Management in order to avoid
disrupting international capital markets. And in 2001 Enron became at
that time the largest bankruptcy in American history. Enron was a large
user and promoter of derivative contracts. Although Enrons failure
was not caused by derivatives, its demise raised significant concerns
about counterparty (credit) risk and financial reporting in many energy
companies.
A reasonable question, then, is whether the benefits conferred
by derivatives are sufficient to compensate for their occasional, but
probably inevitable, misuse. Derivatives, properly used, are generally
found to be beneficial. They can allow a firm to invest in worthwhile
projects that it otherwise would forgo. In addition, they rarely if ever
increase volatility in spot markets. Nor have they been shown historically
in oil markets to be a major tool for market manipulation. As recent history
makes clear, however, derivatives have been associated with spectacular
financial failures and, possibly, fraud.
Prospects for Energy Derivatives
Derivatives have proven to be useful in the petroleum and
natural gas industries, and they still are being used in the electricity
industry despite the setbacks discussed above. They probably would be
used more extensively if financial and market data were more transparent.
Managers may limit derivative use because their presence in company accounts
is troubling to some classes of investors. In addition, the lack of timely,
reliable spot price and quantity data in most markets makes it difficult
and expensive for traders to provide derivatives to manage local risks.
More fundamentally, the effectiveness of derivatives is
dependent upon the nature of the underlying commodity market. Commodity
markets with large numbers of informed buyers and sellers, each with multiple
means of moving the commodity to where it is needed, support derivative
markets. Derivatives for managing local price risks can then be based
on the overall market price with relatively small, predictable adjustments
for moving the commodity to local users. Federal energy policy has a significant
impact on competitors access to transportation (transmission), on
the volatility of transmission charges, and therefore on derivative markets.
Price risk managers in natural gas markets have to contend
with frequent, unexpected, and large changes in the difference between
prices in physically connected markets. The effect of highly variable
price spreadsthe transmission chargebetween areas is to subdivide
the national market into multiple small pricing hubs. New pipeline construction
and capacity additions should eventually promote more competition in the
markets they serve by relieving the congestion that may account for some
of the variation in price spreads. Until then, market fragmentation will
make it hard and relatively expensive to protect against local price variation.
The prospects for the growth of an active electricity derivatives
market are tied to the course of industry restructuring. Until the electricity
spot markets work well, the prospects for electricity derivatives are
limited.
Summary - Tables 
Sources
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