Item 7. Management's Discussion and Analysis of Financial Condition and Results
of Operations
Results of Operations
Discussion of Years Ended December 31, 2007, 2006, and 2005
Because a modified cash basis of accounting is utilized by the Trust, Net
Proceeds attributable to the Underlying Properties for the years ended
December 31, 2007, 2006 and 2005 are derived from actual oil and gas production
from October 1, 2006 through September 30, 2007, October 1, 2005 through
September 30, 2006 and October 1, 2004 through September 30, 2005, respectively.
The following tables set forth oil and gas sales attributable to the Underlying
Properties during the three years ended December 31, 2007.
Bbls of Oil
2007 2006 2005
Chalkley Field 4,027 4,520 5,155
Robinson's Bend Field - - -
Cotton Valley Fields 1,855 1,529 1,852
Austin Chalk Fields 9,229 12,787 15,315
Total 15,111 18,836 22,322
Mcf of Gas
2007 2006 2005
Chalkley Field 976,994 1,102,855 1,226,513
Robinson's Bend Field 1,666,553 1,761,754 1,825,667
Cotton Valley Fields 643,745 664,283 684,434
Austin Chalk Fields 190,591 187,423 177,512
Total 3,477,883 3,716,315 3,914,126
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For the year ended December 31, 2007, net profits income was $4.8 million, as
compared to $7.8 million and $5.8 million for the same periods in 2006 and 2005,
respectively. The decrease in net profits income during 2007 as compared to 2006
is due to lower average oil and gas prices paid to the Trust in 2007 combined
with payments received by the Trust in 2006 with respect to the Robinson's Bend
Field. The increase in net profits income during 2006 as compared to 2005 is due
to higher average gas prices paid to the Trust in 2006 combined with payments
received by the Trust in 2006 with respect to the Robinson's Bend Field.
Commencing with the second quarter of 2003 distribution (pertaining to the
quarter ended March 31, 2003 production) lease operating expenses and capital
expenditures have been deducted in calculating Robinson's Bend Net Proceeds. The
Trust received no payments for distributions to Unitholders with respect to the
Robinson's Bend Field during each of the years ended December 31, 2007 and 2005.
The Trust received approximately $0.6 million in 2006 (pertaining to production
during the twelve month period ended September 30, 2006) for payments for
distributions to Unitholders with respect to the Robinson's Bend Field.
The Robinson's Bend Field Cumulative Deficit (pertaining to production as of
September 30, 2007) is approximately $326,000. Neither the Trust nor Unitholders
are liable to pay such deficit. However, the
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Torch Energy Royalty Trust
Trust will receive no payments with respect to the Robinson's Bend Field until
future proceeds exceed the Robinson's Bend Cumulative Deficit.
Gas production attributable to the Underlying Properties in the Chalkley, Cotton
Valley and Austin Chalk Fields was 1,811,330 Mcf, 1,954,561 Mcf and 2,088,459
Mcf in 2007, 2006 and 2005, respectively. Gas production attributable to the
Underlying Properties in the Robinson's Bend Field was 1,666,553 Mcf, 1,761,754
Mcf and 1,825,667 Mcf in 2007, 2006 and 2005, respectively. Gas production
decreased during each of the years ended December 31, 2007 as a result of normal
production declines. Oil production attributable to the Underlying Properties
for the year ended December 31, 2007 was 15,111 Bbls as compared to 18,836 Bbls
and 22,322 Bbls for the same periods in 2006 and 2005, respectively.
The average price used to calculate Net Proceeds for gas, before gathering,
treating and transportation deductions, during the year ended December 31, 2007
was $4.33 per MMBtu as compared to $5.28 and $4.43 per MMBtu for the years ended
December 31, 2006 and 2005, respectively. The average price used to calculate
Net Proceeds for oil during the years ended December 31, 2007, 2006 and 2005 was
$57.51, $58.56 and $46.14 per Bbl, respectively. When TEMI pays a purchase price
for gas based on the Minimum Price, TEMI receives Price Credits which it is
entitled to deduct in determining the purchase price when the Index Price for
gas exceeds the Minimum Price. As of December 31, 2007, TEMI had no outstanding
Price Credits. No Price Credits were deducted in calculating the purchase price
related to distributions during the three years ended December 31, 2007. See
Item 1. Business and Item 3. Legal Proceedings.
Additionally, if the Index Price for gas exceeds $2.10 per MMBtu, adjusted
annually for inflation ($2.26 per MMBtu, $2.22 per MMBtu and $2.18 per MMBtu for
2007, 2006 and 2005 production, respectively), TEMI is entitled to deduct 50% of
such excess in calculating the purchase price. Such price sharing arrangement
reduced Net Proceeds during the years ended December 31, 2007, 2006, and 2005 by
$7.1 million, $11.1 million and $8.9 million, respectively.
During the years ended December 31, 2007, 2006 and 2005, the Trust was
distributed approximately $400,000 $516,000 and $708,000, respectively, of
Infill Well Proceeds generated from Infill Wells located in the Cotton Valley
Fields.
Lease operating expenses and capital expenditures attributable to the Underlying
Properties in the Chalkley, Cotton Valley and Austin Chalk Fields deducted in
calculating distributions during the years ended December 31, 2007, 2006 and
2005 totaled $2.8 million, $3.0 million and $3.4 million, respectively. The
increase in costs and expenses during the year ended December 31, 2005 as
compared to the years ended December 2007 and 2006 is mainly due to workovers
performed on certain wells in 2005 in the Chalkley, Cotton Valley and Austin
Chalk Fields.
General and administrative expenses during the year ended December 31, 2007 was
$1.2 million as compared to $1.0 million and $0.9 million during each of the
years ended December 31, 2006 and 2005, respectively. The increase in general
and administrative expenses in 2007 as compared to 2006 is mainly due to an
increase during 2007 for legal fees in connection with the termination of the
Trust and for accounting fees in connection with Sarbanes-Oxley compliance.
During each of the three years ended December 31, 2007, general and
administrative expenses primarily relate to administrative services provided by
Torch and the Trustee, legal fees, accounting fees and Unitholder report
printing fees.
For the year ended December 31, 2007, distributable income was $4.1 million, or
$0.48 per Unit, as compared to $7.3 million, or $0.84 per Unit, and
$5.6 million, or $0.65 per Unit, for the same periods in 2006 and 2005,
respectively. Total cash distributions of $4.1 million, or $0.48 per Unit, were
made during the year ended December 31, 2007 as compared to $7.3 million, or
$0.84 per Unit, and $5.6 million, or $0.65 per Unit, for the same periods in
2006 and 2005, respectively.
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Torch Energy Royalty Trust
Net profits received by the Trust during the years ended December 31, 2007, 2006
and 2005, derived from production sold during the twelve months ended
September 30, 2007, 2006 and 2005, respectively, was computed as shown in the
following table (in thousands):
Year Ended December 31,
2007 2006 2005
Chalkley, Chalkley, Chalkley,
Cotton Cotton Cotton
Valley and Valley and Valley and
Austin Robinson's Austin Robinson's Austin Robinson's
Chalk Bend Chalk Bend Chalk Bend
Fields Field Total Fields Field Total Fields Field Total
Oil and gas revenues $ 8,649 $ 6,391 $ 11,409 $ 8,292 $ 10,330 $ 7,258
Direct operating
expenses:
Lease operating
expenses (including
property tax) 2,195 5,986 2,078 6,051 2,126 5,873
Severance tax 741 568 877 797 778 652
2,936 6,554 2,955 6,848 2,904 6,525
Net proceeds before
capital expenditures 5,713 (163 ) 8,454 1,444 7,426 733
Capital expenditures 616 141 929 189 1,302 876
5,097 (304 ) 7,525 1,255 6,124 (143 )
Cumulative Deficit - - - (763 ) - -
5,097 (304 ) 7,525 492
Net profits percentage 95 % - (a) 95 % - (a) 95 % - (a)
Net profits income $ 4,842 $ - $ 4,842 $ 7,149 $ 647 $ 7,796 $ 5,818 $ - $ 5,818
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(a) With respect
to the
Robinson's
Bend Field,
the Trust
received no
cash
distributions
during each
of the years
ended
December 31,
2005 and 2007
(pertaining
to production
during the
twelve months
ended
September 30,
2005 and
2007,
respectively)
and during
the quarter
ended
September 30,
2006
(pertaining
to production
during the
quarter ended
June 30,
2006).
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Torch Energy Royalty Trust
Critical Accounting Policy
Reserve Estimates
The proved reserves of the Trust are estimated quantities of oil and gas which
geological and engineering data demonstrate, with reasonable certainty, to be
recoverable in future years from known reservoirs under existing economic and
operating conditions. The accuracy of any reserve estimate is a function of the
quality of available data, engineering and geological interpretation, and
judgement. For example, estimates are made regarding the amount and timing of
future operating costs, production volumes and severance taxes, all of which may
in fact vary considerably from actual results. In addition, as prices and cost
levels change from year to year, the estimate of proved reserves also change.
Any variance in these assumptions could materially affect the estimated quantity
and value of the Trust's reserves. Independent petroleum engineering firms are
engaged to estimate the Trust's proved hydrocarbon liquid and gas reserves.
Modified Cash Basis
The financial statements of the Trust are prepared on a modified cash basis
although financial statements filed with the Securities and Exchange Commission
are normally required to be prepared in accordance with accounting principles
generally accepted in the United States. Since the operations of the Trust are
limited to the distribution of income from the Net Profits Interests, the item
of primary importance to the reader of the financial statements of the Trust is
the amount of cash distributions to the Unitholders for the period reported.
Item 7a. Quantitative and Qualitative Disclosures About Market Risk
The Trust is exposed to market risk, including adverse changes in commodity
prices. The Trust's assets constitute Net Profits Interests in the Underlying
Properties. As a result, the Trust's operating results can be significantly
affected by fluctuations in commodity prices caused by changing market forces
and the price received for production from the Underlying Properties.
All production from the Underlying Properties during the period applicable to
this report was sold pursuant to a Purchase Contract between TRC, Velasco, and
TEMI. Pursuant to the Purchase Contract, TEMI is obligated to purchase all net
production attributable to the Underlying Properties for an Index Price, less
certain other charges, which are calculated monthly. The Index Price calculation
is based on market prices of oil and gas and therefore is subject to commodity
price risk. The Purchase Contract expired upon termination of the Trust and
provides a Minimum Price paid by TEMI for gas. See Item 1. Business and Item 1A.
Risk Factors relating to the termination of the Trust and the arbitration
proceeding relating to the proper calculation of the Net Profits Interests
payments owed to the Trust following termination of the Trust. The Minimum Price
is adjusted annually for inflation and was $1.83, $1.80 and $1.77 per MMBtu for
2007, 2006 and 2005, respectively. When TEMI pays a purchase price based on the
Minimum Price, it receives Price Credits equal to the difference between the
Index Price and the Minimum Price that it is entitled to deduct when the Index
Price exceeds the Minimum Price. Additionally, if the Index Price exceeds the
Sharing Price, TEMI is entitled to deduct such excess, the Price Differential.
The Sharing Price was $2.26, $2.22 and $2.18 per MMBtu in 2007, 2006 and 2005,
respectively. TEMI has an annual option to discontinue the Minimum Price
commitment. However, if TEMI discontinues the Minimum Price commitment, it will
no longer be entitled to deduct the Price Differential and will forfeit all
accrued Price Credits. TEMI has not exercised its option to discontinue the
Minimum Price Commitment.
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