By Dan Bacher, THE DAILY KOS
Los Angeles, CA—The third quarter report to shareholders by Valero Energy Corporation shows it made 70% more per gallon in California than in any other region of the U.S. or the globe that it operates in, according to a press statement from Consumer Watchdog today.
Headquartered in San Antonio, Texas, the corporation operates 15 refineries in the U.S., Canada and U.K.
Consumer Watchdog called for the California Energy Commission to expedite the process for setting a price gouging penalty under a new law passed this year, SBx1 2.
“It is time for the California Energy Commission to put its foot on the gas and set a price-gouging penalty on big refiners ripping us off at the pump,” said Consumer Advocate Liza Tucker. “It is time for the state to prevent refiners from using us as one big ATM.”
Valero, one of the five big California refiners that control nearly the entire gasoline market, reported net profits of $2.6 billion this quarter, down a tick from $2.8 billion the year before, according to Tucker. Its refining sector reported third quarter operating income of $3.4 billion, down from $3.8 billion the year before: investorvalero.com/…
“3rd quarter gross refining margins of 78 cents per gallon were eye-popping on the West Coast, far higher than in any other of Valero’s operating regions,” she stated. “Valero reported margins on Gulf Coast at 41 cents; at 49 cents for the U.S. Mid-Continent; and 48 cents for the North Atlantic.”
“The West Coast gross refining margin also blew past Valero’s 60 cents per gallon reported in the third quarter of 2022. Valero only has West Coast refineries in California,” Tucker pointed out.
The gross refining margins reported to investors understate the gasoline profits as jet fuel and diesel are included, according to Tucker.
“Data reported by refiners to the California Energy Commission shows the average gross refining margin from all refiners in California just for gasoline was $1.29 per gallon in August, double the January margin of 66 cents, and has been over $1.00 per gallon since February,” she said. See: https://www.energy.ca.gov/data-reports/energy-almanac/californias-petroleum-market/california-oil-refinery-cost-disclosure
Senate Bill (SB) 1322 requires all refiners of gasoline products in the state to provide monthly data about various price and volume information. The California Energy Commission (CEC) must publish aggregated, volume weighted reports of this data, within 45 days of the end of each calendar month
Historically, over the past two decades through 2021, shareholder reports show refiners did not exceed a gross refining margin of 50 cents per gallon—except three times by Chevron. See: https://seuc.senate.ca.gov/sites/seuc.senate.ca.gov/files/02-22-23_court_presentation.pdf
In 2022, all five refiners breached that 50-cent per gallon windfall profit barrier, noted Tucker. This data is corroborated by a recent report by the California Energy Commission looking back ten years based on OPIS data. See: https://consumerwatchdog.org/wp-content/uploads/2023/10/Item_09_OIIP_Refiner_Margin_Penalty_ada.pdf
“Last year, legislation empowered the California Energy Commission to form a special division to investigate gas prices in California and to set a price-gouging penalty, which Governor Newsom has called for. Last week, the Commission voted to begin such a proceeding that first involves the gathering of accurate data from refiners. SB 1322 requires refiners to report their margins to the regulator that then posts them on its website,” said Tucker.
WSPA and Big Oil pump Big Money into influencing California regulators
As Valero made 70% more per gallon in California than in any other region of the U.S. or the globe that it operates in, oil and gas drilling continues in “green” California, the seventh largest oil producing state in the nation. The Newsom adminstration has approved a total of 15,722 new and reworked oil wells since January 2019.
This year CalGEM, the state’s oil and gas regulator, “has gone rogue, approving hundreds of oil permits in vulnerable communities breathing poisonous emissions from both active and idle wells,” reported Consumer Watch and FracTracker Alliance. For a complete permit update, see: https://newsomwellwatch.com
Why do California regulators continue to approve hundreds of new and reworked oil drilling permits each quarter as oil companies like Valero gouge Californians at the pumps?
It’s all due to deep regulatory capture by Big Oil and Big Gas in the “green” and “progressive” state of California. The Western States Petroleum Association (WSPA), Chevron and the oil companies exercise their influence and power through a very sophisticated public relations machine in California and the U.S.
WSPA describes itself as “non-profit trade association” that represents companies that account for the bulk of petroleum exploration, production, refining, transportation and marketing in Arizona, California, Nevada, Oregon, and Washington. WSPA’s headquarters is located right here on L Street in Sacramento.
Catherine Reheis-Boyd, the President and CEO of WSPA, is the former chair of the Marine Life Protection Act (MLPA) Initiative Blue Ribbon Task Force for the South Coast to create “marine protected areas” in the same region that she was lobbying for new offshore drilling.
Since 2009 I have documented how WSPA and the oil companies wield their power in 8 major ways: through (1) lobbying; (2) campaign spending; (3) serving on and putting shills on regulatory panels; (4) creating Astroturf groups; (5) working in collaboration with media; (6) sponsoring awards ceremonies and dinners, including those for legislators and journalists; (7) contributing to non profit organizations; and (8) creating alliances with labor unions, mainly construction trades.
The oil and gas industry spent over $34.2 million in the 2021-22 Legislative Session lobbying against SB 1137, legislation to mandate 3200 foot buffer zones around oil and gas wells, and other bills they were opposed to: cal-access.sos.ca.gov/…
For the oil companies, this was just pocket change when you consider that combined profits of California oil refiners, including PBF Energy, Chevron, Marathon Petroleum, Valero, and Phillips 66, were $75.4 billion in 2022.
The two biggest spenders were WSPA and Chevron. WSPA spent $11.7 million in the 2021-22 session, while Chevron spent a total of $8.6 million lobbying California officials.
Lobbying disclosures from Quarter 2 of 2023 reveal that oil companies and trade associations spent more than $3 million lobbying and a grand total of $4,085,639.57 in just three months to shape policymaking efforts in its favor in California. That brings the total spent by Big Oil and WSPA to over $13.4 million total in the first six months of 2023, putting them on track to exceed the 2022 expenditure of $18 million.
Chevron topped the lobbying expenses with $1,139,130, while WSPA placed second with $716,824.
The latest disclosures follow the $9.4 million that Big Oil spent to influence the California Legislature, Governor’s Office and agencies in the first quarter of 2023. Chevron came in first with over $4.9 million spent in the first quarter, while the WSPA finished second with over $2.3 million and Aera Energy finished third with nearly $628,000.
Background: California Oil Refinery Cost Disclosure Act Monthly Report
Senate Bill (SB) 1322 requires all refiners of gasoline products in the state to provide monthly data about various price and volume information. The California Energy Commission (CEC) must publish aggregated, volume weighted reports of this data, within 45 days of the end of each calendar month.
Specifically, SB 1322 requires the CEC to publish the following information from the refinery operators’ monthly reports:
- A volume weighted gross gasoline refining margin for the state.
- The gross gasoline refining margin for each refinery with two or more refining facilities in the state.
- Volume and price of domestic and imported crude oil.
- The breakdown of five types of sales required to be reported by refiners and associated volumes, prices per gallon, and actual or estimated costs associated with the Low Carbon Fuel Standard (LCFS) and Cap and Trade programs.
SB X1-2, which took effect June 2023, expands the monthly reports to require refinery operators to provide net gasoline refining information. For more information, please visit Senate Bill X1-2 Implementation.
The data below complies with the CEC’s requirements to post the data as reported by the refiners. CEC continues to investigate the reported numbers. Additional findings, recalculations, further analysis, revised data, or other conclusions will be publicized here as we continue to verify the reported data.
Refiner Margin Data
Data last updated: October 18, 2023.
On October 3, 2023, the California Energy Commission published new petroleum market data showing the net gasoline refining information for California refiners. Volume-weighted average California gross refiner margin, net refiner margin, and numbers in the “Aggregated Data Reported” section are all calculated using information obtained from all six refinery companies. Gross and net margins reported by refinery company only reflect information from California refiners with two or more facilities which are Chevron, Valero, PBF, and Phillips 66.
The data show that in August, California refineries produced and sold 950,529,000 gallons of gasoline for a total estimated profit of $228,126,960.*
CEC staff will continue to collect and report refiner information on a monthly basis in order to analyze long-term trends as part of its assessment of setting a maximum gross refining margin and penalty for exceeding that maximum, as allowed by SB X1-2.
* Based on data reported by California refiners. The total profit estimate does not include spot pipeline transaction sales and may be considered a conservative estimate as a result.