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Valero Records Loss Contingency Accrual for Aruba Tax Dispute and Updates Earnings Release Tables
Thursday, November 05, 2009 5:07 PM


Nov. 5, 2009 (Business Wire) -- Valero Energy Corporation (NYSE: VLO) announced today that, on Nov. 3, an arbitration panel in the Netherlands handed down an interim decision on certain issues in dispute between Valero and the Government of Aruba. The panel ruled favorably on Valero’s existing exemption from income tax liability for refining operations through 2010. Two other items in the arbitration – the applicable dividend tax rate and the turnover tax – were not fully resolved in the panel’s decision and remain subject to further review. Valero continues to believe that its remaining claims against these taxes have significant merit, and intends to vigorously pursue these claims through the arbitration proceedings and in proceedings in Aruba.

Valero had not recognized any expense or liability with respect to these matters in its consolidated financial statements or in the company’s third quarter earnings release issued Oct. 27, 2009. Due to the uncertain timing of the panel’s final ruling, the company has recorded a loss contingency accrual of approximately $140 million, or $(0.25) per share, in its financial results for the quarter ended Sept. 30, 2009. The accrual includes all material liabilities through Sept. 30, 2009 associated with the arbitration.

The company has filed its Form 10-Q for the quarter ended Sept. 30, 2009 and has reflected these amounts in the company’s financial statements. A more detailed discussion of these matters is included in Note 14 of the company’s financial statements on Form 10-Q. The company’s third quarter 2009 earnings release tables have been updated to reflect this accrual. The updated tables are attached to this press release.

About Valero:

Valero Energy Corporation is a Fortune 500 company based in San Antonio with approximately 22,000 employees and 2008 revenues of $119 billion. The company owns and operates 16 refineries throughout the United States, Canada and the Caribbean with a combined throughput capacity of approximately three million barrels per day, making it the largest refiner in North America. Valero is also a leading ethanol producer with seven ethanol plants in the Midwest with a combined capacity of 780 million gallons per year, and is one of the nation’s largest retail operators with approximately 5,800 retail and branded wholesale outlets in the United States, Canada and the Caribbean under the Valero, Diamond Shamrock, Shamrock, Ultramar, and Beacon brands. Please visit www.valero.com for more information.

VALERO ENERGY CORPORATION AND SUBSIDIARIES
EARNINGS RELEASE
(Millions of Dollars, Except per Share, per Barrel, and per Gallon Amounts)
(Unaudited)
 
 
        Three Months Ended   Nine Months Ended
September 30, September 30,
2009 (1)   2008 (2) 2009 (1)   2008 (2)
STATEMENT OF INCOME DATA:
Operating Revenues (3) $ 19,489   $ 35,960   $ 51,238   $ 100,545  
 
Costs and Expenses:
Cost of Sales 18,104 32,506 46,275 91,848
Operating Expenses 923 1,136 2,778 3,383
Retail Selling Expenses 182 201 522 579
General and Administrative Expenses 167 169 435 421
Depreciation and Amortization Expense 389 370 1,156 1,106
Asset Impairment Loss (4) 417 43 575 43
Gain on Sale of Krotz Springs Refinery (2)   -     (305 )   -     (305 )
Total Costs and Expenses   20,182     34,120     51,741     97,075  
 
Operating Income (Loss) (693 ) 1,840 (503 ) 3,470
 
Other Income (Expense), Net 9 36 (16 ) 71
 
Interest and Debt Expense:
Incurred (149 ) (112 ) (386 ) (335 )
Capitalized   19     31     95     74  
 
Income (Loss) Before Income Tax Expense (Benefit) (814 ) 1,795 (810 ) 3,280
 
Income Tax Expense (Benefit)   (185 )   643     (236 )   1,133  
 
Net Income (Loss) $ (629 ) $ 1,152   $ (574 ) $ 2,147  
 
 
Earnings (Loss) per Common Share (5) $ (1.12 ) $ 2.20 $ (1.08 ) $ 4.07
 
Weighted Average Common Shares
Outstanding (in millions) 561 522 534 526
 
Earnings (Loss) per Common Share - Assuming Dilution $ (1.12 ) $ 2.18 $ (1.08 ) $ 4.02
 
Weighted Average Common Shares Outstanding-

Assuming Dilution (in millions) (6)

561 529 534 535
 
September 30, December 31,
2009 2008
BALANCE SHEET DATA:
Cash and Temporary Cash Investments $ 1,605 $ 940
 
Total Debt $ 7,375 $ 6,576
VALERO ENERGY CORPORATION AND SUBSIDIARIES
EARNINGS RELEASE
(Millions of Dollars, Except per Share, per Barrel, and per Gallon Amounts)
(Unaudited)
 
 
            Three Months Ended   Nine Months Ended
September 30, September 30,
2009   2008 (2) 2009   2008 (2)
Operating Income (Loss) by Business Segment:
Refining $ (674 ) $ 1,913   $ (335 ) $ 3,716  
Retail:

U.S.

79 81 140 120
Canada   32     26     92     86  
Total Retail   111     107     232     206  
Ethanol (1)   49     -     71     -  
Total Before Corporate (514 ) 2,020 (32 ) 3,922
Corporate   (179 )   (180 )   (471 )   (452 )
Total $ (693 ) $ 1,840   $ (503 ) $ 3,470  
 
Depreciation and Amortization by Business Segment:
Refining $ 345   $ 331   $ 1,035   $ 998  
Retail:

U.S.

17 18 52 51
Canada   8     10     22     26  
Total Retail   25     28     74     77  
Ethanol (1)   7     -     12     -  
Total Before Corporate 377 359 1,121 1,075
Corporate   12     11     35     31  
Total $ 389   $ 370   $ 1,156   $ 1,106  
 
 
Operating Highlights:
Refining:
Throughput Margin per Barrel $ 4.86 $ 13.11 $ 6.09 $ 10.80
 
Operating Costs per Barrel (4):
Refining Operating Expenses $ 3.94 $ 4.78 $ 4.01 $ 4.66
Depreciation and Amortization   1.58     1.39     1.55     1.38  
Total Operating Costs per Barrel $ 5.52   $ 6.17   $ 5.56   $ 6.04  
 
Throughput Volumes (Mbbls per Day):
Feedstocks:
Heavy Sour Crude 443 565 489 580
Medium/Light Sour Crude 544 670 582 680
Acidic Sweet Crude 24 75 80 76
Sweet Crude 676 578 619 622
Residuals 211 282 193 242
Other Feedstocks   179     136     177     141  
Total Feedstocks 2,077 2,306 2,140 2,341
Blendstocks and Other   302     281     305     306  
Total Throughput Volumes   2,379     2,587     2,445     2,647  
 
Yields (Mbbls per Day):
Gasolines and Blendstocks 1,207 1,136 1,176 1,197
Distillates 744 906 789 920
Petrochemicals 72 66 67 74
Other Products (7)   360     464     409     449  
Total Yields   2,383     2,572     2,441     2,640  
VALERO ENERGY CORPORATION AND SUBSIDIARIES
EARNINGS RELEASE
(Millions of Dollars, Except per Share, per Barrel, and per Gallon Amounts)
(Unaudited)
 
 
            Three Months Ended   Nine Months Ended
September 30, September 30,
2009   2008 2009   2008
Refining Operating Highlights by Region (8):
Gulf Coast (2):
Operating Income (Loss) $ (81 ) $ 1,159 $ 28 $ 2,639
 
Throughput Volumes (Mbbls per Day) 1,238 1,324 1,316 1,399
 
Throughput Margin per Barrel $ 4.66 $ 13.21 $ 5.22 $ 12.01
 
Operating Costs per Barrel (4):
Refining Operating Expenses $ 3.81 $ 4.83 $ 3.65 $ 4.62
Depreciation and Amortization   1.57     1.37     1.49     1.30  
Total Operating Costs per Barrel $ 5.38   $ 6.20   $ 5.14   $ 5.92  
 
Mid-Continent:
Operating Income $ 5 $ 296 $ 197 $ 514
 
Throughput Volumes (Mbbls per Day) 374 426 381 426
 
Throughput Margin per Barrel $ 5.38 $ 13.23 $ 7.18 $ 9.94
 
Operating Costs per Barrel (4):
Refining Operating Expenses $ 3.69 $ 4.41 $ 3.72 $ 4.25
Depreciation and Amortization   1.53     1.28     1.57     1.29  
Total Operating Costs per Barrel $ 5.22   $ 5.69   $ 5.29   $ 5.54  
 
Northeast:
Operating Income (Loss) $ (134 ) $ 387 $ (203 ) $ 357
 
Throughput Volumes (Mbbls per Day) 485 552 467 545
 
Throughput Margin per Barrel $ 2.86 $ 13.53 $ 4.94 $ 8.50
 
Operating Costs per Barrel (4):
Refining Operating Expenses $ 4.26 $ 4.54 $ 4.90 $ 4.69
Depreciation and Amortization   1.59     1.36     1.62     1.42  
Total Operating Costs per Barrel $ 5.85   $ 5.90   $ 6.52   $ 6.11  
 
West Coast:
Operating Income $ 67 $ 114 $ 331 $ 249
 
Throughput Volumes (Mbbls per Day) 282 285 281 277
 
Throughput Margin per Barrel $ 8.51 $ 11.60 $ 10.59 $ 10.55
 
Operating Costs per Barrel (4):
Refining Operating Expenses $ 4.35 $ 5.53 $ 4.60 $ 5.50
Depreciation and Amortization   1.58     1.70     1.67     1.76  
Total Operating Costs per Barrel $ 5.93   $ 7.23   $ 6.27   $ 7.26  
 
Operating Income (Loss) for Regions Above $ (143 ) $ 1,956 $ 353 $ 3,759
Asset Impairment Loss Applicable to Refining (417 ) (43 ) (574 ) (43 )
Loss Contingency Accrual Related to Aruban

Tax Matter (9)

  (114 )   -     (114 )   -  
Total Refining Operating Income (Loss) $ (674 ) $ 1,913   $ (335 ) $ 3,716  
VALERO ENERGY CORPORATION AND SUBSIDIARIES
EARNINGS RELEASE
(Millions of Dollars, Except per Share, per Barrel, and per Gallon Amounts)
(Unaudited)
 
 
          Three Months Ended   Nine Months Ended
September 30, September 30,
2009   2008 2009   2008
Retail - U.S.:
Company-Operated Fuel Sites (Average) 998 984 1,001 961
Fuel Volumes (Gallons per Day per Site) 4,963 4,946 5,022 4,997
Fuel Margin per Gallon $ 0.231 $ 0.273 $ 0.157 $ 0.173
Merchandise Sales $ 315 $ 292 $ 888 $ 819
Merchandise Margin (Percentage of Sales) 28.7 % 29.8 % 29.2 % 30.0 %
Margin on Miscellaneous Sales $ 22 $ 24 $ 66 $ 74
Selling Expenses $ 120 $ 134 $ 349 $ 375
 
Retail - Canada:
Fuel Volumes (Thousand Gallons per Day) 3,115 3,126 3,155 3,169
Fuel Margin per Gallon $ 0.263 $ 0.261 $ 0.255 $ 0.278
Merchandise Sales $ 58 $ 56 $ 146 $ 156
Merchandise Margin (Percentage of Sales) 28.6 % 28.6 % 29.1 % 28.5 %
Margin on Miscellaneous Sales $ 10 $ 10 $ 25 $ 29
Selling Expenses $ 62 $ 67 $ 173 $ 204
 
Ethanol (1):
Ethanol Production (Thousand Gallons per Day) 2,116 N/A 1,229 N/A
Gross Margin per Gallon of Ethanol Production $ 0.59 N/A $ 0.55 N/A
Operating Costs per Gallon of Ethanol Production:
Ethanol Operating Expenses $ 0.31 N/A $ 0.31 N/A
Depreciation and Amortization   0.03   N/A   0.03   N/A
Total Operating Costs per Gallon of Ethanol Production $ 0.34   N/A $ 0.34   N/A
 
Average Market Reference Prices and Differentials
(Dollars per Barrel):
Feedstocks (at U.S. Gulf Coast):
West Texas Intermediate (WTI) Crude Oil $ 68.18 $ 117.83 $ 56.90 $ 113.25
WTI Less Sour Crude Oil (10) $ 1.72 $ 4.05 $ 1.25 $ 5.20
WTI Less Mars Crude Oil $ 1.78 $ 5.26 $ 1.06 $ 6.40
WTI Less Maya Crude Oil $ 5.01 $ 11.36 $ 4.68 $ 16.39
 
Products:
U.S. Gulf Coast:
Conventional 87 Gasoline Less WTI $ 7.85 $ 12.13 $ 8.85 $ 7.66
No. 2 Fuel Oil Less WTI $ 4.53 $ 19.27 $ 6.40 $ 19.17
Ultra-Low-Sulfur Diesel Less WTI $ 6.99 $ 23.91 $ 8.59 $ 24.38
Propylene Less WTI $ 8.22 $ 7.21 $ (3.05 ) $ (0.11 )
U.S. Mid-Continent:
Conventional 87 Gasoline Less WTI $ 8.11 $ 8.62 $ 9.09 $ 6.49
Low-Sulfur Diesel Less WTI $ 8.01 $ 25.55 $ 8.63 $ 25.10
U.S. Northeast:
Conventional 87 Gasoline Less WTI $ 8.34 $ 5.80 $ 8.78 $ 4.62
No. 2 Fuel Oil Less WTI $ 4.95 $ 19.86 $ 7.68 $ 20.85
Lube Oils Less WTI $ 28.89 $ 89.33 $ 40.54 $ 51.75
U.S. West Coast:
CARBOB 87 Gasoline Less WTI $ 18.00 $ 11.28 $ 18.40 $ 12.13
CARB Diesel Less WTI $ 9.29 $ 22.94 $ 10.30 $ 24.57
VALERO ENERGY CORPORATION AND SUBSIDIARIES
EARNINGS RELEASE
(Millions of Dollars, Except per Share, per Barrel, and per Gallon Amounts)
(Unaudited)
 
 
(1)  

The information presented for the three and nine months ended September 30, 2009 includes the operations related to the acquisition of certain ethanol plants from VeraSun Energy Corporation. Ethanol plants located in Charles City, Fort Dodge and Hartley, Iowa; Aurora, South Dakota; and Welcome, Minnesota were purchased on April 1, 2009, and ethanol plants in Albert City, Iowa and Albion, Nebraska were purchased on April 9, 2009 and May 8, 2009, respectively. The ethanol production volumes reflected in this earnings release for the nine months ended September 30, 2009 are based on 273 calendar days rather than the actual daily production, which varied by facility.

 
(2)

Effective July 1, 2008, Valero sold its Krotz Springs Refinery to Alon Refining Krotz Springs, Inc. (Alon), a subsidiary of Alon USA Energy, Inc. The nature and significance of Valero's post-closing participation in an offtake agreement with Alon represents a continuation of activities with the Krotz Springs Refinery for accounting purposes, and as such the results of operations related to the Krotz Springs Refinery have not been presented as discontinued operations in the Statement of Income Data for the three and nine months ended September 30, 2008. The refining operating highlights, both consolidated and for the Gulf Coast region, presented in this earnings release include the Krotz Springs Refinery for the nine months ended September 30, 2008. The pre-tax gain of $305 million on the sale of the Krotz Springs Refinery is included in the Gulf Coast operating income for the three and nine months ended September 30, 2008.

 
(3)

Includes excise taxes on sales by Valero's U.S. retail system of $226 million and $207 million for the three months ended September 30, 2009 and 2008, respectively, and $659 million and $605 million for the nine months ended September 30, 2009 and 2008, respectively.

 
(4)

The asset impairment loss for the three months ended September 30, 2009 relates primarily to charges of approximately $340 million resulting from the permanent shutdown of the gasification unit at Valero's Delaware City Refinery. The remaining loss for the three months ended September 30, 2009 relates to the permanent cancellation of certain capital projects classified as "construction in progress" as a result of the unfavorable impact of the continuing economic slowdown on refining industry fundamentals. Losses resulting from the permanent cancellation of certain capital projects classified as "construction in progress" in prior periods have been reclassified from Operating Expenses and presented separately for comparability with the third quarter 2009 presentation. The asset impairment loss amounts for all periods have been excluded from operating costs in determining operating costs per barrel, resulting in an adjustment to the operating costs per barrel previously reported in 2008.

 
(5)

Effective January 1, 2009, Valero adopted certain new accounting rules that require restricted stock granted under Valero's stock-based compensation plans to be treated as participating securities under the two-class method of determining basic earnings per common share. Basic earnings per common share for prior periods are to be adjusted to conform to these new rules. The adoption of the new rules did not have any effect on the calculation of basic earnings per common share for the three and nine months ended September 30, 2009, but did reduce the $2.21 and $4.08 basic earnings per common share amounts originally reported for the three and nine months ended September 30, 2008, respectively.

 
(6)

Common equivalent shares have been excluded from the computation of diluted earnings (loss) per common share for the three and nine months ended September 30, 2009 as the effect of including such shares would be antidilutive.

 
(7) Primarily includes gas oils, No. 6 fuel oil, petroleum coke, and asphalt.
 
(8)

The regions reflected herein contain the following refineries: Gulf Coast- Corpus Christi East, Corpus Christi West, Texas City, Houston, Three Rivers, Krotz Springs (prior to its sale effective July 1, 2008), St. Charles, Aruba, and Port Arthur Refineries; Mid-Continent- McKee, Ardmore, and Memphis Refineries; Northeast- Quebec City, Paulsboro, and Delaware City Refineries; and West Coast- Benicia and Wilmington Refineries.

 
(9)

A loss contingency accrual of $140 million ($.25 per share) was recorded in the third quarter of 2009 related to Valero's dispute with the Government of Aruba regarding a turnover tax on export sales as well as other tax matters.  The portion of the loss contingency accrual that relates to the turnover tax was recorded in cost of sales for the three and nine months ended September 30, 2009, and therefore is included in refining operating income (loss) but has been excluded in determining throughput margin per barrel.

 
(10) The market reference differential for sour crude oil is based on 50% Arab Medium and 50% Arab Light posted prices.

(Source: iStockAnalyst )


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