The Pursuit of Basin Consolidation and Contiguous Acreage Positions: Weighing the Risks and Benefits

11/15/2016

Reading Time : 2 min

Financial sponsors and exploration and production companies pursue acreage consolidation and contiguous acreage positions because such transactions allow them to optimize the utilization of infrastructure and achieve efficiency improvements, including centralized facilities, streamlined operations and reduced land work. Owning core acreage in a single location, as opposed to holding small pieces in multiple areas, allows producers with generally higher operating costs to harness greater efficiency benefits by implementing technological advancements in drilling, completions and productions. In addition, those investing in areas where they already hold assets have the advantage of being familiar with the geologic play at hand, allowing them to deploy their resources and generate attractive returns more quickly than if they had to acquaint themselves with the location. 

However, despite the benefits of basin consolidation, investors and operators should be mindful of certain risks associated with the strategy. Among other things, those seeking to do business in the “hot” areas are potentially paying a premium, which may be sizable and become a drag on the eventual return on investment. In addition, assets that are centralized in one location are likely subject to substantially similar risks across the portfolio, and as a result, the occurrence of any one risk would have a much greater impact on that operator than if its assets were diversified across multiple basins and operators. For example, upstream assets that are concentrated in one area may be disproportionately impacted by risks related to midstream providers and employees.  If a producer or sponsor seeks efficiency by using the same midstream infrastructure to get its entire product to market, any problem with such infrastructure would likely have a much greater effect on the business than if the assets or transportation and marketing options were diversified.  Similarly, before entering a market, producers and sponsors should evaluate the availability of skilled laborers in the area, particularly given that many may have scattered since the decline in oil prices. The lack of nearby skilled labor could significantly lessen the appeal of certain assets, given that access to a sufficient talent pool is fundamental to successful operations. 

Furthermore, acquirers that seek to roll up previously competing companies in the same basin should be mindful of how such companies’ cultures and management will work together following consummation of the transaction. An otherwise financially savvy investment may never deliver if an acquirer is unable to successfully integrate potentially disparate cultures that do not see eye to eye with respect to the assets or the operation thereof. Given such attendant risks, acquirers and targets should be careful to conduct thorough financial and legal due diligence with respect to both in any proposed transaction.

In sum, while the strategy of pursuing acreage consolidation and contiguous acreage positions is appealing, financial sponsors and exploration and production companies will benefit from carefully weighing the risks and benefits of each proposed acquisition prior to making their investments. 

For more information on managing the risk of investing in the oil patch in the current economic climate, see the blog post titled “Mitigating Private Equity Investment Risk in the Oil Patch” dated August 9, 2016, by Shubi Arora and Jhett R. Nelson.  

Share This Insight

Previous Entries

Speaking Energy

March 10, 2025

On March 5, 2025, the United States Department of Energy (DOE) approved Golden Pass LNG Terminal LLC’s (GPLNG) request to extend a deadline to begin
exporting liquefied natural gas (LNG) from its terminal facility currently under construction in Sabine Pass, Texas for 18 months, from September 30, 2025, to
March 31, 2027 (the Order). The Order amends GPLNG’s two existing long-term orders authorizing the export of domestically produced LNG to countries with
which the United States does and does not have free trade agreements (FTA).1  The Order does not amend the authorizations’ end date, which remains
December 31, 2050. Under section 3 of the Natural Gas Act (NGA), the DOE may authorize exports to non-FTA countries following completion of a “public
interest” review, whereas exports to FTA countries are deemed to be in the public interest and the DOE is directed to issue authorizations without
modification or delay.
...

Read More

Speaking Energy

March 4, 2025

Join projects & energy transition partner Shariff Barakat at Infocast’s Solar & Wind, where he will moderate the “Tax Equity Market Dynamics” panel....

Read More

Speaking Energy

February 13, 2025

Oil & gas companies continue to identify and capitalize on opportunities related to the deployment of new energy technologies, with their approaches broadly
maturing and coalescing around maximizing synergies, leveraging available subsidies and responding to regulatory drivers.
...

Read More

Speaking Energy

February 11, 2025

On January 30, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) approved a Stipulation and Consent Agreement (Agreement)
between the Office of Enforcement (OE) and Stronghold Digital Mining Inc. (Stronghold) resolving an investigation into whether Stronghold had violated the
PJM Interconnection, L.L.C. (PJM) tariff and Commission regulations by limiting the quantity of energy made available to the market to serve a co-located
Bitcoin mining operation.1 This order appears to be the first instance of a public enforcement action involving co-located load and generation and comes at a
time when both FERC and market operators2 are scrutinizing the treatment of co-located load due to the rapid increase in demand associated with data
center development.
...

Read More

Speaking Energy

February 5, 2025

2024 was about post-consolidation deal flow and a steady uptick in activity across the oil & gas market. This year, mergers & acquisitions (M&A) activity looks
set to take on a different tone as major consolidation plays bed down.
...

Read More

Speaking Energy

January 30, 2025

The oil & gas industry is experiencing a capital resurgence, driven by stabilizing interest rates and renewed attention from institutional investors. Private
equity is leading the charge with private credit filling the void in traditional energy finance and hybrid capital instruments gaining in popularity. Family offices
are also playing a crucial role, providing long-term, flexible investments.
...

Read More

Speaking Energy

January 23, 2025

Under a second Trump presidency, the U.S. is expected to consider reversal of many of the Biden administration’s climate and environmental policies, in
addition to a markedly different approach to trade policy and oil & gas regulation. This includes expanding oil & gas development on public lands and
offshore, lifting the pause on liquified natural gas (LNG) exports to non-Free Trade Agreement countries and repealing the methane fee.
...

Read More

Speaking Energy

January 15, 2025

We are pleased to share a recording of Akin’s recently presented webinar, “Drilling Down: What Oil & Gas Companies Can Expect from Federal Agencies
During Trump’s Second Administration.”
...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.