Valero Records Loss Contingency Accrual for Aruba Tax Dispute and Updates Earnings Release Tables

November 5, 2009 5:07 PM EST

SAN ANTONIO--(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                167            169           435         421
  Administrative Expenses

  Depreciation and           389            370           1,156       1,106
  Amortization Expense

  Asset Impairment Loss      417            43            575         43
  (4)

  Gain on Sale of Krotz      -              (305   )      -           (305    )
  Springs Refinery (2)

   Total Costs and           20,182         34,120        51,741      97,075
   Expenses

 Operating Income (Loss)     (693   )       1,840         (503   )    3,470

 Other Income (Expense),     9              36            (16    )    71
 Net

 Interest and Debt
 Expense:

  Incurred                   (149   )       (112   )      (386   )    (335    )

  Capitalized                19             31            95          74

 Income (Loss) Before
 Income Tax Expense          (814   )       1,795         (810   )    3,280
 (Benefit)

 Income Tax Expense          (185   )       643           (236   )    1,133
 (Benefit)

 Net Income (Loss)         $ (629   )     $ 1,152       $ (574   )  $ 2,147

 Earnings (Loss) per       $ (1.12  )     $ 2.20        $ (1.08  )  $ 4.07
 Common Share (5)

  Weighted Average Common
  Shares

   Outstanding (in           561            522           534         526
   millions)

 Earnings (Loss) per
 Common Share - Assuming   $ (1.12  )     $ 2.18        $ (1.08  )  $ 4.02
 Dilution

  Weighted Average Common
  Shares Outstanding-

   Assuming Dilution (in     561            529           534         535
   millions) (6)

                           September 30,  December 31,

                           2009           2008

BALANCE SHEET DATA:

 Cash and Temporary Cash   $ 1,605        $ 940
 Investments

 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        1,238      1,324      1,316      1,399
   Day)

   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        $ 5.38     $ 6.20     $ 5.14     $ 5.92
     Barrel

 Mid-Continent:

   Operating Income                   $ 5        $ 296      $ 197      $ 514

   Throughput Volumes (Mbbls per        374        426        381        426
   Day)

   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        $ 5.22     $ 5.69     $ 5.29     $ 5.54
     Barrel

 Northeast:

   Operating Income (Loss)            $ (134  )  $ 387      $ (203  )  $ 357

   Throughput Volumes (Mbbls per        485        552        467        545
   Day)

   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        $ 5.85     $ 5.90     $ 6.52     $ 6.11
     Barrel

 West Coast:

   Operating Income                   $ 67       $ 114      $ 331      $ 249

   Throughput Volumes (Mbbls per        282        285        281        277
   Day)

   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        $ 5.93     $ 7.23     $ 6.27     $ 7.26
     Barrel

 Operating Income (Loss) for Regions  $ (143  )  $ 1,956    $ 353      $ 3,759
 Above

 Asset Impairment Loss Applicable to    (417  )    (43   )    (574  )    (43   )
 Refining

 Loss Contingency Accrual Related to
 Aruban

  Tax Matter (9)                        (114  )    -          (114  )    -

 Total Refining Operating Income      $ (674  )  $ 1,913    $ (335  )  $ 3,716
 (Loss)




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          998        984         1,001      961
 (Average)

 Fuel Volumes (Gallons per Day per    4,963      4,946       5,022      4,997
 Site)

 Fuel Margin per Gallon             $ 0.231    $ 0.273     $ 0.157    $ 0.173

 Merchandise Sales                  $ 315      $ 292       $ 888      $ 819

 Merchandise Margin (Percentage of    28.7  %    29.8   %    29.2  %    30.0   %
 Sales)

 Margin on Miscellaneous Sales      $ 22       $ 24        $ 66       $ 74

 Selling Expenses                   $ 120      $ 134       $ 349      $ 375

Retail - Canada:

 Fuel Volumes (Thousand Gallons       3,115      3,126       3,155      3,169
 per Day)

 Fuel Margin per Gallon             $ 0.263    $ 0.261     $ 0.255    $ 0.278

 Merchandise Sales                  $ 58       $ 56        $ 146      $ 156

 Merchandise Margin (Percentage of    28.6  %    28.6   %    29.1  %    28.5   %
 Sales)

 Margin on Miscellaneous Sales      $ 10       $ 10        $ 25       $ 29

 Selling Expenses                   $ 62       $ 67        $ 173      $ 204

Ethanol (1):

 Ethanol Production (Thousand         2,116      N/A         1,229      N/A
 Gallons per Day)

 Gross Margin per Gallon of         $ 0.59       N/A       $ 0.55       N/A
 Ethanol Production

 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        $ 0.34       N/A       $ 0.34       N/A
   Gallon of Ethanol Production

Average Market Reference Prices
and Differentials

 (Dollars per Barrel):

  Feedstocks (at U.S. Gulf Coast):

   West Texas Intermediate (WTI)    $ 68.18    $ 117.83    $ 56.90    $ 113.25
   Crude Oil

   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   $ 7.85     $ 12.13     $ 8.85     $ 7.66
    WTI

    No. 2 Fuel Oil Less WTI         $ 4.53     $ 19.27     $ 6.40     $ 19.17

    Ultra-Low-Sulfur Diesel Less    $ 6.99     $ 23.91     $ 8.59     $ 24.38
    WTI

    Propylene Less WTI              $ 8.22     $ 7.21      $ (3.05 )  $ (0.11  )

   U.S. Mid-Continent:

    Conventional 87 Gasoline Less   $ 8.11     $ 8.62      $ 9.09     $ 6.49
    WTI

    Low-Sulfur Diesel Less WTI      $ 8.01     $ 25.55     $ 8.63     $ 25.10

   U.S. Northeast:

    Conventional 87 Gasoline Less   $ 8.34     $ 5.80      $ 8.78     $ 4.62
    WTI

    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)

      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
(1)   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.

      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
(2)   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.

      Includes excise taxes on sales by Valero's U.S. retail system of $226
(3)   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.

      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
(4)   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.

      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
(5)   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.

      Common equivalent shares have been excluded from the computation of
(6)   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.

      The regions reflected herein contain the following refineries: Gulf Coast-
      Corpus Christi East, Corpus Christi West, Texas City, Houston, Three
(8)   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.

      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
(9)   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: Valero Energy Corporation


Related Categories

Press Releases

Stocks Mentioned

VLO 16.35

+0.34 +2.12%
Volume: 9,007,945
Track VLO


Related Entities


Add Your Comment