BPZ Resources, Inc. - Shareholder.com

Company completed and installed the gas and water reinjection facilities at the CX-11 platform and transitioned the Corvina field to
commercial production.
With respect to the Albacora field, in July 2010, the Company suspended production from the A-14XD well for
approximately two weeks because the initial six-month testing period expired. However, in July 2010, the Company received a sixmonth
extended well testing permit and a six-month gas flaring permit that allowed us to continue testing the Albacora field through
late-January 2011, at which time the second permits expired. In January 2011, the Company received notice from Perupetro that its
application for extended well testing on the A-14XD well was denied.
With respect to any additional EWT and gas flaring permits the Company requests, it can give no assurance that the DGH or
the Ministry of Energy and Mines will grant approval of any current or future permits requested by the Company. In September 2010,
the Company suspended the drilling operations at the A platform in the Albacora field in order to conduct a 3-D seismic survey of the
area, currently planned for 2011. During the drilling downtime, the Company plans to move forward to fabricate and install permanent
production and injection facilities on the Albacora platform. This should allow for continued production testing from the field once
drilling operations resume by avoiding gas flaring and associated permitting issues.
Ecuadorian Hydrocarbon Law
In July, 2010, the Company was notified of changes to the Ecuadorian hydrocarbon law that included provisions that will
allow the Ecuadorian government to nationalize oil fields if a private operator does not agree to contractual changes mandated by the
new hydrocarbon laws. The consortium, of which the Company is a participant, has successfully negotiated a service contract during
the fourth quarter of 2010; as such, the Company does not believe there is a significant risk of nationalization of its interest in the
Santa Elena field. The Company is still reviewing the impact of this new law, if any, as it pertains to its 10% net investment interest in
an oil and gas property in Ecuador. However, the Company does not believe any such impact on its Ecuadorian investment will have
a material impact on the Company’s overall financial position. For further information see Note-6, “Investment in Ecuador Property”.
Profit Sharing
The Constitution of Peru and Legislative Decree Nos. 677 and 892 gives employees working in private companies engaged in
activities generating income as defined by the Income Tax Law the right to share in the company’s profits. According to Article 3 of
the United Nations International Standard Industrial Classification, BPZ E&P’s tax category is classified under the “mining
companies” section, which sets the rate at 8%. However, in Peru, the Hydrocarbon Law states, and the Supreme Court ruled, that
hydrocarbons are not related to mining activities. Hydrocarbons are included under “Companies Performing Other Activities”, thus
Oil and Gas Companies pay profit sharing at a rate of 5%. The 5% of income is determined by calculating a percentage of the
Company’s Peruvian subsidiaries’ annual total revenues subject to income tax less the expenses required to produce revenue or
maintain the source of revenues. The benefit granted by the law to employees is calculated on the basis of “income subject to taxation”
per the Peruvian tax code, and not based on income/(loss) before incomes taxes as reported under GAAP. For the year ended
December 31, 2010, profit sharing expense was not material to the Company as the Company’s Peruvian subsidiaries did not have a
material amount of “income subject to taxation” per the Peruvian tax code as a result of declaring commercial production in the
Corvina field, which allowed certain exploration and development costs to be deductible in 2010 that were not deductible in previous
years. For the year ended December 31, 2009 and 2008, approximately $1.3 million and $1.9 million of expense related to profit
sharing is included in “General and administrative expense” in the Consolidated Statement of Operations as the Company’s Peruvian
subsidiaries had “income subject to taxation” per the Peruvian tax code. The Company is subject to profit sharing expense any year its
Peruvian subsidiaries are profitable according to the Peruvian tax laws.
Gas-to-Power Project Financing
The gas-to-power project entails the installation of an approximately 10-mile gas pipeline from the CX-11 platform to shore,
the construction of gas processing facilities and the building of an approximately 135 megawatt (“MW”) simple-cycle electric
generating plant. The proposed power plant site is located adjacent to an existing substation and power transmission lines which, after
the Peruvian government completes their expansion, are expected to be capable of handling up to 320 MW of power. The existing
substation and transmission lines are owned and operated by third parties.
The Company currently estimates the gas-to-power project will cost approximately $153.5 million, excluding working capital
and 19% value-added tax which will be recovered via future revenue billings. The $153.5 million includes $133.5 million for the
estimated cost of the power plant and $20.0 million for the estimated cost of the construction of the natural gas pipeline. While the
Company has held initial discussions with several potential joint venture partners for the gas-to-power project, in an attempt to secure
additional financing and other resources for the project, the Company has not entered into any definitive agreements with a potential
partner. In the event the Company is able to identify and reach an agreement with a potential joint venture partner, it may only retain a
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