California Accuses Valero of Oil Price Gouging, Valero’s Response is Amusing

Chart by California Energy Commission, annotations by Mish

California Energy Commission Goes After Valero

Please note CEC Chair David Hochschild Responds to Recent Gasoline Price Spikes.

“As I expressed in my letter to the oil industry last week, the recent sudden increases in prices at the pump are unacceptable and place an undue high burden on California families and businesses. Over the course of 10 days, oil companies increased gas prices by a record 86 cents per gallon. At the end of August, crude oil prices were roughly $100 per barrel, and the average gas price in California was $5.06. Now, even though the price of oil has decreased to $90 per barrel, today the average gas price at the pump has surged to $6.43.

“The oil industry’s lobbying group argued that gas prices increased because of drilling permitting issues, which is misleading. The reality is 40% of the oil industry’s approved permits in California are still valid but have not yet been used, and the price increase is occurring at the refining stage of gas production, not the oil extraction stage. And it does not explain the sudden gap between national and California prices.

“In September 2019, five refineries experienced unplanned maintenance issues, and California was faced with several refinery outages. The price spike was a mere 34 cents — a fraction of what Californians have been paying over the past week. Even the 2015 explosion at the ExxonMobil refinery in Torrance caused a price increase of only 46 cents per gallon, and the California Department of Justice deemed this price shock to be exacerbated by illegal price-fixing. So, refinery maintenance alone — especially prescheduled maintenance — cannot explain a sudden $1.54 increase in what refineries charge for every gallon of gas Californians buy.

Breakdown of California Gasoline Prices

Gasoline Breakdown Chart by California Energy Commission

The CEC demanded a response in one day and Valero delivered.

Valero’s Response

Please consider Valero Response Letter to Chair Hochschild 

Valero Synopsis 

  • Ironically, on the same day we received the Commission’s letter, a federal judge in a 103-page reasoned order, following review of thousands of pages of documents and hours of depositions and discovery, yet again threw out another case alleging price conspiracies by the fuel industry finding no basis for the allegations.
  •  As to why inventories may be low, we believe it is because post-COVID demand is growing and supply is limited. We have been endeavoring to keep our refineries at full production and no one has produced more low carbon renewable fuel for the California market than Valero.
  • With a very short supply market, inventories are pulled down to satisfy the demand. In fact, the Commission would not want to see refiners holding inventories in a tight market.
  • California is the most expensive operating environment in the country and a very hostile regulatory environment for refining. 
  • California policy makers have knowingly adopted policies with the expressed intent of eliminating the refinery sector. California requires refiners to pay very high carbon cap and trade fees and burdened gasoline with cost of the low carbon fuel standards. 
  • California regulators have mandated a unique blend of gasoline that is not readily available outside of the West Coast. 
  • California is largely isolated from fuel markets of the central and eastern United States. California has imposed some the most aggressive, and thus expensive and limiting, environmental regulatory requirements in the world.

Biden Threatens Export Controls

Meanwhile, Biden’s energy administration meets with the big oil refiners and threatens them with fuel export limits as the price of gasoline surges higher.

For discussion, please consider The Biden Oil Fiasco Continues With Export Control Threats

This post originated at MishTalk.Com

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1 year ago
Energy trade still on?
KyleW
KyleW
1 year ago
Californians should understand they have to pay more for everything because their government over-regulates.
StukiMoi
StukiMoi
1 year ago
“…instead of analyzing which factors caused the $1.50/gallon refining price increase.”
Lack of competitors offering to sell sufficient quantities at a lower markup. Analyses complete.
Californians don’t just wantonly overpay for the heck of it. Or because some guy at Valero is mean. Instead, they do so, because they have no other alternatives. No different than wrt houses. Which also don’t cost much more to build in California than in Texas.
But; by making it difficult for, up to outright banning; more competent and more efficient providers from offering the same goods for lower prices; The Gang which Newsom currently heads up are enabling incumbents, from San Francisco landlords to the few refiners still there, to massively overcharge, versus what they can get away with in San Antonio.
As long as people pay, Valero is. not overcharging. Valero are not the ones with the means to block tankers from rolling in and selling cheaper gas at LA and Bay Area ports, nor Nevada trucks from driving into San Bernardino, hence giving Valero some much needed competition. Just as San Francisco landlords are not the ones who will show up to harass a crew of competent house builders erecting a 20 unit structure next to the Pelosis’ overpriced, mold infested old teardown.
Sologretto2
Sologretto2
1 year ago
The accusation that refiners were earning 64c/gallon 2 years ago vs $2.14/gallon now was completely ignored though…

California regulations didn’t massively change in 2 years. The accusation of raising prices for profit wasn’t questioned or even opposed. Valero simply avoided the accusation by making its own attack. Mish is smart and I love reading his analysis. I’m surprised Mish simply parroted Valero’s position instead of analyzing which factors caused the $1.50/gallon refining price increase.

KidHorn
KidHorn
1 year ago
Reply to  Sologretto2
Where did you get those numbers from?
RonJ
RonJ
1 year ago
So called fact checkers are silent in the face of government misinformation.
xbizo
xbizo
1 year ago
Does it bother anyone that the strategic petroleum reserve is now drawn down to 21 days in order to play political games (feed the public more cash), while the China and Russia situations could actually blow up into one where we really need the oil for strategic needs?
Zardoz
Zardoz
1 year ago
Reply to  xbizo
All the stuff we’ll need is nuclear… I’m not worried.
RonJ
RonJ
1 year ago
Reply to  Zardoz
Cars don’t run on nuclear, yet.
Zardoz
Zardoz
1 year ago
Reply to  RonJ
The electric ones do.
StukiMoi
StukiMoi
1 year ago
Reply to  xbizo
The most competent person in government is, or at least acts as if, clinically retarded. Without exception. It won’t change.
If you feel you need a reserve of petroleum products, get a few barrels, a rack for them and a plan for rotating supplies. Consider phasing out equipment dependent on more volatile fuels, for heavier grades; to better mitigate fire risks.
Noone in government ever have, nor ever will, give even the tiniest fraction of an f about your needs. Nor can any of them, since Jefferson, even spell strategic. They exist to rob, steal and harass you. In order to enrich, empower and aggrandise themselves. All governments. All POSSIBLE governments. All time. Everywhere. Always. Again, without exception. Quit falling for dumb stuff, and act accordingly. Makes you less vulnerable to moronic acts by senile idiots having somewhat randomized, but ultimately solely self interested twitches.
8dots
8dots
1 year ago
In the 1970’s CA inflation was raging. Home owners couldn’t pay their RE taxes. There was some kind of Vietnam, issues with Intel fabs, HP park, Hughes Aircraft, TRW, Raytheon, SF brothels, hippies and CA RE collapse. Prop 13 1978 put a barrier to CA going nuts. The bleeding stopped. San Mateo and Palos Verdes popped and never stopped. The other side blame Jarvis, Ronald Reagan and Goldwater. Repeal in stepping stones.
FromBrussels2
FromBrussels2
1 year ago
….their(and their family’s and/or cronies’ bank account) , is ALL our ‘smart’ leaders ever think about ….
Zardoz
Zardoz
1 year ago
Reply to  FromBrussels2
Yes, the government of Russia is a kleptocracy, led by a squirrely little goblin with more filler in his face than a Kardashian’s buttocks.
FromBrussels2
FromBrussels2
1 year ago
Reply to  Zardoz
…. and now tell us sommat about the mfr you are !
8dots
8dots
1 year ago
Ca will give up to $1,000 refund to poor people to hook them to gov Newsom. Feed the pigs before shipping them to the slaughter houses.
Zardoz
Zardoz
1 year ago
Reply to  8dots

You cannot sand before The Hairdo.

Rbm
Rbm
1 year ago
Alright about 11 years in ca.
every year ca changes its blend in the fall to a different gas. So refineries have scheduled shut downs. Seem like every year there are “ unplanned” outages at other refineries at the same time.
dont hear about “ unscheduled outages “ the rest of the year. So maybe something fishy going on. To solve the issue ca should allow regular imports of out of state gas during times of these unplanned outages and see if it solves the problem.
Ps remember when they exported power out of ca only to import it back in at a higher rate. Cant trust anybody these days
MPO45
MPO45
1 year ago
So what’s the profit play? For me it is more covered calls on energy and naked puts when oil corrects/crashes. There is huge risk though. With the bridge blow up in Crimea, if Putin launches a nuke or two then oil will implode. All international air travel to europe will stop. Airlines and cruiselines will likely go bankrupt and that’s just the start of it. More supply chain disruptions and more economic chaos – it will be a re-visit to the covid lockdown period but ‘radiation’ will be the new covid.
I may do put spreads instead, I am still thinking about it but oil continues to climb so we’ll see. I may just sit it out in Treasurys and T-Bills. Need more time to see how things escalate not just with Putin but the Fed.
MarkraD
MarkraD
1 year ago
Reply to  MPO45
Oil, far too unpredictable for my taste.
I’d get crazy with puts, then, out of the blue we’re friends with Venezuela again.
Though I did get long in 2020, that was a no-brainer, especially with the Russbot army fear mongering oil was going to fall even more than $12/barrel.
Ethrane
Ethrane
1 year ago
Valero is a private company, they can do whatever they want, correct? Sort of like their terms of service say we can charge what we want and if you don’t like it, you are free to go somewhere else or build your own.
MPO45
MPO45
1 year ago
Reply to  Ethrane
Very true. The government of course can be meticulous with all their safety inspections. Maybe some very thorough audits. Perhaps some SEC scrutiny into transactions. Perhaps the US Treasury Department will look more closely to all overseas transactions. It would sure be a shame if Valero were caught in an endless loop of investigations with a government that has endless resources.
Ethrane
Ethrane
1 year ago
Reply to  MPO45
You are right. Probably would have to shut down the refinery for a couple weeks just to straighten it all out
Jojo
Jojo
1 year ago
Reply to  Ethrane
Maybe couple of years. Would be hard for the shareholders.
Ethrane
Ethrane
1 year ago
Reply to  Jojo
Sure, take 20% of the refined products off the Cali market and see how that works.
Zardoz
Zardoz
1 year ago
Reply to  Ethrane
Exactly. Don’t like it, don’t drive so much.
Jojo
Jojo
1 year ago
It’s gone up because they can.
Just as today when I purchased a head of Romaine lettuce. Two weeks ago, the price of a head of that lettuce was $1.59. Mostly, it tends to range between $1.29 to $1.79. Today’s price? $2.98! Nearly double. No explanation as to why.
HippyDippy
HippyDippy
1 year ago
Reply to  Jojo
Takes a lot of diesel to get that lettuce out of the fields and on to your plate. And that’s just one expense.
Jojo
Jojo
1 year ago
Reply to  HippyDippy
Doesn’t explain a near doubling in price in 2 weeks. Stop thinking shallowy.
HippyDippy
HippyDippy
1 year ago
Reply to  Jojo
Maybe you should try thinking. Not my fault you don’t have a clue. I can already tell you’re an employee. Business is beyond you.
Zardoz
Zardoz
1 year ago
Reply to  Jojo
As with gasoline or anything else, the answer is: Because you’ll pay it.
It’s the free market in action.
Six000mileyear
Six000mileyear
1 year ago
Oil companies could just pull out of California altogether. I’m sure they can find workers in a new location. If California wanted petroleum products, it would have to purchase them under the laws of the states where the products are made.
Jojo
Jojo
1 year ago
Reply to  Six000mileyear
Buh-bye. Don’t let the door hit you in the arse on the way out.
HippyDippy
HippyDippy
1 year ago
Reply to  Six000mileyear
That’s inevitable with the policies those imbeciles are imposing on them.
Zardoz
Zardoz
1 year ago
Reply to  HippyDippy
I believe this is intentional.
HippyDippy
HippyDippy
1 year ago
Reply to  Zardoz
Absolutely.
PapaDave
PapaDave
1 year ago
Reply to  Six000mileyear
“Oil companies could just pull out of California altogether. I’m sure they can find workers in a new location.”
Really? And where will these workers work?
Oil companies are not building new refineries anywhere in the US, and haven’t for decades. They are too expensive to justify, given the expected long term decline in demand for oil and oil products. So they are simply upgrading and retrofitting the refineries they already have. And shutting down the ones that are simply no longer economic.
Christoball
Christoball
1 year ago
Reply to  PapaDave
Kern County produces 1 percent of the worlds oil, and California produces almost 1.4 percent of the worlds oil. California refining is not going anywhere soon.
PapaDave
PapaDave
1 year ago
Reply to  Christoball
Agree. I assume your reply was meant for Six000mileyear.
Christoball
Christoball
1 year ago
Reply to  PapaDave
Yes
Misc
Misc
1 year ago
There is stupid, but then there is California stupid. Higher prices generally curb demand, however, California just started sending out their “California Inflation Relief Checks” on Friday. Yes, to combat inflation they are sending out more “free” money. Hence, demand for everything is going up and thereby, driving up prices.
… And some people think the governor of California should run for president … now that’s the makings of hyperinflation.
California inflation relief checks go out today: Everything you need to know (ktla.com)
HippyDippy
HippyDippy
1 year ago
Reply to  Misc
Just more proof that both IDIOCRACY and THEY LIVE were documentaries.
Zardoz
Zardoz
1 year ago
Reply to  Misc
The chocolate ration has been increased to 25 grams!
Too much BS
Too much BS
1 year ago
Go Back to Pre Biden Presidency and PROBLEM SOLVED. Joe Biden and his Democrats created this mess and they don’t know what to do except blame everyone else. Just Get Rid of Biden and problems can get solved solved. link to youtu.be This will be November to Remember.
MarkraD
MarkraD
1 year ago
Reply to  Too much BS
If Trump’s the only alternative, it’s Biden for another four.
hmk
hmk
1 year ago
Reply to  MarkraD
I don’t like Trump but I would take 100 of him over the demented corrupt puppet Brandon
MarkraD
MarkraD
1 year ago
Reply to  hmk
Who’s “Brandon”?
Ethrane
Ethrane
1 year ago
Reply to  MarkraD
A nick name for the former vice president in the Obama administration
Zardoz
Zardoz
1 year ago
Reply to  hmk

Annoying Orange will set the GOP back decades, if it even survives. If he can’t own it, he’ll drag it into his swamp and drown it under his heaving fatbody.

hmk
hmk
1 year ago
Reply to  Zardoz
Are you a troll or what?? the comments you leave are f’d up and ridiculous.
HippyDippy
HippyDippy
1 year ago
Reply to  Too much BS
The refineries were shut down on Trump’s watch, which created this problem. Not really sure how you think the same person who was in charge of creating the problem is the one to put in charge of fixing it. He’s already done enough damage in my opinion.
MarkraD
MarkraD
1 year ago
Reply to  HippyDippy
Trump also defunded US cybersecurity, the state department and the FBI’s counterintelligence division.
While all these were beneficial to Putin, I’m sure it was mere coincidence, surely, really, I am.
I’m also “confident” the Mar-A-Lago Doc’s were removed from the White House for legitimate reasons, too.
Ethrane
Ethrane
1 year ago
Reply to  MarkraD
The walls are closing in
Trump is going to be arrested any day
He is a Russian agent
He kept nuclear secrets in milania’s panties
Blah blah blah, but you still believe it all.
Zardoz
Zardoz
1 year ago
Reply to  Ethrane
Making off with all those top secret documents is not a good look…. Even worse than Hillary’s emails.
Jackula
Jackula
1 year ago
Reply to  Too much BS
Unfortunate Trump had to go out in such a stupid way, he’d be a shoe-in after the Russiagate BS has been shown for what it was and for impeachment without due process. Sorry, DeSantis had the smartest science based response of any governor to Covid and because of that he’s got my vote
Zardoz
Zardoz
1 year ago
Reply to  Jackula
You clearly need to look up the definition of science.
RonJ
RonJ
1 year ago
Reply to  Zardoz
Dr. Fiona Godlee, 16 years as editor-in-chief of The BMJ – “It’s estimated that 70 per cent of the retractions are based on some form of scientific misconduct. I think we have to call it what it is. It is the corruption of the scientific process.”
Zardoz
Zardoz
1 year ago
Reply to  RonJ

Therefore you make up whatever stupid crap you want and make it your gospel.

Esclaro
Esclaro
1 year ago
Reply to  Too much BS
No thanks. We will pass on Orange Jesus.
MarkraD
MarkraD
1 year ago
I’ll be first to begrudge Cali’s excessive regulation and tax, but I just paid almost half what they pay as I passed through another high tax and regulation state yesterday, this state has zero refineries, their tax is about half of Cali’s which is $0.52 per gallon.
While I disagree with consumption taxes, and think incentives work better – I read Mish’s list, but still find myself wondering if there’s isn’t some form of retribution in prices there.
Cali and Newsome are very unpopular in Republican circles, energy sector executives are heavily Republican.
RyanL
RyanL
1 year ago
Reply to  MarkraD
Could be, but if Twitter can punish their users for political reasons I see no reason why refiners shouldn’t punish California for political reasons. When it comes to social media we are told it’s a private company, and they can do what they like.
California meet karma, karma California.
MarkraD
MarkraD
1 year ago
Reply to  RyanL
I guess, in the equivocal sense that gun owners are punished for practicing their 2nd amendment rights at schools, malls, theaters n’ such.
Does Twitter have the right to stop foreign propagandists, or those inciting riots, their 1rst amendment liberty, any more than government intervention in private sector corporations from price gouging?
Interesting times we live in.
RyanL
RyanL
1 year ago
Reply to  MarkraD
You really think Twitter censorship is about removing people for inciting riots as opposed to more of a coordinated effort with government agencies to control what opinions can be expressed? Interesting times indeed.
Zardoz
Zardoz
1 year ago
Reply to  RyanL
Why would the all powerful government allow Twitter to be sold then?
RonJ
RonJ
1 year ago
Reply to  Zardoz
How can they stop it, when it is legal?
Why is California government forcing doctors to lie to their patients about Covid and Covid injections?
HippyDippy
HippyDippy
1 year ago
Reply to  MarkraD
While ryan is correct in his assessment of the situation, private companies do have the right to refuse service to people. This is a very basic explanation for a complicated subject, but just because you have free speech doesn’t mean I have to listen to it. If Twatter doesn’t want to hear it, go somewhere else where your welcome.
RyanL
RyanL
1 year ago
Reply to  HippyDippy
I would say that oil companies have every right to charge extra for political reasons, and Twitter has every right to censor for political reasons, however just because you can do something doesn’t mean you should.
At this point commerce has been weaponized so much in the culture wars, and California denizens have a strange way of being out in front of that trend. Wanting them to get a good taste of what they are dishing out is not my best look, but it is what it is.
Personally though I’m way more concerned with politically motivated censorship in one of the primary town squares of the modern world than I am with the plausible, but unlikely prospect that a California software engineer making 400k a year is paying more to fill his car due to political payback.
One of those things is way more alarming than the other.
MarkraD
MarkraD
1 year ago
Reply to  RyanL
“I would say that oil companies have every right to charge extra for political reasons, and Twitter has every right to censor for political reasons”
Neither has that right, Twitter’s reasons are public safety and foreign political influencers.
RyanL
RyanL
1 year ago
Reply to  MarkraD
I don’t think you are dumb enough to believe that is what Twitter is doing. You certainly know people are being banned for expressing opinions that contradict various official dogma, and seemingly in coordination with the current and possibly previous regimes.
But yeah government controlled messaging of major channels of communication is nothing to worry about because the only thing they do is ban white supremacists planning insurrections.
I don’t think an intellectually honest discussion is too much to ask.
HippyDippy
HippyDippy
1 year ago
Reply to  RyanL
What’s alarming isn’t private companies censoring customers, it’s the reality of those companies that drive their motivations. As a truly private company, you have the right to deny service to those you don’t want to serve. The real question is are these private companies? I’m not talking about them being sacred platforms either. I’m talking about who really owns them. In the case of Silicon Valley, you could claim the Department of Defense, the CIA, and various other agencies own them. In this case, which is a legitimate argument as to ownership, the problem still isn’t censorship. It’s warfare directed against the people. A far more serious concern.
RyanL
RyanL
1 year ago
Reply to  HippyDippy
I agree the government manipulation of content moderation on these platforms is more concerning than what Twitter might do on their own. I’m not sure what you mean by warfare against the people, but it’s clear to me they intend to use these platforms to control what the people are allowed to discuss.
HippyDippy
HippyDippy
1 year ago
Reply to  RyanL
Apparently I can’t explain my answer. Comment rejected, though I only answered your question. How fitting considering the subject.
MarkraD
MarkraD
1 year ago
Reply to  HippyDippy
Refuse service, yes, but ~IF~ (stress if) they’re price gouging, it’s different.
We’re talking the difference between Joe’s bar and grill refusing to serve a drunk guy, and a supermarket charging black customers twice as much as white customers.
I’m familiar with the Masterpiece bakery’s SCOTUS judgment, but that was a thin line, and it was based on the bakery owner’s religious belief that homosexuality is a sin.
Maybe XOM can prove California is an affront to their religion (again, ~IF~ they’re price gouging)…..
HippyDippy
HippyDippy
1 year ago
Reply to  MarkraD
Price gouging? Grow up. This is an economic site, it would be nice if you didn’t show you know nothing about economics with that phrase. That’s a phrase for the mindless masses to use to make themselves feel better. Mostly used by politicians to blame others for their stupidity. The only institutions that can successfully pull that off are either government agencies or government backed companies. The market don’t play that.
Captain Ahab
Captain Ahab
1 year ago
The WOKE PREMIUM = (price in California – price in Florida)
StukiMoi
StukiMoi
1 year ago
All Californians need to do to stop overpaying for gas, is to stop barring more efficient producers from competing with the current incumbents. There’s enough concentrated demand in CA, that any fuel truck servicing Nevada would drive another hundred miles to sell tenfold.
Just as all Californians would need to do to solve the “housing problem”, is to let more efficient producers produce houses.
None of the two are real “problems.” Just childish nonsense. Made up by illiterate idiots. And lapped up by indoctrinated nothings.
PapaDave
PapaDave
1 year ago
Reply to  StukiMoi
People can complain and offer all the opinions they want. But unless you are one of the people who gets to make the decisions, it is mostly a waste of time. Better to simply accept the situation and figure out how to profit from it.
Now. I bet you have been on this blog a long time. In the time that I have been here, all you have done is pontificate about things you have no control over. Pretending that you know everything and those in positions of responsibility know nothing. I do not recall you ever offering a single shred of practical advice for the readers. Nor any investment advice.
What are your suggestions on how to take advantage of this situation? Because you can’t change it.
StukiMoi
StukiMoi
1 year ago
Reply to  PapaDave
“But unless you are one of the people who gets to make the decisions, it is mostly a waste of time. Better to simply accept the situation and figure out how to profit from it.”
Such a waste that we aren’t still all trying to “figure out how to profit from” the sun revolving around the earth; instead of “pontificating” about the rather obvious observation that it really doesn’t…., isn’t it?
PapaDave
PapaDave
1 year ago
Reply to  StukiMoi
That’s it? Another totally useless response. I will now add you to my IGNORE list so I never have to see another one of your useless comments again.
I’m only here to read the comments of people who have something useful to say.
Bye.

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