filings.toolsItem 1. Financial Statements (unaudited)
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Item 1. Financial Statements (unaudited)
| Consolidated Condensed Balance Sheets | Occidental Petroleum Corporation and Subsidiaries |
| millions | September 30, 2023 | December 31, 2022 | ||||||
| ASSETS | ||||||||
| CURRENT ASSETS | ||||||||
| Cash and cash equivalents | $ | 611 | $ | 984 | ||||
| Trade receivables, net of reserves of $24 in 2023 and $37 in 2022 | 3,674 | 4,281 | ||||||
| Inventories | 1,975 | 2,059 | ||||||
| Other current assets | 2,006 | 1,562 | ||||||
| Total current assets | 8,266 | 8,886 | ||||||
| INVESTMENTS IN UNCONSOLIDATED ENTITIES | 3,320 | 3,176 | ||||||
| PROPERTY, PLANT AND EQUIPMENT | ||||||||
| Oil and gas | 107,888 | 104,487 | ||||||
| Chemical | 8,049 | 7,808 | ||||||
| Midstream and marketing | 7,993 | 7,550 | ||||||
| Corporate | 1,011 | 889 | ||||||
| Gross property, plant and equipment | 124,941 | 120,734 | ||||||
| Accumulated depreciation, depletion and amortization | (66,671) | (62,350) | ||||||
| Net property, plant and equipment | 58,270 | 58,384 | ||||||
| OPERATING LEASE ASSETS | 854 | 903 | ||||||
| LONG-TERM RECEIVABLES AND OTHER ASSETS, NET | 1,117 | 1,260 | ||||||
| TOTAL ASSETS | $ | 71,827 | $ | 72,609 | ||||
| The accompanying notes are an integral part of these Consolidated Condensed Financial Statements. |
| Consolidated Condensed Balance Sheets | Occidental Petroleum Corporation and Subsidiaries |
| millions, except share and per-share amounts | September 30, 2023 | December 31, 2022 | ||||||
| LIABILITIES AND EQUITY | ||||||||
| CURRENT LIABILITIES | ||||||||
| Current maturities of long-term debt (a) | $ | 1,224 | $ | 165 | ||||
| Current operating lease liabilities | 312 | 273 | ||||||
| Accounts payable | 3,908 | 4,029 | ||||||
| Accrued liabilities | 3,497 | 3,290 | ||||||
| Total current liabilities | 8,941 | 7,757 | ||||||
| LONG-TERM DEBT, NET (b) | 18,597 | 19,670 | ||||||
| DEFERRED CREDITS AND OTHER LIABILITIES | ||||||||
| Deferred income taxes, net | 5,666 | 5,512 | ||||||
| Asset retirement obligations | 3,636 | 3,636 | ||||||
| Pension and postretirement obligations | 910 | 1,055 | ||||||
| Environmental remediation liabilities | 860 | 905 | ||||||
| Operating lease liabilities | 577 | 657 | ||||||
| Other | 3,328 | 3,332 | ||||||
| Total deferred credits and other liabilities | 14,977 | 15,097 | ||||||
| STOCKHOLDERS' EQUITY | ||||||||
| Preferred stock, at $1.00 per share par value: 2023 — 84,897 shares and 2022 —100,000 shares(c) | 8,287 | 9,762 | ||||||
| Common stock, at $0.20 per share par value, authorized shares: 1.5 billion, issued shares: 2023 — 1,105,568,314 shares and 2022 — 1,098,512,626 shares | 221 | 220 | ||||||
| Treasury stock: 2023 — 227,866,830 shares and 2022 — 198,653,682 shares | (15,573) | (13,772) | ||||||
| Additional paid-in capital | 17,326 | 17,181 | ||||||
| Retained earnings | 18,758 | 16,499 | ||||||
| Accumulated other comprehensive income | 293 | 195 | ||||||
| Total stockholders' equity | 29,312 | 30,085 | ||||||
| TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY | $ | 71,827 | $ | 72,609 | ||||
(a) Included $169 million and $143 million of current finance lease liabilities as of September 30, 2023 and December 31, 2022, respectively.
(b) Included $593 million and $546 million of finance lease liabilities as of September 30, 2023 and December 31, 2022, respectively.
(c) See Note 9 - Earnings Per Share and Stockholders' Equity in the notes to the Consolidated Condensed Financial Statements in Part I, Item 1 of this Form 10-Q.
The accompanying notes are an integral part of these Consolidated Condensed Financial Statements.
| Consolidated Condensed Statements of Operations | Occidental Petroleum Corporation and Subsidiaries |
| Three months ended September 30, | Nine months ended September 30, | |||||||||||||
| millions, except per-share amounts | 2023 | 2022 | 2023 | 2022 | ||||||||||
| REVENUES AND OTHER INCOME | ||||||||||||||
| Net sales | $ | 7,158 | $ | 9,390 | $ | 21,085 | $ | 28,415 | ||||||
| Interest, dividends and other income | 50 | 37 | 107 | 122 | ||||||||||
| Gains on sales of assets, net | 192 | 74 | 197 | 232 | ||||||||||
| Total | 7,400 | 9,501 | 21,389 | 28,769 | ||||||||||
| COSTS AND OTHER DEDUCTIONS | ||||||||||||||
| Oil and gas operating expense | 1,189 | 1,056 | 3,400 | 2,925 | ||||||||||
| Transportation and gathering expense | 363 | 378 | 1,122 | 1,089 | ||||||||||
| Chemical and midstream cost of sales | 682 | 835 | 2,218 | 2,488 | ||||||||||
| Purchased commodities | 520 | 785 | 1,508 | 2,627 | ||||||||||
| Selling, general and administrative expenses | 258 | 247 | 776 | 687 | ||||||||||
| Other operating and non-operating expense | 328 | 319 | 646 | 909 | ||||||||||
| Taxes other than on income | 290 | 427 | 862 | 1,188 | ||||||||||
| Depreciation, depletion and amortization | 1,712 | 1,736 | 5,142 | 5,107 | ||||||||||
| Asset impairments and other charges | — | — | 209 | — | ||||||||||
| Anadarko acquisition-related costs | — | 4 | — | 82 | ||||||||||
| Exploration expense | 125 | 47 | 329 | 98 | ||||||||||
| Interest and debt expense, net | 230 | 285 | 698 | 770 | ||||||||||
| Total | 5,697 | 6,119 | 16,910 | 17,970 | ||||||||||
| Income before income taxes and other items | 1,703 | 3,382 | 4,479 | 10,799 | ||||||||||
| OTHER ITEMS | ||||||||||||||
| Gains on interest rate swaps, net | — | 70 | — | 332 | ||||||||||
| Income from equity investments and other | 106 | 196 | 391 | 586 | ||||||||||
| Total | 106 | 266 | 391 | 918 | ||||||||||
| Income before income taxes | 1,809 | 3,648 | 4,870 | 11,717 | ||||||||||
| Income tax expense | (434) | (902) | (1,372) | (340) | ||||||||||
| NET INCOME | 1,375 | 2,746 | 3,498 | 11,377 | ||||||||||
| Less: Preferred stock dividends and redemption premiums | (219) | (200) | (754) | (600) | ||||||||||
| NET INCOME ATTRIBUTABLE TO COMMON STOCKHOLDERS | $ | 1,156 | $ | 2,546 | $ | 2,744 | $ | 10,777 | ||||||
| PER COMMON SHARE | ||||||||||||||
| Net income attributable to common stockholders—basic | $ | 1.30 | $ | 2.74 | $ | 3.06 | $ | 11.47 | ||||||
| Net income attributable to common stockholders—diluted | $ | 1.20 | $ | 2.52 | $ | 2.83 | $ | 10.64 | ||||||
| The accompanying notes are an integral part of these Consolidated Condensed Financial Statements. |
| Consolidated Condensed Statements of Comprehensive Income (Loss) | Occidental Petroleum Corporation and Subsidiaries |
| Three months ended September 30, | Nine months ended September 30, | |||||||||||||
| millions | 2023 | 2022 | 2023 | 2022 | ||||||||||
| Net income | $ | 1,375 | $ | 2,746 | $ | 3,498 | $ | 11,377 | ||||||
| Other comprehensive income (loss) items: | ||||||||||||||
| Gains on derivatives (a) | 1 | 1 | 59 | 65 | ||||||||||
| Pension and postretirement gains (b) | 46 | 48 | 39 | 57 | ||||||||||
| Other | (1) | (1) | — | (1) | ||||||||||
| Other comprehensive income, net of tax | 46 | 48 | 98 | 121 | ||||||||||
| Comprehensive income attributable to preferred and common stockholders | $ | 1,421 | $ | 2,794 | $ | 3,596 | $ | 11,498 |
(a) Net of tax expense of zero for the three months ended September 30, 2023 and 2022, and zero and $18 million for the nine months ended September 30, 2023 and 2022, respectively.
(b) Net of tax expense of $12 million and $13 million for the three months ended September 30, 2023 and 2022, respectively, and $10 million and $16 million for the nine months ended September 30, 2023 and 2022, respectively.
The accompanying notes are an integral part of these Consolidated Condensed Financial Statements.
| Consolidated Condensed Statements of Cash Flows | Occidental Petroleum Corporation and Subsidiaries |
| Nine months ended September 30, | ||||||||
| millions | 2023 | 2022 | ||||||
| CASH FLOW FROM OPERATING ACTIVITIES | ||||||||
| Net income | $ | 3,498 | $ | 11,377 | ||||
| Adjustments to reconcile net income to net cash provided by operating activities: | ||||||||
| Depreciation, depletion and amortization of assets | 5,142 | 5,107 | ||||||
| Deferred income tax provision (benefit) | 148 | (1,765) | ||||||
| Asset impairments and other charges | 209 | — | ||||||
| Gains on sales of assets, net | (197) | (232) | ||||||
| Noncash charges (benefit) to income and other | 343 | (461) | ||||||
| Changes in operating assets and liabilities: | ||||||||
| Decrease in receivables | 609 | 138 | ||||||
| Increase in inventories | (44) | (96) | ||||||
| Increase in other current assets | (367) | (313) | ||||||
| Decrease in accounts payable and accrued liabilities | (583) | (815) | ||||||
| Increase (decrease) in current domestic and foreign income taxes | 311 | (105) | ||||||
| Net cash provided by operating activities | 9,069 | 12,835 | ||||||
| CASH FLOW FROM INVESTING ACTIVITIES | ||||||||
| Capital expenditures | (4,726) | (2,977) | ||||||
| Change in capital accrual | (48) | 2 | ||||||
| Purchases of businesses and assets, net | (220) | (466) | ||||||
| Proceeds from sales of assets, net | 405 | 562 | ||||||
| Equity investments and other, net | (422) | (95) | ||||||
| Net cash used by investing activities | (5,011) | (2,974) | ||||||
| CASH FLOW FROM FINANCING ACTIVITIES | ||||||||
| Draws on receivables securitization facility | 900 | 400 | ||||||
| Payment of receivables securitization facility | (900) | (400) | ||||||
| Payments of long-term debt, net | (22) | (8,325) | ||||||
| Proceeds from issuance of common stock | 92 | 291 | ||||||
| Redemption of preferred stock | (1,661) | — | ||||||
| Purchases of treasury stock | (1,611) | (2,467) | ||||||
| Cash dividends paid on common and preferred stock | (1,035) | (863) | ||||||
| Financing portion of net cash received for derivative instruments | — | 61 | ||||||
| Other financing, net | (198) | (82) | ||||||
| Net cash used by financing activities | (4,435) | (11,385) | ||||||
| Decrease in cash, cash equivalents, restricted cash and restricted cash equivalents | (377) | (1,524) | ||||||
| Cash, cash equivalents, restricted cash and restricted cash equivalents — beginning of period | 1,026 | 2,803 | ||||||
| Cash, cash equivalents, restricted cash and restricted cash equivalents — end of period | $ | 649 | $ | 1,279 | ||||
| The accompanying notes are an integral part of these Consolidated Condensed Financial Statements. |
| Consolidated Condensed Statements of Equity | Occidental Petroleum Corporation and Subsidiaries |
| Equity Attributable to Common Stock | |||||||||||||||||||||||
| millions, except per-share amounts | Preferred Stock | Common Stock | Treasury Stock | Additional Paid-in Capital | Retained Earnings | Accumulated Other Comprehensive Income (Loss) | Total Equity | ||||||||||||||||
| Balance as of June 30, 2022 | $ | 9,762 | $ | 218 | $ | (11,391) | $ | 16,914 | $ | 12,462 | $ | (135) | $ | 27,830 | |||||||||
| Net income | — | — | — | — | 2,746 | — | 2,746 | ||||||||||||||||
| Other comprehensive income, net of tax | — | — | — | — | — | 48 | 48 | ||||||||||||||||
| Dividends on common stock, $0.13 per share | — | — | — | — | (120) | — | (120) | ||||||||||||||||
| Dividends on preferred stock, $2,000 per share | — | — | — | — | (200) | — | (200) | ||||||||||||||||
| Shareholder warrants exercised | — | 1 | — | 162 | — | — | 163 | ||||||||||||||||
| Options exercised | — | — | — | 10 | — | — | 10 | ||||||||||||||||
| Issuance of common stock and other, net of cancellations | — | 1 | — | 43 | — | — | 44 | ||||||||||||||||
| Purchases of treasury stock | — | — | (1,801) | — | — | — | (1,801) | ||||||||||||||||
| Balance as of September 30, 2022 | $ | 9,762 | $ | 220 | $ | (13,192) | $ | 17,129 | $ | 14,888 | $ | (87) | $ | 28,720 |
| Equity Attributable to Common Stock | |||||||||||||||||||||||
| millions, except per-share amounts | Preferred Stock | Common Stock | Treasury Stock | Additional Paid-in Capital | Retained Earnings | Accumulated Other Comprehensive Income | Total Equity | ||||||||||||||||
| Balance as of June 30, 2023 | $ | 8,621 | $ | 221 | $ | (14,958) | $ | 17,218 | $ | 17,762 | $ | 247 | $ | 29,111 | |||||||||
| Net income | — | — | — | — | 1,375 | — | 1,375 | ||||||||||||||||
| Other comprehensive income, net of tax | — | — | — | — | — | 46 | 46 | ||||||||||||||||
| Dividends on common stock, $0.18 per share | — | — | — | — | (160) | — | (160) | ||||||||||||||||
| Dividends on preferred stock, $2,000 per share | — | — | — | — | (177) | — | (177) | ||||||||||||||||
| Preferred stock redemption - face value | (342) | — | — | — | — | — | (342) | ||||||||||||||||
| Preferred stock redemption - premium | — | — | — | — | (34) | — | (34) | ||||||||||||||||
| Preferred stock redemption value in excess of carrying value | 8 | — | — | — | (8) | — | — | ||||||||||||||||
| Shareholder warrants exercised | — | — | — | 54 | — | — | 54 | ||||||||||||||||
| Issuance of common stock and other, net of cancellations | — | — | — | 54 | — | — | 54 | ||||||||||||||||
| Purchases of treasury stock | — | — | (615) | — | — | — | (615) | ||||||||||||||||
| Balance as of September 30, 2023 | $ | 8,287 | $ | 221 | $ | (15,573) | $ | 17,326 | $ | 18,758 | $ | 293 | $ | 29,312 |
The accompanying notes are an integral part of these Consolidated Condensed Financial Statements.
| Consolidated Condensed Statements of Equity | Occidental Petroleum Corporation and Subsidiaries |
| Equity Attributable to Common Stock | |||||||||||||||||||||||
| millions, except per-share amounts | Preferred Stock | Common Stock | Treasury Stock | Additional Paid-in Capital | Retained Earnings | Accumulated Other Comprehensive Income (Loss) | Total Equity | ||||||||||||||||
| Balance as of December 31, 2021 | $ | 9,762 | $ | 217 | $ | (10,673) | $ | 16,749 | $ | 4,480 | $ | (208) | $ | 20,327 | |||||||||
| Net income | — | — | — | — | 11,377 | — | 11,377 | ||||||||||||||||
| Other comprehensive income, net of tax | — | — | — | — | — | 121 | 121 | ||||||||||||||||
| Dividends on common stock, $0.39 per share | — | — | — | — | (369) | — | (369) | ||||||||||||||||
| Dividends on preferred stock, $6,000 per share | — | — | — | — | (600) | — | (600) | ||||||||||||||||
| Shareholder warrants exercised | — | 2 | — | 251 | — | — | 253 | ||||||||||||||||
| Options exercised | — | — | — | 27 | — | — | 27 | ||||||||||||||||
| Issuance of common stock and other, net of cancellations | — | 1 | — | 102 | — | — | 103 | ||||||||||||||||
| Purchases of treasury stock | — | — | (2,519) | — | — | — | (2,519) | ||||||||||||||||
| Balance as of September 30, 2022 | $ | 9,762 | $ | 220 | $ | (13,192) | $ | 17,129 | $ | 14,888 | $ | (87) | $ | 28,720 |
| Equity Attributable to Common Stock | |||||||||||||||||||||||
| millions, except per-share amounts | Preferred Stock | Common Stock | Treasury Stock | Additional Paid-in Capital | Retained Earnings | Accumulated Other Comprehensive Income | Total Equity | ||||||||||||||||
| Balance as of December 31, 2022 | $ | 9,762 | $ | 220 | $ | (13,772) | $ | 17,181 | $ | 16,499 | $ | 195 | $ | 30,085 | |||||||||
| Net income | — | — | — | — | 3,498 | — | 3,498 | ||||||||||||||||
| Other comprehensive income, net of tax | — | — | — | — | — | 98 | 98 | ||||||||||||||||
| Dividends on common stock, $0.54 per share | — | — | — | — | (485) | — | (485) | ||||||||||||||||
| Dividends on preferred stock, $6,000 per share | — | — | — | — | (567) | — | (567) | ||||||||||||||||
| Preferred stock redemption - face value | (1,511) | — | — | — | — | — | (1,511) | ||||||||||||||||
| Preferred stock redemption - premium | — | — | — | — | (151) | — | (151) | ||||||||||||||||
| Preferred stock redemption value in excess of carrying value | 36 | — | — | — | (36) | — | — | ||||||||||||||||
| Shareholder warrants exercised | — | — | — | 57 | — | — | 57 | ||||||||||||||||
| Options exercised | — | — | — | 13 | — | — | 13 | ||||||||||||||||
| Issuance of common stock and other, net of cancellations | — | 1 | — | 75 | — | — | 76 | ||||||||||||||||
| Purchases of treasury stock | — | — | (1,801) | — | — | — | (1,801) | ||||||||||||||||
| Balance as of September 30, 2023 | $ | 8,287 | $ | 221 | $ | (15,573) | $ | 17,326 | $ | 18,758 | $ | 293 | $ | 29,312 |
The accompanying notes are an integral part of these Consolidated Condensed Financial Statements.
| Notes to Consolidated Condensed Financial Statements | Occidental Petroleum Corporation and Subsidiaries |
| NOTE 1 - GENERAL |
NATURE OF OPERATIONS
Occidental conducts its operations through various subsidiaries and affiliates. Occidental has made its disclosures in accordance with United States generally accepted accounting principles as they apply to interim reporting, and condensed or omitted, as permitted by the U.S. Securities and Exchange Commission’s rules and regulations, certain information and disclosures normally included in Consolidated Financial Statements and the notes thereto. These unaudited Consolidated Condensed Financial Statements should be read in conjunction with the audited Consolidated Financial Statements and the notes thereto in the 2022 Form 10-K.
In the opinion of Occidental’s management, the accompanying unaudited Consolidated Condensed Financial Statements in this report reflect all adjustments (consisting of normal recurring adjustments) that are necessary to fairly present Occidental’s results of operations and cash flows for the nine months ended September 30, 2023 and 2022 and Occidental’s financial position as of September 30, 2023 and December 31, 2022. The income and cash flows for the periods ended September 30, 2023 and 2022 are not necessarily indicative of the income or cash flows to be expected for the full year.
CASH EQUIVALENTS AND RESTRICTED CASH EQUIVALENTS
Occidental considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents or restricted cash equivalents. The cash equivalents and restricted cash equivalents balances for the periods presented include investments in government money market funds in which the carrying value approximates fair value.
The following table provides a reconciliation of cash, cash equivalents, restricted cash and restricted cash equivalents as reported in the Consolidated Condensed Statements of Cash Flows as of September 30, 2023 and 2022:
| millions | 2023 | 2022 | ||||||
| Cash and cash equivalents | $ | 611 | $ | 1,233 | ||||
| Restricted cash and restricted cash equivalents included in other current assets | 22 | 31 | ||||||
| Restricted cash and restricted cash equivalents included in long-term receivables and other assets, net | 16 | 15 | ||||||
| Cash, cash equivalents, restricted cash and restricted cash equivalents | $ | 649 | $ | 1,279 |
SUPPLEMENTAL CASH FLOW INFORMATION
The following table represents U.S. federal, domestic, state and international income taxes paid, tax refunds received and interest paid during the nine months ended September 30, 2023 and 2022, respectively:
| millions | 2023 | 2022 | ||||||
| Income tax payments | $ | 806 | $ | 1,885 | ||||
| Income tax refunds received | $ | 12 | $ | 89 | ||||
| Interest paid (a) | $ | 906 | $ | 1,236 |
(a) Net of capitalized interest of $69 million and $50 million for the nine months ended September 30, 2023 and 2022, respectively.
WES INVESTMENT
As of September 30, 2023, Occidental owned all of the 2.3% non-voting general partner interest and 48.8% of the limited partner units in WES. On a combined basis, with its 2% non-voting limited partner interest in WES Operating, Occidental's total effective economic interest in WES and its subsidiaries was 51.0%. In September 2023, WES purchased 5.1 million of its limited partner units from Occidental at a price of $25.00 per unit, resulting in a gain on sale of $51 million for Occidental.
IMPAIRMENT
Occidental did not record any impairments for the three months ended September 30, 2023. For the nine months ended September 30, 2023, Occidental recorded a pre-tax impairment of $180 million related to undeveloped acreage in the northern non-core area of the Powder River Basin where Occidental has decided not to pursue future exploration and appraisal activities. Impairment expense for the nine months ended September 30, 2023 also included a $29 million impairment related to an equity method investment in Black Butte Coal Company.
ACQUISITIONS AND DIVESTITURES
In September 2023, Occidental sold certain non-core proved and unproved properties in the Permian Basin for $202 million and recorded a gain on sale of assets of $142 million.
SUBSEQUENT EVENTS
In November 2023, Occidental entered into a joint venture agreement with BlackRock, through a fund managed by its Diversified Infrastructure business, for the development of Occidental’s first large-scale Direct Air Capture plant in Ector County, Texas. The agreement provides $550 million of committed investment from BlackRock's fund.
In August 2023, Occidental entered into an agreement with Carbon Engineering Ltd., its equity method investee, to purchase the remaining 67.83% interest not already owned by Occidental or its affiliates for total cash consideration of approximately $1.1 billion, resulting in Carbon Engineering becoming a wholly owned subsidiary of Occidental. The purchase price will be made in three approximately equal annual payments, with the first payment to be made at closing. This transaction closed on November 3, 2023, and Occidental made the first payment of $355 million. The remaining two payments will be paid on the first and second anniversaries of closing. With this purchase Occidental intends to accelerate technological innovation and cost reductions in Carbon Engineering's direct-air-capture technology. The transaction qualifies as a business combination and will be accounted for using the acquisition method of accounting. Occidental's purchase price allocation is currently in process and as such was incomplete as of the issuance of these unaudited Consolidated Condensed Financial Statements.
| NOTE 2 - REVENUE |
Revenue from customers is recognized when obligations under the terms of a contract with customers are satisfied; this generally occurs with the delivery of oil, NGL, gas, chemicals or services, such as transportation. As of September 30, 2023, trade receivables, net of $3.7 billion represent rights to payment for which Occidental has satisfied its obligations under a contract and its right to payment is conditioned only on the passage of time.
The following table shows a reconciliation of revenue from customers to total net sales for the three and nine months ended September 30, 2023 and 2022:
| Three months ended September 30, | Nine months ended September 30, | |||||||||||||
| millions | 2023 | 2022 | 2023 | 2022 | ||||||||||
| Revenue from customers | $ | 7,271 | $ | 9,359 | $ | 20,987 | $ | 27,923 | ||||||
| All other revenues (a) | (113) | 31 | 98 | 492 | ||||||||||
| Net sales | $ | 7,158 | $ | 9,390 | $ | 21,085 | $ | 28,415 |
(a) Includes net marketing derivatives and chemical exchange contracts.
DISAGGREGATION OF REVENUE FROM CONTRACTS WITH CUSTOMERS
The table below presents Occidental's revenue from customers by segment, product and geographical area. The oil and gas segment typically sells its oil, NGL and gas at the lease or concession area. Chemical segment revenues are shown by geographic area based on the location of the sale. Excluding net marketing revenue, midstream and marketing segment revenues are shown by the location of sale:
| millions | United States | International | Eliminations | Total | ||||||||||
| Three months ended September 30, 2023 | ||||||||||||||
| Oil and gas | ||||||||||||||
| Oil | $ | 3,997 | $ | 742 | $ | — | $ | 4,739 | ||||||
| NGL | 419 | 91 | — | 510 | ||||||||||
| Gas | 221 | 87 | — | 308 | ||||||||||
| Other | 37 | — | — | 37 | ||||||||||
| Segment total | $ | 4,674 | $ | 920 | $ | — | $ | 5,594 | ||||||
| Chemical | $ | 1,234 | $ | 74 | $ | — | $ | 1,308 | ||||||
| Midstream and marketing | $ | 563 | $ | 103 | $ | — | $ | 666 | ||||||
| Eliminations | $ | — | $ | — | $ | (297) | $ | (297) | ||||||
| Consolidated | $ | 6,471 | $ | 1,097 | $ | (297) | $ | 7,271 | ||||||
| millions | United States | International | Eliminations | Total | ||||||||||
| Three months ended September 30, 2022 | ||||||||||||||
| Oil and gas | ||||||||||||||
| Oil | $ | 4,369 | $ | 1,061 | $ | — | $ | 5,430 | ||||||
| NGL | 658 | 127 | — | 785 | ||||||||||
| Gas | 786 | 88 | — | 874 | ||||||||||
| Other | 8 | 1 | — | 9 | ||||||||||
| Segment total | $ | 5,821 | $ | 1,277 | $ | — | $ | 7,098 | ||||||
| Chemical | $ | 1,572 | $ | 102 | $ | — | $ | 1,674 | ||||||
| Midstream and marketing | $ | 859 | $ | 132 | $ | — | $ | 991 | ||||||
| Eliminations | $ | — | $ | — | $ | (404) | $ | (404) | ||||||
| Consolidated | $ | 8,252 | $ | 1,511 | $ | (404) | $ | 9,359 |
| millions | United States | International | Eliminations | Total | ||||||||||
| Nine months ended September 30, 2023 | ||||||||||||||
| Oil and gas | ||||||||||||||
| Oil | $ | 11,093 | $ | 2,255 | $ | — | $ | 13,348 | ||||||
| NGL | 1,231 | 266 | — | 1,497 | ||||||||||
| Gas | 737 | 246 | — | 983 | ||||||||||
| Other | 31 | 1 | — | 32 | ||||||||||
| Segment total | $ | 13,092 | $ | 2,768 | $ | — | $ | 15,860 | ||||||
| Chemical | $ | 3,834 | $ | 250 | $ | — | $ | 4,084 | ||||||
| Midstream and marketing | $ | 1,524 | $ | 302 | $ | — | $ | 1,826 | ||||||
| Eliminations | $ | — | $ | — | $ | (783) | $ | (783) | ||||||
| Consolidated | $ | 18,450 | $ | 3,320 | $ | (783) | $ | 20,987 |
| millions | United States | International | Eliminations | Total | ||||||||||
| Nine months ended September 30, 2022 | ||||||||||||||
| Oil and gas | ||||||||||||||
| Oil | $ | 13,311 | $ | 2,958 | $ | — | $ | 16,269 | ||||||
| NGL | 2,139 | 302 | — | 2,441 | ||||||||||
| Gas | 1,916 | 225 | — | 2,141 | ||||||||||
| Other | 15 | 3 | — | 18 | ||||||||||
| Segment total | $ | 17,381 | $ | 3,488 | $ | — | $ | 20,869 | ||||||
| Chemical | $ | 4,984 | $ | 281 | $ | — | $ | 5,265 | ||||||
| Midstream and marketing | $ | 2,410 | $ | 478 | $ | — | $ | 2,888 | ||||||
| Eliminations | $ | — | $ | — | $ | (1,099) | $ | (1,099) | ||||||
| Consolidated | $ | 24,775 | $ | 4,247 | $ | (1,099) | $ | 27,923 |
| NOTE 3 - INVENTORIES |
Finished goods primarily represent oil, which is carried at the lower of weighted-average cost or net realizable value, and caustic soda and chlorine, which are valued under the LIFO method. As of September 30, 2023 and December 31, 2022, inventories consisted of the following:
| millions | September 30, 2023 | December 31, 2022 | ||||||
| Raw materials | $ | 85 | $ | 120 | ||||
| Materials and supplies | 895 | 913 | ||||||
| Commodity inventory and finished goods | 1,116 | 1,147 | ||||||
| 2,096 | 2,180 | |||||||
| Revaluation to LIFO | (121) | (121) | ||||||
| Total | $ | 1,975 | $ | 2,059 |
| NOTE 4 - LONG-TERM DEBT |
As of September 30, 2023 and December 31, 2022, Occidental’s debt consisted of the following:
| millions | September 30, 2023 | December 31, 2022 | ||||||||||||||||||
| 8.750% medium-term notes due 2023 | $ | — | $ | 22 | ||||||||||||||||
| 2.900% senior notes due 2024 | 654 | 654 | ||||||||||||||||||
| 6.950% senior notes due 2024 | 291 | 291 | ||||||||||||||||||
| 3.450% senior notes due 2024 | 111 | 111 | ||||||||||||||||||
| 5.875% senior notes due 2025 | 606 | 606 | ||||||||||||||||||
| 3.500% senior notes due 2025 | 137 | 137 | ||||||||||||||||||
| 5.500% senior notes due 2025 | 465 | 465 | ||||||||||||||||||
| 5.550% senior notes due 2026 | 870 | 870 | ||||||||||||||||||
| 3.200% senior notes due 2026 | 182 | 182 | ||||||||||||||||||
| 3.400% senior notes due 2026 | 284 | 284 | ||||||||||||||||||
| 7.500% debentures due 2026 | 112 | 112 | ||||||||||||||||||
| 8.500% senior notes due 2027 | 489 | 489 | ||||||||||||||||||
| 3.000% senior notes due 2027 | 216 | 216 | ||||||||||||||||||
| 7.125% debentures due 2027 | 150 | 150 | ||||||||||||||||||
| 7.000% debentures due 2027 | 48 | 48 | ||||||||||||||||||
| 6.625% debentures due 2028 | 14 | 14 | ||||||||||||||||||
| 7.150% debentures due 2028 | 232 | 232 | ||||||||||||||||||
| 7.200% senior debentures due 2028 | 82 | 82 | ||||||||||||||||||
| 6.375% senior notes due 2028 | 578 | 578 | ||||||||||||||||||
| 7.200% debentures due 2029 | 135 | 135 | ||||||||||||||||||
| 7.950% debentures due 2029 | 116 | 116 | ||||||||||||||||||
| 8.450% senior notes due 2029 | 116 | 116 | ||||||||||||||||||
| 3.500% senior notes due 2029 | 286 | 286 | ||||||||||||||||||
| Variable rate bonds due 2030 (5.610% and 5.320% as of September 30, 2023 and December 31, 2022, respectively) | 68 | 68 | ||||||||||||||||||
| 8.875% senior notes due 2030 | 1,000 | 1,000 | ||||||||||||||||||
| 6.625% senior notes due 2030 | 1,449 | 1,449 | ||||||||||||||||||
| 6.125% senior notes due 2031 | 1,143 | 1,143 | ||||||||||||||||||
| 7.500% senior notes due 2031 | 900 | 900 | ||||||||||||||||||
| 7.875% senior notes due 2031 | 500 | 500 | ||||||||||||||||||
| 6.450% senior notes due 2036 | 1,727 | 1,727 | ||||||||||||||||||
| Zero Coupon senior notes due 2036 | 673 | 673 | ||||||||||||||||||
| 4.300% senior notes due 2039 | 247 | 247 | ||||||||||||||||||
| 7.950% senior notes due 2039 | 325 | 325 | ||||||||||||||||||
| 6.200% senior notes due 2040 | 737 | 737 | ||||||||||||||||||
| 4.500% senior notes due 2044 | 191 | 191 | ||||||||||||||||||
| 4.625% senior notes due 2045 | 296 | 296 | ||||||||||||||||||
| 6.600% senior notes due 2046 | 1,117 | 1,117 | ||||||||||||||||||
| 4.400% senior notes due 2046 | 424 | 424 | ||||||||||||||||||
| 4.100% senior notes due 2047 | 258 | 258 | ||||||||||||||||||
| (continued on next page) |
| millions (continued) | 2023 | 2022 | ||||||||||||||||||
| 4.200% senior notes due 2048 | 304 | 304 | ||||||||||||||||||
| 4.400% senior notes due 2049 | 280 | 280 | ||||||||||||||||||
| 7.730% debentures due 2096 | 58 | 58 | ||||||||||||||||||
| 7.500% debentures due 2096 | 60 | 60 | ||||||||||||||||||
| 7.250% debentures due 2096 | 5 | 5 | ||||||||||||||||||
| Total borrowings at face value | $ | 17,936 | $ | 17,958 |
The following table summarizes Occidental's outstanding debt, including finance lease liabilities:
| millions | September 30, 2023 | December 31, 2022 | ||||||
| Total borrowings at face value | $ | 17,936 | $ | 17,958 | ||||
| Adjustments to book value: | ||||||||
| Unamortized premium, net | 1,187 | 1,261 | ||||||
| Debt issuance costs | (64) | (73) | ||||||
| Net book value of debt | $ | 19,059 | $ | 19,146 | ||||
| Long-term finance leases | 593 | 546 | ||||||
| Current finance leases | 169 | 143 | ||||||
| Total debt and finance leases | $ | 19,821 | $ | 19,835 | ||||
| Less: current maturities of financing leases | (169) | (143) | ||||||
| Less: current maturities of long-term debt | (1,055) | (22) | ||||||
| Long-term debt, net | $ | 18,597 | $ | 19,670 |
DEBT ACTIVITY
In the first quarter of 2023, Occidental used cash on hand to repay $22 million of its 8.750% medium-term notes upon maturity. Occidental has no remaining debt maturities in 2023.
FAIR VALUE OF DEBT
The estimated fair value of Occidental’s debt as of September 30, 2023 and December 31, 2022, substantially all of which was classified as Level 1, was approximately $17.2 billion and $17.6 billion, respectively.
| NOTE 5 - DERIVATIVES |
OBJECTIVE AND STRATEGY
Occidental uses a variety of derivative financial instruments and physical contracts to manage its exposure to commodity price fluctuations and transportation commitments and to fix margins on the future sale of stored commodity volumes. Derivatives are carried at fair value and on a net basis when a legal right of offset exists with the same counterparty. Occidental may occasionally use a variety of derivative financial instruments to manage its exposure to foreign currency fluctuations and interest rate risks. Occidental also enters into derivative financial instruments for trading purposes.
Occidental may elect normal purchases and normal sales exclusions when physically delivered commodities are purchased or sold to a customer. Occidental occasionally applies cash flow hedge accounting treatment to derivative financial instruments to lock in margins on the forecasted sales of its natural gas storage volumes, and at times for other strategies, such as to lock in rates on debt issuances. The value of cash flow hedges is insignificant for all periods presented. As of September 30, 2023, Occidental’s marketing derivatives are not designated as hedges. Occidental retired all remaining outstanding interest rate swaps in the twelve months ended December 31, 2022.
MARKETING DERIVATIVES
Occidental's marketing derivative instruments are short-duration physical and financial forward contracts. As of September 30, 2023, the weighted-average settlement price of these forward contracts was $83.94 per barrel and $2.99 per Mcf for crude oil and natural gas, respectively. The weighted-average settlement price was $81.37 per barrel and $7.89 per Mcf for crude oil and natural gas, respectively, as of December 31, 2022. Derivative instruments that are not designated as hedging instruments are required to be recorded on the balance sheet at fair value. Changes in fair value will impact Occidental’s earnings through mark-to-market adjustments until the physical commodity is delivered or the financial instrument is settled. Net gains and losses associated with marketing derivative instruments are recognized currently in net sales.
The following table summarizes net short volumes associated with the outstanding marketing commodity derivatives as of:
| long (short) | September 30, 2023 | December 31, 2022 | ||||||
| Oil commodity contracts | ||||||||
| Volume (MMbbl) | (43) | (33) | ||||||
| Natural gas commodity contracts | ||||||||
| Volume (Bcf) | (93) | (112) |
FAIR VALUE OF DERIVATIVES
The following tables present the fair values of Occidental’s outstanding derivatives. Fair values are presented at gross amounts below, including when the derivatives are subject to netting arrangements, and are presented on a net basis in the Consolidated Condensed Balance Sheets:
| millions | Fair Value Measurements Using | Netting (a) | Total Fair Value | ||||||||||||||
| Balance Sheet Classifications | Level 1 | Level 2 | Level 3 | ||||||||||||||
| September 30, 2023 | |||||||||||||||||
| Marketing Derivatives | |||||||||||||||||
| Other current assets | $ | 2,317 | $ | 76 | $ | — | $ | (2,359) | $ | 34 | |||||||
| Long-term receivables and other assets, net | 81 | 1 | — | (77) | 5 | ||||||||||||
| Accrued liabilities | (2,447) | (65) | — | 2,359 | (153) | ||||||||||||
| Deferred credits and other liabilities - other | (77) | — | — | 77 | — | ||||||||||||
| December 31, 2022 | |||||||||||||||||
| Marketing Derivatives | |||||||||||||||||
| Other current assets | $ | 920 | $ | 127 | $ | — | $ | (980) | $ | 67 | |||||||
| Long-term receivables and other assets, net | 1 | 2 | — | (1) | 2 | ||||||||||||
| Accrued liabilities | (938) | (96) | — | 980 | (54) | ||||||||||||
| Deferred credits and other liabilities - other | (1) | (1) | — | 2 | — | ||||||||||||
(a)These amounts do not include collateral. Occidental netted $4 million of collateral received from brokers against derivative assets and $130 million of collateral deposited with brokers against derivatives liabilities related to marketing derivatives as of September 30, 2023 and netted $15 million of collateral deposited with brokers against derivative liabilities related to marketing derivatives as of December 31, 2022.
GAINS AND LOSSES ON DERIVATIVES
The following table presents net gains related to Occidental's derivative instruments on the Consolidated Condensed Statements of Operations:
| millions | Three months ended September 30, | Nine months ended September 30, | ||||||||||||
| Income Statement Classification | 2023 | 2022 | 2023 | 2022 | ||||||||||
| Marketing Derivatives | ||||||||||||||
| Net sales (losses) (a) | $ | (114) | $ | 14 | $ | 93 | $ | 473 | ||||||
| Interest Rate Swaps | ||||||||||||||
| Gains on interest rate swaps, net (b) | $ | — | $ | 70 | $ | — | $ | 332 | ||||||
(a) Includes derivative and non-derivative marketing activity.
(b) Occidental retired all remaining outstanding interest rate swaps in the twelve months ended December 31, 2022.
CREDIT RISK
Certain of Occidental's over-the-counter derivative instruments contain credit-risk-contingent features, primarily tied to credit ratings for Occidental or its counterparties, which may affect the amount of collateral that each party would need to post. The aggregate fair value of derivative instruments with credit-risk-related contingent features, for which a net liability position existed as of September 30, 2023, was $126 million. The aggregate fair value of derivative instruments with credit-risk-contingent features, for which a net liability position existed as of December 31, 2022, was $18 million.
| NOTE 6 - INCOME TAXES |
The following table summarizes components of income tax expense:
| Three months ended September 30, | Nine months ended September 30, | |||||||||||||
| millions | 2023 | 2022 | 2023 | 2022 | ||||||||||
| Income before income taxes | $ | 1,809 | $ | 3,648 | $ | 4,870 | $ | 11,717 | ||||||
| Current | ||||||||||||||
| Federal | (243) | (297) | (689) | (1,152) | ||||||||||
| State and Local | (21) | (43) | (53) | (127) | ||||||||||
| Foreign | (120) | (290) | (482) | (826) | ||||||||||
| Total current tax expense | $ | (384) | $ | (630) | $ | (1,224) | $ | (2,105) | ||||||
| Deferred | ||||||||||||||
| Federal | (56) | (264) | (75) | 1,718 | ||||||||||
| State and Local | (2) | 5 | (8) | 83 | ||||||||||
| Foreign | 8 | (13) | (65) | (36) | ||||||||||
| Total deferred tax benefit (expense) | $ | (50) | $ | (272) | $ | (148) | $ | 1,765 | ||||||
| Total income tax expense | $ | (434) | $ | (902) | $ | (1,372) | $ | (340) | ||||||
| Net income | $ | 1,375 | $ | 2,746 | $ | 3,498 | $ | 11,377 | ||||||
| Worldwide effective tax rate | 24 | % | 25 | % | 28 | % | 3 | % |
The 24%, 25%, and 28% worldwide effective tax rates for the three months ended September 30, 2023, three months ended September 30, 2022, and nine months ended September 30, 2023, respectively, are primarily driven by Occidental's jurisdictional mix of income. U.S. income is taxed at a U.S. federal statutory rate of 21%, while international income is subject to tax at statutory rates as high as 55%. These effective rates differ from the 3% tax rate for the nine months ended September 30, 2022, which was impacted by a tax benefit associated with Occidental's legal entity reorganization as described below.
LEGAL ENTITY REORGANIZATION
To align Occidental’s legal entity structure with the nature of its business activities after completing the acquisition of Anadarko and subsequent large scale post-acquisition divestiture program, management undertook a legal entity reorganization that was completed in the three months ended March 31, 2022.
As a result of this legal entity reorganization, management made an adjustment to the tax basis in a portion of its operating assets, thus reducing Occidental’s deferred tax liabilities. Accordingly, for the year ended December 31, 2022, Occidental recorded a tax benefit of $2.7 billion in connection with this reorganization. The timing of any reduction in Occidental’s future cash taxes as a result of this legal entity reorganization will be dependent on a number of factors, including prevailing commodity prices, capital activity level and production mix. The legal entity reorganization transaction is currently under IRS review as part of Occidental’s 2022 federal tax audit.
| NOTE 7 - ENVIRONMENTAL LIABILITIES AND EXPENDITURES |
Occidental and its subsidiaries and their respective operations are subject to stringent federal, regional, state, provincial, tribal, local and international laws and regulations related to improving or maintaining environmental quality. The laws that require or address environmental remediation, including CERCLA and similar federal, regional, state, provincial, tribal, local and international laws, may apply retroactively and regardless of fault, the legality of the original activities or the current ownership or control of sites. Occidental or certain of its subsidiaries participate in or actively monitor a range of remedial activities and government or private proceedings under these laws with respect to alleged past practices at Third-Party, Currently Operated, and Closed or Non-Operated Sites. Remedial activities may include one or more of the following: investigation involving sampling, modeling, risk assessment or monitoring; clean-up measures including removal, treatment or disposal; or operation and maintenance of remedial systems. The environmental proceedings seek funding or performance of remediation and, in some cases, compensation for alleged property damage, natural resource damages, punitive damages, civil penalties, injunctive relief and government oversight costs.
ENVIRONMENTAL REMEDIATION
As of September 30, 2023, certain Occidental subsidiaries participated in or monitored remedial activities or proceedings at 160 sites. The following table presents the current and non-current environmental remediation liabilities of such subsidiaries on a consolidated basis as of September 30, 2023. The current portion of $141 million is included in accrued liabilities and the remainder of $860 million is included in deferred credits and other liabilities - environmental remediation liabilities.
These environmental remediation sites are grouped into NPL Sites and the following three categories of non-NPL Sites—Third-Party Sites, Currently Operated Sites and Closed or Non-Operated Sites.
| millions, except number of sites | Number of Sites | Remediation Balance | ||||||
| NPL Sites | 31 | $ | 436 | |||||
| Third-Party Sites | 65 | 216 | ||||||
| Currently Operated Sites | 13 | 98 | ||||||
| Closed or Non-Operated Sites | 51 | 251 | ||||||
| Total | 160 | $ | 1,001 |
As of September 30, 2023, environmental remediation liabilities of Occidental subsidiaries exceeded $10 million each at 17 of the 160 sites described above, and 95 of the sites had liabilities from $0 to $1 million each. Based on current estimates, Occidental expects its subsidiaries to expend funds corresponding to approximately 45% of the period-end remediation balance over the next three to four years with the remainder over the subsequent 10 or more years.
Occidental believes its range of reasonably possible additional losses of its subsidiaries beyond those amounts currently recorded for environmental remediation for the 160 environmental sites in the table above could be up to $2.7 billion. The status of Occidental's involvement with the sites and related significant assumptions, including those sites indemnified by Maxus, has not changed materially since December 31, 2022.
MAXUS ENVIRONMENTAL SITES
A significant portion of aggregate estimates of environmental remediation liabilities and reasonably possible additional losses described above relates to the former Diamond Shamrock Chemicals Company (DSCC). When OxyChem acquired DSCC in 1986, Maxus agreed to indemnify OxyChem for a number of environmental sites, including the Diamond Alkali Superfund Site (DASS). In June 2016, Maxus and several affiliated companies filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware. Prior to filing for bankruptcy, Maxus defended and indemnified OxyChem in connection with remediation costs and other liabilities associated with the sites subject to the indemnity. Any additional recovery of indemnified costs would come from the proceeds of litigation brought by the Maxus Liquidating Trust (Trust). For additional information on the Trust, see Note 8 - Lawsuits, Claims, Commitments and Contingencies.
DIAMOND ALKALI SUPERFUND SITE
The EPA has organized the DASS into four Operable Units (OUs) for evaluating, selecting and implementing remediation under CERCLA. OxyChem’s current activities in each OU are summarized below, many of which are performed on OxyChem’s behalf by Glenn Springs Holdings, Inc.
OU1 – The Former Diamond Alkali Plant at 80-120 Lister Avenue in Newark, New Jersey: Maxus and its affiliates implemented an interim remedy of OU1 pursuant to a 1990 Consent Decree (OU1 Consent Decree), for which OxyChem currently performs maintenance and monitoring. The EPA is conducting a periodic evaluation of the interim remedy for OU1.
OU2 – The Lower 8.3 Miles of the Lower Passaic River: In March 2016, the EPA issued a Record of Decision (ROD) specifying remedial actions required for OU2. During the third quarter of 2016, and following Maxus’s bankruptcy filing, OxyChem and the EPA entered into an Administrative Order on Consent (AOC) to complete the design of the remedy selected in the OU2 ROD. At that time, the EPA sent notice letters to approximately 100 parties notifying them that they were potentially responsible to pay the costs to implement the remedy in OU2 and announced that it would pursue similar agreements with other potentially responsible parties. In June 2018, OxyChem filed a complaint under CERCLA in the Federal District Court in the State of New Jersey (District Court) against numerous potentially responsible parties seeking contribution and cost recovery of amounts incurred or to be incurred to comply with the AOC and the OU2 ROD, or to perform other remediation activities related to the DASS (2018 Contribution Action). The 2018 Contribution Action remains pending, but is stayed. The District Court has not adjudicated OxyChem’s relative share of responsibility for those costs. The EPA has estimated the cost to remediate OU2 to be approximately $1.4 billion.
OU3 – Newark Bay Study Area, including Newark Bay and Portions of the Hackensack River, Arthur Kill, and Kill van Kull: Maxus and its affiliates initiated a remedial investigation and feasibility study of OU3 pursuant to a 2004 AOC which was amended in 2010. OxyChem is currently performing feasibility study activities in OU3.
OU4 – The 17-mile Lower Passaic River Study Area, comprising OU2 and the Upper 9 Miles of the Lower Passaic River: In September 2021, the EPA issued a ROD selecting an interim remedy for the portion of OU4 that excludes OU2, and is located upstream from the Lister Avenue Plant site for which OxyChem inherited legal responsibility. The EPA has estimated the cost to remediate OU4, excluding OU2, to be approximately $440 million. The District Court has not adjudicated OxyChem's relative share of responsibility for costs under the OU4 ROD. To provide continued, efficient remediation progress, in January 2022, OxyChem offered to design and implement the interim remedy for OU4 subject to certain conditions, including a condition that the EPA would not seek to bar OxyChem’s right to pursue contribution or cost recovery from any other parties that are potentially responsible to pay for the OU4 interim remedy. In March 2022, the EPA sent a notice letter to OxyChem and other parties requesting good faith offers to implement the selected remedies at OU2 and OU4. OxyChem submitted a good faith offer in June 2022, reaffirming the offer to design the remedy for OU4 and offering to enter into additional sequential agreements to remediate OU2 and OU4, subject to similar conditions, including that the EPA not seek to bar OxyChem from pursuing contribution or cost recovery from other responsible parties. The EPA did not accept OxyChem's June 2022 offer. In March 2023, the EPA issued a Unilateral Administrative Order (OU4 UAO) in which it directed and ordered OxyChem to design the EPA’s selected interim remedy for OU4 and to provide approximately $93 million in financial assurance to secure its performance. OxyChem has commenced work to design the interim remedy in compliance with the OU4 UAO. As a result of OxyChem incurring costs to implement the OU4 UAO, and the EPA's proposal to bar OxyChem's contribution claims against the settling parties, including those asserted in the 2018 Contribution Action, OxyChem filed a cost recovery action under CERCLA in March 2023 in the District Court against multiple parties (2023 Cost Recovery Action).
Natural Resource Trustees – In addition to the activities of the EPA and OxyChem in the OUs described above, federal and state natural resource trustees are assessing natural resources in the Lower Passaic River and Greater Newark Bay to evaluate potential claims for natural resource damages.
ALDEN LEEDS LITIGATION
In December 2022, the EPA and the DOJ filed a proposed Consent Decree in the Alden Leeds litigation seeking court approval to settle with 85 parties for a total of $150 million and release them from liability for remediation costs in DASS OU2 and OU4, which OxyChem believes is based on a disproportionate allocation of responsibility to OxyChem despite overwhelming evidence regarding the responsibility of others, and, among other infirmities, is contrary to site-specific sampling and other relevant evidence concerning the liability of the settling parties. The EPA and the DOJ also seek entry of an order that would bar OxyChem from pursuing contribution against those parties for remediation costs OxyChem has incurred or may incur in the future to design and implement the remedies in OU2 and OU4.
In April 2023, the District Court granted OxyChem's request to intervene and participate in the Alden Leeds litigation as a party. OxyChem intends to challenge the proposed settlement vigorously and to seek contribution and cost recovery from other potentially responsible parties for remediation costs it has incurred or may incur at the DASS. Based upon extensive comments on the proposed settlement, the DOJ had requested, and the District Court ordered the DOJ, to inform the District Court by November 21, 2023 whether it will seek approval of the proposed settlement, modify it, or withdraw it. Assuming that the DOJ moves forward with the settlement without modification, the District Court will order a schedule for filing briefs
supporting or opposing the settlement. OxyChem does not know when the District Court will rule on the propriety of the proposed settlement, if the DOJ continues to pursue the settlement. If the proposed settlement is approved by the District Court and not overturned on appeal, then, notwithstanding OxyChem’s vigorous, good faith effort to contest the settlement proposed in the Alden Leeds litigation, the EPA could attempt to compel OxyChem to bear substantially all of the estimated cost to design and implement the OU2 and OU4 remedies. Such a result could have a material adverse impact on OxyChem and Occidental’s consolidated results of operations in the period recorded.
While the remedies for OU2 and OU4 are expected to take over ten years to complete, the EPA may seek to require OxyChem to provide additional financial assurance. In the OU4 UAO, the EPA directed OxyChem to post financial assurance in the amount of approximately $93 million. Subject to all defenses, OxyChem has complied with this directive. The amount of any additional financial assurance is not subject to estimation at this time. It is uncertain when or to what extent the EPA may take action to compel OxyChem to perform further remediation in OU2 or OU4 or the amount of financial assurance the EPA may attempt to require OxyChem to post. For further information on the Alden Leeds litigation, see Note 8 - Lawsuits, Claims, Commitments and Contingencies.
OTHER INFORMATION
For the DASS, OxyChem has accrued a reserve relating to its estimated allocable share of the costs to perform the maintenance and monitoring required in the OU1 Consent Decree, the design and implementation of remedies selected in the OU2 ROD and AOC and the OU4 ROD and OU4 UAO, and the remedial investigation and feasibility study required in OU3.
OxyChem’s accrued environmental remediation reserve does not reflect the potential for additional remediation costs or natural resource damages for the DASS that OxyChem believes are not reasonably estimable. OxyChem’s ultimate liability at the DASS may be higher or lower than the reserved amount and the reasonably possible additional losses, and is subject to final design plans, further action by the EPA and natural resource trustees, and the resolution of OxyChem's allocable share with other potentially responsible parties, among other factors.
OxyChem continues to evaluate the estimated costs currently recorded for remediation at the DASS as well as the range of reasonably possible additional losses beyond those amounts currently recorded. Given the complexity and extent of the remediation efforts, estimates of the remediation costs may increase or decrease over time as new information becomes available.
| NOTE 8 - LAWSUITS, CLAIMS, COMMITMENTS AND CONTINGENCIES |
LEGAL MATTERS
Occidental or certain of its subsidiaries are involved, in the normal course of business, in lawsuits, claims and other proceedings that seek, among other things, compensation for alleged personal injury, breach of contract, property damage or other losses, punitive damages, civil penalties, or injunctive or declaratory relief. Occidental or certain of its subsidiaries are also involved in proceedings under CERCLA and similar federal, regional, state, provincial, tribal, local and international environmental laws. These environmental proceedings seek funding or performance of remediation and, in some cases, compensation for alleged property damage, natural resource damages, punitive damages, civil penalties, injunctive relief and government oversight costs. Usually Occidental or such subsidiaries are among many companies in these environmental proceedings and have to date been successful in sharing remediation costs with other financially sound companies. Further, some lawsuits, claims and other proceedings involve acquired or disposed assets with respect to which a third party or Occidental or its subsidiary retains liability or indemnifies the other party for conditions that existed prior to the transaction.
In accordance with applicable accounting guidance, Occidental or its subsidiaries accrue reserves for outstanding lawsuits, claims and other proceedings when it is probable that a liability has been incurred and the liability can be reasonably estimated. Reserves for matters, other than for the arbitration award (disclosed below), tax matters and disputes or environmental remediation, that satisfy these criteria as of September 30, 2023 and 2022 were not material to Occidental’s Consolidated Condensed Balance Sheets.
If unfavorable outcomes of these matters were to occur, future results of operations or cash flows for any particular quarterly or annual period could be materially adversely affected. Occidental’s estimates are based on information known about legal matters and its experience in contesting, litigating and settling similar matters. Occidental reassesses the probability and estimability of contingent losses as new information becomes available.
ANDES ARBITRATION
In 2016, Occidental received payments from the Republic of Ecuador of approximately $1.0 billion pursuant to a November 2015 arbitration award for Ecuador’s 2006 expropriation of Occidental’s Participation Contract for Block 15. The
awarded amount represented a recovery of Occidental's 60% of the value of Block 15. In 2017, Andes commenced an arbitration against OEPC, claiming it is entitled to a 40% share of the judgment amount obtained by Occidental. Occidental contended that Andes is not entitled to any of the amounts paid under the 2015 arbitration award because Occidental’s recovery was limited to Occidental’s own 60% economic interest in the block. In March 2021, the arbitration tribunal issued an award in favor of Andes and against OEPC in the amount of $391 million plus interest. In June 2021, OEPC filed a motion to vacate the award due to concerns regarding the validity of the award. In December 2021, the U.S. District Court for the Southern District of New York confirmed the arbitration award, plus prejudgment interest, in the aggregate amount of $558 million. OEPC appealed the judgment. In June 2023, the U.S. Court of Appeals for the Second Circuit confirmed the District Court's ruling with respect to the arbitration award but overturned the District Court's decision to add prejudgment interest in the amount of $166 million, ordering the District Court to recalculate the interest amount. On July 13, 2023, OEPC filed a motion for rehearing en banc in the Second Circuit because, in its view, the Second Circuit ruling is contrary to Supreme Court and other Second Circuit precedent. OEPC's motion for en banc rehearing was denied. OEPC intends to seek review in the U.S. Supreme Court. Andes has also filed state court claims in New York and Delaware against OEPC, Occidental Petroleum Corporation (OPC) and OXY USA to attempt to recover on its judgment against OEPC during the pendency of the appeal. The New York state court action against OPC was dismissed with prejudice in March 2023. Andes is pursuing an appeal of this ruling. Andes also continues to attempt to recover its judgment from other Occidental entities (which were not a party to the Andes arbitration) in New York federal court and in Delaware state court. Both OXY USA and Andes filed motions for summary judgment in the Delaware state court action. The Delaware state court will hear argument on these motions on November 21, 2023. All such Occidental entities are vigorously defending against these actions. In addition, OEPC commenced an arbitration against Andes to recover significant additional claims not addressed by the prior arbitration tribunal relating to Andes' 40% share of costs, liabilities, losses and expenses due under the farmout agreement and joint operating agreement to which Andes and OEPC are parties. In July 2023, a majority of the arbitration tribunal declined to award any costs to OEPC based upon the doctrine of res judicata. One arbitrator dissented, noting that the prior arbitration panel expressly noted that it was not ruling on the types of claims asserted by OEPC. Andes has moved to confirm this award and OEPC has moved to vacate the award as a result of, among other things, what OEPC believes are fundamental legal errors embodied in the award.
ALDEN LEEDS AND OTHER LITIGATION
In December 2022, the EPA and the DOJ filed a proposed Consent Decree with the District Court in the Alden Leeds litigation seeking court approval of a proposed settlement in which the EPA seeks to release 85 potentially responsible parties from all remediation costs in OU2 and OU4 of the DASS for approximately $150 million. OxyChem believes the proposed settlement relies, improperly, on an allocation report prepared by an EPA contractor in which the contractor purported to assign a disproportionate share of the responsibility for remediation costs in OU2 and OU4 to OxyChem. In the proposed settlement, the EPA also seeks to bar OxyChem from pursuing contribution claims against the 85 settling parties for remediation costs in OU2 and OU4, including those asserted in OxyChem’s 2018 Contribution Action. The 2018 Contribution Action is currently stayed. The proposed settlement does not address the liability of any party with respect to OU3 or natural resource damages. OxyChem intends to contest the proposed settlement vigorously. As discussed above in Note 7 – Environmental Liabilities and Expenditures, in March 2023, the EPA issued the OU4 UAO, which directs OxyChem to design the remedy for OU4. Subject to its defenses, OxyChem is complying with this order. Based upon the OU4 UAO, OxyChem also filed its 2023 Cost Recovery Action against multiple parties to recover costs incurred or that will be incurred to comply with the OU4 UAO.
The proposed EPA settlement was subject to a public comment period that closed in March 2023. Based upon extensive comments on the proposed settlement, the DOJ has received an extension of time—until November 21, 2023—to inform the District Court whether it will seek approval of the proposed settlement, modify it, or withdraw its support for the proposed settlement. OxyChem believes the proposed settlement exceeds the EPA’s statutory authority and is based on a flawed allocation process. OxyChem also believes that process was unreasonably limited in scope and unreliably based on voluntary reporting by the settling parties, instead of sworn evidence, publicly available sampling results and historical documents reflecting the operating history and disposal practices of the 85 parties that the EPA proposes to release as part of this settlement. OxyChem expects to show that the EPA’s proposed settlement does not fairly and reasonably reflect the settling parties’ contribution of hazardous substances to the DASS and, among other things, incorrectly attributes to OxyChem substances that were contributed by one or more of the 85 settling parties.
If the DOJ pursues settlement in Alden Leeds, then OxyChem will challenge the proposed settlement, as well as the allocation report and process upon which the settlement is based. In the 2018 Contribution Action and 2023 Cost Recovery Action, OxyChem also intends to defend and prosecute vigorously its right to seek contribution and cost recovery from all potentially responsible parties to pay remediation costs in the DASS and to seek a judicial allocation of responsibility under CERCLA. As the Alden Leeds litigation is in its early stages, OxyChem is unable to estimate the timing of the District Court’s decision, its outcome, or the outcome of any appeals from the District Court’s decision.
MAXUS LIQUIDATING TRUST
As described in Note 7 – Environmental Liabilities and Expenditures, Maxus was contractually obligated to indemnify, defend, and hold harmless OxyChem against environmental liabilities arising from the former operations of DSCC. In June 2016, Maxus filed for bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware (the Bankruptcy Court). In June 2017, the Bankruptcy Court approved a Plan of Liquidation to liquidate Maxus and create the Trust for the benefit of Maxus’ creditors, including OxyChem, to pursue claims against Maxus’ current and former parents, YPF and Repsol, certain of their respective subsidiaries and affiliates, and others to satisfy claims by OxyChem and other creditors for past and future remediation and other costs. In July 2017, the court-approved Plan of Liquidation became final, and the Trust became effective. Pursuant to the Plan, the Trust is governed by an independent trustee and is not controlled by OxyChem. The Plan authorizes the Trust to distribute any assets it recovers from such litigation claims to the Trust’s beneficiaries, which include OxyChem and other creditors, in accordance with the Plan and governing Trust Agreement.
In June 2018, the Trust filed its complaint against YPF and Repsol in the Bankruptcy Court asserting claims based upon, among other things, fraudulent transfer and alter ego. During 2019, the Bankruptcy Court denied Repsol's and YPF's motions to dismiss the complaint as well as their motions to move the case to a different court. These rulings were upheld on appeal. The Trust, YPF and Repsol each filed motions for summary judgment, and the Bankruptcy Court denied all but one motion in the second quarter of 2022. The Bankruptcy Court’s summary judgment decision indicated that, at trial, the Trust must establish a causal link between its claimed damages and the alter ego conduct of YPF and Repsol. In April 2023, the Trust, YPF and Repsol reached an agreement to resolve the claims pending in the Bankruptcy Court. Related agreements were executed among the United States Government, YPF and Repsol as well as among OxyChem, YPF and Repsol. Under the settlement, which became final August 1, 2023, YPF and Repsol paid the Trust $575 million, which the Trust is distributing according to the Plan. OxyChem’s share of these settlement proceeds, under the Plan, is approximately $350 million. OxyChem adjusted its valuation allowance established against its claims against Maxus, resulting in a gain of approximately $260 million on the remeasurement of the valuation allowance in the second quarter of 2023. In October 2023, OxyChem recovered proceeds of $341 million.
TAX MATTERS AND DISPUTES
During the course of its operations, Occidental is subject to audit by tax authorities for varying periods in various federal, state, local and international tax jurisdictions. Tax years through 2020 for U.S. federal income tax purposes have been audited by the IRS pursuant to its Compliance Assurance Program and subsequent taxable years are currently under review. Tax years through 2017 have been audited for state income tax purposes. Significant audit matters in international jurisdictions have been resolved through 2010. During the course of tax audits, disputes have arisen and other disputes may arise as to facts and matters of law.
For Anadarko, its taxable years through 2014 and tax year 2016 for U.S. federal tax purposes have been audited by the IRS. Tax years through 2010 have been audited for state income tax purposes. There is one outstanding significant tax matter in an international jurisdiction related to a discontinued operation. As stated above, during the course of tax audits, disputes have arisen and other disputes may arise as to facts and matters of law.
Other than the dispute discussed below, Occidental believes that the resolution of these outstanding tax disputes would not have a material adverse effect on its consolidated financial position or results of operations.
Anadarko received an $881 million tentative refund in 2016 related to its $5.2 billion Tronox Adversary Proceeding settlement payment in 2015. In September 2018, Anadarko received a statutory notice of deficiency from the IRS disallowing the net operating loss carryback and rejecting Anadarko’s refund claim. As a result, Anadarko filed a petition with the U.S. Tax Court to dispute the disallowances in November 2018. Trial was held in May 2023. The parties filed simultaneous post-trial briefs on September 1, 2023 and will file reply briefs on December 7, 2023. Closing arguments are scheduled for January 30, 2024. An opinion by the Tax Court could be issued any time after the closing arguments are completed. If any tax liability is due as a result of the Tax Court’s opinion, it must be fully bonded or paid in full within 90 days of the entry of decision by the Tax Court. If an appeal is not pursued by Anadarko, any resulting tax deficiency will be assessed by the IRS and would be due within 30 days of receiving a formal notice of tax assessment.
In accordance with ASC 740’s guidance on the accounting for uncertain tax positions, Occidental has recorded no tax benefit on the tentative cash tax refund of $881 million. As a result, should Occidental not ultimately prevail on the issue, there would be no additional tax expense recorded relative to this position for financial statement purposes other than future interest. However, in that event, as of September 30, 2023, Occidental would be required to repay approximately $1.4 billion in federal taxes, $28 million in state taxes and accrued interest of $534 million. A liability for the taxes and interest is included in deferred credits and other liabilities - other.
INDEMNITIES TO THIRD PARTIES
Occidental, its subsidiaries, or both have indemnified various parties against specified liabilities those parties might incur in the future in connection with purchases and other transactions that they have entered into with Occidental or its subsidiaries. These indemnities usually are contingent upon the other party incurring liabilities that reach specified thresholds. As of September 30, 2023, Occidental is not aware of circumstances that it believes would reasonably be expected to lead to indemnity claims that would result in payments materially in excess of reserves.
| NOTE 9 - EARNINGS PER SHARE AND STOCKHOLDERS' EQUITY |
The following table presents the calculation of basic and diluted EPS attributable to common stockholders:
| Three months ended September 30, | Nine months ended September 30, | ||||||||||||||||
| millions except per-share amounts | 2023 | 2022 | 2023 | 2022 | |||||||||||||
| Net income | $ | 1,375 | $ | 2,746 | $ | 3,498 | $ | 11,377 | |||||||||
| Less: Preferred stock dividends and redemption premiums | (219) | (200) | (754) | (600) | |||||||||||||
| Net income attributable to common stock | $ | 1,156 | $ | 2,546 | $ | 2,744 | $ | 10,777 | |||||||||
| Less: Net income allocated to participating securities | (7) | (18) | (17) | (76) | |||||||||||||
| Net income, net of participating securities | $ | 1,149 | $ | 2,528 | $ | 2,727 | $ | 10,701 | |||||||||
| Weighted-average number of basic shares | 884.0 | 922.0 | 891.9 | 933.0 | |||||||||||||
| Basic income per common share | $ | 1.30 | $ | 2.74 | $ | 3.06 | $ | 11.47 | |||||||||
| Net income attributable to common stock | $ | 1,156 | $ | 2,546 | $ | 2,744 | $ | 10,777 | |||||||||
| Less: Net income allocated to participating securities | (6) | (17) | (16) | (70) | |||||||||||||
| Net income, net of participating securities | $ | 1,150 | $ | 2,529 | $ | 2,728 | $ | 10,707 | |||||||||
| Weighted-average number of basic shares | 884.0 | 922.0 | 891.9 | 933.0 | |||||||||||||
| Dilutive securities | 74.2 | 80.5 | 72.5 | 72.9 | |||||||||||||
| Dilutive effect of potentially dilutive securities | 958.2 | 1,002.5 | 964.4 | 1,005.9 | |||||||||||||
| Diluted income per common share | $ | 1.20 | $ | 2.52 | $ | 2.83 | $ | 10.64 |
For the three and nine months ended September 30, 2023 and 2022, there were no Occidental common stock warrants nor options that were excluded from diluted shares.
The following table presents Occidental's common share activity, including exercises of options and warrants, other transactions in Occidental's common stock in 2023 and treasury stock purchased both under its $3.0 billion stock repurchase plan announced in February 2023 and from the trustee of Occidental's defined contribution savings plan:
| Period | Exercise of Warrants and Options (a) | Other (b) | Treasury Stock Purchases | Common Stock Outstanding (c) | ||||||||||
| December 31, 2022 | 899,858,944 | |||||||||||||
| First Quarter 2023 | 268,371 | 3,935,166 | (12,511,237) | 891,551,244 | ||||||||||
| Second Quarter 2023 | 205,631 | 158,473 | (7,233,460) | 884,681,888 | ||||||||||
| Third Quarter 2023 | 2,468,799 | 19,248 | (9,468,451) | 877,701,484 | ||||||||||
| Total 2023 | 2,942,801 | 4,112,887 | (29,213,148) | 877,701,484 | ||||||||||
(a) Approximately $70 million of cash was received as a result of the exercise of common stock warrants and options.
(b) Consists of issuances from the 2015 long-term incentive plan, the OPC savings plan and the dividend reinvestment plan.
(c) As of September 30, 2023, Occidental has 101.4 million outstanding warrants with a strike of $22.00 per share and 83.9 million of warrants with a strike of $59.62 per share.
PREFERRED STOCK REDEMPTION
In connection with the Anadarko acquisition, Occidental issued 100,000 shares of series A preferred stock, with a face value of $100,000 per share and a liquidation preference of $105,000 per share plus unpaid accrued dividends. Prior to August 2029, a mandatory redemption provision obligates Occidental to redeem preferred stock at a 10% premium to face value on a dollar-for-dollar basis for every dollar distributed to common shareholders (either via common stock dividends or share repurchases) above $4.00 per share, on a trailing 12-month basis. Preferred redemptions can settle between 30 and 60 days from the date Berkshire Hathaway is notified of the redemption obligation and accrued unpaid dividends are paid up to but not including the redemption date. Occidental cannot voluntarily redeem preferred stock before August 2029. After August 2029, Occidental can voluntarily redeem preferred stock at a 5% premium to face value.
Dividends on preferred stock accrue on the face value at a rate per annum of 8%, but will be paid only when, and if, declared by Occidental’s Board of Directors. At any time, when such dividends have not been paid in full, the unpaid amounts will accrue dividends, compounded quarterly, at a rate per annum of 9%. Following the payment in full of any accrued but unpaid dividends, the dividend rate will remain at 9% per annum. If preferred dividends are not paid in full, Occidental is prohibited from paying dividends on common stock. Occidental paid $187 million in preferred stock dividends in the third quarter of 2023.
In the three months ended September 30, 2023, Occidental triggered and redeemed preferred stock with a face value of $342 million, and incurred $34 million in redemption premiums. In the nine months ended September 30, 2023, Occidental redeemed preferred stock with a face value of $1.5 billion, and incurred $151 million in redemption premiums. To the extent Occidental's trailing 12-month distributions to common shareholders is above $4.00 per share, Occidental is required to match any common shareholder distributions with preferred stock redemptions. As of the date of this filing, approximately $8.5 billion face value of preferred stock remains outstanding.
The following table presents preferred stock redemption activity for the nine months ended September 30, 2023:
| shares of preferred stock | |||||
| Preferred stock, as of December 31, 2022 | 100,000 | ||||
| Less: Preferred redemptions | (15,103) | ||||
| Preferred stock, as of September 30, 2023 | 84,897 |
The carrying value of preferred stock is less than the face value. The difference between carrying value and face value, along with the redemption premium, reduces net income available to common stockholders. The following presents the components of preferred stock dividends and redemptions:
| millions | Three months ended September 30, 2023 | Nine months ended September 30, 2023 | ||||||
| Preferred dividends | $ | 177 | $ | 567 | ||||
| Redemption premium | 34 | 151 | ||||||
| Redemption value in excess of carrying value | 8 | 36 | ||||||
| Preferred dividend and redemption premiums | $ | 219 | $ | 754 |
| NOTE 10 - SEGMENTS |
Occidental conducts its operations through three segments: (1) oil and gas; (2) chemical; and (3) midstream and marketing. Income taxes, interest income, interest expense, environmental remediation expenses and unallocated corporate expenses are included under corporate and eliminations. Intersegment sales eliminate upon consolidation and are generally made at prices approximating those that the selling entity would be able to obtain in third-party transactions. The following table presents Occidental’s industry segments:
| millions | Oil and gas (a) | Chemical | Midstream and marketing (b) | Corporate and eliminations (c) | Total | ||||||||||||
| Three months ended September 30, 2023 | |||||||||||||||||
| Net sales | $ | 5,594 | $ | 1,309 | $ | 552 | $ | (297) | $ | 7,158 | |||||||
| Income (loss) before income taxes | $ | 1,969 | $ | 373 | $ | (130) | $ | (403) | $ | 1,809 | |||||||
| Income tax expense | — | — | — | (434) | (434) | ||||||||||||
| Net income (loss) | $ | 1,969 | $ | 373 | $ | (130) | $ | (837) | $ | 1,375 | |||||||
| Three months ended September 30, 2022 | |||||||||||||||||
| Net sales | $ | 7,098 | $ | 1,691 | $ | 1,005 | $ | (404) | $ | 9,390 | |||||||
| Income (loss) before income taxes | $ | 3,345 | $ | 580 | $ | 104 | $ | (381) | $ | 3,648 | |||||||
| Income tax expense | — | — | — | (902) | (902) | ||||||||||||
| Net income (loss) | $ | 3,345 | $ | 580 | $ | 104 | $ | (1,283) | $ | 2,746 | |||||||
| millions | Oil and gas (a) | Chemical | Midstream and marketing (b) | Corporate and eliminations (c) | Total | ||||||||||||
| Nine months ended September 30, 2023 | |||||||||||||||||
| Net sales | $ | 15,860 | $ | 4,089 | $ | 1,919 | $ | (783) | $ | 21,085 | |||||||
| Income (loss) before income taxes | $ | 4,668 | $ | 1,281 | $ | (158) | $ | (921) | $ | 4,870 | |||||||
| Income tax expense | — | — | — | (1,372) | (1,372) | ||||||||||||
| Net income (loss) | $ | 4,668 | $ | 1,281 | $ | (158) | $ | (2,293) | $ | 3,498 | |||||||
| Nine months ended September 30, 2022 | |||||||||||||||||
| Net sales | $ | 20,869 | $ | 5,284 | $ | 3,361 | $ | (1,099) | $ | 28,415 | |||||||
| Income (loss) before income taxes | $ | 10,337 | $ | 2,051 | $ | 318 | $ | (989) | $ | 11,717 | |||||||
| Income tax expense | — | — | — | (340) | (340) | ||||||||||||
| Net income (loss) | $ | 10,337 | $ | 2,051 | $ | 318 | $ | (1,329) | $ | 11,377 |
(a) The three and nine months ended September 30, 2023 included the sale of certain non-core proved and unproved properties in the Permian Basin for a net gain of $142 million. The nine months ended September 30, 2023 also included a $180 million impairment related to undeveloped acreage in the northern non-core area of the Powder River Basin, a $29 million impairment related to an equity method investment in the Black Butte Coal Company and a $26 million litigation settlement gain. The nine months ended September 30, 2022 included $147 million of gains, primarily related to the sale of certain non-strategic assets in the Permian Basin.
(b) The three and nine months ended September 30, 2023 included $81 million and $41 million of net derivative mark-to-market losses, $34 million and $60 million of asset impairments and other charges, respectively and a $51 million gain on the sale of 5.1 million limited partner units in WES. The three and nine months ended September 30, 2022 included $84 million and $186 million of net derivative mark-to-market losses, respectively and a $62 million gain on the sale of 10 million limited partner units in WES.
(c) The three months ended September 30, 2023 included a $3 million deferred benefit and the nine months ended September 30, 2023 included a $65 million deferred tax charge related to the Algeria contract renewal. The nine months ended September 30, 2023 included a $260 million gain related to a Maxus environmental reserve adjustment, see Note 8 - Lawsuits, Claims, Commitments and Contingencies for further information. The three months ended September 30, 2022 included a $70 million gain on interest rate swaps. The nine months ended September 30, 2022 included a tax benefit of $2.6 billion in connection with Occidental's legal entity reorganization, which is further discussed in Note 6 - Income Taxes, as well as a $332 million gain on interest rate swaps and a $143 million gain on early debt extinguishment.
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