- 15 - the EOR technology were excessive, unreasonable, and valueless. The fixed fees agreed to by Cromwell for license of the EOR technology were not competitive in the industry and were contrary to industry norms. Further, a prudent investor would not agree to pay substantial fixed fees for undeveloped, untested technology that could be licensed directly from the inventors for no fixed fees but for merely running royalties based on actual incremental production attributable to the technology. Of petitioners' experts, only John Cayias attempts to address the potential profitability of Cromwell and thereby to justify Cromwell’s license fees. Cayias’ speculative economic projections, however, are not credible. Cayias' projections assume commercial development and a successful pilot of the technology. Cayias' projections do not account for the risk that a pilot would be unsuccessful nor the multimillion dollar cost of a pilot of the technology. Cromwell had only $153,000 for use on its tar sands properties, an amount totally deficient to fund the resource definition, coring, pilot, and other steps required just to get to the starting point of Cayias' projections. Cayias' failure to account for real costs and risks is inexcusable. Cayias errs in his assumption that Cromwell alone, and no other partnership, would receive proceeds from development of the Burnt Hollow acreage, one of the tar sands properties. The proceeds from development of any Burnt Hollow acreage would havePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011