- 49 - replacement reserves. Additionally, respondent contends that the acquisition of Tri-Power did not significantly add to petitioner's reserve base because the total reserves acquired amounted to less than the reserves of several single wells already owned by petitioner. We disagree with respondent's contentions. Notwithstanding its existing supply of gas reserves at the time of the acquisition of Tri-Power, petitioner needed to continue the growth of its reserve base. Several witnesses testified that reserve growth is necessary for survival in the oil and gas business: oil and gas companies must replace diminishing reserves; otherwise they simply produce themselves out of business. Additionally, although the KCC infill drilling order allowed petitioner to increase its gas reserves, it did nothing to diversify petitioner's production mix. Petitioner still needed oil reserves. Finally, although Tri-Power's reserves were small in comparison to petitioner's existing reserves, the acquisition was wholly consistent with petitioner's initial strategy to make smaller acquisitions. Furthermore, the acquisition of Tri-Power replaced over half of petitioner's 1986 production. Respondent also contends that the dropdown served no real business purpose except to enable petitioner to use Tri-Power's NOL's. We disagree. Petitioner transferred its oil and gasPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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