Wall Street analysts are predisposed to be supportive of management’s M&A activities.  The sycophantic posturing that precedes an earnings call question with, “Nice quarter, guys” lives in the hope of investment banking business. Hence the response of sell-side analysts to Oneok’s (OKE) proposed acquisition of Magellan Midstream (MMP) is one of mild surprise at this unlikely combination that stops short of overt criticism.

The numbers offer a less enthusiastic reception. OKE is –8% since the deal was announced, in spite of the $1.5BN tax shield and $200-400MM of annual synergies. MMP is up 13%, but this is well short of the 22% premium that heralded the deal because of OKE’s underperformance. In addition, MMP investors are facing the recapture of deferred taxes on prior distributions. This will be more for long term holders, which runs counter to the point of MLPs which is to allow long term management of tax deferrals by investors.

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It’s hard to see anyone other than a recent MMP investor being untroubled by the recapture. The cohort of long term MMP holders may be too small for their votes to disrupt the deal. MMP has presumably analyzed this closely. But financial advisors who hold MMP in client accounts will not relish explaining any unexpected tax bill to clients.

An investor who owned OKE and MMP in proportion to their relative market caps is down 2.2%. By contrast, the Alerian MLP Index (AMZX) has gained 4.8% since the deal, partly due to MMP’s jump but also because traders have anticipated a rebalancing from MMP once it disappears into the shrinking group of remaining MLPs. In other words, the investors who have done best out of this deal are the ones not involved in it.

If the transaction ultimately closes, enthusiasm will be muted. The proposed OKE acquisition of MMP is a solution to a problem nobody has.

Turning to the regional bank crisis — a few weeks ago I shared my experience as treasurer of our Naples co-op in trying to earn a fair interest rate on our cash (see Some Banks Are Having To Pay More). We recently switched banks and left the 3% deposit rate that we had only achieved through persistent complaints. Banks operate on the assumption that you don’t know where treasury bills or Fed Funds are.

Our new bank relationship began at 0.25%. The initial response when I requested a competitive rate was that I should point out a competitor’s rate and they would then consider the matter. I responded that 0.25% was so off-market that it was unworthy of such effort and that they were insulting my intelligence. Days passed with no response, and finally they improved to 2%. This is from a bank whose market cap has shed two thirds in the past eighteen months.

So we’re going to open a brokerage account and buy treasury bills which yield 5%. It creates some additional administrative work, but such offensive behavior demands it. This is how one regional bank will lose a $500K deposit. Banks behave as if we’re stupid, or lazy. Their prior experience may justify such a stance, but it hardly seems like a stable business model to hold your customers in such low regard.

The question regional bank investors must answer is whether large numbers of depositors will react like us. Banking services need to be paid for. Banks rely on paying a discounted rate on deposits. The last time Fed funds traded above 2.5% was in 2008 before the Great Financial Crisis (GFC). Since then, deposit rates near zero haven’t represented much of an opportunity cost for customers.

Now they do, and in the intervening fifteen years moving money and gaining access to information have only become easier. Banks don’t seem willing to create linked brokerage accounts that can own treasury bills, and information about deposit rates for business clients is kept intentionally opaque. They don’t make it easy.

Nonetheless, foregoing a couple of per cent on $250K might strike many depositors as a steep price to pay for banking services.

If competitive pressure forces deposit rates higher, net interest margins will be squeezed. The argument against marking to market bank holdings of securities rests on the notion that deposits are sticky and when rates are rising the value of that stickiness (ie the discount to treasury bill yields) increases. But this is based on past behavior. How depositors reacted to rising rates prior to the GFC may not be a useful guide today. Deposits can leave, at times quickly. Regional bank investors will find out in the months ahead how responsive savers are to more competitive rates from the US Treasury.

We have three funds that seek to profit from this environment:

Energy Mutual Fund

Energy ETF

Real Assets Fund

Oneok Inc (OKE) surprised sell-side analysts with their Mother’s Day acquisition announcement of Magellan Midstream, LP (MMP) at a 22% premium. Anticipated synergies of $200MM aren’t that big for the $18.8BN transaction value. Management expects that to reach $400MM+ but nobody can ever tell after the fact whether it happened or not. And given the merged entity’s $60BN enterprise value, it’s insignificant.

By resetting the cost basis of MMP’s infrastructure assets, OKE expects to realize tax deferrals with an NPV of $1.5BN. Critics assert that taxes are the chief motivation with few visible benefits from synergies. Moreover, the tax benefits are coming from long-time MMP unitholders, for whom the transaction is defined as a sale of their MMP holdings.

MLP investors enjoy tax-deferred distributions, because the K-1s allow them to include their proportional share of the business’s depreciation in their tax returns. Eventually this tax has to be paid, usually when the investor decides to sell. Making a charitable donation of MLP units is one way to avoid the recapture of deferred taxes. Another is to never sell, instead leaving the investment to one’s heirs who acquire the units with a current cost basis.

The least attractive way to deal with the deferred taxes is to be forced to pay them when the company decides to sell. This is what MMP has done. Tax impacts vary by length of ownership. The longer your ownership the bigger your tax recapture. Recent MMP buyers aren’t much impacted by this.  Your blogger, a long-time MMP investor, is at the less pleasant end of this range.

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MMP is treating its investors in a similar way to Kinder Morgan when they rolled up Kinder Morgan Partners (KMP) into the parent c-corp in 2014. As well as a tax bill at a time of management’s choosing, KMP investors were also stuck with a reduced dividend. Nine years later former KMP holders remain bitter.

MMP can calculate the recapture liability for all their unitholders. On Monday’s call to discuss the deal, management noted that the $25 per MMP unit cash component was based on the aggregate tax liability of MMP unitholders. Assuming they use the cash portion of the deal to pay taxes generated by the transaction, Wells Fargo calculates that the average MMP investor will suffer a 38% distribution cut. Long-time investors will do even worse, because they’ll have a bigger than average tax liability. MLP investors are highly attuned to taxes, which is why they tolerate the K-1s. A significant percentage of MMP holders will face a tax liability in excess of the cash component. They won’t be happy.

Many investors own both companies. OKE likes the diversification provided by MMP refined products pipelines, but investors already had that as separate entities. By Tuesday’s close, the 22% premium had shrunk to 13% because OKE dropped 11% since the announcement. This increases the proportion of MMP unitholders who are net worse off from the transaction after calculating the tax recapture. An investor who holds both names in proportion to their market cap has lost more on OKE’s slump than she’s gained from MMP’s rise. And that’s before adding in the cost of the recapture of taxes deferred on prior MMP distributions. The market regards this as a value-destroying transaction. It’s not even clearly good for MMP investors alone because of the recapture.

A simple way to think of the transaction is to imagine that you owned 100% of both companies. Would you borrow $5.1BN, like OKE, to pay deferred MMP taxes in exchange for a tax shield from the stepped-up cost basis? Few of us would take on debt to pay taxes sooner rather than later. Moreover, MMP investors are there for the tax deferral and have lost it. By contrast, OKE investors care more about the increased leverage than the tax shield offered by acquiring MMP assets, as shown by the weakness in OKE since the deal was announced.

Small MLPs initially performed strongly on the news, because MLP-dedicated funds like the Alerian MLP ETF (AMLP) will have to rebalance away from MMP by investing in the ever-diminishing pool of MLPs. For example, Crestwood LP (CEQP) rose 8.5% on Monday as traders anticipated this inflow of index-constrained buying. Energy Transfer LP (ET) didn’t react the same way because it’s already at its position limit in AMLP’s index.

There’s nothing about the OKE/MMP transaction that is intrinsically bullish for CEQP or other MLPs. Traders are positioning ahead of a rebalancing. The MLP structure is out of favor compared with the more conventional c-corp because of its limited investor base. Most institutional equity investors are tax exempt and face onerous taxes if they invest in partnerships. Retail investors dislike the tax complexity of K-1s.

This leaves US taxable, K-1 tolerant buyers – wealthy individuals and taxable institutions. This includes the poorly structured AMLP, which will have to accrue for taxes once more when market appreciation turns its unrealized losses into gains. So it’s hard to interpret one more MLP going away as a reason to own a concentrated portfolio of MLPs, even though MLP-dedicated funds did receive a performance bump on Monday.

The combination looks unattractive all round. SMA managers will be explaining to clients for whom they own MMP why a strategy designed to defer taxes has instead presented an unwelcome tax bill. It tarnishes the entire MLP structure, because being a long-term investor brings increased exposure to another MMP deal with sudden tax recapture. It’s unclear why investors in either company should vote to approve. We own both OKE and MMP. That will give us two chances to vote no.

We have three funds that seek to profit from this environment:

Energy Mutual Fund

Energy ETF

Real Assets Fund

Last week the WSJ warned that We May Be Getting Used To High Inflation. Only 9% of respondents in a recent survey think inflation is our most important problem. Government leadership (presumably the absence thereof) and “the economy in general” were both bigger concerns.

Americans are learning to live with higher inflation. The University of Michigan shows that one year inflation expectations among consumers have been rising all year. The Employment Cost Index is increasing at 5%, a figure generally felt to be inconsistent with 2% inflation. The Fed’s preferred Personal Consumption Expenditures (PCE) deflator has been above 3% for two years. These are all signs that households and businesses are adapting to a world of 3-4% inflation, not 2%.

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The bond market tells a different story. The spread between ten year treasury notes and TIPs implies investors expect CPI to average around 2.3% over the next decade. By this measure, markets have never been that worried about persistent inflation. It’s remained below 2.5% for most of the past year.

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TIPs ought to be a reliable indicator, because return-seeking bond buyers are presumably putting considerable thought into their purchases. But to this observer it looks likely that years of Quantitative Easing (QE) along with $TNs held by foreign central banks (China; Japan) and others who want returnless liquidity have distorted the message bonds would otherwise communicate. Bonds are a broken indicator.

WSJ writer Greg Ip thinks Americans getting used to higher inflation “very bad news”. He’s right if the Federal Reserve regards embedded inflation expectations as in need of further monetary attention. But it’s not clear that 3% or 4% inflation is worse for real GDP growth than 2%.

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Since 1990, five year trailing CPI inflation has ranged from 2-4% and had been slowly declining until the pandemic-induced jump. There is no statistical relationship with real GDP growth. That doesn’t mean that inflation doesn’t matter, but the data shows that if it’s relatively stable 2% isn’t any better than 4%. Central bankers have made 2% a religious tenet. It’s really a shibboleth.

Raising the debt ceiling will soon become the biggest concern of market participants, since negotiations look likely to reach or even pass the deadline. A rare flaw in the US constitution separates spending decisions from financing ones – Congress ought to raise the debt ceiling whenever they approve a budget. The debt ceiling standoff is what passes for serious consideration of America’s fiscal outlook in Washington, so every couple of years we wonder whether this game of chicken will go wrong. US credit default swap spreads are wider than Greece.

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Our projected indebtedness is familiar with no solution in sight. The deficit barely registers as an issue. Politicians who suggest raising taxes or cutting spending soon get dumped by voters and move on to the more lucrative business of lobbying.

The Fed deserves their share of blame. Fifteen years of QE has held bond yields down, muting whatever warning of fiscal profligacy higher yields might otherwise transmit.

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More recently, higher interest rates have brought various terrible milestones closer by two to three years (see How Tightening Impacts Our Fiscal Outlook). The February 2023 edition of The Budget and Economic Outlook, published by the Congressional Budget Office, was updated for the Fed’s tighter monetary policy compared with the previous publication in May 2022. Debt:GDP will now cross 100% in 2024 rather than 2027. Annual interest expense will reach $1TN in 2028 not 2030.

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Inflation is the friend of the inveterate borrower. It reduces the real value of obligations. Our fiscal outlook will benefit if debt growth lags nominal GDP. Low interest rates, especially negative real rates, help. 4% inflation leaves more room for real yields to be negative. 2% doesn’t, and as we’re seeing the effort to get inflation back to 2% is making our fiscal outlook worse.

Throughout history governments have eased their debt burden through currency debasement. I explained why this will be America’s solution a decade ago in Bonds Are Not Forever. Developments since then confirm this outlook. There’s little reason to expect spending cuts or tax hikes because there are no votes in it and no apparent cost to current policies. Today’s biggest economic disruption is coming from the Fed’s efforts to restore inflation to 2%. Regional banks and the Federal government need lower rates. There’s a fiscal cost to tight monetary policy.

We can lower inflation or our debt burden. We can’t do both. They are mutually incompatible objectives. We are already learning to live with 4% inflation. It’s not that bad. It’s the path of least resistance.

We have three funds that seek to profit from this environment:

Energy Mutual Fund

Energy ETF

Real Assets Fund

The relationship between crude oil and pipelines exhibits the qualities of a copula distribution. This was suggested to us last week by a highly numerate financial advisor, commenting on the tendency of the midstream energy infrastructure sector to have its biggest falls when oil is also collapsing.

It is an unfortunate historical truth that a sharp drop in economic activity, such as at the onset of the pandemic, can depress both the price of oil and expectations for volumes of hydrocarbons passing through America’s pipelines. At such times investors recall being told it’s a toll model largely indifferent to commodity prices. This is true, but when commodities fall far enough it can signal a drop in volumes.

This is why the weakening relationship between the two is so welcome. Since mid-April Brent crude has shed $10 per barrel, while the American Energy Independence Index (AEITR) is close to unchanged. America’s regional banking crisis is one of the causes. Signs of the credit crunch are few, but a bank whose regulator is checking on their liquidity is likely to be trimming its risk appetite.

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Construction loans would seem especially vulnerable. 350 California Street in San Francisco is expected to sell at an upcoming auction for 80% less than its $300 million 2019 appraised value. This will provide a useful benchmark for commercial real estate. Hybrid work has hit the Bay area office market especially hard. But the city also shows how much wreckage unchecked liberal policies can inflict. City leaders are considering a slave reparations bill that would award $5million to every eligible black adult, to be funded by the other 94% of the city’s population. A commensurate population shift will likely follow. California is contemplating something similar, at a cost of up to $800BN.

The decoupling of pipelines from crude oil relies in part on stronger balance sheets. The median Debt:EBITDA for investment grade companies is 3.5X. Ten years ago 4-4.5X was common. Most businesses are on a trajectory towards further reduced leverage next year, driven by increasing EBITDA.

Since the beginning of last year, daily returns of oil and the AEITR have a correlation of 0.45. They move together more often than not, but it’s a weak relationship. Following Russia’s invasion of Ukraine crude oil gyrated wildly while pipelines trended up. Crude was up over 50% by midyear, while the AEITR was +13%. During the second half of last year crude fell over 30% while the AEITR was +7%. So far this year they are down 5% and flat respectively.

The AEITR has also been helped by 1Q23 earnings, which followed a familiar pattern whereby companies generally beat expectations by a few percent. Cheniere is usually the exception, once again reporting a huge beat with 1Q23 EBITDA of $3.6BN (versus $2.5BN expected). They also raised full year guidance from $8-8.5BN to $8.2-8.7BN.

The energy sector is sitting on a growing pile of cash. This also acts to shield companies from movements in oil and gas prices. Exxon Mobil finished the quarter with almost $33BN cash on hand. Six big global oil companies have almost $160BN in cash.

Midstream companies tend not to accumulate cash to the same degree but are returning it to stockholders with dividend hikes and buybacks. Capex is creeping up in a few cases, but for the most part financial discipline remains.

The other day an investor asked me why riskless treasury bills yielding 5% weren’t better than energy infrastructure yielding 6% but with equity volatility. The answer is that treasury bills won’t always yield 5%, and interest rate futures imply they’ll be at 3% by the end of next year. Ample dividend coverage with the continued prospect of increases will lead more investors to this sector once the Fed starts cutting rates. Two publications from the Fed on Monday showed that they’re starting to appreciate the risk of regional banks adopting a more cautious attitude towards new exposure.

Bill Gross told Bloomberg TV that he has 30% of his personal portfolio in MLPs. He referred to Energy Transfer as an ETF (he was appearing on ETF IQ) and likes the tax deferred yields. His comments are at the 15 minute mark.

A fixed income investor likes the yield on pipeline stocks. Ten year treasuries at 3.5% are an improvement on the past few years but still inadequate to prevailing inflation.

It’s also interesting to see that NextEra, the most valuable power company in America and a leader in renewables, is planning to invest $20BN in hydrogen. The tax credits in the Inflation Reduction Act (IRA) are an important driver. But solar and wind projects are facing increasing challenges. Danish company Orsted, Spain’s Iberdrola and a JV including Shell are all developing offshore wind projects in New England and have requested a regulatory review of contracts because of sharply higher costs.

Weather-dependent power that requires enormous space and long-distance transmission lines is a miserable future. Hydrogen is expensive, although less so under the IRA. But like natural gas it’s energy dense and dispatchable, meaning it’s there when needed not just when it’s sunny or windy. And it can move by pipeline. Midstream energy infrastructure companies will be ready.

We have three funds that seek to profit from this environment:

Energy Mutual Fund

Energy ETF

Real Assets Fund

I looked through First Horizon Bank’s (FHN) 10K last week. They were in the news because Toronto Dominion (TD) canceled their merger agreement due to uncertainty about when they might receive regulatory approval. FHN’s stock slumped to below $10. The merger price, agreed in February of last year, was $25.

FHN CEO Bryan Jordan told CNBC that he had never been able to ascertain from TD the precise nature of the regulatory impediment that TD was facing. Nonetheless TD had second thoughts and regarded the $200 million break-up fee as better business than paying $13.45BN for a bank whose market cap is now less than half that.

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FHN reported $1,159 million in pre-tax income last year, down modestly from 2021’s figure of $1,284 million. This excludes unrealized losses on their securities portfolio and hedges of $1,080 million, reported under Other Comprehensive Income. Including them would have wiped out the whole year’s profit. Perhaps this convinced TD to walk away.

When interest rates depress the value of bonds, banks don’t have to record unrealized losses as long as they have the intention and ability to hold them until maturity. Defenders of this approach argue that higher rates benefit the liability side of a bank’s balance sheet because deposit rates typically rise less than Fed Funds. Revaluing the assets and not the liabilities would present an inaccurate picture. However, it assumes the deposits won’t leave. Banks rely on history to assess the stickiness of their deposit base. Sometimes, as with Silicon Valley and First Republic, they’re wrong.

Deposits are sticky because savers are lazy or unsure how to access better rates using treasury bills. Banks are relying on this historic behavior repeating to fund their underwater bonds with uncompetitive deposit rates.

It costs money to provide banking services, and fees are highly unpopular. So in effect the fees are bundled into the service. Banks don’t pay much interest. That’s the fee.

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Most of us weren’t watching while banks steadily loaded up on interest rate risk following the 2008 Great Financial Crisis (GFC). Quantitative Easing (QE) was intended to stimulate demand for capital by suppressing rates. But what’s good for borrowers can be bad for lenders. Many banks responded to low rates by increasing fixed rate commercial loans and mortgages. QE was supposed to encourage borrowing, but it also encouraged more long-term lending from banks.

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FHN is a portfolio of underwater bonds and loans whose funding relies on uninformed depositors willing to leave money with them at low rates. Banks have always paid uncompetitive rates on savings. It’s part of the business model. It’s why banks traditionally do well when rates go up. FHN’s 10K shows that their Net Interest Margin (NIM) improves with higher rates. In 1Q23 earnings released on Thursday NIM deteriorated in spite of continued Fed tightening. And last year higher rates cost FHN over $1BN.

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Like most banks, FHN assumes their deposits are unlikely to leave for higher rates elsewhere. But is that about to change? Silicon Valley caused people to ask two questions: (1) Is my money safe? (2) What interest is it earning?

The Fed has played a significant role in this. Because of QE investors and banks have faced unattractively low rates for years. The Fed was slow to recognize the risk of inflation. As a result, they raised rates faster than many expected. And they didn’t consider the impact on the banking system, which they regulate, of higher rates.

The Fed added to the pressure on regional banks by raising rates last week, further highlighting the uncompetitive rates paid on deposits. An increase in the FDIC cap above $250K would slow the outflow, but what banks really need is lower short term rates. Heavy reliance on large uninsured deposits isn’t every bank’s problem. But holdings of low fixed rate securities and loans are widespread.

America has over 4,000 banks. The figure has been declining for decades. We had twice that number in 1999. This abundance is a uniquely American construct, a legacy of state banking regulations which used to impede expansion. Often the small bank strategy was to be acquired by a bigger one. Today that’s only happening as a distressed sale. We’re learning that there aren’t 4,000 competent chief risk officers employed in the banking system.

Today, why would you deposit cash at First Horizon or indeed any bank beyond the amount you need to keep in a checking account? Fees are disguised as paltry rates on deposits. Banks have insulted our intelligence in this way for years. Rapid Fed tightening is illuminating it.

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The market is priced for the Fed to provide banking relief in the form of lower rates, this year. The FOMC is in denial – slow as usual to comprehend what’s happening. The regional banking crisis won’t end until the Fed gets it. In the meantime, loan growth at all but the biggest institutions will be constrained by the risk of a rapid loss of deposits and recourse to wholesale funding in the Fed Funds market. Few banks can profitably fund their assets at 5%.

This is why you should bet on 4% inflation instead of 2%. It’s the path of least resistance.

We have three funds that seek to profit from this environment:

Energy Mutual Fund

Energy ETF

Real Assets Fund

The Inflation Reduction Act (IRA) may be the least appropriately named legislation in recent memory. That doesn’t detract from its impactfulness. Ever since its passage last summer, energy companies have been exploring ways to benefit from the uncapped tax credits and other subsidies available.

The IRA provided an improved tax credit of $180 per tonne under Section 45Q of the Internal Revenue Code for Direct Air Capture (DAC) of CO2. Occidental is building the world’s biggest DAC facility in Texas to extract CO2 from the ambient air and store it underground. They also increased the tax credit for CO2 that’s captured as emissions from facilities such as petrochemical plants to $130 per tonne.

Even CO2 used in Enhanced Oil Recovery (EOR) generates up to $85 per tonne in tax credits if it’s permanently stored underground. Tax credits for CO2 used in EOR does seem at odds with far left wing views of the energy transition but reflects a more pragmatic approach than some expected.

The Congressional Budget Office (CBO) estimated the expense of all these provisions at $3.2BN over a decade. Last year, when Credit Suisse was still expecting to thrive as an independent company, they estimated the cost of all these revised tax credits at $52BN.  Bloomberg New Energy Finance has estimated the cost could be over $100BN. Assuming a multiplier effect on government spending, Credit Suisse thinks the economic boost over a decade could be $1.7TN.

The tax credits are uncapped, so there’s no legislated limit on how high they can go. They’re credits not payments, which ordinarily would restrict their recipients to companies with a tax obligation. But the IRA allows the tax credits to be sold. Even though this would likely require a discount to face value to induce a transaction, the transferability greatly increases the pool of potential users and therefore the ultimate cost.

More recently, Goldman Sachs has estimated that the IRA will cost $1.2TN. Last year, Senate Democrats put the cost at $369BN. There’s a growing realization that the IRA represents substantial stimulus and will move the US towards lower greenhouse gas emissions. The IRA relies on incentives to reduce emissions, contrasting with the European approach which relies on penalizing emissions. Economists favor the latter. The US political system responds better to the carrot than the stick.

There are probably hundreds of companies that will benefit from the largesse of the IRA. Next Carbon Solutions is a division of NextDecade. They expect to be able to provide “end-to-end carbon capture and storage (CCS) solutions for industrial facilities.” They are planning to “partner with industrial facilities to invest in the deployment of CCS.” Management has even suggested to us that the carbon solutions business could be more important than the LNG facility they’re planning.

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Another company that’s well positioned is Enlink. They recently signed a CO2 transportation agreement with a company in Louisiana. The Bayou state is the second largest industrial emitter of CO2, more than half of which comes from petrochemical and manufacturing businesses along the Mississippi River Corridor. Enlink already has an existing natural gas network that reaches this area and believes it can repurpose certain pipelines to carry CO2. They plan to gather gaseous CO2 and move it to central compression facilities where it’ll be converted to a supercritical state before being injected into appropriate geological formations. Many receptive rock formations exist in the area.

The improved 45Q tax credits in the IRA have made this a bigger opportunity.

In what seems like a regular occurrence, Cheniere raised full year guidance when releasing their 1Q23 earnings yesterday morning. Investors are becoming harder to impress; EBITDA of almost $3.6BN was $1.1BN ahead of consensus, yet the stock slumped 3%.

Enterprise Products Partners came in slightly ahead of expectations. Earnings for other energy infrastructure companies have provided few surprises, as is usually the case.

Meanwhile, Fed chair Jay Powell will hold a much-anticipated press conference following what most expect to be a 0.25% increase. JPMorgan advises parsing the FOMC’s statement to see if reference to “some additional policy firming” is changed to “any additional policy firming”. Such a revision would signify a pause in tightening. There still exists a wide divergence between the 2.9% yield on December 2024 Fed Funds futures and the 4% “blue dot” for that time from the last FOMC projection materials issued in March.

Inflation has been 1% or more above the Fed’s 2% target for two years, as we noted on Sunday (see Not Yet Cool Enough). Excessive Covid stimulus was part of the cause. The IRA shows that parsimony still has no place in setting US budget priorities. We think infrastructure offers some protection against persistent inflation.

We have three funds that seek to profit from this environment:

Energy Mutual Fund

Energy ETF

Real Assets Fund

The regional banking crisis rolled on with two key developments on Friday. One was the release of several reports detailing the errors that led up to Silicon Valley Bank’s sudden collapse. Poor regulatory oversight combined with an absence of risk management were to blame. The other was the slow collapse of First Republic, which is turning out to be small enough to fail. Founder and executive chair Jim Herbert doesn’t sound as reckless as the team that ran SVB, but their equity looks to be similarly worthless.

Against this backdrop of regulatory failure and a banking system that has been caught out by higher rates, the Fed is about to deliver more of the same next week, taking short-term rates to 5%. December 2024 Fed Funds futures at 3% are priced for a 2% reduction by the end of next year. Reduced appetite for risk among regional banks worries the Fed less than the market.

Inflation’s return to 2% isn’t assured. Nominal GDP rose at 5% in 1Q23. Since real GDP was +1.1%, the price level is rising at a healthy clip. The 1Q23 Employment Cost Index (ECI) rose 1.2% versus 4Q22, and the prior quarter was revised up from 1.0 to 1.1%. We had thought year-end raises would be more reflective of recent inflation, overwhelming the seasonal adjustment, and this looks to have been true.  Compensation is up 4.8% year-on-year.

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The Fed’s preferred measure of inflation, Personal Consumption Expenditures ex-food and energy (“core PCE”) rose 0.3% month-on-month and is up 4.6% year-on-year. We’ve now experienced two years of inflation above 3% (ie 1% above the Fed’s target). As the ECI figure showed, people are starting to adapt to inflation above 2%.

In the University of Michigan survey one year inflation expectations jumped to 4.6% in April, up from 3.6% in March. It’s been rising all year and is the highest since November. It’s hard to justify assuming 2% cost inflation for any big project or for retirement. Long term inflation expectations remain well behaved, but as consumers and businesses manage their affairs for near term inflation of 3% or 4%, it will keep upward pressure on prices.

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As 3% becomes the new 2%, the Fed will continue to push back. It’s harder than usual to forecast confidently. The Fed may single mindedly pursue 2% and cause a recession, or the political blowback may force an eventual acceptance of a higher level.

We think midstream energy infrastructure is a good place to be in either scenario.

On April 21 the Federal Energy Regulatory Commission (FERC) reaffirmed prior approval of NextDecade’s proposed LNG export facility at Rio Grande, alongside a deepwater channel within the port of Brownsville, Texas. A Final Investment Decision (FID) should come within a couple of months. Last week their Chairman and CEO Matt Schatzman said, ““We have publicly disclosed that we expect to make it by the end of Q2.”

Building three “trains,” as LNG export facilities are called, is an $11-12BN project. The returns to equity investors will rely on successful execution and also on the mix of debt and equity the company adopts for financing. We still like the stock.

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The Energy Information Administration (EIA) expects natural gas consumption to moderate in the years ahead as renewables gain market share in power generation. The need for permitting reform is illustrated by the Mountain Valley Pipeline’s continued failure to complete, held up by legal challenges to permits issued long ago.

Increased output from solar and wind also depends on a predictable approval process for infrastructure to move electricity. Solar and wind need wide open spaces and are generally not close to population centers. The EIA assumes new transmission lines will match increased output. Nobody wants their view sullied with electric pylons, especially if the electricity is merely passing by on its way elsewhere. Environmentalists are not a cohesive bunch, and every project will face objections.

However, even accepting the EIA’s rosy assumptions on vast grid improvements, increasing exports will drive improving economics for the owners of natural gas infrastructure. Russia’s invasion of Ukraine has created long term European demand for natural gas, competing with Asia and other emerging economies.

This outlook doesn’t depend on a defter execution of monetary policy than in the past few years. It does align with the desire of developing nations to consume more energy. If in time 3-4% inflation becomes the new normal, tariff escalators on pipeline tariffs linked to PPI and CPI will enable energy infrastructure to grow cashflows commensurately, if not better.

We have three funds that seek to profit from this environment:

Energy Mutual Fund

Energy ETF

Real Assets Fund

This Friday’s inflation update will include the monthly Personal Consumption Expenditures (PCE) deflator and the Q1 Employment Cost Index (ECI). The Fed prefers the PCE because its weights are dynamic. When apples rise in price relative to oranges, CPI assumes no change in behavior, whereas some substitution towards oranges is to be expected. PCE picks this up.

Long term inflation expectations are remarkably low. The difference between treasury yields and TIPs is one measure of what investors expect consumer prices to do. By this measure, 2.3% inflation over the next decade is the market forecast. Since the next twelve months will be higher, expected inflation for the subsequent nine years is close to 2%. This is based on the CPI, since that’s the underlying index for TIPs. Since PCE inflation typically runs 0.2-0.3% below CPI, the Fed could declare victory anytime by noting benign expectations.

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A few months ago (see Can Pay Raises Keep Up With Inflation?) we pondered the seasonal adjustment factors to the ECI. Most workers get annual pay raises around year-end. The seasonal adjustment factors will already pick this up. However, elevated inflation means higher annual raises than normal, so the seasonal adjustment factors may be inadequate.

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JPMorgan is forecasting 1.1% for the Q1 ECI, up slightly from Q4 which was 1.0% after three successive declines. Interest rate futures continue to forecast that the Fed will be cutting rates by the end of the summer. The FOMC projection materials envisage a Fed Funds rate 1% higher than the market by the end of next year. Current market pricing is inadequate for a disappointment on inflation.

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The Equity Risk Premium (ERP), defined here as the 2023 earnings yield minus ten year treasuries, sits below its 20+ year average. This measure shows stocks to be expensive. They’d need to drop at least 10% to put the ERP at neutral. This leaves the market vulnerable to higher yields.

Alternatively, the ERP could move higher to its long run average by yields falling. The ten year treasury would need to drop to 2.9%. Yields have been implausibly low for many years, so they could fall further. It’s not a bet we’d make.

The regional banking crisis and Silicon Valley Bank’s abrupt collapse caused a sharp revision in the rate outlook. Having worked in banking for much of my career, I can well imagine the anticipation of regulatory scrutiny that will cause all but the biggest (ie systemically important) banks to review their interest rate risk and reliance on large, non-FDIC guaranteed deposits. Simply the knowledge that interest rate risk will draw more questions than in the past will make many banks more cautious about extending fixed rate loans.

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The sharp drop in Tier 1 capital as a percent of risk-weighted assets is another consideration that is likely to cause tighter terms on new exposure.

There are also signs that depositors are not being quite so tolerant of banks underpaying on deposits.

First Republic is the latest bank having to issue reassurances that they have ample liquidity – once you have to respond to such fears it’s usually too late.

The market expects banks’ reduced risk appetites and competition for deposits to hurt the economy. The Fed believes the broader economic risks are minor. Such differences are usually resolved at the costs of the FOMC’s forecasting reputation, but that already looks fully priced in to the futures market.

Bonds had begun to offer at least a modest return, but the recent drop in long term yields is moving the asset class closer to the returnless risk state that has prevailed for years.

Stocks aren’t cheap vs bonds, and while that implies fixed income is attractive, the Fed still owns $8TN of government debt from Quantitative Easing, so is distorting yields.

Behavioral finance teaches that investors often make mistakes due to overconfidence. It’s a human trait, and one more common in men than women I regret to say, that opinions about how many jellybeans are in a jar, sports outcomes and the year-end level of the stock market are held with greater conviction than they should be. Humility around one’s market forecast would seem especially important during current circumstances.

Earnings season is upon us, and we expect that it will reaffirm the solid position of midstream energy infrastructure companies. With dividend yields of 5%+, two times covered by free cash flow, improving leverage of 3.5X Debt:EBITDA and still low growth capex for most names, the prospects for this sector look more assured than for many others.

We have three funds that seek to profit from this environment:

Energy Mutual Fund

Energy ETF

Real Assets Fund

A wood-burning fireplace on a cold day is a welcoming sight. The crackle and smell of combusting organic matter has provided a place for humans to bond for millennia. Coal replaced wood as the developed world’s chief source of energy in the 19^th century. Because of this some feel a misplaced sentimental attachment to burning firewood. Environmental extremists pursue policies intended to return living standards to pre-1850, before the onset of the industrial revolution with its increase in anthropogenic (ie human-generated) CO2. So it’s not surprising that they’d favor that era’s main energy source.

Coal displaced wood for fuel because it was more efficient. Coal is more energy dense, so generates more BTUs by weight. The ratio depends on the type of coal and wood being compared, but 2X is a fair approximation.

Wood also generates lots of fine particulate matter. That fireplace is cozy, but it’s also a toxic environment. The US Environmental Protection Agency warns of the dangers presented by wood smoke, especially indoors. It’s a big source of pollution and respiratory problems across Africa and in other developing nations where wood is commonly used for cooking and heat. The UN has initiatives aimed at reducing the pollution and CO2 emissions from poor families using wood.

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There is plenty of evidence that burning wood is bad for the planet. Left-leaning outlets such as NPR and the UK’s Guardian have been critical.

Nonetheless, the world is burning more wood to generate power, especially in the UK and EU. Fuzzy math in accounting for the CO2 generated from using wood pellets to produce electricity classifies it as clean energy. This means their CO2 emissions aren’t counted. The US is the largest exporter of wood pellets, often sourced from forests in the south east. Canada is #3. The UK is by far the largest importer.

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The companies that produce and consume wood pellets seem to be exploiting a hole in the EU’s climate change policies (known as RED II).

Wood pellet producer Enviva argues that wood pellets are produced from fallen branches that would otherwise sit on the forest floor and decay, or that only trees cut down for “thinning” a forest are used. But drone footage and Enviva’s public filings show that they’re using freshly cut trees.

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Drax runs the UK’s biggest power station, and thanks to £6BN of UK taxpayer subsidies converted a coal burning power plant to run on wood pellets that provide 12% of the UK’s “renewable” electricity. A BBC documentary found that Canadian forest was being cleared and used for wood pellets.

Trees are nature’s way of absorbing CO2 – research shows that global CO2 levels fluctuate with the seasons. A felled tree stops absorbing CO2, and burning it releases the CO2 it held. Apologists argue that by replanting new trees in the same forest they’ll suck those emissions back in. But researchers at the Massachusetts Institute of Technology have concluded that not only does wood burn dirtier than coal, it takes at least 44 years for replanted trees to absorb the carbon released from burning the ones they replaced.

It seems so obvious that chopping down trees to produce electricity is a dumb idea. Because trees grow back again wood pellets are classified as renewable. That doesn’t mean they’re clean. But since the EU and UK have legal requirements to lower emissions, they’re resorting to slick accounting because solar and wind aren’t going to do it.

It’s too early to say whether the Inflation Reduction Act’s subsidies for biofuels (the catchall within which wood pellets sit) will encourage the same perverse policies the UK has pursued here in the US.

Sometimes it seems as if the lunatics are running the asylum.

My thanks to good friend Mike Shinnick of Naples, FL for bringing this topic to my attention.

Kinder Morgan (KMI) reported earnings last week. They were ho-hum. The quarterly dividend was raised by 2% to $0.2825. A decade ago then-CEO Rich Kinder reacted angrily to criticism from Kevin Kaiser, then at Hedgeye. But within a couple of years they slashed the dividend from $0.51 to $0.125. KMI has an attractive 6% yield because they have a long and mediocre record of capital allocation, which is why the dividend is only slowly recovering.

However, in the press release current CEO Steve Kean, who will soon step aside for CFO Kim Dang, commented on the continued failure of Congress to deal with reforming infrastructure permitting. Kean added that the difficulty in building pipelines in America, “…increases the value of our existing natural gas pipeline systems, which results in a favorable recontracting environment.”

The continued delay in completion of the Mountain Valley Pipeline is frustrating Senator Joe Manchin and is the best example of what’s broken. However, the environmental extremists whose court challenges are the cause are unwittingly increasing the value of existing infrastructure. This is another reason why it’s a good time to be a pipeline investor.

Climate extremists aren’t always deep thinkers in the policies they pursue, but they’re not all bad. If you meet one, give them a hug and offer a drive to their next protest.

We have three funds that seek to profit from this environment:

Energy Mutual Fund

Energy ETF

Real Assets Fund

I’m the treasurer for our co-op in Naples, FL. I recently asked our local bank to pay a more competitive rate on our cash balance, which is well over the $250K FDIC insurance limit. Their deposit rate for business accounts was 0.5%, and maybe because Silicon Valley Bank (SVB) had just failed they quickly raised it to 3%.

This is still inadequate, and I’m not done with them yet. Banks are notoriously sluggish in raising rates when the Fed’s tightening. Depositors are slothful in demanding competitive rates. The margin below treasury bills can be thought of as the fee for banking services, although the cost in foregone interest income is more than most depositors would tolerate if asked to write a check for the amount.

Banks don’t make it easy either. Parking cash in treasury bills requires a brokerage account and the ability to easily move money back and forth. Dual sign-off for transactions is often required on business accounts. It can quickly become an administrative headache to earn a competitive rate, and banks know this.

SVB’s failure exposed imprudent risk management, but it prompted depositors to consider where their money sits and what it’s earning. Money has flowed out of regional banks, some of it to the systemically important banks (“too big to fail”). We assume deposits are fully guaranteed even though they’re legally not. There’s a de facto guarantee because allowing depositors to suffer a loss in bankruptcy might lead to another financial crisis. Size matters. A bank deemed small enough to fail is not the place to be.

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Extending FDIC insurance requires legislation, so Treasury Secretary Janet Yellen makes confusing pronouncements. Unable to explicitly guarantee every deposit, she nonetheless leaves the impression that she would.

There are increasing signs that regional banks, those not deemed too big to fail but nonetheless enjoying an implicit guarantee of their deposits, are being squeezed on both sides. They’re being forced to offer depositors higher rates, since their customers are no longer as slothful. SVB’s failure started with customers leaving for higher rates.

On the asset side, the banking system’s increasing duration risk has become problematic given the Fed’s rapid tightening. SVB’s reach for yield ultimately rendered them insolvent. Although they were an outlier in unsecured deposits and interest rate risk, markets and regulators are now pondering the unrealized losses in bond portfolios across the system. Sticky deposits are normally believed to have increased in value when rates rise because of the lethargy with which banks increase the rates they’re paying. But today’s altered dynamic looks likely to force more competitive practices on banks.

Schwab is a good example. Last year they changed their default option for client cash balances to Charles Schwab Bank rather than money market funds. This allowed them to pay low rates and invest the cash in bonds, picking up the spread. This is similar to SVB, but Schwab wasn’t as reckless.

Nonetheless, in their earnings on Monday Schwab revealed that the size of deposit outflows had caught them by surprise, forcing them to borrow money at wholesale rates to fund their bond portfolio. Banks have long argued that revaluing their assets down in response to higher rates without recognizing the implicit higher value in sticky deposits presents an unfair, biased picture. But the problem is that the long duration of liabilities isn’t contractual, it’s just assumed based on history.

Commercial and Industrial loans have dipped in the past several weeks, a first sign of risk appetites being reined in. Banks know regulators will look more closely at duration risk on securities and loans, casting a chill on their willingness to extend credit.

This is what’s behind the gap between where the market expects Fed policy to go and the FOMC’s projections. Tighter financial conditions have increased recession risk. Such differences are usually resolved at the cost of the FOMC’s reputation for forecasting accuracy.

On a different topic, Texas is confronting the problems that come with being the leading state in windpower generation. Storm Uri in early 2021 that caused widespread power outages led some renewables champions to note that natural gas plants stopped producing along with windpower, and that it was incorrect to blame the debacle on intermittent power.

Nonetheless, the Texas state legislature has concluded that more natural gas power plants are just what is needed to prevent a repeat. Having subsidized windmills they’re now going to subsidize reliable power to stabilize the grid. The intermittency of solar and wind creates problems for systems that become too dependent on them. Note that they didn’t opt to invest in battery back-up to compensate for this shortcoming. Instead, lawmakers in Texas have concluded that reliable, dispatchable power is what’s needed.

We have three funds that seek to profit from this environment:

Energy Mutual Fund

Energy ETF

Real Assets Fund