corresp
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Mark A. Humphrey
Vice President and
Comptroller
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Chevron Corporation
Comptrollers Department
6001 Bollinger Canyon Rd
San Ramon, CA 94583-2324 |
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August 4, 2008
BY ELECTRONIC TRANSMISSION
Mr. H. Roger Schwall
Assistant Director
Mail Stop 7010
Division of Corporation Finance
Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549-7010
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Re:
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Chevron Corporation |
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Form 10-K for Fiscal Year Ended December 31, 2007 Filed February 28, 2008
Form 10-Q for Fiscal Quarter Ended March 31, 2008 Filed May 8, 2008 |
File No. 001-00368
Dear Mr. Schwall:
Further to the telephone conversation on August 1, 2008 between Mr. Karl Hiller of the staff of the Securities
and Exchange Commission and Mr. Bill Allman, Assistant Comptroller of Chevron Corporation (Chevron),
the following disclosure related to the Ecuador litigation will be included in Chevrons second
quarter 2008
Form 10-Q. The difference between this correspondence and the correspondence furnished to the staff on July 30,
2008 is the wording of the final paragraph of the disclosure below:
Chevron is a defendant in a civil lawsuit before the Superior Court of Nueva Loja in Lago Agrio,
Ecuador brought in May 2003 by plaintiffs who claim to be representatives of certain residents of
an area where an oil production consortium formerly had operations. The lawsuit alleges damage to
the environment from the oil exploration and production operations, and seeks unspecified damages
to fund environmental remediation and restoration of the alleged environmental harm, plus a
health monitoring program. Until 1992, Texaco Petroleum Company (Texpet), a subsidiary of Texaco
Inc., was a minority member of this consortium with Petroecuador, the Ecuadorian state-owned oil
company, as the majority partner; since 1990, the operations have been conducted solely by
Petroecuador. At the conclusion of the consortium, and following an independent third-party
environmental audit of the concession area, Texpet entered into a formal agreement with the
Republic of Ecuador and Petroecuador for Texpet to remediate specific sites assigned by the
government in proportion to Texpets ownership share of the consortium. Pursuant to that
agreement, Texpet conducted a three-year remediation program at a cost of $40 million. After
certifying that the sites were properly remediated, the government granted Texpet
Mr. H. Roger Schwall
Securities and Exchange Commission
August 4, 2008
Page 2
and all related
corporate entities a full release from any and all environmental liability arising from the
consortium operations.
Based on the history described above, Chevron believes that this lawsuit lacks legal or factual
merit. As to matters of law, the company believes first, that the court lacks jurisdiction over
Chevron; second, that the law under which plaintiffs bring the action, enacted in 1999, cannot be
applied retroactively to Chevron; third, that the claims are barred by the statute of limitations
in Ecuador; and, fourth, that the lawsuit is also barred by the releases from liability
previously given to Texpet by the Republic of Ecuador and Petroecuador. With regard to the facts,
the Company believes that the evidence confirms that Texpets remediation was properly conducted
and that the remaining environmental damage reflects Petroecuadors failure to timely fulfill its
legal obligations and Petroecuadors further conduct since assuming full control over the
operations.
In April 2008, a mining engineer appointed by the court to identify and determine the cause of
environmental damage, and to specify steps needed to remediate it, issued a report recommending
that the court assess $8 billion, which would, according to the engineer, provide financial
compensation for purported damages, including wrongful death claims, and pay for, among other
items, environmental remediation, healthcare systems, and additional infrastructure for
Petroecuador. The engineers report also asserts that an additional $8.3 billion could be
assessed against Chevron for unjust enrichment. The engineers report is not binding on the
court. Chevron also believes that the engineers work was performed, and his report prepared, in
a manner contrary to law and in violation of the courts orders. Chevron intends to move to
strike the report and otherwise continue a vigorous defense against any attempted imposition of
liability.
Management does not believe an estimate of a reasonably possible loss (or a range of loss) can be
made in this case. Due to the defects associated with the engineers report, management does not
believe the report itself has any utility in calculating a reasonably possible loss (or a range
of loss). Moreover, the highly uncertain legal environment surrounding the case provides no basis
for management to estimate a reasonably possible loss (or a range of loss).
Please direct any questions related to the information herein to Mr. Bill Allman, Assistant
Comptroller, at (925) 842-3544 or by e-mail at bill.allman@chevron.com.
Very truly yours,
/s/ Mark A. Humphrey
cc: Mr. Terry M. Kee (Pillsbury Winthrop Shaw Pittman)
Mr. Brian M. Wong (Pillsbury Winthrop Shaw Pittman)