Legislature(2011 - 2012)BARNES 124

02/08/2012 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 9 IN-STATE GASLINE DEVELOPMENT CORP TELECONFERENCED
Heard & Held
*+ HJR 29 BLM LEGACY OIL WELL CLEAN UP TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
              HJR 29-BLM LEGACY OIL WELL CLEAN UP                                                                           
                                                                                                                                
1:04:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON announced that the  first order of business would                                                               
be  HOUSE  JOINT RESOLUTION  NO.  29,  Urging the  United  States                                                               
Department of  the Interior, Bureau  of Land Management,  to plug                                                               
legacy wells  properly and  to reclaim the  legacy well  sites as                                                               
soon  as possible  in order  to  protect the  environment in  the                                                               
Arctic region.                                                                                                                  
                                                                                                                                
1:05:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHARISSE MILLETT,  Alaska State Legislature, prime                                                               
sponsor,  predicted that  by bringing  up the  subject of  legacy                                                               
wells HJR  29 will result in  big impacts on the  state of Alaska                                                               
because  it will  lead  to discussions  and  agreements with  the                                                               
federal government about  the wells.  She  explained that between                                                               
1944  and  1981  approximately  136 wells  were  drilled  in  the                                                               
National Petroleum Reserve-Alaska (NPR-A).   Some were drilled by                                                               
the U.S.  Navy and some by  the U.S. Geological Survey.   Some of                                                               
the wells  are being  used as climate  change mechanisms,  but an                                                               
extraordinary  number of  these  wells have  not  been capped  or                                                               
mitigated at all.  This has caused  a lot of issues to arise with                                                               
the Alaska  Oil and Gas  Conservation Commission  (AOGCC) because                                                               
the wells pose a risk to both  wildlife and human life.  The well                                                               
sites  are unattractive  with  many barrels  around  them.   Some                                                               
wells can no  longer be found because they were  just bore holes,                                                               
or have  eroded, or have  [sunken] into lakes.   This is  a black                                                               
eye  on  Alaska even  though  those  wells  were drilled  by  the                                                               
federal government.   Therefore, HJR 29 urges the  U.S. Bureau of                                                               
Land Management  (BLM) to take  responsibility and  continue with                                                               
mitigation of the wells.                                                                                                        
                                                                                                                                
1:07:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT said  she introduced  HJR 29  because the                                                               
squeaky wheel  gets the  grease.   There is  disagreement between                                                               
BLM and AOGCC regarding how many  wells have been capped, but she                                                               
said she thinks there are about  110 wells that are worrisome, 42                                                               
that  are  very  worrisome,  and  she  would  like  to  see  some                                                               
movement.  She conveyed that  according to the BLM, getting money                                                               
for this  type of  thing is difficult  to do,  especially without                                                               
the earmark process.   However, Alaskans and  the legislature can                                                               
take  a lead  in encouraging  Congress to  clean up  these wells.                                                               
Creative solutions have been proposed  to the BLM, such as giving                                                               
the land  to the State of  Alaska and then the  state would clean                                                               
up the  wells.  She  related that  some producers have  said they                                                               
would  take over  the mitigation  costs if  they could  lease the                                                               
land for exploration.                                                                                                           
                                                                                                                                
REPRESENTATIVE  MILLETT  reiterated  that  the  resolution  would                                                               
start a dialogue amongst Alaskans,  Congress, and BLM.  She would                                                               
like to see the wells capped,  mitigated, and [the land put] back                                                               
in the pristine condition that  the state relies on its producers                                                               
to do.   If any private  producer left wells like  these anywhere                                                               
in  Alaska, the  environmental groups  would be  screaming.   She                                                               
said she has  reached out to 24 environmental  groups urging them                                                               
to get  behind this cause, but  has had little feedback.   When a                                                               
"thimble  of oil"  is dropped  on the  North Slope  it becomes  a                                                               
front page  story, but  the NPR-A  wells have yet  to be  a front                                                               
page  story and  only two  articles have  been written  about the                                                               
issue.   Raising  awareness of  these  wells that  have not  been                                                               
remediated over the  past 60 years is a long  time in coming, and                                                               
it is sickening the way the lands have been left.                                                                               
                                                                                                                                
CO-CHAIR SEATON  concurred that  this is  an important  topic for                                                               
everyone.                                                                                                                       
                                                                                                                                
1:10:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.   WILSON  remarked   how  dare   [the  federal                                                               
government]  request Alaska  to do  things  when it  does not  do                                                               
those things itself.                                                                                                            
                                                                                                                                
REPRESENTATIVE  MILLETT  responded  that   this  is  in  Alaska's                                                               
backyard.   The federal government controls  and restricts Alaska                                                               
on every  aspect of  development in  the state,  yet this  is the                                                               
legacy that the federal government has left Alaska.                                                                             
                                                                                                                                
1:10:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI thanked the  sponsor for bringing forward                                                               
the resolution.   In regard to the third [whereas]  on page 2, he                                                               
inquired whether any  of the unplugged legacy  wells have damaged                                                               
the surface vegetation, groundwater,  fish, land mammals, and sea                                                               
mammals.                                                                                                                        
                                                                                                                                
REPRESENTATIVE MILLETT replied that it  is hard to equate because                                                               
not  a lot  of travel  is done  on the  NPR-A.   The North  Slope                                                               
Borough  has taken  over  some of  the wells,  she  said, so  the                                                               
borough could  be contacted about  the wells, the  land transfer,                                                               
and the responsibility that now  lies with the borough.  However,                                                               
right now  it is out  in the wilderness.   There is  open diesel,                                                               
but no  one is  studying water contamination,  so the  effects on                                                               
wildlife will not be known until there is someone monitoring it.                                                                
                                                                                                                                
1:11:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  thanked  the sponsor  for  raising  this                                                               
issue and  writing the  resolution.  She  shared that  this issue                                                               
has been  raised by  many legislators  when meeting  with federal                                                               
officials  in  Washington,  DC, but  the  officials  have  always                                                               
pleaded  poverty  and no  money  for  amelioration.   Noting  the                                                               
various people  to whom the  resolution would be sent,  she asked                                                               
whether there are others who  should receive the resolution given                                                               
that funding is what is needed.                                                                                                 
                                                                                                                                
REPRESENTATIVE MILLETT agreed  HJR 29 should go  to everyone that                                                               
can be thought  of, including every member of  Congress and every                                                               
environmental organization.   She said she would  be accepting of                                                               
any  suggestions from  Representative Gardner  regarding who  the                                                               
resolution should be sent to.                                                                                                   
                                                                                                                                
1:13:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI asked  whether well  reclamation efforts                                                               
between the years 1944 and  1981 were not properly understood and                                                               
the requirements  under law at that  time were done, but  now the                                                               
wells are out  of compliance because the laws  have changed since                                                               
then.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  MILLETT concurred,  but said  that just  as there                                                               
are  legacy wells  in other  areas of  the state  that have  been                                                               
drilled  since 1959,  the owner/operator  of that  well is  still                                                               
required to make the  well right to standards of today.   It is a                                                               
case of what is  good for one group of people  should be good for                                                               
all  groups of  people.    Anyone drilling  in  Alaska should  be                                                               
responsible for the legacy that it leaves.                                                                                      
                                                                                                                                
1:14:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE,  observing that reporters  were in  the committee                                                               
room, said  that maybe  the press  would pick up  the story.   He                                                               
requested the sponsor  to review who she talked  to regarding the                                                               
aforementioned  land swap,  and presumed  that such  a land  swap                                                               
would include the subsurface as well as the surface.                                                                            
                                                                                                                                
REPRESENTATIVE  MILLETT  deferred  to  AOGCC  commissioner  Cathy                                                               
Foerster to  provide the  specific details  because it  was AOGCC                                                               
that was involved in these talks.                                                                                               
                                                                                                                                
1:14:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  suggested that  the resolution be  sent to                                                               
the  boards of  the Sierra  Club,  World Wildlife  Fund, and  all                                                               
other non-governmental  organizations (NGOs)  so that  the boards                                                               
of the organizations could decide, not the executive director.                                                                  
                                                                                                                                
REPRESENTATIVE  MILLETT  replied  that the  resolution  has  been                                                               
sent,  but sending  the actual  resolution,  if it  passes, is  a                                                               
great idea.   The more  that awareness  can be raised  about this                                                               
issue, the more likely it will become a front page story.                                                                       
                                                                                                                                
REPRESENTATIVE  HERRON  suggested  the committee  work  with  the                                                               
sponsor to add all of those NGOs to the mailing list.                                                                           
                                                                                                                                
CO-CHAIR  SEATON said  that could  come forward  as an  amendment                                                               
when the committee is considering amendments.                                                                                   
                                                                                                                                
1:16:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  commented that a way to  get front page                                                               
news is  for the State of  Alaska to tell the  federal government                                                               
that it  will not  pay any  more money  until something  is done.                                                               
She  inquired whether  the  sponsor has  spoken  to the  governor                                                               
about how far he is willing to go regarding this issue.                                                                         
                                                                                                                                
REPRESENTATIVE   MILLETT  responded   that   the  Department   of                                                               
Environmental Conservation  (DEC) is  aware of  this issue.   She                                                               
allowed she  probably has not  given enough credit to  the Alaska                                                               
contingent of the  BLM, which has made this issue  its number one                                                               
priority.  She acknowledged that  the Alaska BLM's hands are tied                                                               
through the federal appropriations process  and said the wells in                                                               
Alaska are competing  with many other sites around  the U.S. from                                                               
the 1940s.   Unfortunately, the State of Alaska  cannot force the                                                               
federal  government to  abide by  state law  or pay  fines.   She                                                               
pointed  out that  offshore NPR-A  lease sales  have brought  the                                                               
federal government  $9 billion, but not  a cent of that  has been                                                               
re-appropriated back to this area.                                                                                              
                                                                                                                                
1:18:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK  commented   that  if  environmental  groups                                                               
really  are  concerned about  cleaning  up  the environment  this                                                               
should be  a number one  priority.  But, if  environmental groups                                                               
are only concerned  about locking up land, then he  can see where                                                               
the land  is already locked up  and there really is  not a motive                                                               
to do  anything further here.   He said it  seems to him  that if                                                               
environmental  groups really  do get  on board  with the  sponsor                                                               
that is  proof that  they really  do care  about cleaning  up the                                                               
environment; if they  do not, then maybe their  motives should be                                                               
questioned.                                                                                                                     
                                                                                                                                
CO-CHAIR  SEATON  reminded  members  that  the  resolution  is  a                                                               
communication  from  the  legislature  and the  governor,  if  it                                                               
passes and  the governor signs it.   He said he  agrees it should                                                               
be  sent to  parties  that should  be  interested, but  questions                                                               
their named involvement in a resolution from the legislature.                                                                   
                                                                                                                                
REPRESENTATIVE   MILLETT  offered   her   appreciation  for   the                                                               
committee's consideration  of HJR 29  and said that  as awareness                                                               
is raised it ensures that folks  doing business in Alaska will be                                                               
expected to do  it right and within  the letter of the  law.  The                                                               
legacy wells  on the NPR-A send  a mixed message to  people about                                                               
how pristine  Alaska's environment  is.   Maybe the  squeaky well                                                               
will get the cap.                                                                                                               
                                                                                                                                
1:21:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FOSTER  inquired  about the  estimated  cost  for                                                               
plugging an open well.                                                                                                          
                                                                                                                                
REPRESENTATIVE  MILLETT answered  that the  BLM has  provided two                                                               
numbers  - one  for complete  remediation and  one for  plugging.                                                               
These two different things can be  done separately or at the same                                                               
time, she explained,  but she does not have a  total number.  The                                                               
most concern  is just  plugging the  open wells.   The  last well                                                               
cost around $16  million for that one well one  time.  Ideas have                                                               
been floated that  a group of wells could be  plugged at the same                                                               
time which  would lower the cost  [per well].  However,  there is                                                               
no real handle on  the total package of what it  would cost to do                                                               
remediation.                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON moved to testimony  from representatives of AOGCC                                                               
and BLM.                                                                                                                        
                                                                                                                                
1:22:59 PM                                                                                                                    
                                                                                                                                
CATHERINE FOERSTER, Engineering Commissioner,  Alaska Oil and Gas                                                               
Conservation  Commission  (AOGCC),   thanked  the  committee  for                                                               
allowing her  to testify  in support  of HJR 29.   She  said this                                                               
subject has  been dear  to her since  becoming a  commissioner in                                                               
2005.  Responding to  Representative Kawasaki's earlier question,                                                               
she said some  of these wells were drilled after  1959, which was                                                               
when   the  AOGCC   came  into   being  and   established  proper                                                               
requirements for  plugging and abandonment (P&A);  therefore, the                                                               
wells  drilled  after that  were  out  of compliance  with  AOGCC                                                               
regulations.   In  response  to  Representative Foster's  earlier                                                               
question, she  said that so far  the cost per well  for the BLM's                                                               
"attempts" to  P&A and  remediate has  averaged $4.6  million per                                                               
site.   She  noted  that  she is  saying  "attempts" because  BLM                                                               
claims to  have plugged and  abandoned and remediated  more wells                                                               
than AOGCC  acknowledges as having  been done properly,  so there                                                               
is  a  dispute in  this  regard.   Responding  to  Representative                                                               
Gardner's earlier  question, Ms.  Foerster said that  her sister-                                                               
in-law has suggested that today's  PowerPoint presentation be put                                                               
on YouTube  as a way to  reach more people.   Addressing Co-Chair                                                               
Feige's earlier question, she offered  her understanding that the                                                               
land swap was  grassroots to granite, so the  mineral and surface                                                               
rights were  swapped as  was the  remediation obligation.   Thus,                                                               
the North Slope Borough now has  responsibility for 33 of the 136                                                               
wells.                                                                                                                          
                                                                                                                                
1:25:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER, in  regard to  the [state]  leasing this                                                               
land for development, inquired what  confidence could be had that                                                               
the state  would not face a  similar situation for any  new wells                                                               
that  are  drilled,  given  the   previous  defiance  of  AOGCC's                                                               
regulations.                                                                                                                    
                                                                                                                                
MS. FOERSTER  replied that  AOGCC has not  had any  problems with                                                               
any  operators in  the state  of  Alaska other  than the  federal                                                               
government.  She added that  the federal government is not taking                                                               
out any leases from  AOGCC and has not come to  AOGCC in the last                                                               
year and a half for a permit to drill.                                                                                          
                                                                                                                                
1:26:36 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER  began reviewing the  photographs in  her PowerPoint                                                               
presentation,  explaining  that  between the  mid-1940s  and  the                                                               
early  1980s the  federal government  drilled  numerous wells  in                                                               
northern Alaska to test the  viability of oil and gas development                                                               
in the arctic  environment.  She said these legacy  wells are all                                                               
in the  western North Slope,  an area with geography  and biology                                                               
like that of  the Arctic National Wildlife Refuge  (ANWR).  While                                                               
the area the wells are in  is called a national petroleum reserve                                                               
rather than a  national wildlife refuge, that does  not make what                                                               
has happened there okay.                                                                                                        
                                                                                                                                
MS.  FOERSTER related  that the  U.S. Bureau  of Land  Management                                                               
(BLM),  within the  U.S. Department  of Interior,  is the  agency                                                               
that operates  these wells.   While the  BLM is not  the operator                                                               
that drilled  the wells, it  has been assigned  responsibility by                                                               
the federal government to manage  these wells.  Essentially every                                                               
one  of the  136 wells  has been  out of  compliance with  Alaska                                                               
regulations at  one time or another  and most of them  still are.                                                               
Given  the condition  of these  wells, review  of the  applicable                                                               
federal regulations  would likely reveal  that they are  not even                                                               
in compliance  with the regulations  of the entity that  owns and                                                               
manages them.                                                                                                                   
                                                                                                                                
1:28:09 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER  prefaced that  she will be  covering only  the most                                                               
troubling  issues, not  every issue,  that AOGCC  has with  these                                                               
wells.   Displaying the photo  labeled "Solid waste  primarily in                                                               
the form of  empty drums litter the area around  Skull Cliff Core                                                               
Test," she  pointed out that the  objects in the picture  are not                                                               
caribou or  musk ox, but  rusting barrels  and drums.   While the                                                               
BLM says there is insufficient  budget to clean up these hundreds                                                               
of  rusting  drums,  it  has  a  big  enough  budget  to  rent  a                                                               
helicopter  to fly  out  and take  pictures of  the  drums.   She                                                               
suggested that  the next time the  BLM is out taking  pictures it                                                               
should bring  along a  big net,  gather up  the drums,  and carry                                                               
them out.   Additionally, she  continued, while the BLM  does not                                                               
have enough  money to clean up  its mess, it has  enough money to                                                               
write a report about it; this  picture and the others she will be                                                               
showing  are taken  from a  BLM  report that  used to  be on  the                                                               
agency's web site.                                                                                                              
                                                                                                                                
MS.  FOERSTER urged  that as  members view  these pictures,  they                                                               
consider the  hypocrisy of the  federal government in  wanting to                                                               
protect the  Arctic National Wildlife  Refuge from the  very sort                                                               
of mess that  the federal government has caused,  and is allowing                                                               
to continue, elsewhere in Alaska.                                                                                               
                                                                                                                                
1:29:46 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER  allowed that to  be fair to the  federal government                                                               
and current administration, the legacy  wells have been a problem                                                               
since  the middle  of the  last century  and are  not solely  the                                                               
fault  of  the current  administration.    However, because  this                                                               
administration is the  only one in place now, it  is the only one                                                               
that the  state can hold  accountable.  Also,  to be fair  to the                                                               
Alaska BLM folks  who are Alaskans too, she said  she thinks that                                                               
they would  like to clean  up the mess  as well, but  their hands                                                               
are  tied by  their meager  annual  budget of  about $1  million,                                                               
which enables  them to write a  report and take pictures  and not                                                               
much else.   However, she stressed,  she is not going  to cut the                                                               
federal  government any  slack because  it takes  in billions  of                                                               
dollars from  Alaska lease  sales and some  of that  money should                                                               
come  back to  Alaska to  fix this  mess.   She shared  that when                                                               
making this presentation to the  Ground Water Protection Council,                                                               
a group  of state  and federal regulators  from across  the U.S.,                                                               
she asked  that people in  the audience  stand up if  the picture                                                               
depicted  a   proper  P&A  and   remediate;  no   one,  including                                                               
representatives of the BLM, stood up for any of the pictures.                                                                   
                                                                                                                                
1:31:11 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER,  moving to the  photo labeled "North Simpson  #1 is                                                               
partially submerged  in the  summer," stated  that in  Alaska the                                                               
proper plugging and  abandonment of wells is  governed by Article                                                               
2 of  AOGCC regulations.   The purpose  of properly  plugging and                                                               
abandoning  wells  includes  public  safety,  protection  of  the                                                               
environment, and  protection of sources  of drinking water.   She                                                               
asked, rhetorically,  whether anyone would  want to take  a drink                                                               
from the lake in the photo.                                                                                                     
                                                                                                                                
MS. FOERSTER  stated that  proper plugging  and abandonment  of a                                                               
well  includes sufficient  downhole  cement and  plugs to  ensure                                                               
that  underground fluids  cannot migrate.   With  few exceptions,                                                               
none of  the [136] legacy  wells complies with  this requirement.                                                               
Turning to the  photo labeled "Simpson Core #29,"  she noted that                                                               
the well  is open to  the surface with  no downhole plugs  at all                                                               
and with  no wellhead.   The mud or  diesel that was  probably in                                                               
the well at  one time has likely gone into  the environment.  The                                                               
earlier  question about  whether  there has  been  damage to  the                                                               
environment can be  answered by looking at the  pictures of these                                                               
wells.   Several of the wells  were left filled with  diesel, she                                                               
said, and  she thinks this  is one of  them, although she  is not                                                               
sure.                                                                                                                           
                                                                                                                                
1:32:25 PM                                                                                                                    
                                                                                                                                
MS.  FOERSTER,  displaying  the photo  labeled  "Light  trash  is                                                               
present in the  seep between Cores #30 and  #30A," explained that                                                               
the well was  drilled in a seep,  so the oil on the  surface is a                                                               
naturally occurring seep.   Proper plugging and  abandonment of a                                                               
well  requires that  all underground  pipe be  cut off  five feet                                                               
below ground level so that  it cannot create an excavation hazard                                                               
or  become a  problem  during subsidence  or  other normal  earth                                                               
movement.   With  few exceptions,  she said,  none of  the legacy                                                               
wells complies with this requirement.                                                                                           
                                                                                                                                
MS. FOERSTER,  moving to the  photo labeled "Awuna  wellhead with                                                               
exposed wooden  pilings and Styrofoam," stated  that this picture                                                               
has been used in mailers  and fundraisers opposing development of                                                               
the Arctic National  Wildlife Refuge.  She said  the oil industry                                                               
was probably  blamed for this  well and  this is another  part of                                                               
the legacy  that these  wells are leaving  for Alaska.   Properly                                                               
plugging and  abandonment of a  well requires  sufficient surface                                                               
remediation that the site blends  in with the natural vegetation,                                                               
and within  a few seasons  there should be no  surface indication                                                               
of  a  well's location.    Many  of  the  legacy well  sites  are                                                               
permanent  eyesores littered  with rotting  wood, rusting  metal,                                                               
and other  debris.   However, because the  legacy wells  have not                                                               
been  properly plugged,  those wells  that  are re-vegetated  are                                                               
potentially  more serious  downhole  mechanical integrity  issues                                                               
because they  are out of  site and out  of mind but  not secured.                                                               
She said the helicopter shown  in this picture re-emphasizes that                                                               
the BLM has enough money to rent helicopters.                                                                                   
                                                                                                                                
1:33:52 PM                                                                                                                    
                                                                                                                                
MS.  FOERSTER  pointed  out  that   the  delay  in  plugging  and                                                               
abandonment has  caused at least  three of  the wells to  be lost                                                               
due to subsidence  and other normal earth movement.   The BLM has                                                               
taken these wells  off its concern list because it  can no longer                                                               
find them, she said.  Two of the  wells are at the bottom of what                                                               
subsidence and snowmelt have turned  into lakes and the third has                                                               
been buried  by a landslide.   Additionally, wells can  simply be                                                               
no longer found and there is  no explanation for why.  Postponing                                                               
the abandonment of these wells  simply puts the remainder of them                                                               
at risk of also becoming lost.   Losing a well does not mean that                                                               
it is no longer a  mechanical integrity or environmental concern;                                                               
it  is just  one that  cannot be  seen.   She explained  that the                                                               
[Awuna well] is  on its way to being lost  as the subsidence lake                                                               
develops.   How long before it  is lost, she asked,  and how much                                                               
will it cost to find and fix it after that happens.                                                                             
                                                                                                                                
MS. FOERSTER,  turning to the  photo labeled "East Simpson  #2 is                                                               
partially  submerged  during the  spring  thaw,"  noted that  the                                                               
question  with this  legacy well  is how  long will  it take  for                                                               
natural  subsidence to  submerge  this site  completely and  what                                                               
will be the cost to find it and fix it in the middle of a lake.                                                                 
                                                                                                                                
1:35:15 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER, displaying the photo  labeled "Kaolak #1 with cabin                                                               
on  the  drill pad,"  asserted  that  allowing these  unsafe  and                                                               
unsightly wells  to litter Alaska's wilderness  while threatening                                                               
both   human  safety   and  the   environment  is   unacceptable.                                                               
Nonetheless, BLM  has properly plugged  and abandoned  fewer than                                                               
10 of  the 136  wells.  If  these wells were  operated by  an oil                                                               
company  the AOGCC  would force  compliance with  its regulations                                                               
and impose  fines for non-compliance,  she said.   Unfortunately,                                                               
while BLM can  be found in violation of  AOGCC regulations, AOGCC                                                               
has no legal  authority to force the U.S.  Department of Interior                                                               
into compliance.   Additionally, she continued,  AOGCC should not                                                               
have to.  Showing the photo  labeled "Umiat #1 is located about 5                                                               
miles from the  Umiat airstrip," she said  the federal government                                                               
should provide  adequate funding specifically designated  for the                                                               
purpose  of bringing  its own  wells  into regulatory  compliance                                                               
with its and  AOGCC's regulations.  This funding  could come from                                                               
the  billions  of  dollars  collected  in  lease  sales  or  from                                                               
stimulus efforts.   For  example, jobs could  have been  given to                                                               
displaced Gulf  of Mexico workers  after the Macondo  disaster to                                                               
come to Alaska and plug and abandon these wells.                                                                                
                                                                                                                                
MS.   FOERSTER   reiterated  Representative   Millett's   earlier                                                               
statement  that oil  companies are  interested  in leasing  these                                                               
lands  and to  have the  remediation  be part  of their  leasing.                                                               
There  are opportunities  to  make these  problems  go away,  she                                                               
said, and  making this happen  is a part of  her job.   She vowed                                                               
that as long as she is with  AOGCC she will be haranguing to make                                                               
it happen.   She cannot  force the  BLM into compliance,  but she                                                               
can embarrass  them in the court  of public opinion and  find and                                                               
work with the reasonable people to try to move this forward.                                                                    
                                                                                                                                
1:37:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER inquired  whether the  information gained                                                               
when  these  wells  were  drilled  is in  the  public  domain  or                                                               
available to potential lessors.                                                                                                 
                                                                                                                                
MS.  FOERSTER responded  that AOGCC  has scant  records on  these                                                               
wells and  she does not  know how  much information the  BLM has;                                                               
however, anything that AOGCC has is available to the public.                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON suggested that the  resolution could be                                                               
amended  with a  whereas clause  asking  the BLM  to provide  the                                                               
state with  the information that  the agency has on  these wells.                                                               
She  inquired  about the  cabin  depicted  in the  photo  labeled                                                               
"Kaolak#1 with cabin on the drill pad."                                                                                         
                                                                                                                                
MS. FOERSTER  answered that  as far  as she  knows the  cabin was                                                               
part  of  the activity  around  that  well.   She  expressed  her                                                               
optimism that the  Alaska BLM representatives and  the AOGCC will                                                               
collaborate moving  forward with  the legacy  wells and  that BLM                                                               
will provide  AOGCC with whatever  information it has.   She said                                                               
she is therefore unsure that such a whereas clause is necessary.                                                                
                                                                                                                                
1:39:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked  how many  of  the  approximately                                                               
2,200  legacy wells  on  the  North Slope  are  not currently  in                                                               
compliance with AOGCC's regulations for capping.                                                                                
                                                                                                                                
MS. FOERSTER replied that the BLM  is by far the biggest violator                                                               
of AOGCC's regulations.  Many, many  wells on the North Slope are                                                               
long-term shut-in wells on active  pads, she continued, and these                                                               
are  looked at  every  day  by operators.    A  handful of  wells                                                               
needing cleanup  are located in  exploratory sites and  AOGCC has                                                               
given   notice  to   those  operators   and  the   operators  are                                                               
proceeding.  Two or three  wells between Anchorage and Fairbanks,                                                               
the Rosetta wells,  are true orphan wells for  which AOGCC cannot                                                               
find the  owners.  Other  than the  Rosetta wells, the  only ones                                                               
that  have   not  been  remediated   are  a  few   Point  Thomsen                                                               
exploratory  wells that  ExxonMobil  and BP  admit  they own  and                                                               
admit they  owe remediation.   However, due  to high  pressure in                                                               
the  Thomsen reservoir  and the  way that  those wells  were left                                                               
because it was thought at the  time that they would be re-entered                                                               
soon, re-entering  the wells for  plugging and  abandonment poses                                                               
severe dangers that the companies do  not know how to get around.                                                               
The wells  are partially plugged  and abandoned, so they  are not                                                               
an immediate environmental risk.  It  would be a far greater risk                                                               
to go in without a  thoroughly prepared plan, which the companies                                                               
and AOGCC are working on.                                                                                                       
                                                                                                                                
1:42:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI,  in regard to AOGCC  rules about whether                                                               
a gravel  pad is  still active,  inquired whether  AOGCC actually                                                               
looks to see if  a pad qualifies as active.  He  said it seems to                                                               
him that a company not wanting  to do remediation could just keep                                                               
leasing the  ground and say  that it is actively  monitoring that                                                               
site.                                                                                                                           
                                                                                                                                
MS. FOERSTER  clarified that an  active pad is producing,  so oil                                                               
and gas production is coming from that pad.                                                                                     
                                                                                                                                
MS.  FOERSTER,  responding to  Co-Chair  Feige,  said she  joined                                                               
AOGCC nearly seven years ago at the end of March 2005.                                                                          
                                                                                                                                
CO-CHAIR  FEIGE asked  how  many  wells the  BLM  has drilled  in                                                               
Alaska over the past seven years.                                                                                               
                                                                                                                                
MS. FOERSTER responded  she does not have an exact  count for the                                                               
last seven  years, but  a handful of  coalbed methane  test wells                                                               
have been  drilled in or  near the  city of Wainwright  since her                                                               
arrival at AOGCC.  One well  was drilled before she arrived and a                                                               
few more were drilled after she arrived.                                                                                        
                                                                                                                                
CO-CHAIR FEIGE  inquired whether  BLM followed  all of  the AOGCC                                                               
regulations that it was supposed to follow.                                                                                     
                                                                                                                                
MS. FOERSTER answered no, it did not.                                                                                           
                                                                                                                                
1:44:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ offered her  appreciation for Ms. Foerster's                                                               
work  to raise  awareness  of this  issue.   She  asked what  the                                                               
[federal] government's  original purpose  was for  drilling these                                                               
wells.                                                                                                                          
                                                                                                                                
MS. FOERSTER  replied that the  original purpose was to  find out                                                               
whether  oil   and  gas   drilling  was   viable  in   an  arctic                                                               
environment.  Geologists  had long recognized the  North Slope as                                                               
an  oil-rich area  and  after World  War II  the  U.S. wanted  to                                                               
ensure its own  energy security.  So, it was  exploration, but as                                                               
seen by  the surface  oil seeps  in her  presentation it  was not                                                               
hard to imagine that  the area was oil rich.   She added that the                                                               
exploration was very shallow.                                                                                                   
                                                                                                                                
REPRESENTATIVE  MUNOZ inquired  whether the  [federal] government                                                               
has ever  used any of  the resources there for  military activity                                                               
or other purposes.                                                                                                              
                                                                                                                                
MS. FOERSTER responded she does not  know and deferred to the BLM                                                               
to answer the question.                                                                                                         
                                                                                                                                
REPRESENTATIVE  MUNOZ   asked  whether  the   U.S.  Environmental                                                               
Protection Agency (EPA) has been involved or notified.                                                                          
                                                                                                                                
MS. FOERSTER  answered that the  Alaska EPA has been  informed of                                                               
this and has  offered its moral support to AOGCC.   When she made                                                               
her presentation at the Ground  Water Protection Council, several                                                               
federal  EPA  people  in  attendance   were  aghast  and  offered                                                               
suggestions to  her that AOGCC has  already tried.  Thus,  EPA is                                                               
aware of the issue, but has not made the issue its mission.                                                                     
                                                                                                                                
REPRESENTATIVE GARDNER  inquired about  the current  condition of                                                               
the BLM's coalbed methane wells.                                                                                                
                                                                                                                                
MS. FOERSTER  replied that those  wells have been abandoned.   In                                                               
further response, she  said the wells are  plugged and abandoned,                                                               
and that it was not  AOGCC's abandonment regulations that the BLM                                                               
did not follow.                                                                                                                 
                                                                                                                                
1:47:31 PM                                                                                                                    
                                                                                                                                
TED  MURPHY,  Deputy State  Director  of  Resources, Division  of                                                               
Resources, Alaska  State Office, U.S. Bureau  of Land Management,                                                               
stated that  he is  before the committee  to answer  questions on                                                               
the legacy  well program within  Alaska.   He said he  thinks the                                                               
BLM is  on track to  continue working  closely with the  state to                                                               
reach resolution, a  common understanding of where  the wells are                                                               
at, the  condition the  wells are  in, and  how to  remediate and                                                               
plug  those  wells  into  the   future.    Collaboration  is  the                                                               
component that everyone needs to do to get this done.                                                                           
                                                                                                                                
CO-CHAIR  SEATON  asked whether  Mr.  Murphy  disagrees with  the                                                               
facts as  they have been  presented or  that the pictures  do not                                                               
truly represent the situation around the wells.                                                                                 
                                                                                                                                
MR.  MURPHY   responded  that  the   pictures  are   an  accurate                                                               
reflection of  the condition of the  wells.  He said  the federal                                                               
government does  not control  136 wells  in the  NPR-A.   Some of                                                               
those  were conveyed  in the  Barrow Gas  Field Transfer  Act [of                                                               
1984] and some  of those wells, while called  wells, are actually                                                               
cores or shallow wells that were  never cased.  They were used to                                                               
determine  the  thickness  of  the   permafrost  and  maybe  some                                                               
geologic  structures.   They  may  have  ranged anywhere  from  a                                                               
couple hundred feet to nearly a thousand feet.                                                                                  
                                                                                                                                
CO-CHAIR  SEATON requested  Mr. Murphy  to provide  the committee                                                               
with a written commentary about the  number of wells and the type                                                               
of wells.                                                                                                                       
                                                                                                                                
1:50:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON requested Mr. Murphy  to say "mia culpa" on                                                               
behalf of the BLM and the federal government.                                                                                   
                                                                                                                                
MR. MURPHY stated "mia culpa."                                                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER, in regard  to Mr. Murphy's statement that                                                               
BLM  is   working  closely  with   the  state  to   reach  common                                                               
understanding,  inquired what  the  active parts  are of  working                                                               
closely.                                                                                                                        
                                                                                                                                
MR. MURPHY  answered that it begins  with the 2004 report  on the                                                               
legacy wells  that he put back  on the BLM's web  site yesterday.                                                               
He said BLM is making an  amendment to that report.  He explained                                                               
that some  of the pictures  shown earlier are a  re-visitation of                                                               
those wells  and it is important  to understand that the  BLM has                                                               
chosen to address  those wells being impacted  by coastal erosion                                                               
and  that would  have  been  overrun by  the  ocean  in the  near                                                               
future.  Those wells were plugged and the mud pits remediated.                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER  understood Mr.  Murphy to be  saying that                                                               
the wells likely  to be impacted by coastal erosion  or that have                                                               
been  impacted   by  coastal  erosion   have  been   plugged  and                                                               
remediated.                                                                                                                     
                                                                                                                                
MR. MURPHY  said yes, within the  next five years.   The BLM does                                                               
not have an  accurate representation of what  the coastal erosion                                                               
impacts will  be into the future,  but the BLM has  addressed the                                                               
ones that will be overrun or have been overrun by the ocean.                                                                    
                                                                                                                                
1:52:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  offered his understanding that  12 wells                                                               
have been  plugged since the 2004  inventory, one in 2010  at the                                                               
cost of $17  million and Umiat #9  that was plugged in  2011 at a                                                               
cost of  $2.5 million.   In  regard to  reassessment of  the 2004                                                               
inventory,  he asked  what the  process will  be for  determining                                                               
which wells should be first.   He further asked when the BLM will                                                               
get done.                                                                                                                       
                                                                                                                                
MR. MURPHY replied he  does not know when BLM will  be done as it                                                               
is contingent on a number of  factors, but he is committed to BLM                                                               
continuing to  address the  problem.   He outlined  the screening                                                               
process  that will  occur:   condition  of the  existing pad  and                                                               
pits;  visible  solid  waste,  such  as  equipment,  piping,  and                                                               
barrels;  whether the  bore  hole penetrated  known  oil and  gas                                                               
stratigraphy; whether  the well had  an oil  or gas show  and, if                                                               
so, is  the well  capable of  flowing; whether  the well  is near                                                               
human activity  and, if so,  whether it is  a risk to  the people                                                               
near the  well; the condition  of the wellhead and  whether there                                                               
has been previous  problems or repair work on  that wellhead; and                                                               
whether the presence  of the unplugged well has  the potential to                                                               
negatively impact anticipated development.                                                                                      
                                                                                                                                
1:54:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE allowed  that much  of this  happened before  Mr.                                                               
Murphy  came onboard  the  BLM  and that  Mr.  Murphy is  working                                                               
towards a  solution.  As  far as  the solutions of  removing pits                                                               
and reclaiming  the wells being  impacted by coastal  erosion, he                                                               
said the BLM is keeping pilots like  him employed.  He said he is                                                               
disturbed  by   the  BLM's  failure  to   follow  existing  AOGCC                                                               
regulations for the wells drilled  near Wainwright.  While he did                                                               
not know whether that was  a willful disregard of the regulations                                                               
or simply  a lack of  knowledge or expertise  on the part  of the                                                               
people  that were  doing those  wells, he  asked that  Mr. Murphy                                                               
pass on  to the federal government  that the state does  not take                                                               
kindly to the violation of its laws.                                                                                            
                                                                                                                                
REPRESENTATIVE  MUNOZ  inquired  what   the  top  federal  agency                                                               
funding  priorities are  for Alaska  and  where this  remediation                                                               
effort fits into those priorities.                                                                                              
                                                                                                                                
MR. MURPHY  explained that  the Alaska BLM  budget is  based upon                                                               
the  conveyance  program, which  is  the  largest funded  program                                                               
within BLM  Alaska, followed  by the oil  and gas  "1310 program"                                                               
and then the recreational components.   As far as priorities, the                                                               
annual  budget for  the  legacy  well program  is  a  base of  $1                                                               
million and supplementals are addressed thereafter.                                                                             
                                                                                                                                
CO-CHAIR  SEATON requested  the committee  members to  submit any                                                               
other questions  they may  have and that  BLM provide  in writing                                                               
any disputes  it has  with HJR  29 so  the committee  may address                                                               
them.                                                                                                                           
                                                                                                                                
CO-CHAIR SEATON held over HJR 29.                                                                                               
                                                                                                                                

Document Name Date/Time Subjects
HB 9 Version U.pdf HRES 2/6/2012 1:00:00 PM
HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HRES 2/24/2012 1:00:00 PM
HRES 2/27/2012 1:00:00 PM
HB 9
HB 9 Sectional, version U.pdf HRES 2/6/2012 1:00:00 PM
HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HRES 2/24/2012 1:00:00 PM
HRES 2/27/2012 1:00:00 PM
HB 9
HB 9 Sponsor Statement- version U.pdf HRES 2/6/2012 1:00:00 PM
HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HRES 2/24/2012 1:00:00 PM
HB 9
Amendment1-RES.pdf HRES 2/6/2012 1:00:00 PM
HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HB 9
Amendment 2-RES.pdf HRES 2/6/2012 1:00:00 PM
HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HB 9
HB 9.pdf HRES 2/6/2012 1:00:00 PM
HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HRES 2/24/2012 1:00:00 PM
HB 9
HB 9 Fact Sheet.docx HRES 2/6/2012 1:00:00 PM
HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HRES 2/24/2012 1:00:00 PM
HB 9
AGDC Legislative Recommendations.pdf HRES 2/6/2012 1:00:00 PM
HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HB 9
2002 Ballot Measure 3, Section 1.docx HRES 2/6/2012 1:00:00 PM
HRES 2/8/2012 1:00:00 PM
HB 9
HB 369.pdf HRES 2/6/2012 1:00:00 PM
HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HB 9
HJR 29.pdf HRES 2/8/2012 1:00:00 PM
HJR 29 Sponsor Statement.pdf HRES 2/8/2012 1:00:00 PM
HJR 29 BLM Legacy Wells.pdf HRES 2/8/2012 1:00:00 PM
HJR 29 BLM Legacy Well Pictures.pdf HRES 2/8/2012 1:00:00 PM
HJR 29 AOGCC - legacy well non-compliance.pdf HRES 2/8/2012 1:00:00 PM
HJR 29 AOGCC - legacy well white paper.pdf HRES 2/8/2012 1:00:00 PM
HJR 29 Support Letter RDC.pdf HRES 2/8/2012 1:00:00 PM
ANGDA - H Res Comm 02812.pdf HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HB 9
HB 9 ANGDA e-mail.pdf HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HB 9
Executed ROW Lease 072006.pdf HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HB 9
HJR 29 email support Mayor Hugo 02072012.pdf HRES 2/8/2012 1:00:00 PM
HJR 29
Subsection G-New.pdf HRES 2/8/2012 1:00:00 PM
HB 9
Avoid Duplications.pdf HRES 2/8/2012 1:00:00 PM
HB 9
HRES Response.pdf HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HB 9