Legislature(2011 - 2012)BARNES 124

02/10/2012 01:00 PM House RESOURCES


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01:07:28 PM Start
01:07:54 PM HB9
02:30:47 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 9 IN-STATE GASLINE DEVELOPMENT CORP TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB   9-IN-STATE GASLINE DEVELOPMENT CORP                                                                        
                                                                                                                                
1:07:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON announced  that the only order  of business would                                                               
be  HOUSE  BILL NO.  9,  "An  Act  requiring the  Joint  In-State                                                               
Gasline   Development  Team   to   report   to  the   legislature                                                               
recommended changes to  state law that are required  to enable or                                                               
facilitate  the design,  financing,  and construction  of an  in-                                                               
state  natural gas  pipeline so  that the  in- state  natural gas                                                               
pipeline  is  operational  before  2016;  and  providing  for  an                                                               
effective date."   [Before the  committee was Version  U, labeled                                                               
27-LS0075\U, Bullock,  1/19/12, adopted  as the  working document                                                               
on 2/6/12.]                                                                                                                     
                                                                                                                                
CO-CHAIR  SEATON noted  that the  committee  will be  considering                                                               
amendments  today and  in the  future, so  the bill  will not  be                                                               
reported from committee today.                                                                                                  
                                                                                                                                
1:08:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON moved  to adopt Amendment  U.1, labeled                                                               
27-0075\U.1, Bullock,  1/25/12, which read  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 6, lines 15 - 16:                                                                                                     
          Delete "for the purpose of planning, designing,                                                                       
        financing, developing, constructing, owning, and                                                                        
     operating an in-state natural gas pipeline"                                                                                
          Insert "authorized to exercise the powers and                                                                         
     take the actions described in AS 18.56.087"                                                                                
                                                                                                                                
CO-CHAIR SEATON  labeled the foregoing Amendment  1, and objected                                                               
for  discussion purposes.   He  said the  sponsors asked  to have                                                               
this amendment introduced.                                                                                                      
                                                                                                                                
1:09:08 PM                                                                                                                    
                                                                                                                                
THOMAS WRIGHT, Staff, Representative  Mike Chenault, Alaska State                                                               
Legislature,  on  behalf  of the  prime  sponsor,  Representative                                                               
Chenault,  explained  that  the  duties  of  the  Alaska  Gasline                                                               
Development  Corporation (AGDC)  are laid  out in  the definition                                                               
section of AS 18.56.087.   Amendment 1 would encompass everything                                                               
that AGDC has  been charged to do under that  section, instead of                                                               
limiting  AGDC's  duties   to  "planning,  designing,  financing,                                                               
developing, constructing, owning, and operating."                                                                               
                                                                                                                                
CO-CHAIR  SEATON   asked  what  specific  parameters   are  being                                                               
identified and included in that topic.                                                                                          
                                                                                                                                
MR.  WRIGHT replied  that AGDC  has certain  functions under  the                                                               
bill itself and  the sponsor wants to ensure  that the definition                                                               
of  the corporation  includes everything  that  the bill  charges                                                               
AGDC to do.                                                                                                                     
                                                                                                                                
CO-CHAIR SEATON surmised that would  include sales and marketing,                                                               
which are not included in the current definition.                                                                               
                                                                                                                                
MR. WRIGHT responded correct.                                                                                                   
                                                                                                                                
1:10:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON pointed out  that the word  "is" should                                                               
be added to make the sentence read correctly.                                                                                   
                                                                                                                                
MR. WRIGHT concurred.                                                                                                           
                                                                                                                                
REPRESENTATIVE  P. WILSON  moved Amendment  1 to  Amendment 1  to                                                               
insert the word "is" before the word "authorized".                                                                              
                                                                                                                                
CO-CHAIR SEATON objected for discussion purposes.                                                                               
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
REPRESENTATIVE P. WILSON withdrew Amendment 1 to Amendment 1.                                                                   
                                                                                                                                
CO-CHAIR SEATON withdrew his objection.                                                                                         
                                                                                                                                
REPRESENTATIVE  P.   WILSON  moved  Conceptual  Amendment   2  to                                                               
Amendment  1 to  insert  "that is"  before  "authorized".   There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
1:13:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI asked whether  the reason for Amendment 1                                                               
is to  include more  powers or  to specifically  exclude specific                                                               
powers.  He surmised it would include pretty much any power.                                                                    
                                                                                                                                
MR. WRIGHT answered  it would include all the  powers outlined in                                                               
AS 18.56.087.                                                                                                                   
                                                                                                                                
REPRESENTATIVE KAWASAKI  inquired which  powers are  not included                                                               
under the previous definition.                                                                                                  
                                                                                                                                
MR.  WRIGHT replied  that it  could  get into:   eminent  domain;                                                               
acquire, by purchase,  lease, or gift, land,  structures, real or                                                               
personal property; transfer  or otherwise dispose of  all or part                                                               
of  the in-state  natural gas  pipeline; and  issuing bonds.   He                                                               
said Amendment 1  would a simpler route rather  than just listing                                                               
all these duties again underneath the definitions section.                                                                      
                                                                                                                                
CO-CHAIR SEATON  said the  duties are defined  in [the  bill] for                                                               
the  corporation and  this ensures  that regardless  of the  name                                                               
attached to that corporation, the  corporation can exercise those                                                               
responsibilities.                                                                                                               
                                                                                                                                
MR. WRIGHT concurred.                                                                                                           
                                                                                                                                
There being  no further objection,  Amendment 1, as  amended, was                                                               
adopted.                                                                                                                        
                                                                                                                                
1:15:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON moved  to adopt Amendment  U.2, labeled                                                               
27-0075\U.2, Bullock,  1/25/12, which read  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 11, line 15, following "must":                                                                                        
          Insert "be"                                                                                                           
                                                                                                                                
CO-CHAIR SEATON labeled the foregoing Amendment 2.                                                                              
                                                                                                                                
MR. WRIGHT explained  that this is a  technical amendment because                                                               
the word "be" was left out.                                                                                                     
                                                                                                                                
CO-CHAIR SEATON objected for discussion purposes.                                                                               
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
CO-CHAIR SEATON  removed his objection after  ascertaining no one                                                               
wished  to  discuss   Amendment  2.    There   being  no  further                                                               
objection, Amendment 2 was adopted.                                                                                             
                                                                                                                                
1:17:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON moved  to adopt Amendment  U.8, labeled                                                               
27-0075\U.8,  Bullock, 2/7/12,  which read  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 4, lines 22 - 25:                                                                                                     
          Delete all material.                                                                                                  
          Insert "[JOINT IN-STATE GASLINE DEVELOPMENT                                                                           
     TEAM].  The  Alaska   Gasline  Development  Corporation                                                                
     [DEVELOPMENT  TEAM]  shall avoid  duplicating  studies,                                                                    
     plans, and  designs that have already  been produced or                                                                    
     otherwise obtained by other state entities."                                                                               
                                                                                                                                
CO-CHAIR SEATON  labeled the foregoing Amendment  3, and objected                                                               
for discussion purposes.                                                                                                        
                                                                                                                                
MR. WRIGHT explained the sponsors want  to ensure it is clear and                                                               
understood that AGDC will "avoid  duplicating studies, plans, and                                                               
designs that have already been  produced or otherwise obtained by                                                               
other state entities."                                                                                                          
                                                                                                                                
1:18:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  inquired   whether  any  non-disclosure                                                               
agreements were  made by the  Joint In-State  Gasline Development                                                               
Team, and  would such  agreements now  be legally  transferred to                                                               
the Alaska Gasline Development Corporation (AGDC).                                                                              
                                                                                                                                
MR. WRIGHT deferred to the representatives of AGDC.                                                                             
                                                                                                                                
JOE   DUBLER,   Vice   President,  Alaska   Gasline   Development                                                               
Corporation (AGDC),  Director of Finance, Alaska  Housing Finance                                                               
Corporation (AHFC),  Department of Revenue (DOR),  understood the                                                               
question to  be whether any confidential  agreements were entered                                                               
into by  the Joint  In-State Gasline Development  Team.   He said                                                               
the  answer to  that is  no; all  the agreements  that have  been                                                               
entered  into  have  been  entered into  by  the  Alaska  Gasline                                                               
Development Corporation and not the team itself.                                                                                
                                                                                                                                
1:20:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE asked  whether any  confidential agreements  have                                                               
been  entered   into  by  the  Alaska   Natural  Gas  Development                                                               
Authority (ANGDA).                                                                                                              
                                                                                                                                
MR. DUBLER replied he has no  way of knowing what agreements have                                                               
been  entered into  by ANGDA.    He understood  that Amendment  3                                                               
relates  to  the Joint  In-State  Gasline  Development Team,  not                                                               
ANGDA, but offered to research this  and provide an answer to the                                                               
committee by 2/13/12.                                                                                                           
                                                                                                                                
CO-CHAIR  SEATON removed  his objection  to Amendment  3.   There                                                               
being no further objection, Amendment 3 was adopted.                                                                            
                                                                                                                                
1:22:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON moved  to adopt Amendment  U.9, labeled                                                               
27-0075\U.9,  Bullock, 2/8/12,  which read  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 10, line 30, through page 11, line 7:                                                                                 
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 11, line 13, following "pipeline":                                                                                    
          Insert "by the Alaska Gasline Development                                                                             
        Corporation, a subsidiary created by the Alaska                                                                         
     Housing Finance Corporation under AS 18.56.086,"                                                                           
                                                                                                                                
     Page 11, line 15:                                                                                                          
          Delete "section"                                                                                                      
          Insert "subsection"                                                                                                   
                                                                                                                                
     Page 11, line 23, following "a":                                                                                           
          Insert "necessary"                                                                                                    
                                                                                                                                
     Page 11, line 24, following "authorization":                                                                               
          Insert "for the development, construction, or                                                                         
     initial  operation of  a natural  gas  pipeline by  the                                                                    
     Alaska  Gasline Development  Corporation, a  subsidiary                                                                    
     created  by  the  Alaska  Housing  Finance  Corporation                                                                    
     under AS 18.56.086"                                                                                                        
                                                                                                                                
CO-CHAIR SEATON  labeled the foregoing  Amendment 4  and objected                                                               
for discussion purposes.                                                                                                        
                                                                                                                                
1:22:48 PM                                                                                                                    
                                                                                                                                
MR. WRIGHT  noted that  this is  also part of  HB 215,  which has                                                               
been laid aside because  it is being dealt with within  HB 9.  He                                                               
said the sponsors  feel it unnecessary to change  AS 38.35.200 to                                                               
make it fit for AGDC because  that language applies to AGDC or an                                                               
in-state  gasline; therefore,  the sponsors  decided not  to make                                                               
those changes  within that  section.   However, the  sponsors did                                                               
want to add  a section, described under Section 13  of Version U,                                                               
for judicial review, which is why this amendment is necessary.                                                                  
                                                                                                                                
CO-CHAIR SEATON requested Mr. Wright  to explain what Amendment 4                                                               
would do.                                                                                                                       
                                                                                                                                
MR.  WRIGHT explained  that Amendment  4 would  keep the  statute                                                               
named under Section 12 unrevised.   The language on page 11, line                                                               
9, [Section  13], would  add a new  subsection [to  AS 38.35.200]                                                               
dealing with  judicial review, and  this would remain.   [Section                                                               
13] would remain  unchanged to provide that  this is specifically                                                               
for  the  Alaska Gasline  Development  Corporation  and no  other                                                               
venture.                                                                                                                        
                                                                                                                                
CO-CHAIR  SEATON removed  his objection  to Amendment  4.   There                                                               
being no further objection, Amendment 4 was adopted.                                                                            
                                                                                                                                
1:24:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON moved to adopt  Amendment U.10, labeled                                                               
27-0075\U.10, Bullock,  2/8/12, which read  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 6, lines 1 - 11:                                                                                                      
          Delete all material and insert:                                                                                       
          "(g)  Upon request by the Alaska Gasline                                                                              
     Development  Corporation,  a  municipality or  a  state                                                                    
     entity  shall provide  water,  sand  and gravel,  other                                                                    
     nonhydrocarbon  natural resources,  and a  permit or  a                                                                    
     lease to the Alaska  Gasline Development Corporation at                                                                    
     the  usual and  customary  rates.  In this  subsection,                                                                    
     "state entity" means a  state department, authority, or                                                                    
     other administrative  unit of  the executive  branch of                                                                    
     state  government,  a  public university,  or  a  state                                                                    
     public corporation.                                                                                                        
          (h)  That part of the cost of providing, under                                                                        
     (g) of this  section, water, sand and  gravel, or other                                                                    
     nonhydrocarbon natural  resources, or of  entering into                                                                    
     a  lease or  issuing a  permit,  that is  borne by  the                                                                    
     Alaska Gasline Development  Corporation for an in-state                                                                    
     natural gas pipeline project that  is owned in whole or                                                                    
     in part  by the Alaska Gasline  Development Corporation                                                                    
     may not  be included in  the rate base in  a proceeding                                                                    
     under  AS 42 or  before the  Federal Energy  Regulatory                                                                    
     Commission."                                                                                                               
                                                                                                                                
CO-CHAIR SEATON  labeled the foregoing  Amendment 5  and objected                                                               
for discussion purposes.                                                                                                        
                                                                                                                                
MR.  WRIGHT  explained  that  Amendment  5  addresses  a  concern                                                               
expressed by some  committee members that HB 9  would force state                                                               
agencies to give  up resources to AGDC at no  charge.  Since AGDC                                                               
has  already paid  for some  of the  leases it  already has,  the                                                               
sponsors are trying  to ensure that no additional  fiscal cost is                                                               
added.   Thus,  AGDC  would  be bearing  the  costs for  leasing,                                                               
permitting, and any other nonhydrocarbon  resources that it deems                                                               
necessary for  the gasline, and  these costs may not  be included                                                               
in  the rate  base in  a  proceeding under  AS 42  or before  the                                                               
Federal Energy Regulatory Commission (FERC).                                                                                    
                                                                                                                                
1:26:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  surmised that  FERC would be  involved if                                                               
the gas were for export or crossing state lines.                                                                                
                                                                                                                                
MR. WRIGHT agreed that FERC would  be involved if the gas crosses                                                               
state lines or is exported to  other states; otherwise, it is the                                                               
U.S. Department of Energy that has jurisdiction.                                                                                
                                                                                                                                
REPRESENTATIVE GARDNER  inquired at what point  FERC would become                                                               
involved if  the original  assumption is that  the gas  would not                                                               
cross state lines or be exported.                                                                                               
                                                                                                                                
MR.  WRIGHT  concurred  that  the  language  does  not  make  any                                                               
assumptions,  but said  that if  there  is a  decision to  export                                                               
liquefied  natural  gas  (LNG)  to  another  state  it  would  be                                                               
included in this language.                                                                                                      
                                                                                                                                
1:27:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  what the  actual trigger  would be                                                               
for  notification  of   FERC;  for  example,  would   it  be  the                                                               
contemplating, the holding of an  open season, or the inviting of                                                               
bids.                                                                                                                           
                                                                                                                                
MR. WRIGHT deferred to representatives of AGDC for a reply.                                                                     
                                                                                                                                
DAN  FAUSKE, President,  Alaska  Gasline Development  Corporation                                                               
(AGDC),   CEO,  Alaska   Housing   Finance  Corporation   (AHFC),                                                               
Department  of Revenue  (DOR), responded  that FERC  would become                                                               
involved if,  for example, there  was an export authority  out of                                                               
Port MacKenzie or  elsewhere in Alaska and LNG  was being shipped                                                               
into the U.S., such as the West  Coast.  However, if that LNG was                                                               
being shipped to  the Orient or another  foreign destination, the                                                               
oversight would be by the U.S. Department of Energy, not FERC.                                                                  
                                                                                                                                
1:28:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER inquired  what would  trigger involvement                                                               
of these [federal] agencies.                                                                                                    
                                                                                                                                
MR. FAUSKE deferred to Mr. Dubler.                                                                                              
                                                                                                                                
MR. DUBLER  answered that the  trigger for getting  FERC involved                                                               
would be  if AGDC  entered into  agreements with  an LNG  or some                                                               
other  shipper  that intended  to  ship  the  gas from  the  AGDC                                                               
pipeline to  the West Coast  or some other Lower  48 destination,                                                               
including Hawaii.   If the LNG facility had contracts  to ship to                                                               
a foreign country,  there would be no trigger and  FERC would not                                                               
become involved.                                                                                                                
                                                                                                                                
DARYL  KLEPPIN, Commercial  Manager,  Alaska Gasline  Development                                                               
Corporation  (AGDC), Alaska  Housing Finance  Corporation (AHFC),                                                               
Department  of  Revenue  (DOR),  explained  that  if  a  new  LNG                                                               
facility  was  built  in  Cook  Inlet,  then  FERC  would  become                                                               
involved with  the construction of  the new facility in  terms of                                                               
mainly AHFC  and environmental permitting issues.   However, FERC                                                               
would not be involved with  pipeline tariffs or regulations if no                                                               
gas was intended for export to the Lower 48.                                                                                    
                                                                                                                                
1:30:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON, in regard to  building a new facility, new dock,                                                               
or other  new structure,  surmised this  language means  that the                                                               
expense of that  facility would not be included in  a sales price                                                               
or  a tariff  if that  facility or  dock was  owned or  partially                                                               
owned by AGDC.                                                                                                                  
                                                                                                                                
MR. DUBLER replied correct.  The  tariff on the gas going through                                                               
the pipeline  would only  include costs from  the North  Slope to                                                               
wherever the  pipe stubs  up on  the south  end of  the pipeline.                                                               
The cost  of the LNG  facility, wherever  it was built,  would be                                                               
borne by  the shipper  of the  LNG and would  be included  in the                                                               
shipper's cost  of shipping its  LNG.   The cost of  the pipeline                                                               
owned by AGDC would only be the  cost from one end of the pipe to                                                               
the other.   Whatever happened past the end of  the AGDC pipeline                                                               
would not apply to the tariff on the AGDC pipeline.                                                                             
                                                                                                                                
CO-CHAIR  SEATON understood  Mr. Dubler  to be  saying that  HB 9                                                               
would  not transfer  anything  beyond a  pipeline  and that  AGDC                                                               
could   not  build   a  facility;   i.e.  AGDC's   authority  for                                                               
construction  and development  and purchase  and marketing  would                                                               
not include a facility at the end.                                                                                              
                                                                                                                                
MR.   DUBLER   responded  that   this   is   correct  under   his                                                               
understanding  of the  language;  the language  would only  allow                                                               
AGDC  to transmit  gas  from  the North  Slope  to Fairbanks  and                                                               
Southcentral  Alaska.   Export facilities  or LNG  facilities are                                                               
not included in the authorization in HB 9.                                                                                      
                                                                                                                                
1:32:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER   noted    that   the   pipeline   being                                                               
contemplated would  be able to  carry half a billion  [cubic feet                                                               
of gas per  day].  However, at  this point it is  known the state                                                               
cannot use  that much gas unless  somebody else comes in  to soak                                                               
up that  extra gas.  Therefore,  the gas would have  to leave the                                                               
state one  way or another.   She asked at what  point the federal                                                               
agencies would step in; for example,  would it be when a contract                                                               
is  signed  or  when  an  open  season is  held  or  when  it  is                                                               
anticipated that that is going to be the case.                                                                                  
                                                                                                                                
MR. WRIGHT said he thinks it would  be up to the entity that owns                                                               
the facility to  make that decision.  For example,  if it went to                                                               
the ConocoPhillips LNG plant in  Nikiski, that plant would be the                                                               
one applying for the FERC license.                                                                                              
                                                                                                                                
CO-CHAIR SEATON  pointed out that  AGDC is not authorized  to own                                                               
that facility.                                                                                                                  
                                                                                                                                
MR. WRIGHT clarified  that the gasline being talked  about is "up                                                               
to" half a billion [cubic feet  per day]; it is not required that                                                               
it be  half a billion a  day.  It  will depend on the  demand and                                                               
what is marketed.                                                                                                               
                                                                                                                                
1:34:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER noted  that for  Alaskan consumers  it is                                                               
important  the  gasline be  as  big  as possible,  otherwise  the                                                               
tariff will be too high.                                                                                                        
                                                                                                                                
MR.  WRIGHT said  the  sponsors also  want  it to  be  as big  as                                                               
possible  and the  hope is  that something  occurs in  the future                                                               
that  will  allow  the  building   of  whatever  line  is  deemed                                                               
necessary.   However, right  now the  sponsors are  working under                                                               
the constraints of AGIA.                                                                                                        
                                                                                                                                
1:34:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON understood that Amendment  5 stipulates                                                               
that, upon  AGDC's request, the  municipality or the  state would                                                               
have to  provide to AGDC water,  sand, gravel, [nonhydrocarbons],                                                               
or  permit  at  the  usual  and customary  rates.    She  further                                                               
understood that  subsection (h) of the  amendment would stipulate                                                               
that  none of  the aforementioned  can  be included  in the  rate                                                               
base.  She asked for further explanation of these provisions.                                                                   
                                                                                                                                
MR. WRIGHT replied  that AGDC is currently paying  for its leases                                                               
and permits; he  offered his belief that the cost  of AGDC's last                                                               
permit was  $189,000.  Amendment 5  specifies that municipalities                                                               
and  the state  shall  provide materials  where  applicable at  a                                                               
usual  and  customary  rate.   Additionally,  these  permits  and                                                               
materials  could   not  be  included   in  the  base   rate  when                                                               
determining  the tariff.    Someone  is going  to  pay for  these                                                               
costs, he  said, whether  through the general  fund or  this way.                                                               
The sponsors  are trying to  keep the  tariff on this  gasline as                                                               
low as possible.                                                                                                                
                                                                                                                                
1:36:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON understood  that either the municipality                                                               
or the state is going to absorb the cost.                                                                                       
                                                                                                                                
MR. WRIGHT responded that the  municipality or the state would be                                                               
paid for  any use  of those  resources.   Public assets  would be                                                               
paid for  with public money,  it should not  be passed on  to the                                                               
consumer.                                                                                                                       
                                                                                                                                
MR. DUBLER interjected  that what is trying to be  avoided is the                                                               
state funding  these expenditures out  of general funds  and then                                                               
having  a  private  enterprise eventually  take  over  trying  to                                                               
recover those costs  from the consumers through the  tariff.  The                                                               
purpose is to avoid the  scenario of a private enterprise getting                                                               
credit for expenditures  that it did not actually pay  out of its                                                               
own pocket  or through borrowing  funds, and then  turning around                                                               
and trying to recover those costs in its rate base.                                                                             
                                                                                                                                
1:37:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  understood that AGDC  would have to  get general                                                               
fund appropriations  for participation in the  pipeline and would                                                               
buy gravel, water,  and materials from a borough  or state agency                                                               
at customary and  usual prices.  Those  expenditures for building                                                               
the gasline  would not be  included in the rate  base; therefore,                                                               
the general  fund expense, or  other mechanism of money  from the                                                               
state, would be a contribution to the project.                                                                                  
                                                                                                                                
MR. WRIGHT answered  correct.  He said $200  million is currently                                                               
sitting in  an account  waiting for  the creation  of a  fund for                                                               
AGDC.   Another $35-$40 million  will likely be needed  this year                                                               
for AGDC  to continue its work  toward an open season  or "FEL 3"                                                               
and  whatever else  is needed  to  continue to  get this  project                                                               
sanctioned.   Some of  these costs are  being undertaken  by AGDC                                                               
now.                                                                                                                            
                                                                                                                                
CO-CHAIR SEATON pointed out to  members of the public that reason                                                               
for all  of the  committee's questions is  that the  committee is                                                               
making sure  it understands  how all the  pieces fit  together in                                                               
this complex bill.                                                                                                              
                                                                                                                                
1:39:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON understood that  right now the state, or                                                               
whoever pays for  this, is never going to be  able to recover its                                                               
money.   She asked whether, in  the long run, the  state is going                                                               
to be part owner of the pipeline.                                                                                               
                                                                                                                                
MR. WRIGHT replied that that  is the decision legislators will be                                                               
making when it comes time to sanction the project.                                                                              
                                                                                                                                
REPRESENTATIVE P. WILSON inquired whether  the state will be able                                                               
to stipulate  what percentage  of ownership it  wants to  have in                                                               
the gasline.                                                                                                                    
                                                                                                                                
MR. WRIGHT  again responded that  that is a  decision legislators                                                               
will be making at some point in time.   He said this is a tool to                                                               
get  AGDC to  the point  where the  legislature will  be able  to                                                               
decide  whether  to  sanction  the   project  and  one  of  those                                                               
decisions will  be how much  state participation there  should be                                                               
in this project.  So it is an unknown right now.                                                                                
                                                                                                                                
1:40:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON,  noting that  different people  may be                                                               
members of  the legislature when  it comes time for  making these                                                               
decisions, asked  whether there are  provisions in the  bill that                                                               
set  something up  so  those questions  get  answered along  with                                                               
sanctioning of the project.                                                                                                     
                                                                                                                                
MR. WRIGHT  answered that he wishes  there was, but all  the bill                                                               
does is give AGDC  the tools to move toward open  season.  If the                                                               
open  season is  successful, legislation  will be  brought before                                                               
the legislature that includes things  in the project plan such as                                                               
financing, route,  and cost.  At  that point in time,  all of the                                                               
aforementioned  decisions  would  be   made.    Also,  a  private                                                               
corporation could  come in  at this  point in  time to  take this                                                               
over, and  then any decision-making  by the legislature  would be                                                               
very minimal.                                                                                                                   
                                                                                                                                
1:41:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON asked  whether something should  be put                                                               
in  the bill  that  would guarantee  more  than a  yes  or no  on                                                               
sanctioning, given  that the  legislature may be  made up  of new                                                               
people.                                                                                                                         
                                                                                                                                
MR. WRIGHT  replied it  will not  be a simple  yes or  no answer,                                                               
there will  be a lot of  components in this project  on which the                                                               
legislature  will have  to say  yes  or no.   Therefore,  putting                                                               
those issues into the bill now would be pre-mature.                                                                             
                                                                                                                                
1:43:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  shared that  members  are  concerned about  the                                                               
broad latitude  of projects that  could go forward;  for example,                                                               
the project  could be owned by  a company that is  exporting some                                                               
product.   The question  is whether  this means  that all  of the                                                               
state's contributions  to AGDC may not  be included in that.   He                                                               
presumed that  at the  sanctioning or  sale of  the project  to a                                                               
private  corporation,   the  legislature   at  that   time  would                                                               
incorporate,  to  the extent  it  desires,  the expenses  of  the                                                               
project in the sales price.                                                                                                     
                                                                                                                                
MR. WRIGHT  responded that he  would hope so.   He added  that it                                                               
could be compared to AGIA where  the state is giving $500 million                                                               
to  TransCanada without  knowing where  the project  is at.   The                                                               
sponsors' point  is that this  is the  only project at  this time                                                               
that has  momentum, and that has  a project plan that  is working                                                               
toward the goal of providing  gas to Alaskans, and that hopefully                                                               
sets up some economic opportunities  for Alaskans.  Right now, no                                                               
other  project in  the state  is moving  ahead with  the dynamics                                                               
that AGDC has provided.                                                                                                         
                                                                                                                                
1:45:10 PM                                                                                                                    
                                                                                                                                
MR. FAUSKE  recalled that  in previous  testimony he  spoke about                                                               
$400 million in  aggregate to get AGDC through "FEL  3," and most                                                               
of  the expenditures  being  talked about  are  within that  $400                                                               
million.  He  also recalled stating that the state  simply has to                                                               
spend money because no one else  will to get AGDC to the position                                                               
of being  sanctioned.  He said  some of this language  is forward                                                               
thinking  in regard  to buying  gravel, sand,  and other  natural                                                               
resources, and  there might  be an opportunity  for AGDC  to come                                                               
back  then  to discuss  the  fiscal  impact of  those  purchases.                                                               
However, he continued,  the vast majority of this work  is to get                                                               
to the  point where the  legislature can sanction a  project with                                                               
many  of the  details  worked out  down  to a  plus  or minus  10                                                               
percent comfort  level.   He agreed  with Mr.  Wright that  it is                                                               
premature  to determine  all the  questions now.   He  guaranteed                                                               
that at the  point of sanctioning it will be  a very detailed and                                                               
complex  arrangement, and  AGDC will  be spending  a lot  of time                                                               
with  legislators, but  the vast  majority of  questions will  be                                                               
answered at that time.                                                                                                          
                                                                                                                                
1:47:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  pointed out that Amendment  5 specifically deals                                                               
with sand, gravel, water, and  other nonhydrocarbon resources, so                                                               
it would be well beyond  sanctioning when talking about the point                                                               
of  this amendment.    The question  is  not the  pre-sanctioning                                                               
expenditures but the expenditures  in construction that would not                                                               
be rolled into  a pipeline.  Since that is  a different question,                                                               
committee  members are  trying to  understand the  parameters and                                                               
what  that  would  mean  in  different kinds  of  projects.    He                                                               
requested Mr. Fauske to address this.                                                                                           
                                                                                                                                
MR. FAUSKE  specified that he  was speaking to the  permit aspect                                                               
in which AGDC  and the Department of Natural  Resources (DNR) are                                                               
currently engaged.   He said it is in the  sanctioning phase that                                                               
these materials will need to be  purchased.  The vast majority of                                                               
sand,  gravel, and  other materials  are  construction items  for                                                               
building pads,  roads, and so  forth on the construction  site of                                                               
this project.                                                                                                                   
                                                                                                                                
1:48:19 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  said Amendment 5 provides  that the expenditures                                                               
for  those items  may  not be  included  in the  rate  base in  a                                                               
proceeding under AS 42 or before  FERC.  He asked whether this is                                                               
Mr. Fauske's understanding.                                                                                                     
                                                                                                                                
MR. FAUSKE replied  that it is.  He recounted  that the theory in                                                               
the  numerous discussions  on the  original [subsection]  (g) was                                                               
that Peter  was being robbed  to pay Paul  and "why would  we pay                                                               
ourselves".   He related that at  a 2/8/12 meeting of  the Alaska                                                               
Municipal League (AML) this section  of the bill was discussed at                                                               
some length, and  at which time he advised the  attendees that an                                                               
amendment  was being  prepared.   He  said  mayors and  political                                                               
subdivision people  were concerned that  they would be  unable to                                                               
meet the  demands of this bill  or what was expected  of them, so                                                               
he  thinks what  is  being  proposed would  make  them feel  much                                                               
easier as well.                                                                                                                 
                                                                                                                                
CO-CHAIR  SEATON noted  that the  discussion was  on [subsection]                                                               
(h), not [subsection] (g).                                                                                                      
                                                                                                                                
1:49:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE  understood that  Amendment  5  would remove  the                                                               
requirement for the state and  sub-elements of the state, such as                                                               
small cities  and municipalities,  to provide  free gravel.   The                                                               
proposed  new  [subsection]  (g)  would require  the  payment  of                                                               
reasonable and customary rates for  the gravel that is purchased.                                                               
[Subsection]  (h)  would provide  that  the  expenditure on  that                                                               
gravel will  be considered a  contribution of Alaska  towards the                                                               
project;  therefore, when  the  Regulatory  Commission of  Alaska                                                               
(RCA) or FERC are deciding the  amount of the gasline tariff, the                                                               
price  will be  knocked  down commensurate  with  the amount  the                                                               
state put in.                                                                                                                   
                                                                                                                                
MR.  WRIGHT answered  correct, knowing  that state  resources are                                                               
available  now outside  of the  tariff helps  define the  project                                                               
costs prior to the open season.                                                                                                 
                                                                                                                                
1:51:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER,  regarding the proposed  [subsection] (h)                                                               
under Amendment  5 in which the  RCA or FERC decides  the tariff,                                                               
noted  that other  parts of  HB 9  would remove  the RCA  tariff-                                                               
making provision  and the FERC  would not be deciding  the tariff                                                               
from the  North Slope  to Cook  Inlet.   She understood  that the                                                               
effect  of  [subsection] (h)  would  be  to  reduce the  cost  of                                                               
building  the  gasline,  thereby  making  it  theoretically  less                                                               
expensive  to provide  Alaska's gas  to Alaskans.   However,  she                                                               
pointed out,  the portion of  gas not  going to Alaskans  is then                                                               
being  subsidized by  the state;  the benefit  being provided  by                                                               
excluding these costs will accrue  to Alaskans as well as whoever                                                               
gets the rest of the gas.                                                                                                       
                                                                                                                                
MR. WRIGHT responded that this will  be one of the discussions at                                                               
the point of sanctioning.                                                                                                       
                                                                                                                                
1:52:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked what  the purpose is  for excluding                                                               
the cost of the sand, gravel, and water from the tariff.                                                                        
                                                                                                                                
MR. WRIGHT deferred to Mr. Dubler.                                                                                              
                                                                                                                                
MR.  DUBLER replied  it was  agreed  that instead  of having  the                                                               
costs borne  by all  of the agencies  supporting this  project be                                                               
provided free  of charge to the  project, the AGDC would  pay for                                                               
them like  any other entity would  have to do.   The thought then                                                               
came up  as to whether that  is equitable to Alaskans  to have to                                                               
pay in  their rate base  for the  resources that belong  to them.                                                               
Another thought was whether a  private entity should benefit from                                                               
the  state funding  those expenditures  up front  and be  able to                                                               
recover  costs that  it did  not actually  incur -  that was  the                                                               
overriding concern that led to the language in Amendment 5.                                                                     
                                                                                                                                
1:53:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER  asked whether there  would be some  way to                                                               
allocate  an  additional  cost  to recoup  that  benefit  if  the                                                               
gasline went to a private entity.                                                                                               
                                                                                                                                
MR.  WRIGHT said  he thinks  that  can be  addressed somewhat  in                                                               
Section 1, [paragraph]  (4) on page 2, line 23,  which allows for                                                               
AGDC  to dispose  of  project  assets.   He  surmised  that if  a                                                               
private  entity took  over  the project,  AGDC  would charge  the                                                               
entity for the costs of the assets that are being disposed.                                                                     
                                                                                                                                
CO-CHAIR SEATON pointed out that that  is what he was alluding to                                                               
earlier when he  said that AGDC's costs would be  included in the                                                               
sales price if the project was  sold to a private entity, because                                                               
the  State  of  Alaska  will have  had  general  funds  expended.                                                               
Nothing is in  here that would exclude  incorporating those costs                                                               
for materials  acquired from DNR  or a municipality in  the sales                                                               
price or into an ownership amount;  that is a decision to be made                                                               
at a future time if such  a transfer goes forward.  [Amendment 5]                                                               
is only  dealing with the base  rate for the tariff;  it does not                                                               
exclude those  costs from being  used as part of  the calculation                                                               
of percentage ownership or sales price of a pipeline.                                                                           
                                                                                                                                
MR. WRIGHT  concurred there is  nothing that prohibits AGDC  in a                                                               
negotiation from having  those costs included in  any future sale                                                               
that it may deem necessary.                                                                                                     
                                                                                                                                
1:56:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER noted that  Co-Chair Seaton is referring to                                                               
the sale of the pipeline  and Representative Gardner is referring                                                               
to the benefit of a reduced  tariff through the State of Alaska's                                                               
contribution of sand,  gravel, and other materials  that would go                                                               
to  an entity  that  is liquefying  and exporting  the  gas.   He                                                               
surmised that  there must be  other models from  pipelines around                                                               
the  world for  tracking the  cost of  that sand  and gravel  and                                                               
quantifying that into a per unit price  to add on as some kind of                                                               
a fee if the gas is being exported.                                                                                             
                                                                                                                                
CO-CHAIR SEATON said  he thinks that is generally  done through a                                                               
tariff.  The  question here is that the sponsors  of the bill are                                                               
saying that  to get this off  of dead center they  are committing                                                               
some  state resources  that will  not be  included in  the tariff                                                               
because  the  tariff is  anticipated  to  be a  very  significant                                                               
obstacle for a  pipeline going forward.  He  understood that this                                                               
provision is to reduce the tariff  to incentivize a pipeline.  If                                                               
the  pipeline is  owned [by  the state]  the costs  would not  be                                                               
recovered through  that tariff  and if the  pipeline was  sold or                                                               
transferred at  some point  in time there  is nothing  that would                                                               
preclude AGDC from negotiating those prices.                                                                                    
                                                                                                                                
1:58:23 PM                                                                                                                    
                                                                                                                                
MR.  WRIGHT reminded  members  of a  previous  statement made  by                                                               
Representative  Chenault that  at some  point in  time the  lower                                                               
tariffs  would  probably  make  up more  than  what  those  state                                                               
resources are going to cost.                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  asked whether  that  is  lower tariffs  on  the                                                               
transmission of the state's royalty gas.                                                                                        
                                                                                                                                
MR. WRIGHT said he cannot answer the question on royalty gas.                                                                   
                                                                                                                                
CO-CHAIR FEIGE said  it would lower the cost to  the consumer for                                                               
savings over time.                                                                                                              
                                                                                                                                
CO-CHAIR SEATON understood  it would lower the  cost to consumers                                                               
if the gas is used in-state.                                                                                                    
                                                                                                                                
MR. WRIGHT said correct.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GARDNER understood  that  the  intention of  this                                                               
provision is to  lower the cost of the tariff  for everybody.  In                                                               
the event  the entire gasline  is sold  the [cost] can  be rolled                                                               
into the sales price, if the state chooses to do so.                                                                            
                                                                                                                                
MR. WRIGHT said correct.                                                                                                        
                                                                                                                                
1:59:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  understood the aforementioned; however,                                                               
she said  it seems to  her that  the pipeline is  not economical,                                                               
but  a way  is being  found for  getting gas  to everybody.   She                                                               
conjectured  that   the  real   cost  of   the  pipeline   is  so                                                               
astronomical when all of that cost  is added in that it would not                                                               
be economical  to sell the  pipeline.   Thus, if the  state gives                                                               
the gasline  to somebody else, then  it is going to  be paying to                                                               
give it  to somebody else, because  nobody is going to  buy it if                                                               
those costs are included in it.                                                                                                 
                                                                                                                                
CO-CHAIR SEATON  responded that  the costs of  gas in  the future                                                               
are being  projected and  those costs could  be $20  per thousand                                                               
cubic feet (MCF),  in which case the project  is very economical.                                                               
There  could  be  disruptions  in  worldwide  gas  supplies  from                                                               
current gas producers,  so the price of gas could  be high enough                                                               
to support a direct private  project.  There are enough unknowns,                                                               
he maintained, that it cannot  be definitively said that the cost                                                               
of building the pipeline will never be economical.                                                                              
                                                                                                                                
2:02:24 PM                                                                                                                    
                                                                                                                                
MR. WRIGHT  related that the position  of Representative Chenault                                                               
and Representative  Hawker is  that any  reduction in  tariff for                                                               
any  user,  whether  commercial   or  public,  will  benefit  all                                                               
Alaskans.   There would be more  volume, a lower tariff,  and the                                                               
likelihood of  a line  at all;  so, any way  to help  reduce that                                                               
tariff will be beneficial.                                                                                                      
                                                                                                                                
CO-CHAIR FEIGE, in regard to  Representative Gardner's point that                                                               
the tariff  would be lowered  for an  export customer as  well as                                                               
Alaskans,  advocated  that that  is  not  necessarily a  negative                                                               
impact for the  state.  Subtracting the  transportation cost from                                                               
what  the customer  pays,  and  working that  back  to the  North                                                               
Slope, increases  the gross  value of  that gas  at the  point of                                                               
production, which  is where  the state  taxes the  gas.   So, the                                                               
state  is not  giving all  that away  completely, it  is actually                                                               
raising the value  of what it can tax and  thereby increasing the                                                               
revenue on the taxation side.                                                                                                   
                                                                                                                                
2:03:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  returned the discussion  to Amendment  5, noting                                                               
that [subsection]  (h) is  the part  where there  is debate.   He                                                               
advised  that and  an  amendment  could be  added  in the  future                                                               
because the committee will have the bill for awhile.                                                                            
                                                                                                                                
CO-CHAIR  SEATON removed  his objection  to Amendment  5.   There                                                               
being no further objection, Amendment 5 was adopted.                                                                            
                                                                                                                                
MR.  WRIGHT  reported that  the  sponsors  are working  with  the                                                               
Department  of Law  (DOL) on  some issues  of clarification  that                                                               
might  need  further  amending.    The  first  meeting  with  the                                                               
department was  this morning,  he said, so  the sponsors  will be                                                               
working with  DOL and  the drafters to  determine what  fits into                                                               
the bill and  what is unnecessary.  The sponsors  are also having                                                               
discussions  with Mr.  Stuart Goering,  attorney general  for the                                                               
Regulatory Commission of Alaska (RCA).                                                                                          
                                                                                                                                
2:05:56 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON moved to  additional testimony after ascertaining                                                               
that there were no other amendments to be offered.                                                                              
                                                                                                                                
STUART  GOERING,  Assistant   Attorney  General,  Commercial/Fair                                                               
Business Section,  Civil Division (Anchorage), Department  of Law                                                               
(DOL), explained  that he  is the full-time  counsel to  the RCA.                                                               
He said  he is present today  on behalf of the  commissioners who                                                               
are out  of state on commission  business.  He offered  to answer                                                               
any  background-type  questions  and  to take  any  policy  level                                                               
questions,  such  as  the  merits   of  the  bill,  back  to  the                                                               
commission  for  a  response.    He  added  that  discussions  of                                                               
technical issues between  the sponsors and the  Department of Law                                                               
will continue and he can answer any questions in that regard.                                                                   
                                                                                                                                
2:08:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON,  regarding the  generalized concept  in HB  9 to                                                               
exclude AGDC from RCA jurisdiction,  inquired where the RCA would                                                               
normally have jurisdiction on a gas pipeline.                                                                                   
                                                                                                                                
MR.  GOERING replied  there are  two  layers to  that issue,  the                                                               
first being  the policy  of whether  any particular  entity would                                                               
not  be  regulated,  which  is   beyond  what  he  could  answer.                                                               
However, it might  be something that the RCA  would be interested                                                               
in  commenting on,  although to  his  knowledge the  RCA has  not                                                               
discussed it.                                                                                                                   
                                                                                                                                
2:09:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   re-stated  his   question  to  ask   what  RCA                                                               
regulation of  an in-state pipeline  means; what things  does the                                                               
RCA do with a pipeline that is transmitting in-state gas.                                                                       
                                                                                                                                
MR.  GOERING reviewed  how the  RCA would  ordinarily regulate  a                                                               
natural gas pipeline.  He explained  that the RCA has two organic                                                               
statutes - AS 42.05, the  Alaska Public Utilities Regulatory Act,                                                               
and AS  42.06, the Pipeline  Act.  Under some  circumstances, the                                                               
primary  one  being the  system  of  ENSTAR Natural  Gas  Company                                                               
(ENSTAR),  natural gas  pipelines are  regulated under  AS 42.05.                                                               
That is  something of  a legacy  issue because  the circumstances                                                               
under which ENSTAR has done  business all these years is somewhat                                                               
sheltered by AS  38.35.220, which does not  require that ENSTAR's                                                               
right-of-way  leases  contain  common  carrier language.    As  a                                                               
result,  ENSTAR operates  as  a utility  pipeline,  not a  common                                                               
carrier pipeline.  Other pipelines  in the state that are subject                                                               
to RCA  jurisdiction, to  the extent that  they have  leases from                                                               
the  state, operate  under leases  which have  covenants in  them                                                               
under AS 38.35.120(a)(1)  that require them to  be common carrier                                                               
pipelines.  A common carrier  pipeline is subject to the Pipeline                                                               
Act,  which  means that  the  pipeline  must have  a  certificate                                                               
before  business can  be  done as  a pipeline  carrier.   If  the                                                               
pipeline  has not  yet been  constructed, it  would have  to have                                                               
that certificate  and a permit  from the RCA  before construction                                                               
began.   Before  service could  be provided,  the pipeline  would                                                               
have to  have an  approved tariff  on file  that would  contain a                                                               
cost-based  rate, as  well as  all of  the rules  and regulations                                                               
that govern  the terms and  conditions that the  pipeline service                                                               
is provided under.                                                                                                              
                                                                                                                                
2:11:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON, in regard to  tariff recovery, asked whether the                                                               
RCA has parameters that cap the amount of recovery on equity.                                                                   
                                                                                                                                
MR. GOERING responded that the  rate-making process involves five                                                               
elements.   The two  elements the  committee is  currently asking                                                               
about  are the  rate base,  which is  the size  of the  carrier's                                                               
investment in its plant and  pipeline facilities, and the rate of                                                               
return; both of  which the RCA has jurisdiction to  set.  It will                                                               
review the  value of  the pipeline  for rate-making  purposes and                                                               
set that value,  as well as setting the return  that the pipeline                                                               
carrier can  receive on that  rate base.   The other  elements of                                                               
the  rate-making process  involve  operating expenses,  allowance                                                               
for taxes, and so forth.                                                                                                        
                                                                                                                                
2:12:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON,  noting that under  HB 9  the RCA would  have no                                                               
jurisdiction, asked who  would set the value of  the pipeline for                                                               
municipal taxation.                                                                                                             
                                                                                                                                
MR. GOERING  answered that the  RCA does not  set the value  of a                                                               
pipeline  for municipal  tax  purposes  even if  it  is a  common                                                               
carrier pipeline  that is  regulated under AS  42.06.   Those are                                                               
really distinct  processes and  the value of  a pipeline  for tax                                                               
purposes is determined through the  tax assessment process, which                                                               
may or may not take into  consideration the same factors that the                                                               
RCA does  in setting the rate  base.  The cost  of the facilities                                                               
is  the primary  factor for  rate-making purposes,  although that                                                               
can be varied  somewhat.  Principally, he continued,  it is based                                                               
on the original cost of the facility.                                                                                           
                                                                                                                                
2:13:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON surmised  that  Mr. Goering  is  using the  term                                                               
"pipeline valuation" so that that  can be a factor in determining                                                               
the tariff.                                                                                                                     
                                                                                                                                
MR. GOERING  replied yes,  there are two  parts to  the equation,                                                               
both of which  must be known.   When setting a rate  of return it                                                               
must  be  known  what it  is  going  to  be  applied to,  so  the                                                               
commission  sets  the value  of  the  property.   The  applicable                                                               
statute, AS  42.06.420, provides  that the commission  will value                                                               
the  property for  the exercise  of its  jurisdiction and  it can                                                               
take into account new construction,  extensions, and additions to                                                               
the  property of  the pipeline  carrier as  those occur,  but its                                                               
principal  guidance is  from the  original cost  of the  project.                                                               
Whereas for  tax purposes,  as has  been seen  recently, original                                                               
cost may  or may not  have much to do  with the tax  valuation of                                                               
the pipeline.                                                                                                                   
                                                                                                                                
2:14:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  said the  committee is trying  to find  out what                                                               
the effect  is of eliminating  RCA jurisdiction on  the pipeline.                                                               
He  asked whether  there is  another  entity that  would set  the                                                               
tariff rate  of return for an  in-state pipeline if RCA  does not                                                               
do this.                                                                                                                        
                                                                                                                                
MR.  GOERING responded  that unregulated  businesses are  free to                                                               
set their own prices however they  want, whether that is based on                                                               
the market or in response to some  other force.  In the case of a                                                               
publicly-owned  asset,  that may  be  set  by legislation  or  by                                                               
processes that are set out in  regulation.  For example, a tariff                                                               
that is  not overseen by a  regulatory body is the  Alaska Marine                                                               
Highway system.  The marine highway  has a tariff and is a common                                                               
carrier of sorts since it  provides transportation services.  The                                                               
assets are owned  by the State of Alaska and  those rates are set                                                               
through a process that he is  not familiar with, which may or may                                                               
not be a cost-based process.                                                                                                    
                                                                                                                                
2:16:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  commented that this is  helpful in understanding                                                               
what the  effects are of  having or not having  RCA jurisdiction.                                                               
In  regard to  the pipeline  section about  the ownership  of the                                                               
pipeline  and the  tariff, he  inquired whether  there are  other                                                               
aspects of having or not having an RCA-regulated pipeline.                                                                      
                                                                                                                                
MR. GOERING explained that the  Pipeline Act provides a number of                                                               
provisions related to  pipeline carriers.  One  provision is that                                                               
a certificated pipeline carrier must  have a certificate.  If the                                                               
carrier wanted  to expand or extend  that line, it would  have to                                                               
come back and get that  certificate modified.  Any disputes about                                                               
interconnection  with  that pipeline  could  be  resolved on  the                                                               
administrative  level rather  than  involving the  courts, so  an                                                               
expert tribunal would  do that.  A lot of  things conceptually go                                                               
with  a  common carrier,  he  continued,  one being  the  carrier                                                               
cannot discriminate in the provision  of service.  That is fairly                                                               
important because  it means that  anybody wanting to ship  on the                                                               
line  gets to  do  so  under the  same  terms  and conditions  as                                                               
anybody  else  that is  similarly  situated.    The RCA  has  the                                                               
ability  there to  allocate usage  of a  pipeline if  there is  a                                                               
dispute  about whether  somebody  should  be able  to  ship.   If                                                               
people want  to interconnect with  the pipeline, the RCA  has the                                                               
ability  to  oversee  the interconnection  process  and  to  help                                                               
resolve  disputes about  who should  pay for  the interconnection                                                               
and  whether  the  interconnection  even should  be  made.    For                                                               
example,  if  someone  wants  to  take gas  off  the  line  at  a                                                               
particular place for some purpose,  whether to serve a utility or                                                               
an  industrial process  or to  have a  spur line,  the commission                                                               
would be able  to oversee it if it is  a regulated common carrier                                                               
pipeline.                                                                                                                       
                                                                                                                                
2:18:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON surmised that in this  case the AGDC or the owner                                                               
of the  pipeline could determine  whether there were going  to be                                                               
disincentive  rates; for  example, whether  gas sold  anywhere on                                                               
the  pipeline  system would  be  at  a  postage-stamp rate  or  a                                                               
disincentive rate.                                                                                                              
                                                                                                                                
MR.  GOERING responded  it is  difficult to  say what  the tariff                                                               
would look like if [AGDC or  the owner] were regulated by the RCA                                                               
because voluminous  facts go into a  specific rate case.   So, he                                                               
cannot say what kind of rate  structure there would be if it were                                                               
regulated and  what would be  approved or what concepts  would be                                                               
included.  But he  can say that if the RCA  is not regulating the                                                               
rates, terms,  and conditions of service,  it would be up  to the                                                               
pipeline owner to  decide what terms and conditions  it wanted to                                                               
offer service under.  He supposed  the courts would be the remedy                                                               
for  a dispute  over whether  the offer  was consistent  with the                                                               
agreements that the pipeline owner had with the shipper.                                                                        
                                                                                                                                
2:20:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  said the  committee has been  told that  the RCA                                                               
would still  regulate the  sale of any  gas that  was transmitted                                                               
through the  pipeline to  any consumers  in Alaska  or utilities.                                                               
He  asked  whether  that  is  correct  and  whether  there  is  a                                                               
difference  if  the   sale  is  to  an  ENSTAR   or  an  electric                                                               
association or to  a company that would  be making gas-to-liquids                                                               
or LNG  for export.   He further asked  where and which  of those                                                               
RCA  would  still  have  control over  should  RCA  oversight  be                                                               
eliminated as proposed in HB 9.                                                                                                 
                                                                                                                                
MR. GOERING,  assuming the  bill as written  for the  purposes of                                                               
his answer, stated that if AGDC  is unregulated the RCA would not                                                               
set the tariff  that AGDC charges.   He said he did  not know how                                                               
that would be  set, but assumed it  would be set by  some sort of                                                               
contract between  the shippers and  AGDC.   If the shipper  was a                                                               
public utility  like ENSTAR or Chugach  Electric Association, the                                                               
shipper would likely  at the same time be buying  gas from one or                                                               
more producers or gas marketers.   Traditionally, those utilities                                                               
bring their gas  sales agreements to the RCA  for prior approval.                                                               
ENSTAR  does  this because  its  tariff  requires  it to  do  so.                                                               
Electric  utilities do  this because  they want  some measure  of                                                               
certainty that the price they pay for  gas is going to be able to                                                               
be recovered  in their rates.   At that point of  RCA's review of                                                               
the gas sales  agreement, the gas sales agreement may  or may not                                                               
include transportation  costs.  Many  of the gas  sales contracts                                                               
currently in  force in Cook Inlet  include transportation bundled                                                               
into the  price of gas, i.e.  the utilities are getting  gas at a                                                               
delivered price.   It is possible for the  utilities to structure                                                               
their  contracts  so  the transportation  tariff  is  broken  out                                                               
separately or  they may buy  the gas  in one transaction  and buy                                                               
the  transportation services  in  another transaction.   How  and                                                               
when the utilities  would choose to bring those to  the RCA would                                                               
be somewhat up to them.                                                                                                         
                                                                                                                                
2:24:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  understood the aforementioned  would only  be if                                                               
it is  a regulated utility buying  the gas, not if  it is another                                                               
entity buying the gas.                                                                                                          
                                                                                                                                
MR. GOERING answered  yes, and added that that would  be true for                                                               
a pipeline carrier that was  dealing with an unregulated shipper,                                                               
even if the pipeline itself was  regulated.  The transaction of a                                                               
shipper paying a  transportation tariff is not  something the RCA                                                               
is  necessarily involved  in,  nor  is the  RCA  involved in  the                                                               
purchase  of  the  commodity,  the natural  gas  itself,  if  the                                                               
ultimate customer is not a regulated utility.                                                                                   
                                                                                                                                
2:25:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  inquired whether there is  any example of                                                               
a  pipeline  in the  U.S.  built  under  terms similar  to  those                                                               
contemplated  in  HB  9,  those  terms  being  the  RCA  or  FERC                                                               
jurisdiction, exemption  from state procurement  codes, exemption                                                               
from  injunctive relief  from the  courts, 60  day time  limit on                                                               
citizen protest of right-of-way  issues, no standing for judicial                                                               
review by anybody who has  no direct financial interest, and some                                                               
of the confidentiality terms.                                                                                                   
                                                                                                                                
MR. GOERING  replied he is  unfamiliar with that because  he does                                                               
not have  responsibility for looking  at how other  states handle                                                               
their pipelines.   However, he  continued, that does not  mean it                                                               
does not exist.   Alaska is somewhat unique because  of its large                                                               
size  and  amount  of  resources and  that  the  state  regulates                                                               
pipelines at the  level that it does.  He  assumed that there are                                                               
intra-state  pipelines  in  the  Lower  48,  but  said  the  most                                                               
significant pipelines  in the Lower 48  are inter-state pipelines                                                               
that are not regulated by the states.                                                                                           
                                                                                                                                
2:27:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  requested Mr. Goering  to contact  the committee                                                               
about any  policy issues  that should be  transmitted to  the RCA                                                               
for answers.                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON requested Mr. Fauske  or Mr. Dubler to respond to                                                               
the  analysis  presented by  Mr.  Pedro  van  Meurs at  a  recent                                                               
Legislative  Budget and  Audit  Committee  hearing in  Anchorage.                                                               
[Due to  technical difficulties  Mr. Fauske  and Mr.  Dubler were                                                               
unable to respond.]  Co-Chair  Seaton subsequently announced that                                                               
Mr. van  Meurs will be in  Juneau next week and  urged Mr. Fauske                                                               
and Mr.  Dubler to  speak to  Mr. van  Meurs about  any questions                                                               
that that they may have.                                                                                                        
                                                                                                                                
CO-CHAIR SEATON  held over  HB 9 after  ascertaining that  no one                                                               
else wished to speak further about the bill.                                                                                    

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
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
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
HRES Response.pdf HRES 2/8/2012 1:00:00 PM
HRES 2/10/2012 1:00:00 PM
HB 9
HB 9 Amendment U.9.pdf HRES 2/10/2012 1:00:00 PM
HB 9
HB 9 Amendment U.7 - Feige.pdf HRES 2/10/2012 1:00:00 PM
HB 9
HB 9 Amendment U.10.pdf HRES 2/10/2012 1:00:00 PM
HB 9
HB 9 ANGDA conditional ROW value.pdf HRES 2/10/2012 1:00:00 PM
HB 9 public comment.pdf HRES 2/10/2012 1:00:00 PM