Legislature(2007 - 2008)SENATE FINANCE 532

07/29/2008 01:00 PM Senate SENATE SPECIAL COMMITTEE ON ENERGY


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01:13:18 PM Start
01:14:13 PM SB3001|| HB3001
04:07:28 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB3001 APPROVING AGIA LICENSE TELECONFERENCED
Heard & Held
+= HB3001 APPROVING AGIA LICENSE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
                 SB 3001-APPROVING AGIA LICENSE                                                                             
                 HB 3001-APPROVING AGIA LICENSE                                                                             
                                                                                                                              
CHAIR HUGGINS announced the consideration  of SB 3001 and HB 3001                                                               
(EFD FLD)  and said that  today the committee would  address what                                                               
he  called  "policing" items.  He  asked  Commissioner Galvin  to                                                               
review  the bidding  and how  the  concept for  the $500  million                                                               
matching contribution evolved.                                                                                                  
                                                                                                                                
1:14:13 PM                                                                                                                    
PATRICK  GALVIN, Commissioner,  Department of  Revenue, explained                                                               
that the $500  million matching contribution is  the primary AGIA                                                               
inducement to  attract applications  that would meet  the state's                                                               
"must  haves."   Regulations  have   been  developed   to  define                                                               
qualified   expenditures  and   as  the   project  proceeds   and                                                               
expenditures  are made,  the licensee  will submit  those to  the                                                               
Department of Revenue for review.  If the expenditures are deemed                                                               
qualified,  a  percentage  payment  will be  made  based  on  the                                                               
particular time of the project and up to the $500 million limit.                                                                
                                                                                                                                
CHAIR  HUGGINS  asked  him  to provide  information  on  the  two                                                               
reimbursement plateaus.                                                                                                         
                                                                                                                                
COMMISSIONER  GALVIN explained  that  reimbursement is  basically                                                               
50/50 up  to an open  season; after an open  season reimbursement                                                               
becomes 90 percent  state and 10 percent  licensee until reaching                                                               
either the $500 million total or FERC certification.                                                                            
                                                                                                                                
CHAIR HUGGINS asked  if his recollection is  accurate, that there                                                               
is  legislation  for  an  additional  $6.2  million  to  look  at                                                               
financing attractive open seasons.                                                                                              
                                                                                                                                
COMMISSIONER GALVIN  replied there is  a $15 million  request for                                                               
the  departments  of natural  resources,  revenue,  law, and  the                                                               
governor's office.  One component of  that is to look  at changes                                                               
the state has to make to  ensure a successful open season, but no                                                               
dollar figure has  been tied to that particular  component of the                                                               
"task list."                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  questioned why  the reimbursement  split increases                                                               
from 50/50 to 90/10 after an open season.                                                                                       
                                                                                                                                
COMMISSIONER GALVIN replied that the  AGIA statute provides for a                                                               
contribution of  up to 50  percent leading  up to an  open season                                                               
and up to  90 percent following an open  season. Applicants could                                                               
include  a state  matching  contribution rate  as  part of  their                                                               
application. The  TransCanada Alaska application  specified 50/50                                                               
up to an open season and 90/10 after an open season.                                                                            
                                                                                                                                
1:17:42 PM                                                                                                                    
CHAIR HUGGINS  clarified that he's  trying to make  sure everyone                                                               
grasps the concept of why the reimbursement would change.                                                                       
                                                                                                                                
COMMISSIONER  GALVIN related  that when  the bill  was originally                                                               
introduced the  reimbursement was  50/50 throughout and  a number                                                               
of  potential   applicants  expressed  concern  about   the  risk                                                               
associated with  advancing the project past  an unsuccessful open                                                               
season. Although it would be  to the state's advantage to advance                                                               
the  project  beyond an  unsuccessful  open  season, it  wouldn't                                                               
necessarily be in  the licensee's and best  business interest. To                                                               
attract  an  applicant  willing   to  make  the  commitment,  the                                                               
statutory rational was  that it was appropriate for  the state to                                                               
increase  its matching  contribution past  an open  season -  the                                                               
more risky portion of the project.                                                                                              
                                                                                                                                
1:18:53 PM                                                                                                                    
CHAIR HUGGINS  observed that the trigger  assumes an unsuccessful                                                               
open season and  after that time the  reimbursement rate ratchets                                                               
up to 90 percent.                                                                                                               
                                                                                                                                
COMMISSIONER  GALVIN said  that was  the statutory  rationale but                                                               
the  TransCanada  application  did   not  distinguish  between  a                                                               
successful  and   unsuccessful  open  season.   The  contribution                                                               
increases in either case, up to the $500 million total.                                                                         
                                                                                                                                
CHAIR HUGGINS asked which is binding: the application or AGIA.                                                                  
                                                                                                                                
COMMISSIONER GALVIN replied that the  AGIA statute is silent with                                                               
respect  to whether  the open  season  is successful  or not.  It                                                               
states, "After  the open season  the applicant could  propose, in                                                               
their application, a  greater matching contribution." TransCanada                                                               
chose  to  increase the  match  and  not  condition it  upon  the                                                               
outcome of the open season.                                                                                                     
                                                                                                                                
1:20:03 PM                                                                                                                    
CHAIR  HUGGINS asked  what parties  brought forward  the idea  to                                                               
increase the contribution up to 90 percent.                                                                                     
                                                                                                                                
COMMISSIONER GALVIN  said the discussion  proceeded in  steps. He                                                               
recalled from a year ago, that  initially there was a 50/50 match                                                               
throughout  the  entire process.  Early  on  there was  testimony                                                               
about the perceived  risk associated with moving  beyond the open                                                               
season  and  so  an  earlier   committee  increased  the  [state]                                                               
contribution up to 80 percent.                                                                                                  
                                                                                                                                
Senator Elton joined the committee.                                                                                             
                                                                                                                                
CHAIR HUGGINS asked  the source of the amendment  to increase the                                                               
match to 80  percent. "Who brought that forward -  not the person                                                               
but the initiative?"                                                                                                            
                                                                                                                                
COMMISSIONER  GALVIN   answered  that  he  didn't   recall  if  a                                                               
committee  substitute was  submitted or  a particular  legislator                                                               
brought an amendment forward.                                                                                                   
                                                                                                                                
CHAIR  HUGGINS  asked  if  it  was  brought  forward  by  someone                                                               
sponsoring  the  administration's  position,  or  a  legislator's                                                               
initiative.                                                                                                                     
                                                                                                                                
COMMISSIONER  GALVIN   said  it  was  both;   The  administration                                                               
supported the  amendment but the  legislators would have  to have                                                               
supported it as well in order  for it to pass. The administration                                                               
worked  with   the  legislature  throughout  and   supported  the                                                               
increase from 50 percent to 80 percent and then to 90 percent.                                                                  
                                                                                                                                
CHAIR HUGGINS  said he assumes  that legislators did not  talk to                                                               
pipeline companies and  other people who might  have an interest.                                                               
"There  has  to be  some  intermediary  in there  someplace  that                                                               
brings forward the  concept of 50 percent is  not adequate, hence                                                               
we go to 80 percent."                                                                                                           
                                                                                                                                
COMMISSIONER GALVIN disagreed.  He said he believes  there were a                                                               
number of  potential pipeline applicants that  talked directly to                                                               
legislators about  their concerns  and suggested changes  to make                                                               
participation more attractive.                                                                                                  
                                                                                                                                
CHAIR  HUGGINS  asked  what companies  were  present  other  than                                                               
Enbridge and TransCanada.                                                                                                       
                                                                                                                                
COMMISSIONER  GALVIN named  MidAmerican,  BG  and the  producers.                                                               
They all participated in the  legislative process at the hearings                                                               
and had  individual discussions with both  the administration and                                                               
legislators.                                                                                                                    
                                                                                                                                
1:23:12 PM                                                                                                                    
CHAIR  HUGGINS   asked  him  to  address   how  the  contribution                                                               
increased from 80 percent to 90 percent.                                                                                        
                                                                                                                                
COMMISSIONER GALVIN  said it  was primarily  the administration's                                                               
request because  pipeline companies continued to  be reluctant to                                                               
proceed  past an  unsuccessful  open  season. The  administration                                                               
felt that rather than eliminating  that key requirement, it would                                                               
be  more appropriate  to increase  the  state match  in order  to                                                               
encourage applicants to commit.                                                                                                 
                                                                                                                                
1:24:14 PM                                                                                                                    
CHAIR  HUGGINS  recalled reading  somewhere  that  the match  was                                                               
increased to 90 percent primarily for TransCanada.                                                                              
                                                                                                                                
COMMISSIONER GALVIN  said he didn't recall  that. TransCanada was                                                               
interested in eliminating the entire  obligation to go beyond the                                                               
open season.  He clarified  that it  was a  process in  which the                                                               
administration and  the legislature  had to  identify how  far to                                                               
push in order to attract  applicants. None of the applicants said                                                               
they would participate under  certain conditions. TransCanada, in                                                               
particular, stated  reluctance about  participating in  a process                                                               
that   required  going   beyond  an   unsuccessful  season.   The                                                               
administration  decided  to  alter  the  state  match  to  induce                                                               
reluctant pipeline companies  to take on that  obligation. "At no                                                               
point did  any of the  companies, TransCanada included,  say that                                                               
if you bring it to 90 percent we're in."                                                                                        
                                                                                                                                
1:25:47 PM                                                                                                                    
SENATOR STEDMAN said  he remembers that through  the AGIA process                                                               
there was a lot of talk  about how to move beyond an unsuccessful                                                               
open  season  and  encourage  a  company  to  go  on  to  a  FERC                                                               
certificate. He did not recall the  intent of AGIA being that the                                                               
state would  continue a reimbursement process  after a successful                                                               
open season.  At that  point the risk  exposure to  the applicant                                                               
would have gone down substantially.  He asked, "Why would we want                                                               
to  breach  what  I  recall  is the  intent  of  the  legislative                                                               
process, to allow TransCanada's application to override that?"                                                                  
                                                                                                                                
1:27:02 PM                                                                                                                    
COMMISSIONER GALVIN  responded that  it would  not be  correct to                                                               
say the  legislative process determined the  state's contribution                                                               
should go down  or be eliminated after a  successful open season.                                                               
Discussion did focus  on the implication of  an unsuccessful open                                                               
season  and that  is the  primary  reason for  increasing in  the                                                               
incentive; but most of the  committee discussion was silent about                                                               
what the state's  contribution should be after  a successful open                                                               
season.  He  agreed with  the  statement  that  the risk  to  the                                                               
pipeline goes  down with a  successful open season but,  he said,                                                               
this is  the application we  have and  it is consistent  with the                                                               
statute.                                                                                                                        
                                                                                                                                
SENATOR  STEDMAN  asked   what  the  outcome  would   be  if  the                                                               
TransCanada application had been silent on that point.                                                                          
                                                                                                                                
COMMISSIONER  GALVIN replied  their  application  could not  have                                                               
been silent. The  statute says that the  application is obligated                                                               
to state  what the contribution  rate will  be "up to"  a certain                                                               
amount. "Their application was 50  [percent state match] and then                                                               
to 90 [percent state match]."                                                                                                   
                                                                                                                                
1:28:55 PM                                                                                                                    
SENATOR STEDMAN said he understands  the unsuccessful open season                                                               
process, but  the successful process is  counterintuitive to what                                                               
he recalls the legislature was  attempting to accomplish with the                                                               
$500  million subsidy.  He recalled  that the  intent was  not to                                                               
expense  the  entire $500  million;  the  intent  was to  have  a                                                               
successful open  season, minimize  impact on  the state  and move                                                               
forward toward construction of the pipeline.                                                                                    
                                                                                                                                
1:29:24 PM                                                                                                                    
COMMISSIONER  GALVIN  reiterated that  there  was  not a  lot  of                                                               
legislative  discussion about  the  impact of  a successful  open                                                               
season;  but a  successful open  season means  that the  state is                                                               
contributing to a project that  has a high likelihood of success.                                                               
The  economic analysis  indicates  it is  a favorable  investment                                                               
opportunity  in  the  sense that  the  state  contributions  will                                                               
provide a significant  return in the form of  increased taxes and                                                               
royalties because of the impact  that the contribution has on the                                                               
tariff. Although the  discussion did not take place,  it can't be                                                               
concluded at  this point that  it wouldn't  have been seen  as an                                                               
appropriate  role for  the state  to contribute  to lowering  the                                                               
tariffs of a project that is now even more likely to succeed.                                                                   
                                                                                                                                
1:30:29 PM                                                                                                                    
SENATOR  MCGUIRE  asked whether,  since  the  percentage was  not                                                               
specified after  a successful open  season, the state  could have                                                               
paid 100 percent.                                                                                                               
                                                                                                                                
COMMISSIONER  GALVIN replied  that the  statute said  the state's                                                               
contribution was  up to 50 percent  before an open season  and up                                                               
to  90  percent  after  an  open  season.  The  statute  did  not                                                               
distinguish between a successful  and an unsuccessful open season                                                               
because, in part, there is  no globally accepted definition for a                                                               
successful or  an unsuccessful  open season.  Whether or  not the                                                               
commitments are sufficient  to consider an open  season a success                                                               
depends on  a myriad of  potential interpretations. "The  idea of                                                               
actually  trying  to define  within  the  statute what  would  be                                                               
considered  a   successful  or   unsuccessful  open   season  was                                                               
something that we didn't feel was necessary."                                                                                   
                                                                                                                                
1:32:23 PM                                                                                                                    
SENATOR  MCGUIRE agreed  with Senator  Stedman. She  recalled the                                                               
committee  discussed  what  the  percentage  would  be  after  an                                                               
unsuccessful  open season  and that  was to  reflect the  risk of                                                               
asking a pipeline company to  proceed without FT commitments. She                                                               
said it  is a shock  to some members that  the state would  pay a                                                               
90/10 split after  a successful open season.  She understands the                                                               
difficulty in defining a successful  open season, but she wonders                                                               
if this doesn't go to  her original point about synthesizing this                                                               
into a contract.  The specific point is that when  AGIA is set up                                                               
as a structure,  bids come back that have  unanticipated gaps. "I                                                               
can pretty much guarantee that  the votes in this committee would                                                               
be against giving  a 90/10 reimbursement after  a successful open                                                               
season." The committee  reflected on this for a  month and didn't                                                               
see  that,  she  said.  That's  the  problem  with  dealing  with                                                               
something  so   complex  and  it's   led  to  an   almost  absurd                                                               
consequence. "I  don't blame  TransCanada at  all." It's  a great                                                               
business practice, but is a  concern because it wasn't the intent                                                               
and the  people of  Alaska probably  wouldn't be  supportive. She                                                               
asked  if this  makes  him  think about  the  need to  synthesize                                                               
everything  and  put   it  into  terms  that   are  concrete  and                                                               
understandable.                                                                                                                 
                                                                                                                                
1:35:11 PM                                                                                                                    
COMMISSIONER  GALVIN said  the  administration strongly  believes                                                               
that the  agreement between  the state  and TransCanada  is clear                                                               
with regard  to what TransCanada's  obligations are to  the state                                                               
and  what   the  state's  obligations  are   to  TransCanada.  He                                                               
suggested that  she was  not concerned about  a lack  of clarity;                                                               
she wanted to  renegotiate the terms after a year  had passed and                                                               
the process had played out.                                                                                                     
                                                                                                                                
SENATOR MCGUIRE  said she  meant "clarify"  because there  are 60                                                               
different views on how to interpret the statute.                                                                                
                                                                                                                                
COMMISSIONER GALVIN  thought what Senator McGuire  was getting at                                                               
was  whether or  not  the application  reflects  the statute.  He                                                               
believed there was  full recognition that the  state was offering                                                               
up to  $500 million. That  was the price  on the table  and there                                                               
was little, if any, discussion  about creating an off-ramp so the                                                               
state could  get out of the  contribution if the project  were to                                                               
get "legs."  The expectation was that  the state would put  out a                                                               
proposal  with an  offer of  $500 million  and allow  a sense  of                                                               
competition between  projects to be  the driver as to  whether or                                                               
not any  of those projects  would leave  money on the  table. The                                                               
discussion was whether an applicant  would give their application                                                               
a leg  up by deciding that  if they had a  successful open season                                                               
they would  forgo part  of the  match. That  was not  a statutory                                                               
requirement;  the  applicants were  allowed  to  dictate at  what                                                               
point the contribution would increase  and at what point it would                                                               
go down.                                                                                                                        
                                                                                                                                
COMMISSIONER  GALVIN said  TransCanada  made  a proposal  through                                                               
this process,  and now a  number of legislators have  expressed a                                                               
desire to  renegotiate. That  isn't how the  process was  set up;                                                               
the process  is that  a company  makes an  application and  it is                                                               
either  accepted or  rejected. "I  don't think  that the  idea of                                                               
moving to a contract resolves that  unless the intent is to go to                                                               
a   contract  and   basically   renegotiate   these  terms   with                                                               
TransCanada  and  negotiate  things   out  that  we  had  offered                                                               
originally."                                                                                                                    
                                                                                                                                
1:39:23 PM                                                                                                                    
SENATOR MCGUIRE said she is  trying to highlight the feeling that                                                               
this process is  slightly absurd. "We know  that TransCanada will                                                               
be  a part  of building  a gas  pipeline. We  know they  have the                                                               
right-of-way.  They're good  people; they're  good partners"  she                                                               
said.  But the  legislature  is not  all-seeing and  all-knowing;                                                               
that is  why the legislative process  is dynamic - why  there are                                                               
amendments, committee  substitutes and two bodies.  The idea that                                                               
at one moment  in time the legislature could  think of everything                                                               
that has to  be considered and lock into a  position feels wrong.                                                               
At some  points this feels  absurd because there are  things that                                                               
wouldn't  benefit  the state  -  things  like paying  someone  90                                                               
percent  of their  reimbursable costs  when they  clearly have  a                                                               
successful open  season and the  project is moving  forward. "And                                                               
we're going to be paying that  because we just didn't think of it                                                               
and that's just the way it is."                                                                                                 
                                                                                                                                
1:41:00 PM                                                                                                                    
COMMISSIONER  GALVIN suggested  that  to say  the  state will  be                                                               
paying  just  because  they  didn't  think of  it  sooner  is  an                                                               
overstatement. He continued:                                                                                                    
                                                                                                                                
     If we had thought of it  a year ago, we would have gone                                                                    
     down  into  the  hole  of  can  we  define  what  is  a                                                                    
     successful  or  an  unsuccessful  open  season  and  we                                                                    
     probably would have thrown up  our hands at some point.                                                                    
     … If the  ultimate goal is to get a  pipeline and if we                                                                    
     recognize   that  the   pipeline's  going   to  provide                                                                    
     tremendous benefit  to the  state -  and the  fact that                                                                    
     the state is contributing to  that is going to pay back                                                                    
     that  contribution as  well -  I think  that it's  very                                                                    
     likely that  we would have reached  the same conclusion                                                                    
     in the end, which was  to allow the application process                                                                    
     to define whether  or not there's going to  be a change                                                                    
     in the state's contribution.                                                                                               
                                                                                                                                
     When you go  back to the global position  that you were                                                                    
     taking  when  you  were talking  about  your  perceived                                                                    
     absurdity about  this process, one  of the  things that                                                                    
     we're going to  go through as we  advance this gasline,                                                                    
     is the  entire process  is one of  taking one  step and                                                                    
     collecting information that we  have at that particular                                                                    
     time and  making the  best decision  we can  based upon                                                                    
     the information  we had then  about what the  next step                                                                    
     is,  recognizing  that at  that  point  we're going  to                                                                    
     collect information and reassess  and then make another                                                                    
     step.                                                                                                                      
                                                                                                                                
     And  to expect  that we're  going to,  again, like  you                                                                    
     said, be  able to look  into our crystal ball  and know                                                                    
     where the  end point is  going to be  and strategically                                                                    
     position   ourselves  all   the  way   through  is   an                                                                    
     unrealistic  expectation. All  we  can do  is make  the                                                                    
     best decision that we can  with the information we have                                                                    
     before us at that time.  The decision that we made last                                                                    
     year with regard to what  the parameters of AGIA should                                                                    
     be were based  upon the best information we  had at the                                                                    
     time with regard to the  competitive nature of what was                                                                    
     going  to  drive  people  to  ultimately  take  up  the                                                                    
     state's opportunity that we present  in there, and what                                                                    
     was the  best balance  for the state  in terms  of what                                                                    
     we're going to give, from what we're going to get.                                                                         
                                                                                                                                
     This  year we  have a  discussion about,  and I  accept                                                                    
     that the  discussion has been  twofold: whether  or not                                                                    
     this  is  the  right  thing to  move  ahead,  and  then                                                                    
     looking  back and  saying is  there  something that  we                                                                    
     should  have  done  differently a  year  ago.  I  would                                                                    
     suggest  that if  we continue  to  do this  as we  move                                                                    
     forward,  we're  going  to   tie  ourselves  in  knots.                                                                    
     Because every year  we advance and make  a decision, if                                                                    
     we beat ourselves  up over whether or  not the previous                                                                    
     decision  was the  right  one we're  not  going to  get                                                                    
     anywhere.                                                                                                                  
                                                                                                                                
     I'm still confident  that the decisions that  we made a                                                                    
     year ago  were the  best decisions  we could  make upon                                                                    
     the information that we had  then. And there was no way                                                                    
     that we  were going to  anticipate where we  were going                                                                    
     to be today.                                                                                                               
                                                                                                                                
     But  the next  question goes  to  where do  we go  from                                                                    
     here. Do we go from  here with an AGIA licensed project                                                                    
     or not? Now  I guess I will somewhat  disagree with the                                                                    
     premise of  your question  when you  said we  know that                                                                    
     TransCanada  is going  to be  part of  this project.  I                                                                    
     don't think we know that for  sure at all. I thing that                                                                    
     there are  a number of  factors that are going  to play                                                                    
     out  as  this project  moves  forward  that's going  to                                                                    
     dictate that one way or  the other. And there are going                                                                    
     to  be  commercial  decisions that  are  made  among  a                                                                    
     variety of  players that's going to  end up influencing                                                                    
     that. And  the state, as  a commercial player  in this,                                                                    
     is going to have a role in how that shakes out.                                                                            
                                                                                                                                
     1:44:36 PM                                                                                                               
     Now, when  we look at  what our options are  right now,                                                                    
     we have  to make  the best decision  that we  can based                                                                    
     upon  the information  that we  have  today. And  based                                                                    
     upon that,  we look  at… OK what's  the scenario  if we                                                                    
     are  going forward  without an  AGIA licensed  project.                                                                    
     What's  the situation  we find  ourselves in?  Granted,                                                                    
     ideally we'd like to see  the producers and TransCanada                                                                    
     get  together   and  form  a   project  that   ends  up                                                                    
     benefitting both them and the state.                                                                                       
                                                                                                                                
SENATOR MCGUIRE asked what efforts  the state made on that point.                                                               
She felt this  is a very cutthroat, high-risk way  to cut a deal.                                                               
Many of the  people at the table might vote  no and still support                                                               
a gas line; it's just a question of how to get there.                                                                           
                                                                                                                                
1:46:05 PM                                                                                                                    
SENATOR  MCGUIRE said  she  had two  final  questions. She  asked                                                               
first  what  the  administration   would  have  done  if  another                                                               
application had  stated that  the 90/10 would  apply only  in the                                                               
event  of an  unsuccessful  open season;  and  second, what  this                                                               
administration,  the   Department  of  Revenue  (DOR),   and  the                                                               
Department of  Natural Resources (DNR)  had done to try  to bring                                                               
the parties into alignment prior to taking this route.                                                                          
                                                                                                                                
1:47:07 PM                                                                                                                    
COMMISSIONER  GALVIN explained  that in  the first  instance they                                                               
would look  at the evaluation  criteria in statute, which  is net                                                               
present value to  the state and likelihood of success.  It is not                                                               
possible to  evaluate the likelihood  of success  without knowing                                                               
who  the other  applicant is,  but evaluating  net present  value                                                               
would be  a matter  of looking  at the  overall economics  of the                                                               
project. Under  a scenario  where net present  value is  the same                                                               
for the  two projects, it  would be a  toss-up as to  whether the                                                               
state's  net present  value  would be  improved  by dropping  the                                                               
state contribution after a successful  open season. "I think that                                                               
without any other adjustment the  answer would be no, because our                                                               
analysis has shown  that the state contributing to  the costs and                                                               
having  those  reduce the  tariff  ends  up  paying us  back  and                                                               
increasing  our net  present value  by  $200 million  out of  the                                                               
$500."  If  the  applicant  dropped the  state  contribution  and                                                               
instead put  its own  equity in, that  might increase  the tariff                                                               
and reduce  the state's  net present  value. So  it's not  at all                                                               
clear  that  a project  that  foregoes  the state's  contribution                                                               
after a  successful open  season would come  out higher  under an                                                               
analysis that follows the statutory parameters.                                                                                 
                                                                                                                                
COMMISSIONER  GALVIN turned  to  the second  question and  stated                                                               
that before  a license is  granted it would be  inappropriate for                                                               
the  state  to  try  to  bring the  producers  to  a  TransCanada                                                               
project. However,  discussions regarding what the  producers need                                                               
to  advance their  project  are  ongoing and  tend  to center  on                                                               
fiscal certainty, the  terms for taxes and  the judiciary system.                                                               
He  admitted that  from  the  administration's perspective  those                                                               
discussions  are  going  nowhere;  but having  a  project  that's                                                               
moving ahead  allows the state  to have those discussions  in the                                                               
context  of actual  project economics  as  opposed to  subjective                                                               
numbers.                                                                                                                        
                                                                                                                                
1:51:34 PM                                                                                                                    
SENATOR MCGUIRE opined that people don't  like to be boxed into a                                                               
position. From  her perspective the  state is using  force rather                                                               
than bringing people into a process  that they feel a part of. "I                                                               
see a  reserves tax and I  see litigation and I  see quagmire and                                                               
opportunity costs  for this  state and the  people in  this state                                                               
who need these  jobs and need this gas." She  said she's tried to                                                               
see  things the  way  he's  describing, but  they  could go  very                                                               
differently and lock the state up for a decade.                                                                                 
                                                                                                                                
1:52:54 PM                                                                                                                    
COMMISSIONER  GALVIN referenced  her earlier  comment about  this                                                               
being  a cut-throat  business and  pointed out  that the  idea of                                                               
taking  a commercial  position that's  to your  advantage over  a                                                               
competing party is a way of  life. The state isn't doing anything                                                               
in  this effort  that another  commercial player  wouldn't do  if                                                               
they had more  than one option to develop  their resource. "We're                                                               
not  backing them  into a  corner; we're  not putting  them in  a                                                               
position where  they're going to react  emotionally because these                                                               
companies don't react emotionally to these things."                                                                             
                                                                                                                                
SENATOR MCGUIRE  clarified that her  point is that  the producers                                                               
have  options about  where to  put their  gas. "You  just have  a                                                               
pipeline builder; you've got to have the gas."                                                                                  
                                                                                                                                
1:54:17 PM                                                                                                                    
COMMISSIONER GALVIN agreed  that it's been about  getting the gas                                                               
from the  very beginning. The  producers have to make  a decision                                                               
about  where to  put  their  gas in  any  event, because  they're                                                               
obligated to develop the gas when  it is marketable. The state is                                                               
presenting  a  path for  doing  that;  but  they could  choose  a                                                               
different path without state concessions.  What they cannot do is                                                               
to move  on to somewhere  else in the  world and do  nothing with                                                               
Alaska gas. Waiting  is no longer going to be  an option if there                                                               
is  a  pipeline  company  with an  economic  project  willing  to                                                               
develop it. These are serious  business people, he said, who will                                                               
do  what  is  best  for  their companies.  The  state  is  simply                                                               
providing motivation so they will move  in a direction that is in                                                               
the state's interest.                                                                                                           
                                                                                                                                
1:55:59 PM                                                                                                                    
CHAIR  HUGGINS  stated that  this  is  an important  conversation                                                               
because  a number  of  constituents do  not  understand the  $500                                                               
million. He  said he hasn't  been able  to embrace the  idea, but                                                               
hopefully this will give them a better grasp of it.                                                                             
                                                                                                                                
1:56:33 PM                                                                                                                    
SENATOR THOMAS stated the belief  that the AGIA process has moved                                                               
things forward dramatically. In fact,  over the last seven months                                                               
two of  the three  producers have  a precertification  before the                                                               
FERC. With that in mind, he  asked, how much would TransCanada be                                                               
able to  claim under  treble damages if  the license  were issued                                                               
and then  in August  2009 the state  saw potential  for something                                                               
else to take  place? If the state and TransCanada  had each spent                                                               
$25 million, what  would be the total  payments TransCanada could                                                               
claim  against  the state  if  it  decided  to assist  the  other                                                               
project?                                                                                                                        
                                                                                                                                
1:58:45 PM                                                                                                                    
COMMISSIONER  GALVIN said,  based  on those  figures, the  treble                                                               
damages would be $75 million.                                                                                                   
                                                                                                                                
1:59:20 PM                                                                                                                    
SENATOR  STEDMAN asked  Commissioner Galvin  why the  legislature                                                               
would not  go back and  clarify this if the  legislature's intent                                                               
was not to give reimbursements after a successful open season.                                                                  
                                                                                                                                
2:00:36 PM                                                                                                                    
COMMISSIONER   GALVIN  explained   that  the   state  created   a                                                               
competitive process  to create a contractual  relationship, which                                                               
is not subject to amendment by  the legislative process. If it is                                                               
determined that a contribution after  a successful open season is                                                               
inconsistent with statute, that would  go back to the legality of                                                               
the license itself.                                                                                                             
                                                                                                                                
2:01:53 PM                                                                                                                    
SENATOR STEDMAN clarified  that the question was  not the statute                                                               
but the intent of the legislature.                                                                                              
                                                                                                                                
2:02:33 PM                                                                                                                    
COMMISSIONER  GALVIN   said  the  scenario  Senator   Stedman  is                                                               
painting is one  in which the legislative  intent contradicts the                                                               
statute. He  said he doesn't know  where to go with  that. If the                                                               
conclusion  at this  time is  that the  statute does  not reflect                                                               
what the  legislature wanted it  to, then the legislature  has to                                                               
decide the ramifications of going back and amending it.                                                                         
                                                                                                                                
2:03:11 PM                                                                                                                    
SENATOR STEDMAN asked if he'd had  the opportunity to go back and                                                               
check the record  of the resources and Finance  Committees to see                                                               
what the intent was.                                                                                                            
                                                                                                                                
COMMISSIONER GALVIN  answered that  he's had no  reason to  do so                                                               
because  the  statute is  clear.  Usually  legislative intent  is                                                               
relevant when there is an ambiguity  in a statute. When the clear                                                               
language  of the  statute reads  a particular  way, they  usually                                                               
accept that the language means what it says.                                                                                    
                                                                                                                                
2:03:37 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  he thinks  it's reasonable  to assume                                                               
the producers  will commit  their gas to  their own  pipeline. He                                                               
asked if Commissioner Galvin agrees with that.                                                                                  
                                                                                                                                
COMMISSIONER GALVIN "Not necessarily."                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  asked why  he didn't believe  they'd commit                                                               
to their own pipeline.                                                                                                          
                                                                                                                                
COMMISSIONER GALVIN  thought there  would be  a number  of issues                                                               
associated with the  decision and they would commit  their gas to                                                               
the project with  the best combination of  economic and strategic                                                               
values to  them and the best  likelihood of success. He  said the                                                               
administration believes,  with the AGIA license  for TransCanada,                                                               
they will be able to  provide an extremely attractive opportunity                                                               
for the producers to commit their gas to the TransCanada line.                                                                  
                                                                                                                                
2:05:24 PM                                                                                                                    
SENATOR WIELECHOWSKI continued, "Let's  assume there are two open                                                               
seasons and Denali does have  significantly lower tariffs. Is the                                                               
state forced to move ahead with TransCanada?"                                                                                   
                                                                                                                                
COMMISSIONER  GALVIN  countered  that  the  question  is  whether                                                               
TransCanada would want to move ahead.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  asked where  the legislature would  go next                                                               
if they deny the license.                                                                                                       
                                                                                                                                
2:07:07 PM                                                                                                                    
COMMISSIONER GALVIN  admitted plan  B isn't very  palatable. They                                                               
would have to choose between  going forward with discussions with                                                               
the Denali  project, which would  basically put them back  in the                                                               
same dynamic  as stranded gas  development when the state  had no                                                               
leverage. Or  they would have  to go with the  all-Alaska option,                                                               
which would  subject the state  to tremendous risks  because they                                                               
don't  have  the  gas  or  any expectation  they  could  get  gas                                                               
committed  to an  LNG  project. That  is  an extremely  high-risk                                                               
venture, to  believe that "if you  build it, they will  come" and                                                               
it isn't a direction they feel is prudent.                                                                                      
                                                                                                                                
2:08:36 PM                                                                                                                    
CHAIR HUGGINS  contended it isn't  the same as stranded  gas; the                                                               
difference is the price of gas.                                                                                                 
                                                                                                                                
2:09:38 PM                                                                                                                    
COMMISSIONER  GALVIN  disagreed  that things  have  changed  that                                                               
dramatically.  The issue  is what  options are  available to  the                                                               
state.                                                                                                                          
                                                                                                                                
2:10:31 PM                                                                                                                    
SENATOR DYSON  asked, if  the legislature  now realizes  that the                                                               
intent of the law  they passed a year ago was  not clear and they                                                               
went back  and modified it,  would any  of the applicants  have a                                                               
cause of  action against the  state for  the time and  money they                                                               
spent preparing  their response to  the RFP as it  was originally                                                               
put out?                                                                                                                        
                                                                                                                                
2:11:38 PM                                                                                                                    
COMMISSIONER  GALVIN  did not  want  to  speculate on  that;  the                                                               
question is one  of good faith. If the committee  now changes the                                                               
terms,  they will  basically cast  aside the  competitive process                                                               
the administration  has gone through  over the last 9  months, in                                                               
which case  is probably cleaner  to just  vote no on  the license                                                               
and do something different later on.                                                                                            
                                                                                                                                
2:12:51 PM                                                                                                                    
CHAIR HUGGINS  referred to Commissioner Galvin's  term "reluctant                                                               
partner"  to describe  why the  state agreed  to give  90 percent                                                               
after a failed open season.                                                                                                     
                                                                                                                                
COMMISSIONER GALVIN did not recall using that term.                                                                             
                                                                                                                                
CHAIR HUGGINS  agreed that  he might not  have, but  continued to                                                               
say  that all  of  the conversation  he has  heard  about the  90                                                               
percent  was with  regard to  a failed  open season.  He reminded                                                               
Commissioner Galvin  that he  had said the  statute is  silent on                                                               
the issue  of a  successful open  season and  whether or  not the                                                               
state  would  continue  to   reimburse,  and  that  TransCanada's                                                               
application specified  continuation of the reimbursement.  If the                                                               
statute is  silent, he  said, why would  the legislature  want to                                                               
continue to  reimburse a  partner that  is no  longer "reluctant"                                                               
for a project  that is clearly economic instead  of spending that                                                               
money elsewhere?                                                                                                                
                                                                                                                                
2:15:18 PM                                                                                                                    
COMMISSIONER GALVIN answered  that it would be ironic  to go back                                                               
to  your  constituents and  say  you  voted against  the  license                                                               
because  you were  afraid it  would be  successful. He  said that                                                               
seemed to  be what Chair Huggins  was saying, that he  was afraid                                                               
TransCanada  would  actually get  the  gas  and the  state  would                                                               
continue  to  contribute  to  them,  recognizing  that  it  would                                                               
actually increase the value to the state.                                                                                       
                                                                                                                                
2:15:55 PM                                                                                                                    
CHAIR  HUGGINS interrupted  that he  did not  say anything  about                                                               
voting against  the license;  he was  talking about  modifying or                                                               
clarifying  the license.  Since the  statute is  silent regarding                                                               
the  success of  the open  season,  the legislature  will have  a                                                               
voice in it.                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said Senator Huggins can  characterize it as                                                               
he wants; the  bottom line is that the statute  says an applicant                                                               
can apply  for a matching contribution  that is up to  50 percent                                                               
before an open season and up  to 90 percent after an open season.                                                               
There  was a  lot of  discussion about  this and  the legislature                                                               
clearly  had the  opportunity  to make  a  distinction between  a                                                               
successful and  an unsuccessful open  season. They did  not. They                                                               
said the  applicant could determine  the contribution  rate after                                                               
an open  season. To say now  that the legislature is  going to go                                                               
back  and modify  that is  to say  they don't  like the  deal the                                                               
state  struck  and  are  going   to  cast  aside  the  TC  Alaska                                                               
application  and do  something  different at  some  point in  the                                                               
future.  In the  end, it  would come  down to  the fact  that the                                                               
legislature  was afraid  TransCanada was  going to  be successful                                                               
and  actually  get  gas  and  they didn't  want  to  continue  to                                                               
contribute to  their project  if it  was successful.  Frankly, he                                                               
said, he doesn't  think that is in the state's  interests. If the                                                               
project is successful, it is a good investment.                                                                                 
                                                                                                                                
2:18:41 PM                                                                                                                    
CHAIR HUGGINS called a 10 minute break.                                                                                         
                                                                                                                                
CHAIR HUGGINS called the meeting back to order at 2:32:45 PM.                                                                 
                                                                                                                                
2:33:11 PM                                                                                                                    
DONALD   BULLOCK,  Attorney,   Legislative  Legal   and  Research                                                               
Services  and  lead drafter  on  AGIA,  commented on  legislative                                                               
intent  with regard  to the  $500  million and  what options  are                                                               
available  to  the legislature.  He  said  that the  clearer  the                                                               
language in  the statute,  the greater the  burden to  prove that                                                               
legislative  intent was  something else.  The $500  million, from                                                               
the administration's  standpoint, was  clearly intended to  be an                                                               
investment  that would  reduce the  tariff; so  the amount  had a                                                               
purpose in itself,  regardless of how it was paid  out. The issue                                                               
of how it  would be paid out  defined two periods; one  was on or                                                               
before the close of the first  binding open season and the second                                                               
was after  the first  binding open season.  Those are  both clear                                                               
points and  neither term contains  any mention of  a "successful"                                                               
open  season.  The  payments are  not  discretionary,  the  state                                                               
"shall" reimburse,  not "may"  reimburse. As  far as  the maximum                                                               
amount,  in 43.90.130  (9), among  the "must  haves" it  said the                                                               
applicant shall propose a percentage  and the total dollar amount                                                               
for the  state's reimbursement.  It is not  simply a  question of                                                               
whether or not the state needs  to continue to pay out the money.                                                               
So to prove  that legislative intent was  so completely different                                                               
from the letter of the law would be a challenge.                                                                                
                                                                                                                                
When the proposals went out,  everyone who looked at this project                                                               
saw  what  the  state  was  offering.  The  state  was  primarily                                                               
offering three things:                                                                                                          
   · Money to help move the project along in return for the                                                                     
     commitments the applicants make to the state;                                                                              
   · A gasline coordinator to help "grease the skids" as the                                                                    
     permit process goes forward;                                                                                               
   · The Project assurance that the state will not provide                                                                      
     inducements to another project that would endanger the gas                                                                 
     available for the licensed project.                                                                                        
                                                                                                                                
So, he said, the legislature has  to be aware of whether they are                                                               
changing  the  conditions under  which  the  offer was  made  and                                                               
whether, in negotiating  with the licensee before  them, they are                                                               
giving  that proposed  licensee a  benefit that  other applicants                                                               
might have considered at the time [they applied].                                                                               
                                                                                                                                
MR.  BULLOCK insisted  the  job of  the  legislature during  this                                                               
special session  is simple; it  is to  decide if they  agree with                                                               
the  commissioners  that  this  is  the  licensee  whose  project                                                               
maximizes the  benefits to  the people of  Alaska. If  they agree                                                               
that  the applicant  has met  every requirement  in AGIA  and yet                                                               
still doesn't  provide a project  that maximizes benefits  to the                                                               
state, then  maybe there really is  a problem with AGIA.  But the                                                               
issue right  now is whether  this project maximizes  the benefits                                                               
to  the people  of  the  state. If  it  doesn't  do that  without                                                               
additional conditions,  then perhaps the legislature  should vote                                                               
it down. If  it meets the conditions and satisfies  the intent of                                                               
AGIA, then  it would be reasonable  to vote in favor  of it. But,                                                               
he  cautioned, the  legislature needs  to compartmentalize  their                                                               
issues;  is   the  problem  with   AGIA,  or  is  it   with  this                                                               
application?                                                                                                                    
                                                                                                                                
He said  a number  of amendments  had been  offered in  the House                                                               
that  had  to  do  with putting  preconditions  on  payments  for                                                               
qualified  expenditures.  However,  AS  43.91.10  states  if  the                                                               
licensee  makes qualified  expenditures  within the  7 year  time                                                               
period  those will  be paid.  If  the payments  are withheld,  as                                                               
would be  the case  with the  indemnification amendment  that was                                                               
offered,  it  affects  the  viability  of  the  project  and  the                                                               
applicant's ability to carry forward with  it. That is one of the                                                               
issues  that was  specifically addressed  within  AGIA; not  only                                                               
whether  the  applicant  has committed  to  everything  that  was                                                               
expected in AGIA,  but whether it has the  capability to actually                                                               
carry out the project.                                                                                                          
                                                                                                                                
CHAIR  HUGGINS  asked  Commissioner  Galvin  and  Bonnie  Harris,                                                               
Department  of Law,  to  come  forward to  address  the issue  of                                                               
withdrawn partner  indemnification and any place  that is covered                                                               
in the state's "contract."                                                                                                      
                                                                                                                                
2:41:01 PM                                                                                                                    
COMMISSIONER  GALVIN  explained  that   the  issue  of  withdrawn                                                               
partners  has  two  components:   the  risk  that  any  potential                                                               
liability would be  transferred into the tariff  and increase the                                                               
shipping  rates;  and the  risk  that  a  party entering  into  a                                                               
partnership with  TC Alaska  in this  project may  somehow become                                                               
liable for  some portion  of any  liability that  is successfully                                                               
brought against TransCanada.                                                                                                    
                                                                                                                                
In response  to the  first component, the  state has  TC Alaska's                                                               
commitment  that  if  there  is   any  liability  from  withdrawn                                                               
partners, they will not attempt to  recover it in the tariff. The                                                               
administration is also confident that  the FERC would not add it,                                                               
even if  it was  somehow included in  an application.  The second                                                               
component has  been discussed in  two contexts. First  is whether                                                               
the issue  of withdrawn partners adversely  affects TransCanada's                                                               
ability to  attract partners, financing  or FT commitments  so as                                                               
to diminish a project's likelihood  of success. Second is whether                                                               
any  potential liability  is  transferred to  the  state in  this                                                               
relationship  or  in  anticipation  of  the  state  taking  on  a                                                               
different role in the future and  whether or not the state should                                                               
seek indemnification today to shield itself from that liability.                                                                
                                                                                                                                
He assured  the committee  that the  administration has  not been                                                               
advised by any  of the legal consultants that  simply executing a                                                               
license  somehow creates  exposure to  the state  with regard  to                                                               
withdrawn partners.  If the state  changed its  relationship with                                                               
TC  Alaska  and  became  an  equity  partner  or  somehow  joined                                                               
TransCanada as  an owner of this  project, then there would  be a                                                               
discussion about  withdrawn partner  liability in the  context of                                                               
the  type   of  relationship  created  and   the  indemnification                                                               
associated with that.                                                                                                           
                                                                                                                                
COMMISSIONER GALVIN reiterated that  the execution of the license                                                               
itself  does  not  create  a risk  of  liability;  therefore  the                                                               
administration  does   not  feel  it  is   necessary  to  discuss                                                               
indemnification at this time.                                                                                                   
                                                                                                                                
2:47:36 PM                                                                                                                    
BONNIE HARRIS,  Senior Assistant Attorney General,  Department of                                                               
Law, Juneau AK, advised that  her legal perspective is consistent                                                               
with Commissioner  Galvin's explanation. The Department  of Law's                                                               
research  has not  shown any  way  that issuing  a license  could                                                               
result in  a liability  to the withdrawn  partners. She  said the                                                               
idea that  by issuing  a license the  state would  somehow become                                                               
liable would be analogous to  the state issuing a drivers license                                                               
to someone to enjoy the privilege  granted by the state to drive,                                                               
and that  somehow making the  state liable for the  car payments.                                                               
There just isn't that kind of legal connection in licensing.                                                                    
                                                                                                                                
2:48:58 PM                                                                                                                    
SENATOR STEVENS  asked the commissioner  how the state  can trust                                                               
the  guarantee  that  any  liability won't  be  rolled  into  the                                                               
tariff.                                                                                                                         
                                                                                                                                
2:49:33 PM                                                                                                                    
COMMISSIONER  GALVIN answered  that as  he understands  it, there                                                               
would  have to  be  a finding  of a  liability  to the  withdrawn                                                               
partners of a subsidiary of  TransCanada and that liability would                                                               
have to  be considered to  extend to TransCanada  Corporate. That                                                               
is where the "deep pocket" is  and where the liability would most                                                               
likely rest.  The question  is whether  TransCanada could  try to                                                               
mitigate or be  reimbursed for that through the  tariff rate. The                                                               
FERC would not ask the shippers  to pay for the liability without                                                               
a request  from TransCanada;  so if the  liability were  added to                                                               
the tariff,  it would be  a breach  of the state's  contract with                                                               
TransCanada  and  TransCanada would  be  liable  for the  damages                                                               
associated with that.                                                                                                           
                                                                                                                                
2:51:12 PM                                                                                                                    
SENATOR MCGUIRE asked where that guarantee is found.                                                                            
                                                                                                                                
COMMISSIONER GALVIN replied  that it was received  on January 24,                                                               
2008 in  response to  a request  for additional  information that                                                               
was  forwarded  to TransCanada  on  January  16, 2008.  In  their                                                               
response,  TransCanada  stated  that   they  would  not  add  the                                                               
contingent  liability  into the  tariff  rate.  The response  was                                                               
signed by  the applicant and  was included in the  license itself                                                               
as  a binding  portion  of the  contract.  He read  TransCanada's                                                               
response into the record:                                                                                                       
                                                                                                                                
     In  the  highly  unlikely event  the  TransCanada  AGIA                                                                    
     applicants or  any of their affiliates  or subsidiaries                                                                    
     were to  somehow be  required to  pay an  obligation to                                                                    
     the withdrawn  partners of ANGPA, the  TransCanada AGIA                                                                    
     applicants hereby  commit not to include  such payments                                                                    
     in  the rates  for  the project  proposed  in the  AGIA                                                                    
     application. We  confirm that  this commitment  will be                                                                    
     binding on the TransCanada  AGIA applicants if they are                                                                    
     awarded the AGIA license.                                                                                                  
                                                                                                                                
2:53:03 PM                                                                                                                    
SENATOR  MCGUIRE asked  what legal  forum was  designated in  the                                                               
event of contract dispute.                                                                                                      
                                                                                                                                
COMMISSIONER GALVIN responded "Alaska State courts."                                                                            
                                                                                                                                
SENATOR MCGUIRE  observed that the legislature  could do requests                                                               
for additional  information on some  of these other  subjects. If                                                               
that  is a  method  the  administration has  used  to "shore  up"                                                               
ambiguities in the contract, she  queried, what would be the harm                                                               
in the  Senate identifying areas  of clarification that  could be                                                               
reduced to writing, signed and notarized?                                                                                       
                                                                                                                                
COMMISSIONER GALVIN explained that  the administration has looked                                                               
at that issue of requesting  additional information at this time;                                                               
the legal  problem is  that the  commissioners have  already made                                                               
their  finding and  have  found  the license  is  in the  state's                                                               
interest. So  it would not  be something  the state could  add to                                                               
the  license as  an  additional, binding  component. However  the                                                               
state  does  have  the  testimony   that  was  provided  and  the                                                               
clarifications that  were made during  this process,  which serve                                                               
to interpret  any ambiguous aspects  of the  license. TransCanada                                                               
could not  contradict an explicit  aspect of the license,  but to                                                               
the  extent  that  something  is   found  to  be  ambiguous,  the                                                               
testimony provided  will go to  clarify and establish  the intent                                                               
of the language.                                                                                                                
                                                                                                                                
2:55:56 PM                                                                                                                    
SENATOR MCGUIRE  persisted, if  it [TransCanada's  commitment not                                                               
to recover  withdrawn partner  liability in  the rates]  has been                                                               
agreed to  and signed and  notarized, what  would be the  harm in                                                               
amending AGIA to clarify that was the legislature's intent?                                                                     
                                                                                                                                
COMMISSIONER  GALVIN  said he  did  not  understand what  Senator                                                               
McGuire was looking to clarify.                                                                                                 
                                                                                                                                
SENATOR MCGUIRE wanted  to know if the legislature  could go back                                                               
and say  that one  of the "must  haves" was  indemnification from                                                               
outstanding  liabilities  that  don't  directly  pertain  to  the                                                               
state. Mr.  Bullock explained that  if the legislature  went back                                                               
and redefined  the terms in  a way  that would have  affected the                                                               
outcome, that  could be a problem;  but in this case  it is clear                                                               
it was  never the intent that  the state would be  liable so, she                                                               
reiterated, what  would be the  harm in  making that part  of the                                                               
statute?                                                                                                                        
                                                                                                                                
COMMISSIONER GALVIN said  the primary distinction is  that to say                                                               
the state  would have no  liability with regard to  the withdrawn                                                               
partners in  its entirety  would probably  be an  over statement.                                                               
There is a  chance the state may decide to  become a full partner                                                               
with TransCanada  at some time  in the future  or to join  the TC                                                               
Alaska  project in  a different  capacity and  in that  case, the                                                               
state will  have to look at  the issue of withdrawn  partners and                                                               
whether it implicates that relationship.  If the legislature were                                                               
to  retroactively  amend  AGIA  and  add  indemnification  as  an                                                               
additional "must have,"  it would change the terms in  such a way                                                               
that  it would  invalidate the  competitive process  that brought                                                               
the state to this point.                                                                                                        
                                                                                                                                
SENATOR  MCGUIRE  recalled  being initially  concerned  about  it                                                               
[withdrawn partner  liability] and then getting  information from                                                               
Mr. Palmer  that led  her to  believe it would  not be  a factor;                                                               
that the  state would be  indemnified and it wouldn't  impact the                                                               
tariff structure. Since  that time she said,  the legislature has                                                               
heard conflicting  opinions from the FERC  representatives: first                                                               
that the  FERC wouldn't allow  the liability to be  factored into                                                               
the rates and then, in  more recent communications, that it could                                                               
be.  She  did  not  recall   anything  in  the  Senate  Resources                                                               
Committee's  deliberations that  would be  inconsistent with  the                                                               
concept  of  the state  reaffirming  that  any withdrawn  partner                                                               
liability will not be added to  the rates and that the state will                                                               
be indemnified.                                                                                                                 
                                                                                                                                
3:00:23 PM                                                                                                                    
COMMISSIONER GALVIN stressed that  the tariff issue is absolutely                                                               
clear. TransCanada  has already indemnified the  state with their                                                               
testimony.  As  for the  FERC  testimony,  the question  is  only                                                               
whether FERC  would or  would not include  the liability  [in the                                                               
rates]  if   it  was  requested;  the   state  has  TransCanada's                                                               
commitment that  they will not request  it and, if they  do, they                                                               
will  be liable  to the  state  for having  done so.  That is  an                                                               
indemnification as  it relates  to the tariff  issue and  that is                                                               
the  only aspect  of the  state's  relationship with  TransCanada                                                               
that is being  implicated by the issuance of an  AGIA license. As                                                               
for  whether the  state should  deal with  the withdrawn  partner                                                               
issue  now   in  anticipation   of  a   change  in   the  state's                                                               
relationship to  TransCanada in the future,  the administration's                                                               
position is  that it  would be  premature to  even get  into that                                                               
discussion.                                                                                                                     
                                                                                                                                
SENATOR  MCGUIRE respectfully  disagreed.  She said  she wrote  a                                                               
brief to the ninth circuit [court]  on the "DEW line." [DEW line,                                                               
a network  of cold  war era radar  monitoring stations  in Canada                                                               
and Alaska that have now been  abandoned.] An oil and gas company                                                               
had a platform on federal land  and someone was mauled by a polar                                                               
bear. The  victim settled with the  oil and gas company  and then                                                               
came  back  to  reach  into   the  deep  pocket  of  the  federal                                                               
government,  because the  platform sat  on the  DEW line.  Things                                                               
like that happen,  she said, and she would  feel more comfortable                                                               
going into this potential partnership  if it were made very clear                                                               
that the state  is indemnified and is not part  of this withdrawn                                                               
partner liability.                                                                                                              
                                                                                                                                
3:03:22 PM                                                                                                                    
COMMISSIONER  GALVIN said  the administration  has  looked at  it                                                               
very  closely.  The fact  that  some  people  refer to  the  AGIA                                                               
license as  a "partnership" is  not a legally  significant issue;                                                               
it's  a matter  of what  is  the true  relationship that's  being                                                               
created. The  legal opinion is  clear that  it is not  creating a                                                               
risk of  liability on  this particular  issue. But,  he stressed,                                                               
the administration does  not want to provide  the impression that                                                               
the AGIA  license takes care of  any liability in the  event that                                                               
the state changes  its relationship to TransCanada  at some point                                                               
in the future. It isn't an  issue today; but if the state changes                                                               
its position the liability issue will have to be considered.                                                                    
                                                                                                                                
3:06:14 PM                                                                                                                    
SENATOR  STEDMAN   said  he  understands   that  there   is  some                                                               
possibility  the  liability  could  be  included  in  the  rates,                                                               
depending upon  whether the court  ever asks  the FERC to  make a                                                               
ruling.                                                                                                                         
                                                                                                                                
COMMISSIONER  GALVIN  responded that  there  are  two aspects  to                                                               
Senator  Stedman's question.  The  issue of  whether  or not  the                                                               
liability exists is  one. In that case, someone  would first have                                                               
to make  a claim;  then a  court would  have to  substantiate it.                                                               
Then TransCanada would  have to seek to have  that liability paid                                                               
for by shippers  on the Alaska portion of the  line; and finally,                                                               
the FERC  would have to agree  that it is an  appropriate cost to                                                               
be added [to the rates].                                                                                                        
                                                                                                                                
SENATOR  STEDMAN said  it seemed  very  clear from  TransCanada's                                                               
testimony that they would not request  that it be rolled into the                                                               
tariff.                                                                                                                         
                                                                                                                                
COMMISSIONER GALVIN  agreed. And  if TransCanada  doesn't request                                                               
it, the  state does not  have a risk  regardless of what  a court                                                               
might find on the liability issue.                                                                                              
                                                                                                                                
SENATOR STEDMAN  was not sure  the language from  TransCanada was                                                               
strong enough.                                                                                                                  
                                                                                                                                
COMMISSIONER GALVIN said  he would get Senator Stedman  a copy of                                                               
TransCanada's response.                                                                                                         
                                                                                                                                
SENATOR   STEDMAN  said   the  conversation   he  had   with  the                                                               
commissioners  at the  FERC  seemed  very clear  that  it was  an                                                               
unknown. If the court ever ruled for  the FERC to look at it, the                                                               
liability could be in, it could be out.                                                                                         
                                                                                                                                
3:09:36 PM                                                                                                                    
COMMISSIONER GALVIN  thought the nature  of the question  was "if                                                               
it  were requested...  if  it were  put  into the  application...                                                               
would FERC include it  or not" and it sounds as  if there isn't a                                                               
clear answer to  that. The premise of the question  is that it is                                                               
requested by the  applicant; and the state has  a commitment that                                                               
TransCanada won't  request it,  which means that  it will  not be                                                               
before the  FERC commissioners for  them to  rule one way  or the                                                               
other.                                                                                                                          
                                                                                                                                
SENATOR  STEDMAN  said  he  didn't interpret  it  that  way.  His                                                               
understanding is that  it could be challenged in court  by one of                                                               
the  withdrawn partners  and,  if they  were  successful in  that                                                               
arena, FERC might or might not look at it.                                                                                      
                                                                                                                                
3:11:03 PM                                                                                                                    
COMMISSIONER   GALVIN  reiterated   that  without   an  applicant                                                               
bringing  it   forward,  it  will   not  come  before   the  FERC                                                               
commissioners. There  may be a  liability established by  a court                                                               
somewhere on  TransCanada Corporate;  they have  liabilities that                                                               
will be established  continually on different things  and FERC is                                                               
not  out   there  looking  for  liabilities   that  haven't  been                                                               
requested by a pipeline to include in a rate.                                                                                   
                                                                                                                                
3:11:36 PM                                                                                                                    
SENATOR THOMAS was  looking at the concept  of withdrawn partners                                                               
with  regard  to changing  language  that  could be  a  potential                                                               
problem. He asked who the  withdrawn partners are and whether any                                                               
have actually written off their interest.                                                                                       
                                                                                                                                
3:12:42 PM                                                                                                                    
COMMISSIONER GALVIN  did not  have the  information with  him but                                                               
said he would provide it.                                                                                                       
                                                                                                                                
3:12:56 PM                                                                                                                    
SENATOR  WIELECHOWSKI wondered  what  would be  the  harm if  the                                                               
legislature amended the "must haves"  to include a statement that                                                               
anyone with withdrawn partner liability  must indemnify the state                                                               
against it. It would only  impact TransCanada and he assumed they                                                               
would agree to it.                                                                                                              
                                                                                                                                
COMMISSIONER  GALVIN reiterated  that changing  the "must  haves"                                                               
would add  an additional requirement to  the state's completeness                                                               
review,  which  TransCanada would  not  have  met. Therefore  the                                                               
state's   completeness   determination  regarding   TransCanada's                                                               
application would be eliminated,  changing the state's ability to                                                               
come forward  with the license  now before the  legislature. That                                                               
is Mr.  Bullock's determination, he  said, and Ms.  Harris agrees                                                               
with  it.  It  would  basically eliminate  the  existing  license                                                               
before the legislature.                                                                                                         
                                                                                                                                
3:14:49 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  Ms. Harris  if she  would expand  on                                                               
that.                                                                                                                           
                                                                                                                                
MS.  HARRIS  agreed with  Mr.  Bullock  that  it would  take  the                                                               
process back to the beginning. In  the law of public contracts in                                                               
general, when  the public body  solicits bids, there is  an offer                                                               
and the  acceptance. The  application in this  case is  the offer                                                               
and if  the acceptance has  different conditions than  the offer,                                                               
it isn't the same contract.                                                                                                     
                                                                                                                                
SENATOR MCGUIRE asked Ms. Harris  about change orders. She opined                                                               
that there  are mechanisms  to amend a  contract if  both parties                                                               
are in accord.                                                                                                                  
                                                                                                                                
3:17:55 PM                                                                                                                    
MS. HARRIS  agreed that there  are methods  to do that  in public                                                               
contracts  however, those  contracts generally  have a  provision                                                               
for how  change orders will  work. AGIA  has a provision  that is                                                               
similar to  that. TransCanada's offer,  if accepted by  issuing a                                                               
license, becomes  a contract;  and there is  a provision  in AGIA                                                               
that  allows  for  changes  to the  project  plan  under  certain                                                               
conditions: the change  has to be approved  by the commissioners;                                                               
it cannot diminish  the value to the state; and  it cannot negate                                                               
any of the "must haves."  That is consistent internally with AGIA                                                               
and  allows  necessary changes  in  the  project plan  after  the                                                               
contract is established.                                                                                                        
                                                                                                                                
3:19:44 PM                                                                                                                    
COMMISSIONER  GALVIN   clarified  that   the  RFA   [Request  for                                                               
Applications]  would  establish  the  parameters  of  any  change                                                               
orders.  Similarly  within AGIA,  there  can  be changes  to  the                                                               
project plan  within the parameters  established in  AS 43.90.210                                                               
and the RFA,  which established how modifications  would be done.                                                               
That  is  a  different  scenario than  going  back  and  actually                                                               
changing  the underlying  statute, which  would change  the terms                                                               
under  which the  RFA was  issued  and implicate  the actual  bid                                                               
process.                                                                                                                        
                                                                                                                                
3:20:45 PM                                                                                                                    
MS. HARRIS agreed with Commissioner Galvin's explanation.                                                                       
                                                                                                                                
3:21:00 PM                                                                                                                    
SENATOR HOFFMAN  pointed out that the  goal is to get  a gasline.                                                               
Once the license is issued,  both the majors and TransCanada have                                                               
said the  line is not  going to be  built unless there  is fiscal                                                               
certainty.  He  asked if  Commissioner  Galvin  agreed with  that                                                               
statement.                                                                                                                      
                                                                                                                                
3:21:54 PM                                                                                                                    
COMMISSIONER GALVIN said  he believes the producers  have taken a                                                               
strong  position  that  they want  fiscal  predictability  before                                                               
making  their   gas  commitments.  AGIA  reflects   that  in  the                                                               
provisions  with   regard  to  upstream  fiscal   certainty.  The                                                               
question  becomes  "what  is  meant  by  fiscal  certainty?"  The                                                               
state's assurance of predictability in  the gas tax for the first                                                               
10 years is something that is  appropriate for the state to offer                                                               
to  gas shippers  and is  an inducement.  The administration  has                                                               
stated throughout that it will  be evaluating whether or not that                                                               
is  sufficient and  appropriate as  the project  moves toward  an                                                               
open season. However, at this  point the administration feels the                                                               
economics  of  the  project  are  sufficiently  strong  that  the                                                               
inducements  offered should  be enough  to get  gas committed  to                                                               
this line. Whether the producers  may ultimately decide to forego                                                               
fiscal certainty in  favor of control over the pipe  and go after                                                               
the  Denali  project  is  something they  will  have  to  balance                                                               
against  other  interests  going  forward. The  finding  and  the                                                               
administration's  public  statements  recognize that  they  could                                                               
decide  that those  other interests  are more  important to  them                                                               
than fiscal certainty.                                                                                                          
                                                                                                                                
3:24:40 PM                                                                                                                    
SENATOR HOFFMAN asked  if the administration has  spoken with Mr.                                                               
Palmer  and does  he agree  that  the 10  years on  the books  is                                                               
enough fiscal certainty for them  to proceed building the gasline                                                               
under the provisions of this license.                                                                                           
                                                                                                                                
COMMISSIONER  GALVIN   said  the   administration  has   not  had                                                               
discussions  with TransCanada  about  that, but  he believes  the                                                               
application  speaks  for  itself.  However, the  issue  has  been                                                               
raised that TransCanada  remains on the sidelines  with regard to                                                               
discussions between the state and the shippers on fiscal terms.                                                                 
                                                                                                                                
3:25:48 PM                                                                                                                    
SENATOR HOFFMAN  opined, therein  lies the nut  that needs  to be                                                               
cracked.   If  the   administration   has   not  discussed   with                                                               
TransCanada  whether 10  years  fiscal  certainty is  sufficient,                                                               
then what can we do. If we  go back and give fiscal certainty for                                                               
a longer term, the producers may  have applied under AGIA so it's                                                               
a discussion we should have had before the application process.                                                                 
                                                                                                                                
3:27:34 PM                                                                                                                    
COMMISSIONER  GALVIN said  he sees  the issue  from the  opposite                                                               
side.  That  is,  the  state  is  placed  at  a  disadvantage  in                                                               
negotiations if  it has  to reach an  accord on  fiscal certainty                                                               
without  sufficient  information  about   the  economics  of  the                                                               
project and  the implications on  the decisions the  shippers are                                                               
making.  The   administration  believes  that   continuing  those                                                               
discussions as  the project moves  forward and the  economics are                                                               
clearer will put the state in a better negotiating position.                                                                    
                                                                                                                                
3:30:07 PM                                                                                                                    
SENATOR  HOFFMAN insisted  that  the  administration should  have                                                               
asked  the one  remaining applicant,  which had  stated that  the                                                               
line  would not  be built  without fiscal  certainty, whether  10                                                               
years would provide  enough fiscal certainty for  them to proceed                                                               
with the project.                                                                                                               
                                                                                                                                
3:31:10 PM                                                                                                                    
COMMISSIONER  GALVIN said  he  must  have misinterpreted  Senator                                                               
Hoffman's question.  If the question  is whether the 10  years of                                                               
fiscal  certainty is  sufficient for  TransCanada to  advance the                                                               
project, the answer is "Yes" and  Tony Palmer has made that clear                                                               
on the record. He thought  the Senator was addressing a statement                                                               
within TransCanada's  application, which states that  they expect                                                               
the state  to work  with the shippers  to identify  whether there                                                               
are  additional concessions  that  need  to be  made  to get  the                                                               
producers to commit  gas to the line. TransCanada did  not take a                                                               
position  regarding whether  the state  needs to  make additional                                                               
concessions;  but they  are saying  that they  hope the  state is                                                               
willing  to  entertain  those  discussions.  TransCanada  and  TC                                                               
Alaska are not  the ones that will dictate  what fiscal certainty                                                               
terms are needed in order to get the producers to this line.                                                                    
                                                                                                                                
3:32:39 PM                                                                                                                    
SENATOR HOFFMAN  said it  seems the legislature  must be  part of                                                               
the process for any changes in the gas tax structure.                                                                           
                                                                                                                                
COMMISSIONER GALVIN  agreed that any subsequent  discussion about                                                               
fiscal   certainty   will   definitely  have   to   include   the                                                               
legislature.  As to  when fiscal  certainty will  be established,                                                               
the administration  feels the  best approach  is to  advance this                                                               
project  through the  AGIA process  until  enough information  is                                                               
available to determine what fiscal certainty is appropriate.                                                                    
                                                                                                                                
SENATOR HOFFMAN asked what time frame that would be.                                                                            
                                                                                                                                
COMMISSIONER GALVIN believed it would  be between now and the two                                                               
open seasons, that is during the next 24-30 months.                                                                             
                                                                                                                                
SENATOR HOFFMAN  queried, what  are the  chances of  getting that                                                               
question answered before the first open season?                                                                                 
                                                                                                                                
3:35:52 PM                                                                                                                    
COMMISSIONER GALVIN felt they were fairly good.                                                                                 
                                                                                                                                
SENATOR HOFFMAN said  the problem he has is  that the legislature                                                               
has the  time to answer  that question now, before  entering into                                                               
the license  and a one  year delay  will improve the  net present                                                               
value to the state of Alaska.  He felt that if the administration                                                               
will  have the  answer to  that  question before  the first  open                                                               
season, the  legislature should  wait until  that time  and start                                                               
the process  over after making  any adjustments to AGIA  that may                                                               
be necessary.                                                                                                                   
                                                                                                                                
COMMISSIONER GALVIN  responded, in  reference to  Mr. Dickinson's                                                               
statement that "it's OK to delay  this project for a year because                                                               
it  increases the  net  present value,"  that  Mr. Dickinson  was                                                               
referring  to an  anomaly in  the state's  NPV analysis.  If they                                                               
drop the  state's discount rate  low enough, it appears  that the                                                               
value to the state increases  with delay. He opined that everyone                                                               
would agree  getting the gasline  built sooner rather  than later                                                               
is in the state's interest; it  is not logical to think the state                                                               
increases the value of the project by delaying it indefinitely.                                                                 
                                                                                                                                
He continued  that there are a  lot of moving parts  right now, a                                                               
lot of  negotiation and positioning  going on among  the players.                                                               
If the  state wants  closure on  some of  the major  issues, they                                                               
will have  to stop some of  the pieces from moving.  Some of that                                                               
comes down  to what the  state is willing  to accept and  to give                                                               
up. Some of  that has to be  locked in at some point  in order to                                                               
move  forward;  they have  to  establish  deadlines and  a  fixed                                                               
timeline.                                                                                                                       
                                                                                                                                
3:40:30 PM                                                                                                                    
SENATOR  HOFFMAN  agreed  that  more  moving  parts  need  to  be                                                               
eliminated  and  the  biggest  moving  part  he  saw  was  fiscal                                                               
certainty.                                                                                                                      
                                                                                                                                
3:40:56 PM                                                                                                                    
COMMISSIONER GALVIN  said he agreed  that is something  they need                                                               
to get closure  on; but that isn't some  thing the administration                                                               
can  decide unilaterally.  They have  to position  themselves for                                                               
discussions with the shippers.                                                                                                  
                                                                                                                                
3:41:30 PM                                                                                                                    
SENATOR  WAGONER read  a letter  to  Representative Samuels  from                                                               
Francis S.  Chang, Senior  Council for  Pacific Gas  and Electric                                                               
Corporation,  dated  July  22,  2008.  He said  he  felt  it  was                                                               
important to have  this on the record and that  he wanted to know                                                               
if Legislative  Budget and Audit  had received any  other letters                                                               
of this nature.                                                                                                                 
                                                                                                                                
     Regarding  your  letter  to Mr.  Stanford-Hartman,  you                                                                    
     asked   several   questions    regarding   rights   and                                                                    
     obligations   owed  to   PG&E  Corporation   under  the                                                                    
     partnership agreement of  the Alaska Northwest National                                                                    
     Gas  Transportation  Company  and  in  connection  with                                                                    
     TransCanada Corporation  license application  under the                                                                    
     Alaska  Gasline  Inducement  Act.  As  you  know,  PG&E                                                                    
     Corporation  is   the  ultimate  corporate   parent  of                                                                    
     Sealaska Energy Company, which  is a withdrawn partner.                                                                    
     Mr. Hartman requests that I  respond to your letter. We                                                                    
     have reviewed  our files and  based on this  review, we                                                                    
     do not believe that  PG&E Corporation currently has any                                                                    
     rights   to   waive   with   respect   to   TransCanada                                                                    
     Corporation's application.                                                                                                 
                                                                                                                                
SENATOR WAGONER  emphasized that this letter  was not distributed                                                               
to the  Special Committee  on Energy and  wondered if  any others                                                               
had been received and had not been distributed.                                                                                 
                                                                                                                                
CHAIR  HUGGINS assured  him that  they  would get  the answer  to                                                               
that.                                                                                                                           
                                                                                                                                
3:43:45 PM                                                                                                                    
CHAIR   HUGGINS   questioned   Commissioner  Galvin   about   the                                                               
administration's capital  request for $3.5 million  over the next                                                               
ten months and asked what sort of inducements were on the table.                                                                
                                                                                                                                
COMMISSIONER  GALVIN  said he  was  not  familiar with  the  $3.5                                                               
million request.                                                                                                                
                                                                                                                                
CHAIR HUGGINS explained  that it is by the  Department of Natural                                                               
Resources, part of  a $15 million request that is  expected to be                                                               
expended between August of 2008  and June 2009 "to ensure success                                                               
of  the first  open season  and  subsequent open  seasons and  to                                                               
develop additional state inducements."                                                                                          
                                                                                                                                
COMMISSIONER  GALVIN  said that  is  a  direct follow-up  to  the                                                               
discussion with  Senator Hoffman. The  administration anticipates                                                               
discussions  with  regard to  potential  changes  in the  state's                                                               
fiscal  system  in order  to  attract  gas  to the  initial  open                                                               
season.  As  part  of  that,  they  anticipate  the  need  for  a                                                               
tremendous amount of analysis in  order to evaluate the financial                                                               
impacts to the  state associated with any  particular proposal or                                                               
idea that may come out of  those discussions and will need access                                                               
to  expertise similar  to  that  they used  in  analyzing the  TC                                                               
Alaska application.  They are  asking for the  funds so  that the                                                               
state will be  in the strongest position to  participate in those                                                               
discussions.                                                                                                                    
                                                                                                                                
3:45:59 PM                                                                                                                    
CHAIR  HUGGINS said  he understands  that. The  question is  what                                                               
sort of  inducements the  administration is  looking at  for $3.5                                                               
million. What's the menu of inducements?                                                                                        
                                                                                                                                
3:46:49 PM                                                                                                                    
COMMISSIONER GALVIN  clarified that  the $3.5  million is  not to                                                               
develop or  identify additional inducements  as much as it  is to                                                               
evaluate  issues  and  information  that  relate  to  discussions                                                               
associated with upstream fiscal issues.                                                                                         
                                                                                                                                
CHAIR HUGGINS re-read the statement from the capital request.                                                                   
                                                                                                                                
3:47:26 PM                                                                                                                    
COMMISSIONER GALVIN could not respond.                                                                                          
                                                                                                                                
CHAIR HUGGINS  suggested Commissioner Galvin confer  with DNR and                                                               
get back to him. Assuming the  legislature does whatever it is to                                                               
spend that, he  asked, when is the legislature going  to be asked                                                               
to consider that expenditure?                                                                                                   
                                                                                                                                
3:48:32 PM                                                                                                                    
COMMISSIONER  GALVIN   answered  that   it  isn't   a  unilateral                                                               
decision-making process.  The money is for  the administration to                                                               
design  terms  based  on  discussions they  will  have  with  the                                                               
shippers; so they have not developed a list of inducements.                                                                     
                                                                                                                                
3:52:39 PM                                                                                                                    
CHAIR HUGGINS  commented that it  is $6.25 million  over multiple                                                               
years through  June of  2013, so  there is some  kind of  plan to                                                               
spend a lot  of money on this.  He was not sure how  they came to                                                               
the conclusion that  it would take that long to  come up with the                                                               
terms and  inducements; but felt  the legislature should  be able                                                               
to anticipate  when they are going  to be dealing with  this huge                                                               
issue.                                                                                                                          
                                                                                                                                
3:54:08 PM                                                                                                                    
COMMISSIONER  GALVIN agreed  that as  the administration  reaches                                                               
the point  of needing legislative  action, they would want  to do                                                               
it during  a regular session; but  he insisted that they  have to                                                               
remain flexible to deal with these parties successfully.                                                                        
                                                                                                                                
3:56:05 PM                                                                                                                    
SENATOR GREEN  was curious why  this request was not  included in                                                               
the spring 2008 budget.                                                                                                         
                                                                                                                                
COMMISSIONER GALVIN said it was  tied to issuance of the license.                                                               
During the  spring 2008  budget the  administration did  not know                                                               
the outcome of the licensing decision.                                                                                          
                                                                                                                                
SENATOR GREEN  asked what  would happen if  this request  was not                                                               
funded until spring 2009.                                                                                                       
                                                                                                                                
COMMISSIONER GALVIN  asserted that if  the entire amount  was not                                                               
funded, it would be detrimental  to the state's ability to engage                                                               
in  discussions with  regard to  fiscal  certainty, because  they                                                               
might not have the funds to  properly evaluate the issues as they                                                               
come forward in those discussions.                                                                                              
                                                                                                                                
SENATOR GREEN queried "This is primarily for consultants?"                                                                      
                                                                                                                                
COMMISSIONER GALVIN responded that is most likely.                                                                              
                                                                                                                                
                                                                                                                                
3:58:00 PM                                                                                                                    
SENATOR   GREEN  noted   that  supplemental   budgets  are   very                                                               
convenient but can distort the totals  and she is always in favor                                                               
of  including  things  in  the   actual  budget  cycle.  She  was                                                               
disappointed that it didn't come sooner.                                                                                        
                                                                                                                                
3:58:39 PM                                                                                                                    
SENATOR STEDMAN  agreed. He  thought it would  have been  more on                                                               
point  for  the  administration   to  come  in  with  contingency                                                               
language. In  the event that  they selected an  applicant through                                                               
the AGIA process,  these are the expenditures they  would like to                                                               
include for the current fiscal year.                                                                                            
                                                                                                                                
3:59:46 PM                                                                                                                    
CHAIR HUGGINS wondered,  assuming the state has  a fiscal package                                                               
after spending this  amount of money, who is  this fiscal package                                                               
applicable to?                                                                                                                  
                                                                                                                                
4:00:39 PM                                                                                                                    
MS.  HARRIS said  it would  not be  for a  specific company,  but                                                               
would apply to the category of activity.                                                                                        
                                                                                                                                
CHAIR  HUGGINS asked  Commissioner Galvin  about that  because he                                                               
thought   that   fiscal    certainty   applied   exclusively   to                                                               
TransCanada.                                                                                                                    
                                                                                                                                
4:01:31 PM                                                                                                                    
MS.  HARRIS  clarified  that  she  answered  within  the  general                                                               
framework of  the application  of law  rather than  this specific                                                               
scenario.  She  had  no  understanding  of  the  specific  fiscal                                                               
package to which he referred.                                                                                                   
                                                                                                                                
4:03:14 PM                                                                                                                    
COMMISSIONER GALVIN  responded that  at this point,  any question                                                               
related to  the fiscal  package is  premature because  they don't                                                               
know if they  will need one or  what it will look  like. The root                                                               
of  the question  goes  back  to the  treble  damages issue.  The                                                               
language of the project assurance  section of AGIA says the state                                                               
will  not  pass  a  preferential   tax  treatment  to  advance  a                                                               
competing  project.  If   there  is  a  general   change  in  the                                                               
production tax law,  it would not trigger that.  The question was                                                               
asked,  "What  if we  make  a  change  that applies  to  everyone                                                               
equally, but is actually intended  to help advance one particular                                                               
project." If the  state does that, he feels they  should admit it                                                               
and accept treble damages.                                                                                                      
                                                                                                                                
4:06:41 PM                                                                                                                    
SENATOR  WAGONER   asked  if  the   committee  would   deal  with                                                               
amendments and possibly move the bill tomorrow.                                                                                 
                                                                                                                                
CHAIR HUGGINS stated that the culmination will be to vote on                                                                    
moving the bill. He held SB 3001 and HB 3001 in committee.                                                                      
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Huggins adjourned the meeting at 4:07:28 PM.                                                                            
                                                                                                                                

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