Legislature(2007 - 2008)SENATE FINANCE 532

11/07/2007 09:00 AM Senate FINANCE


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09:22:56 AM Start
09:23:05 AM HB2001
10:35:28 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- NOTE CHANGE IN AGENDA --
+= SB2001 OIL & GAS TAX AMENDMENTS TELECONFERENCED
Heard & Held
Presentation on Production Cost Increases
--Barry Pulliam, Senior Economist,
Econ One Research, Inc.
-- Testimony <Invitation Only> --
                                                                                                                                
SB 2001  "An Act relating to the production tax on oil and gas                                                                  
          and to conservation  surcharges on oil; relating  to the                                                              
          issuance  of advisory  bulletins and  the disclosure  of                                                              
          certain information  relating to the production  tax and                                                              
          the  sharing  between agencies  of  certain  information                                                              
          relating  to the production  tax and  to oil and  gas or                                                              
          gas  only leases;  amending the  State Personnel  Act to                                                              
          place in  the exempt service  certain state oil  and gas                                                              
          auditors and  their immediate supervisors;  establishing                                                              
          an oil and  gas tax credit fund and  authorizing payment                                                              
          from  that fund; providing  for retroactive  application                                                              
          of   certain   statutory   and   regulatory   provisions                                                              
          relating  to  the production  tax  on  oil and  gas  and                                                              
          conservation   surcharges  on  oil;   making  conforming                                                              
          amendments; and providing for an effective date."                                                                     
                                                                                                                                
          SB 2001 was HEARD and HELD in Committee for further                                                                   
          consideration.                                                                                                        
                                                                                                                                
SENATE BILL NO. 2001                                                                                                          
                                                                                                                                
     "An Act  relating to the  production tax  on oil and  gas and                                                              
     to conservation  surcharges on oil; relating to  the issuance                                                              
     of  advisory   bulletins  and   the  disclosure   of  certain                                                              
     information  relating to the  production tax and  the sharing                                                              
     between  agencies  of  certain information  relating  to  the                                                              
     production  tax  and  to oil  and  gas  or gas  only  leases;                                                              
     amending  the State  Personnel  Act to  place  in the  exempt                                                              
     service  certain  state  oil   and  gas  auditors  and  their                                                              
     immediate  supervisors;  establishing  an  oil  and  gas  tax                                                              
     credit  fund   and  authorizing   payment  from   that  fund;                                                              
     providing  for retroactive application  of certain  statutory                                                              
     and regulatory  provisions relating to the production  tax on                                                              
     oil  and  gas  and conservation  surcharges  on  oil;  making                                                              
     conforming  amendments;   and  providing  for   an  effective                                                              
     date."                                                                                                                     
                                                                                                                                
SB   2001  was   HEARD   and  HELD   in   Committee  for   further                                                              
consideration.                                                                                                                  
                                                                                                                                
9:23:12 AM                                                                                                                    
                                                                                                                                
Co-Chair   Stedman  stated   EconOne   would   be  presenting   on                                                              
production  cost  increases.  The  Committee  will  reference  the                                                              
original Petroleum  Production Tax  (PPT) expectations as  well as                                                              
the  results  of  the PPT  legislation.  The  Administration  will                                                              
discuss credits and how they affect the PPT calculation.                                                                        
                                                                                                                                
BARRY  PULLIAM, SENIOR  ECONOMIST,  ECONONE RESEARCH,  CONTRACTOR,                                                              
LEGISLATIVE   BUDGET   AND  AUDIT   COMMITTEE,   highlighted   his                                                              
extensive  history  of working  with  the  state  on oil  and  gas                                                              
matters.  He  explained  that  he   previously  analyzed  expected                                                              
revenues  during   past  PPT  and  Economic  Limit   Factor  (ELF)                                                              
discussions.   The PPT system  was a change  from the  old system,                                                              
which moved  from a  gross-based tax where  value was  measured at                                                              
per  barrel value  at the  well head;  to  a net  tax system  that                                                              
considers both capital  and operating costs.  The  change required                                                              
examination of upstream costs and estimating future costs.                                                                      
                                                                                                                                
9:28:07 AM                                                                                                                    
                                                                                                                                
Mr.  Pulliam pointed  out  that the  Department  of Revenue  (DOR)                                                              
conducted the  analysis in order  to provide a fiscal  analysis of                                                              
the  PPT bill.   The  Department  has estimated  that the  current                                                              
system would  produce less  revenue due  to anticipated  increased                                                              
costs.   EconOne was asked to  determine why estimates  differ and                                                              
whether  the cost  increases seen  in Alaska  (DOR) estimates  are                                                              
reflective of trends elsewhere.                                                                                                 
                                                                                                                                
Mr.  Pulliam  said  that  EconOne  interviewed  DOR  employees  to                                                              
determine  what process  was used  to  collect data,  particularly                                                              
related  to the  PPT returns.   During  the  discussion it  became                                                              
clear that the information could not be released.                                                                               
                                                                                                                                
9:32:12 AM                                                                                                                    
                                                                                                                                
EconOne  also  looked  at  information  available  in  the  public                                                              
domain relating  to costs  throughout the world  and Alaska.   Mr.                                                              
Pulliam  prepared   a  written  report,  "Report   to  the  Alaska                                                              
Legislature on Production Cost Increases" (copy on file).                                                                       
                                                                                                                                
                                                                                                                                
AT EASE:       9:33:09 AM                                                                                                     
RECONVENE:     9:35:11 AM                                                                                                     
                                                                                                                                
                                                                                                                                
Mr. Pulliam  explained  that page  1 of the  handout, "Summary  of                                                              
Costs",  shows the cost  forecasts  that were  used in the  fiscal                                                              
note for  HB 3001,  or the current  PPT system.   The fiscal  note                                                              
information for  HB 2001 is depicted  on the bottom section.   The                                                              
information  is expressed in  two different  ways, total  cost for                                                              
capex and opex and then on a taxable barrel basis.                                                                              
                                                                                                                                
Mr.  Pulliam addressed  total costs  first.   In  the fiscal  note                                                              
projection  for   FY  2008,  capital  and  operating   costs  were                                                              
anticipated to  be about  $1.1 billion each.   Those  costs appear                                                              
to be roughly  in line with  the spending levels through  FY 2005.                                                              
Current  estimates of  roughly  $2.1 billion  each  for capex  and                                                              
opex for FY  2008 are depicted in  the lower graph.   The forecast                                                              
for the next several years are at that same range.                                                                              
                                                                                                                                
Mr. Pulliam explained  that the costs were developed  by reviewing                                                              
information  available from  2002-2005.   Estimates going  forward                                                              
are based  on DOR's review  of what has  been coming in  under PPT                                                              
and on discussions with taxpayers.                                                                                              
                                                                                                                                
Mr.  Pulliam addressed  the numbers  based on  the taxable  barrel                                                              
basis.   The total  under the  fiscal  note for HB  3001 is  about                                                              
$9.26  billion; under  the  fiscal  note for  HB  2001 it's  about                                                              
$18.85  billion.   He  explained  that  the  total is  arrived  by                                                              
taking  the total cost  used in  forecasting and  dividing  by the                                                              
taxable barrels.   The state gets  tax revenue on  taxable barrels                                                              
- production  less royalty  barrels.   The entirety  of the  costs                                                              
reflects  the cost  to  produce all  barrels,  which gets  "netted                                                              
out"  against taxable,  non-royalty barrels.   He  noted that  the                                                              
figures are all averages.                                                                                                       
                                                                                                                                
9:42:42 AM                                                                                                                    
                                                                                                                                
Mr.  Pulliam  reported   that  there  is  broad   consensus  among                                                              
industry  analysts that  costs  for producing  oil  have gone  up,                                                              
which is dramatically  related to the increase in oil  prices.  He                                                              
referenced page  2, "Platt's ANS  Crude Oil Price; January  2000 -                                                              
September  2007".   He  noted  that  between  2002 and  2004,  oil                                                              
prices were  within a  range of $25-$40  per barrel,  as expected.                                                              
From 2004  to date,  oil prices  have doubled  and production  and                                                              
exploration  are now  a  much more  profitable  business and  have                                                              
therefore increased.                                                                                                            
                                                                                                                                
9:45:19 AM                                                                                                                    
                                                                                                                                
Mr. Pulliam  reviewed page  3, "NYMEX  Futures Price for  December                                                              
2011 Delivery; January  - December 2005, Latest Quotes".   The red                                                              
bars  depict the  futures  price for  each month  of  2005.   This                                                              
graph  indicates  what expectations  were  for prices  long  term.                                                              
The expectations  increased  significantly during  the year.   The                                                              
blue   line  reflects   the   most   current  futures   price   at                                                              
approximately  $80  per  barrel.   Expectations  regarding  prices                                                              
drive investment and production decisions.                                                                                      
                                                                                                                                
Mr.  Pulliam reported  that  as expectations  have  risen, a  high                                                              
demand has been  placed on services for oil production  and prices                                                              
have gone up.                                                                                                                   
                                                                                                                                
9:48:21 AM                                                                                                                    
                                                                                                                                
Mr.  Pulliam turned  to page  4, "IHS/CERA  Upstream Capital  Cost                                                              
Index;  1Q2000 -  1Q2007".   He  explained  how  the index  works.                                                              
Between  2000 and 2004  costs for  upstream capital  have gone  up                                                              
about 10  percent, which  is roughly  consistent with the  overall                                                              
inflation rate.   A large increase  took place in 2005.   He noted                                                              
that  an IHS/CERA  press  release  suggests  a flattening  out  of                                                              
capital cost  increases currently  due to  the ability  to respond                                                              
to the higher demand for oil production and services.                                                                           
                                                                                                                                
9:50:24 AM                                                                                                                    
                                                                                                                                
Mr.  Pulliam reviewed  page  5,  "IHS/CERA Upstream  Capital  Cost                                                              
Index vs. West Coast  ANS Price; 2000 - 2007".   He said if prices                                                              
continue to  rise, it will push up  costs as service firms  try to                                                              
respond to increased demands for services.                                                                                      
                                                                                                                                
9:51:52 AM                                                                                                                    
                                                                                                                                
Mr. Pulliam  explained page  6, "Average*  Oil Drilling  Rig Daily                                                              
Index;  1Q2002 -  2Q2007".   The graph  depicts on-shore  drilling                                                              
rates, but not those  in Alaska.  Costs doubled  from 2002-2003 to                                                              
2006.                                                                                                                           
                                                                                                                                
9:53:13 AM                                                                                                                    
                                                                                                                                
Mr. Pulliam  turned to  page 7, "Average*  Oil Drilling  Rig Daily                                                              
Rates  Index vs.  West", to  show the  relationship between  crude                                                              
oil prices and rig rates.                                                                                                       
                                                                                                                                
9:53:48 AM                                                                                                                    
                                                                                                                                
Mr.  Pulliam reported  that page  8,  "Average* Operating  Costs",                                                              
was constructed  from data prepared  by the Department  of Energy.                                                              
The graph  shows cost  increases beginning in  2003 and  2004, but                                                              
not as  dramatic as the  capital costs.   Operating costs  may not                                                              
be increasing as quickly as capital costs.                                                                                      
                                                                                                                                
9:55:08 AM                                                                                                                    
                                                                                                                                
Mr. Pulliam explained  that page 9, "Average* Operating  Costs for                                                              
10-Well  Oil Lease  Index'  2000-2006", depicts  the  relationship                                                              
between ANS price  and operating costs.  He emphasized  that there                                                              
is not  a lot of  available information  that applies  to Alaska's                                                              
costs.                                                                                                                          
                                                                                                                                
9:55:55 AM                                                                                                                    
                                                                                                                                
Mr.  Pulliam  reported  that  page  10,  "ConocoPhillips  Reported                                                              
Production  Costs Per BOE;  2003 -  2006", shows production  costs                                                              
in  Alaska  and in  the  Lower  48.   ConocoPhillips  costs  don't                                                              
include capital  costs, but  rather operating  costs.   Production                                                              
costs for  Alaska were in  the $3-4 range  up until  mid-2005 when                                                              
oil  prices  rose.   That  information  is consistent  with  DOR's                                                              
information  and  other comparisons.    In  2006  there was  a  63                                                              
percent increase  from the  prior year.   Corrosion issues  on the                                                              
North Slope may have been a factor, as were production declines.                                                                
                                                                                                                                
Co-Chair  Hoffman  asked if  most  costs were  corrosion  related,                                                              
would  costs come  down in  the future.   Mr.  Pulliam offered  to                                                              
address corrosion issues later in the presentation.                                                                             
                                                                                                                                
Senator  Elton  inquired  if  production   costs  per  barrel  for                                                              
ConocoPhillips might  rise higher  than for ExxonMobil  because of                                                              
a  greater  level  of  exploration.   Mr.  Pulliam  was  not  sure                                                              
because  much of  the  exploration would  be  capitalized and  the                                                              
graph depicts operating cost numbers.                                                                                           
                                                                                                                                
10:00:53 AM                                                                                                                   
                                                                                                                                
Mr. Pulliam addressed  page 11, "BP Reported Costs  Per BOE; 2002-                                                              
2006".   The Alaska costs are  higher than anywhere  else reported                                                              
in the  world.   The increase  in 2006  is about  82 percent  and,                                                              
relative  to ConocoPhillips,  much greater.   Production costs  in                                                              
the United States  include Alaska, and the slope  would be flatter                                                              
without that data included.                                                                                                     
                                                                                                                                
10:02:33 AM                                                                                                                   
                                                                                                                                
Mr. Pulliam  explained page  12, "BP  and ConocoPhillips  Reported                                                              
Alaska Production  Costs Per BOE;  2003-2006".  In 2006  there was                                                              
a  much greater  increase  in BP  numbers.   This  graph does  not                                                              
include capital expenditure, property tax, or production tax.                                                                   
                                                                                                                                
10:03:24 AM                                                                                                                   
                                                                                                                                
Mr. Pulliam  talked about  "Corrosion/Integrity Management  Costs"                                                              
on page  13.  Exxon  does not break  out Alaskan numbers  in their                                                              
public   reporting,    so   the   only   comparisons    are   with                                                              
ConocoPhillips and  BP.  Not much  line item detail  is specified;                                                              
the information  is a summary.   The oil transit  line replacement                                                              
was about  $260 million and was  probably already spent.   Another                                                              
$550  million net  will  be spent  for "integrity  management"  in                                                              
2007-2008.  Integrity  management is money that  is being invested                                                              
and spent on facilities  to avoid an incident such  as happened in                                                              
2006. It's  not clear if  that money will  be spread out  into the                                                              
future or if BP  is speaking as a working interest  owner or as an                                                              
operator.                                                                                                                       
                                                                                                                                
10:07:47 AM                                                                                                                   
                                                                                                                                
Mr. Pulliam  commented further  on corrosion integrity  management                                                              
costs,  which would  put pressure  on costs  in Alaska  due to  an                                                              
increased  need for  resources from  a fixed pool.   Higher  costs                                                              
will be reflected in the Department of Revenue Cost Forecast.                                                                   
                                                                                                                                
10:10:00 AM                                                                                                                   
                                                                                                                                
Mr. Pulliam  turned to  page 14.   He  concluded that DOR  current                                                              
forecasts  are based  on  unaudited  taxpayer returns  under  PPT.                                                              
These  costs may  be reduced  after  review and  audit.   Forecast                                                              
costs  used in  DOR's fiscal  note  to HB  3001 are  in line  with                                                              
publicly  reported  information  specific  to  Alaska  during  the                                                              
2002-2005  period.   Costs  have increased  in  recent years  with                                                              
increases in expectations  of future crude oil prices.   The level                                                              
of increase  is likely  to be mitigated  over the  long run.   The                                                              
increase  in  costs  filed  with   the  SEC  filings  for  Alaska,                                                              
relative  to  the  Lower  48,  reflect  expenses  associated  with                                                              
corrosion repair and integrity management efforts.                                                                              
                                                                                                                                
Mr. Pulliam continued  to say that corrosion repair  and integrity                                                              
management  efforts  are likely  to  increase costs  reported  for                                                              
Alaska, even  for non-corrosion  repair services.   DOR  forecasts                                                              
likely  include  costs  related   to  these  efforts.    DOR  cost                                                              
estimates   now  include   cost/price  sensitivity.     A   proper                                                              
determination  of the  actual costs  will  require examination  of                                                              
supporting  materials.   Examination  should include  a review  of                                                              
unit-by-unit information,  both during the PPT period  and several                                                              
years prior to the implementation of PPT.                                                                                       
                                                                                                                                
10:15:12 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman reported  that  Senator Wagoner  had joined  the                                                              
meeting.                                                                                                                        
                                                                                                                                
Co-Chair Stedman  suggested sorting  out the unknowns  surrounding                                                              
corrosion costs and integrity management costs.                                                                                 
                                                                                                                                
Mr.  Pulliam  agreed.    He thought  the  state  should  take  the                                                              
opportunity to understand  how the $550 million relates  to net or                                                              
to gross and the length of spending as it relates to deductions.                                                                
                                                                                                                                
Senator Thomas  recalled that there  were underestimates  of costs                                                              
and  prices  that  contributed  to  the inaccuracy  of  PPT.    He                                                              
maintained  that things  aren't much  better  now due  to lack  of                                                              
specifics.   He wondered how to  gather the information  needed to                                                              
better predict future finances.                                                                                                 
                                                                                                                                
10:17:46 AM                                                                                                                   
                                                                                                                                
Mr. Pulliam  responded that there  is better information  now than                                                              
when  estimates  were first  made  last  spring.   There  are  now                                                              
monthly PPT  filings, and more  "real time" information  regarding                                                              
costs.  This  information  must be  shared  and  approved  between                                                              
interested  parties in  joint/shared fields.   The  state gets  no                                                              
information until after  the taxes are filed, and is  not privy to                                                              
"line level detail" that would be forward looking.                                                                              
                                                                                                                                
Senator Thomas  asked if  that is typical  of a relationship  that                                                              
exists between an oil producing nation or state and industry.                                                                   
                                                                                                                                
Mr. Pulliam  was not sure.  He  thought that Alaska was  more like                                                              
foreign  countries  that rely  heavily  on  oil production.    The                                                              
information  is shared  regularly with  the owners  of the  field.                                                              
Under   lease  agreements   there   could  be   a  disclosure   of                                                              
information requirement.                                                                                                        
                                                                                                                                
10:22:14 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  asked if, in the  fiscal note on HB  3001 (PPT),                                                              
an  adjustment for  actual production  and actual  price is  made,                                                              
the  vast majority  of  the variance  lies  in  the operating  and                                                              
capital cost adjustment.  Mr. Pulliam replied that in August the                                                                
Department of  Revenue put  out a status  report that  stated that                                                              
in FY 08  the current forecast  showed about $800 million  less in                                                              
revenues  than expected under  HB 3001.   That  was mainly  due to                                                              
different levels of anticipated costs.                                                                                          
                                                                                                                                
10:23:36 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman asked  if the $800 was "in operating  and capital                                                              
in transition credits."                                                                                                         
                                                                                                                                
Mr. Pulliam  affirmed,  but pointed  out there  is more weight  to                                                              
capital because  that's where  credits come into  play.   With the                                                              
transition  credits,  there  is  a normal  20  percent  credit  on                                                              
capital.   He gave an  example showing that  the capital  piece is                                                              
the  biggest  piece  of  the  $800  million  difference  that  was                                                              
forecast.                                                                                                                       
                                                                                                                                
Senator Huggins termed  it a "two-edged sword for Alaska".   For a                                                              
worker on the  North Slope it may  be good news as reflected  in a                                                              
larger  paycheck.    A merchant  could  also  benefit  by  capital                                                              
construction improvements.   He wondered  to what  extent workers'                                                              
wages would  be reflective in rising  costs.  Mr.  Pulliam thought                                                              
that wages would  be a part.   On the operating side  it would not                                                              
appear that wages  would be a major portion; more  likely it would                                                              
be equipment and labor force related.                                                                                           
                                                                                                                                
10:26:32 AM                                                                                                                   
                                                                                                                                
Senator  Huggins  spoke of  the  state's  doing  a better  job  of                                                              
checks  and balances  and  oversight  over the  industry,  causing                                                              
prices   to  rise.     Mr.   Pulliam  agreed   that  having   more                                                              
requirements in place could cause cost increases.                                                                               
                                                                                                                                
Senator  Huggins  voiced  concerned   about  "wildcatters"  and  a                                                              
disincentive effect  on new explorers.  He wondered  how important                                                              
incentives might be.                                                                                                            

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