Legislature(2007 - 2008)BELTZ 211

03/20/2007 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SJR 4 NATURAL GAS FOR STATE RESIDENTS TELECONFERENCED
Heard & Held
*+ SB 121 CRUISE SHIP DISCHARGE TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
+= SB 99 POLICE STANDARDS COUNCIL MEMBERSHIP TELECONFERENCED
Scheduled But Not Heard
+= SB 18 PROPERTY FORECLOSURES AND EXECUTIONS TELECONFERENCED
Moved CSSB 18(L&C) Out of Committee
             SJR  4-NATURAL GAS FOR STATE RESIDENTS                                                                         
                                                                                                                              
CHAIR ELLIS announced SJR 4 to be up for consideration.                                                                         
                                                                                                                                
1:44:57 PM                                                                                                                    
SENATOR WIELECHOWSKI, sponsor of SJR  4, explained how the people                                                               
of Southcentral  Alaska have  seen soaring  heating costs  in the                                                               
past five  years and  there are about  340,000 Alaskans  that use                                                               
Cook Inlet gas  to heat their homes from  Fairbanks and Anchorage                                                               
to  the Kenai  Peninsula. Since  2002 the  prices of  natural gas                                                               
have increased  97 percent with  a 30 percent increase  this year                                                               
alone.  The average  cost  of heating  a  home has  approximately                                                               
doubled from about $750 five years ago to about $1,544 today.                                                                   
                                                                                                                                
He said the  increases have caused severe  hardship especially to                                                               
those  on   fixed  incomes.  Constituents  are   looking  to  the                                                               
legislature to control  the costs. The company  that delivers gas                                                               
to residents of Southcentral Alaska,  Enstar Natural Gas Company,                                                               
reports that its share of gas  costs have declined. The big issue                                                               
according to  them is  the cost  at which  they are  securing gas                                                               
from Cook Inlet producers because  the Inlet's known gas supplies                                                               
are being depleted. The DNR  estimates there is approximately 1.7                                                               
tcf of  gas reserves  remaining out  of about  8.8 tcf  that have                                                               
been discovered in the Inlet.                                                                                                   
                                                                                                                                
At the  same time the  Southcentral businesses and  residents are                                                               
struggling to pay their soaring  heating costs, the owners of the                                                               
Kenai Liquefied  Natural Gas  Plant are  applying for  a two-year                                                               
extension  of  their license  to  export  natural gas  to  Japan.                                                               
ConocoPhillips and  Marathon currently export 1.3  metric tons of                                                               
LNG or  about 36  percent of  the gas produced  each year  in the                                                               
Inlet to Tokyo Japan for use  by the Tokyo Electric Power Company                                                               
and Tokyo Gas.                                                                                                                  
                                                                                                                                
SJR 4  calls on  the Attorney General,  in consultation  with the                                                               
Department  of   Natural  Resources,  to  evaluate   whether  the                                                               
extension  of the  export license  is in  the interests  of local                                                               
consumers  in  the  state  and whether  the  non-renewal  of  the                                                               
license  will result  in lower  prices for  local businesses  and                                                               
residents. It also calls on the  producers of natural gas in Cook                                                               
Inlet to  work with  local utilities  to provide  more affordable                                                               
gas for Alaskans.                                                                                                               
                                                                                                                                
SENATOR   WIELECHOWSKI  said   he  has   been  told   by  several                                                               
knowledgeable  individuals that  the cost  of producing  gas from                                                               
Cook Inlet, particularly from the  Legacy Fields, is less than $1                                                               
per mcf while Enstar consumers are  paying $6. He has also heard,                                                               
but cannot  verify because the  information is  proprietary, that                                                               
Tokyo utilities  are paying  roughly the same  or less  for their                                                               
gas than local consumers despite the  fact it has to add the cost                                                               
of transportation over  6,600 nautical miles round  trip to Japan                                                               
and the cost of liquification and regasification to it.                                                                         
                                                                                                                                
In  a  recent  proposed  contract between  Marathon  and  Enstar,                                                               
Enstar agreed  to pay Marathon  at a rate  tied to the  Henry Hub                                                               
pricing point  in Louisiana.  Over the last  two years  the Henry                                                               
Hub  rate has  averaged about  $7.60.  This rate  spiked in  2005                                                               
because of Hurricane Katrina, so  local consumers are paying high                                                               
prices in part because of  a hurricane that occurred thousands of                                                               
miles away.  The Henry Hub  benchmark for pricing Cook  Inlet gas                                                               
is relatively new. Prior to  2004, the contracts relied primarily                                                               
on  the price  of  oil.  Gas under  these  contracts cost  Enstar                                                               
significantly less than the Henry Hub rate.                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  said the intent  of SJR 4 is to express the                                                               
will of the legislature that  producers offer terms as beneficial                                                               
as  possible  to local  consumers  recognizing  that natural  gas                                                               
sells  on a  world  market  and Alaska  is  competing  in it  for                                                               
exploration  dollars  and  that  high  prices  may  serve  as  an                                                               
incentive for more exploration.                                                                                                 
                                                                                                                                
1:46:55 PM                                                                                                                    
SENATOR WIELECHOWSKI said a first  reasonable step is to evaluate                                                               
whether continuing the export of Cook  Inlet's gas is in the best                                                               
interests of those who rely on it.  The third thing SJR 4 does is                                                               
it  calls on  the  Regulatory Commission  of  Alaska to  expedite                                                               
review  of any  contract that  will provide  long-term affordable                                                               
gas for  Alaskans. He has heard  from both the utilities  and the                                                               
producers that  the timelines under  which the RCA  operates need                                                               
to be tightened in the interests of everyone.                                                                                   
                                                                                                                                
1:47:12 PM                                                                                                                    
CHAIR ELLIS said he has heard  the same from his constituents and                                                               
he appreciated him addressing the issue.                                                                                        
                                                                                                                                
SENATOR BUNDE pointed out that people  in the Cook Inlet have had                                                               
below-market  natural gas  prices for  a long  time and  going to                                                               
market  price would  naturally be  shocking because  of that.  He                                                               
asked  Senator Wielechowski  if people  realize that  prohibiting                                                               
commercialization of the  gas will probably make the  price go up                                                               
even more and  that commercialization of the gas  allows a volume                                                               
to be  produced that reduces consumers'  price overall. Household                                                               
consumption  would  not use  the  large  volume that  would  help                                                               
amortize the cost of exploration.                                                                                               
                                                                                                                                
1:48:51 PM                                                                                                                    
SENATOR WIELECHOWSKI  responded that he  is just asking  that the                                                               
Attorney General  consider whether  it is in  Southcentral's best                                                               
interest to export 36 percent of its gas.                                                                                       
                                                                                                                                
SENATOR BUNDE said  he hoped the Attorney  General would consider                                                               
that  the  resource   belongs  to  the  whole   state,  not  just                                                               
Southcentral  and  if the  state's  economy  would be  negatively                                                               
impacted by subsidizing Southcentral.                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI replied  that Cook  Inlet supplies  natural                                                               
gas to 473,000 people, two-thirds of all Alaskans.                                                                              
                                                                                                                                
1:51:28 PM                                                                                                                    
SENATOR STEVENS asked  if Agrium's use is part of  the 64 percent                                                               
that remains  in Alaska.  He also  didn't quite  understand where                                                               
the cost  of gasification fit in  with his comparison of  the gas                                                               
prices in  Tokyo and Alaska. What  happens to the gas  that would                                                               
make him think the cost would be higher?                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  replied  that the  percentages  vary,  but                                                               
roughly 36 percent  of the gas goes oversees;  roughly 20 percent                                                               
goes to  Agrium; 36  percent to  ConocoPhillips and  Marathon; 16                                                               
percent  goes to  EnStar  users, and  varying  percentages go  to                                                               
utilities. The vast majority is going to users in Kenai.                                                                        
                                                                                                                                
He thought  one of the  reasons Tokyo  users pay less  is because                                                               
they  have  a  longer  term  contract, which  is  coming  up  for                                                               
renewal. The  price might go up  then. But when all  the costs of                                                               
getting   the   gas   up,   liquification,   regasification   and                                                               
transportation  are  factored  in,  the residents  of  Japan  are                                                               
paying  roughly the  same, if  not  less, than  the residents  of                                                               
Southcentral are paying.                                                                                                        
                                                                                                                                
1:54:12 PM                                                                                                                    
SENATOR  STEVENS  asked  how  many  years  he  expected  this  to                                                               
continue before the gas supply goes into decline.                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI  replied  that  the   1.7  tcf  of  gas  is                                                               
estimated to  last eight years at  current use. While there  is a                                                               
dispute  over  how  much  gas  Alaska  has  to  fill  its  needs,                                                               
Southcentral now  doesn't have enough.  Agrium cannot  operate in                                                               
the winter  because a  spike of  natural gas  is needed  then for                                                               
Enstar consumers and businesses. He stated:                                                                                     
                                                                                                                                
     Some people say that we  don't have a shortage. I guess                                                                    
     I  would  like  to  point  to the  fact  that  we  have                                                                    
     consumers who  aren't using as  much gas as  they would                                                                    
     like to and  I would also point to the  fact that we've                                                                    
     had increases of 97 percent - supply and demand.                                                                           
                                                                                                                                
1:55:42 PM                                                                                                                    
CHAIR ELLIS asked for his suggested amendments.                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI responded that he has three amendments.                                                                    
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     On  page  2,  line  12: after  "many  benefits  to  the                                                                    
     state,"  replace the  existing clause  with "the  state                                                                    
     must have as a priority  the availability of affordable                                                                    
     gas to meet the needs of its people."                                                                                      
                                                                                                                                
1:56:48 PM                                                                                                                    
SENATOR BUNDE asked if the state  could subsidize the cost of gas                                                               
for people in Southcentral, how would "affordable" be defined.                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI  replied  when people  are  making  choices                                                               
between paying rent, buying food  or buying gas. He repeated that                                                               
prices have increased 97 percent.                                                                                               
                                                                                                                                
CHAIR ELLIS asked Senator Wielechowski  to think about this point                                                               
for a CS and asked him to go on to the next amendments.                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI went on.                                                                                                   
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
      On page 2, line 15: after "attorney general" add "in                                                                      
    coordination   with    the   Department    of   Natural                                                                     
     Resources,"                                                                                                                
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
        On page 2, line 17: replace "termination" of the                                                                        
     license with "non-renewal" of the license.                                                                                 
                                                                                                                                
1:58:26 PM                                                                                                                    
SENATOR  BUNDE saw  a potential  financial penalty  to the  state                                                               
from terminating someone's license and  he also wanted to know if                                                               
there would be  possible litigation involved in  non-renewal of a                                                               
license.                                                                                                                        
                                                                                                                                
BARBARA   WILLIAMS,  Alaska   Public   Interest  Research   Group                                                               
(AKPIRG), related  how some families  couldn't afford gas  at all                                                               
because they  needed to eat.  Some people who qualify  for energy                                                               
assistance aren't  getting it  because of  the numbers  of people                                                               
who live in their households. Her  own gas price has doubled. She                                                               
concluded saying she wants affordable gas for all Alaskans.                                                                     
                                                                                                                                
SENATOR BUNDE  asked if  natural gas should  be added  to welfare                                                               
benefits.                                                                                                                       
                                                                                                                                
MS. WILLIAMS replied yes.                                                                                                       
                                                                                                                                
2:02:44 PM                                                                                                                    
PAUL KENDALL, Anchorage  resident representing himself, supported                                                               
SJR 4.  He advocated  establishing an Energy  Bill of  Rights for                                                               
single-family  homeowners and  residential dwellings  stating the                                                               
four  essential  needs:  clean   air,  clean  water,  a  balanced                                                               
environment  and  energy.  He  said  a  raise  in  energy  prices                                                               
translates many  times over  into the prices  people pay  for the                                                               
four essentials.                                                                                                                
                                                                                                                                
He   said   they   need   a  "true   and   actual   impact   cost                                                               
accounting....at the wellhead of where  that gas comes in at." He                                                               
reasoned that  public utilities  were set up  so that  the public                                                               
has  to have  some secure  position beyond  normal capitalism  or                                                               
free enterprise.                                                                                                                
                                                                                                                                
MR.   KENDALL  suggested   adding   language   saying  that   all                                                               
information has to  be made available to the  general public. Now                                                               
the  companies  say  the  information  is  proprietary  and  many                                                               
companies have a history of  manipulating the price for their own                                                               
welfare.                                                                                                                        
                                                                                                                                
He also said he  heard that a private company put  in an offer to                                                               
purchase Enstar and he thought  allowing that would be a terrible                                                               
mistake. When  that happens  a company can  seal its  records and                                                               
you'll  never get  to distribution  networks,  points and  profit                                                               
additions  without a  major legal  undertaking. He  also said  he                                                               
wanted to  know more about the  hydrogen production and if  it is                                                               
being generated where it is sent.                                                                                               
                                                                                                                                
2:09:34 PM                                                                                                                    
SENATOR  BUNDE  said he  didn't  want  Mr.  Kendall to  have  any                                                               
illusions that  this is  just a  resolution and  has no  force of                                                               
law.                                                                                                                            
                                                                                                                                
2:10:06 PM                                                                                                                    
PAT LUBY,  Advocacy Director, AARP,  said he has no  expertise in                                                               
gas issues, but if SJR 4  could help bring down heating costs for                                                               
older  and younger  Alaskans, he  would welcome  it. He  said the                                                               
Enstar increase  in January hit many  of his members hard  and it                                                               
has additional increase proposals before the RCA at this time.                                                                  
                                                                                                                                
He said  that consumers  in the  Lower 48 often  do pay  more for                                                               
their gas, but  their constituents are unaware of  that and don't                                                               
care. They're  worried about  what they have  to pay  each month.                                                               
Alaska  has  a means-tested  welfare  program  that does  include                                                               
utilities called  the Low Income  Home Energy  Assistance Program                                                               
(LIHEAP) and both  Senators have been very  good about increasing                                                               
the federal emergency funding for that in the past.                                                                             
                                                                                                                                
CHAIR ELLIS held SJR 4 for a CS.                                                                                                

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