Legislature(1995 - 1996)

04/18/1996 05:10 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
          SB 318 NORTH STAR OIL & GAS LEASE AMENDMENT                         
                                                                              
 The following is a verbatim transcript of testimony taken on SB
 318.                                                                          
                                                                               
  CHAIRMAN LEMAN:                                                              
  We'll next take up SB 318.  The Committee adopted, yesterday,                
 a Resources Committee substitute and we obviously do not have right           
 now enough people to adopt any other amendments or to report the              
 bill from this committee.  I think others will be coming shortly.             
 At least that's my understanding.                                             
  I'll note that we have Eric Luttrell from BP on line and                     
 Commissioner Shively was just here and has just stepped out, but              
 what I'd like to do is, since the CS is essentially is in three               
 sections.  There are findings of fact, findings of conclusion, and            
 then there's the section on the amended agreement.  I'd like to go            
 through at least the first part that I think we can do now, if all            
 the others are showing up and step through each article of the                
 findings of fact and make sure that what we heard and read is                 
 correct.  I didn't want to misrepresent anything in the findings              
 that was other than what was said.                                            
  I recognize that in some cases when your taking directly off                 
 a transcript, there's words that are said in a different order when           
 you're speaking that make sense and when you read it in writing               
 don't make so much sense and I'm perfectly willing to pick up those           
 types of corrections to clean it up a little bit if we can as we go           
 along.  Because I find that there are a few awkward statements made           
 that at the time they were being said I didn't think they were                
 awkward, but they seem awkward in reading them.  Having said that,            
 I'd like to first see if there's any comments on article one, the             
 State's net profit sharing history of the Northstar leases before             
 unitization.                                                                  
  Commissioner Shively, are you going to be representing the                   
 department here today?  Is there anything in that first article               
 that you want to comment on.                                                  
  COMMISSIONER SHIVELY:                                                        
  Mr. Chairman, for the record, my name is John Shively.  I'm                  
 the Commissioner of Natural Resources.  To be fair, we have not had           
 time to do a complete analysis of a 40-page committee substitute              
 for a three page bill.  And so I don't want to mislead you or                 
 anyone else into saying that we're prepared to complete the                   
 exercise that you want to go through tonight.  I believe that we do           
 have Ken Boyd, Patrick Coughlin, and Kevin Banks at the LIO in                
 Anchorage, but I would like to make some general comments, if                 
 that's acceptable.                                                            
  CHAIRMAN LEMAN:                                                              
  O.K.                                                                         
  COMMISSIONER SHIVELY:                                                        
  I think that in general section one of the bill, although it                 
 captures some of what was said is unnecessarily of one-sided                  
 portrayal of not only what we testified to, but what the facts are.           
 In addition, then, in at least a couple places the material that we           
 delivered to the committee, either in writing or in testimony, has            
 been inaccurately portrayed.  And I think most importantly the                
 whole discussion of section one ignores the down side to the State            
 almost totally which is a big part of why we have this agreement in           
 front of you.                                                                 
  So, if you want to start through paragraph by paragraph, I                   
 believe that Mr. Coughlin will be prepared to tell you those                  
 paragraphs we have some questions with and I would be prepared to             
 help.  I don't know how valuable the exercise is at this point                
 given that, as I understand it, the sort of critical part, the                
 rewrite of the agreement is not acceptable to BP and therefore the            
 legislation is not acceptable.  But we're willing to do whatever              
 you would like.                                                               
  In the interest of time I would suggest that at some time                    
 tomorrow we probably could have in writing those places where we              
 think there are misstatements of what we provided the committee and           
 where we think there are omissions.                                           
  CHAIRMAN LEMAN:                                                              
  That would be fine with me and we don't have enough people                   
 here to move the bill today and I'm not interested in rushing a               
 bill through that does not accurately portray what is fact.                   
 Certainly holding it till tomorrow will help accomplish that.                 
  My understanding in talking with Mr. Luttrell just a few                     
 minutes ago was that, while BP may have some problem with the                 
 presentation of the findings, they do not object to having findings           
 and so that's why I was interested in stepping through and                    
 determining what is factual, what is not, and if it is one sided,             
 then, perhaps, inserting those things that, if you're concerned               
 about, we can insert other things and make it less one sided, if              
 that is indeed the case.                                                      
  COMMISSIONER SHIVELY:                                                        
  I think there is one other sort of substantive problem.  There               
 are some things in here which we believe were not ever put in the             
 record, unless the committee has other material.  So, that's                  
 another problem that we've seen.  There are areas that have been              
 covered that as far as we know were not in the record.                        
  CHAIRMAN LEMAN:                                                              
  You'll be able to identify those?                                            
  COMMISSIONER SHIVELY:                                                        
  Yes.                                                                         
  CHAIRMAN LEMAN:                                                              
  O.K. Do you have anything else? Questions?                                   
  CHAIRMAN LEMAN:                                                              
  Mr. Luttrell was there anything you would like to say now.  We               
 do have the letter from you that I was just shown minutes ago.                
 Would you prefer to hold off and step through or provide us some              
 other response, point by point on the findings or tomorrow or do              
 you want to do that today or what's your pleasure?                            
  ERIC LUTTRELLL:                                                              
  My name for the record is Eric Luttrell.  I am the   Vice                    
 President of Exploration and Development for BP in Alaska.  I'm not           
 actually prepared today to have any long conversations about the              
 findings about section one, about the findings of fact.  As you               
 know, I told you on the phone we do not see the necessity to have             
 that.  If this is something that you think we should, however, be             
 responding to, we will take the time over the next couple of days             
 to go through that carefully to ensure that we correct the                    
 inaccuracies that we also saw in the initial reading of it.                   
  As I said to you before, I thought it was only appropriate and               
 - that the legislature put findings in here, particularly findings            
 of conclusion.  And I note that I've seen a document from one of              
 the Senators suggesting some additional language in the findings of           
 conclusions and I would encourage and work with the legislature to            
 ensure that those are accurate representative [indisc] of the                 
 legislature.                                                                  
  CHAIRMAN LEMAN:                                                              
  O.K., just trying to think in the interests of time, if you                  
 need a couple of days, that may put us beyond tomorrow and would              
 mean that we probably get the information, perhaps, some time over            
 the weekend and could deal with this bill on Monday.                          
  SENATOR PEARCE:                                                              
   Did I miss something?  I read the letter to say that if there               
 are any changes, BP won't accept it.  So I don't know why we're               
 bothering with the findings.                                                  
  MR. LUTTRELL:                                                                
   If you would like, I will read my letter into the record, if                
 you so choose and comment about the letter itself.                            
  CHAIRMAN LEMAN:                                                              
  O.K., please do, probably not everybody in the room or people                
 listening have a copy of the letter.  So go ahead.                            
  MR. LUTTRELL:                                                                
   For the record, Mr. Chairman and members of the committee, BP               
 has reached a negotiated agreement with the State of Alaska to                
 amend the Northstar unit leases.  The legislature has been asked to           
 consider and ratify that agreement.  Ratification will lead to the            
 early development of Northstar to the mutual benefit of both Alaska           
 and BP.                                                                       
  The CS or committee substitute has altered the agreement                     
 attempting to reopen negotiations.  All of the areas of the                   
 original agreement which have been amended in the CS version are              
 areas which were carefully discussed and negotiated to arrive at              
 the balanced agreement. Both we and the DNR sought to explain to              
 your committee the reason for our - for these conclusions.                    
  BP will not reopen the negotiations and cannot agree to                      
 changes.  To be clear, BP and its contractors have heard the                  
 concerns of the legislature over local hire and we reaffirm our               
 public commitment to maximize job opportunities for Alaskans and              
 Alaskan contractors represented by Northstar development.                     
  CHAIRMAN LEMAN:                                                              
  Mr. Luttrell, do you have just a general opposition to what                  
 you call reopening negotiations or do you have specific response to           
 the changes that we are proposing to make in this agreement.  You,            
 know the changes we're proposing, in my opinion, represent what was           
 presented to us in committee.  At least, it's our interpretation of           
 what was said in committee or presented to us and did not change              
 the substance of the agreement.  We haven't changed the terms, the            
 monetary terms.  We have changed the effective date and we did                
 change, as I alluded to earlier, the section on local hire just, it           
 just says to the extent allowed by law and then it, you know, I               
 think it helps clarify that language.  It provides a little more              
 comfort for committee members.  But otherwise I believe that                  
 everything else is consistent with the testimony and the                      
 presentations.                                                                
  If we have inaccurately interpreted that, I'd like to know                   
 those specific areas.  Otherwise, I'm wondering if there are fixes            
 we can make to it that would cause you to move from the position or           
 if there really are not changes we can make that would cause that.            
 Is it you're saying it's either that agreement or none.                       
  MR. LUTTRELL:                                                                
   Well, as we have discussed on several occasions, our concern                
 is that once we open Pandora's box of making changes in the                   
 agreement, we'll be negotiating with 60 different people over the             
 next three weeks and we don't think that's a practical way to go              
 forward.                                                                      
  As I said in my letter, we had worked most of these issues                   
 very, very carefully both with the Department of Natural Resources            
 and the Department of Law and feel as though they have been address           
 as effectively as practical in the agreement.  So our position                
 would be that we would like to see no changes in the amendment to             
 the lease, itself.  We are, as I said before, very open and have              
 expected that the legislature would make changes to the findings.             
  CHAIRMAN LEMAN:                                                              
  Commissioner, do you have anything else to add and then I'll                 
 just...                                                                       
  COMMISSIONER SHIVELY:                                                        
  Mr. Chairman, just one in terms of for the final change on                   
 page 40 where they - you ask that I deliver a letter to the revisor           
 of statutes confirming that BP Exploration or its parent entity has           
 made an irrevocable commitment to full funding.  I cannot believe             
 that any company would make a fully irrevocable commitment.  As               
 things go along, there may be a variety...so I think that's a                 
 standard that I probably cannot meet.                                         
  CHAIRMAN LEMAN:                                                              
  What does project sanction mean to you?                                      
  COMMISSIONER SHIVELY:                                                        
  Project sanction, to me, means that the Board of Directors has               
 agreed to proceed with the project.  And that then BP starts                  
 spending money.  As I think you probably know from engineering                
 there may come times for a variety of situations that are outside             
 of BP's control where they may choose to stop.  So I don't want to            
 speak for them, although I have discussed this issue a little with            
 them.                                                                         
  Irrevocable means they have to proceed no matter what with the               
 spending of that money.  I don't think they will do that.  I think            
 they will spend the money if it makes sense and they want the                 
 project, but if oil drops to $6 a barrel or the pipeline has to be            
 shut down or a variety of other things, you're asking them to                 
 continue to spend money no matter what the situation is.  Although            
 I think risk of that is relatively small, it's not a risk that I              
 assume they would take.                                                       
  CHAIRMAN LEMAN:                                                              
  I don't read that they would have to continue spending the                   
 money.  I read what's on page 30 would kick in which is if you                
 don't meet the agreement, then you lose the leases which is their             
 drop dead provision that you had in the agreement.                            
  MR. LUTTRELL:                                                                
   If I could enter into this conversation briefly, Mr. Chairman.              
 I think the reason the language was written the way it was.                   
 Because the agreement was that if we fail to go forward with the              
 project, the leases would go back.  So the necessity to change the            
 language did not seem important to me.  It didn't seem like it was            
 a big deal, but the committee substitute chose to change the                  
 language and I would concur with what Mr. Shively has said.  It's             
 almost like we're changing the language for the joy of changing the           
 language.                                                                     
  CHAIRMAN LEMAN:                                                              
  Mr. Baldwin, did you have anything you wanted to add to this                 
 discussion today?  Would you be prepared at a future time to give             
 us specific comments on the findings?  We laid out here what at               
 least we believe came out of the transcripts.  It's possible.  Ann            
 does a wonderful job. I haven't seen too many people do a job                 
 that's much better and more timely.  But it is possible we could              
 have misinterpreted in pulling things out and then things could be            
 clarified.                                                                    
  MR. BALDWIN:                                                                 
   We've looked at the references to what we've advised the                    
 committee and we feel they are accurately reflected here.                     
  COMMISSIONER SHIVELY:                                                        
   Mr. Chairman, just for the record.  I did not mean to indicate              
 that any of the quotes were inaccurate.  I actually was amazed, as            
 a matter of fact, at how accurate the quotes were.  I just felt               
 that they didn't portray the entire picture that the Department               
 presented on this project.                                                    
  CHAIRMAN LEMAN:                                                              
  But if you would provide us something that maybe would help                  
 give us a clearer picture, I would certainly appreciate that.                 
  COMMISSIONER SHIVELY:                                                        
  We intend to.                                                                
  CHAIRMAN LEMAN:                                                              
  There were one or two places where, John, in your testimony I                
 thought it was just a little bit awkward to where you probably in             
 speaking paused and regrouped or something.  You know how a                   
 conversation takes place, but in writing it wasn't as clear and if            
 you could specifically look at those I could probably even identify           
 where they are and then maybe we could correct that.  That way for            
 someone else who wasn't here at the hearings, reading this at some            
 future time...                                                                
  COMMISSIONER SHIVELY:                                                        
  We will certainly try to do that, but I believe that in terms                
 of the quotes, they were very accurately captured, even if I didn't           
 make sense.                                                                   

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