Legislature(2021 - 2022)BUTROVICH 205

04/09/2021 03:30 PM Senate RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 97 STATE LAND SALES AND LEASES; RIVERS TELECONFERENCED
<Bill Hearing Canceled>
+= SB 61 OIL/GAS LEASE:DNR MODIFY NET PROFIT SHARE TELECONFERENCED
Heard & Held
*+ SB 104 GEOTHERMAL RESOURCES TELECONFERENCED
Heard & Held
-- Invited Testimony --
**Streamed live on AKL.tv**
                          SB 104-GEOTHERMAL RESOURCES                                                                       
                                                                                                                                
3:46:04 PM                                                                                                                    
CHAIR    REVAK     announced      the   consideration        of   SENATE     BILL    NO.   104                                  
"An    Act     relating      to    geothermal        resources;        relating      to    the                                  
definition        of    'geothermal        resources';        and    providing       for     an                                 
effective date."                                                                                                                
                                                                                                                                
                                                                                                                                
3:46:35 PM                                                                                                                    
STEVE    MASTERMAN,       Director,      Division      of   Geological      &   Geophysical                                     
Surveys,      Department        of    Natural      Resources,       Fairbanks,       Alaska,                                    
began    the   presentation        to  introduce      SB   104   with    a  review     of  the                                  
agenda     followed     by   a   discussion      of   the    purpose     and   key   aspects                                    
of SB 104 outlined on slide 4 that read as follows:                                                                             
                                                                                                                                
           • Modernize Alaska's geothermal exploration program                                                                
               • Greater potential for providing affordable,                                                                    
                  renewable energy to rural communities and                                                                     
                  remote natural resource extraction projects                                                                   
                 • Promote clean energy industry job creation                                                                   
                                                                                                                                
           • Align geothermal licensing with the oil and gas                                                                  
               exploration license program, thereby increasing                                                                
               feasibility for companies to develop resources                                                                 
                                                                                                                                
               • More time for a company to identify and prove                                                                  
                  resource to convert to leases                                                                                 
               • Conversion to leases based on completion of                                                                    
                  work commitment and submission of exploration                                                                 
                  plan instead of proving discovery of commercial                                                               
                  resource                                                                                                      
               • Doubles maximum acreage allowed for exploration                                                                
                                                                                                                                
           • Reforms definitions for geothermal resources to                                                                  
               focus on Commercial Use                                                                                        
               • Explicitly excludes domestic, noncommercial, or                                                                
                  small-scale industrial use from the need for a                                                                
                  geothermal license or lease                                                                                   
                                                                                                                                
MR.    MASTERMAN      deferred      further      introduction        of   SB   104    to   Ms.                                  
Paine.                                                                                                                          
                                                                                                                                
3:53:11 PM                                                                                                                    
HALEY      PAINE,      Deputy       Director,       Division        of    Oil     and     Gas,                                  
Department      of   Natural     Resources      (DNR),    Anchorage,       Alaska,     stated                                   
she   would     discuss     the   history      and   current     status     of   geothermal                                     
leasing     and   permitting      in   Alaska    followed      by  a   sectional     summary                                    
of the changes that were described in the purpose of the bill.                                                                  
                                                                                                                                
MS.     PAINE     explained       that     since      1983,     DNR     has    held     three                                   
geothermal       lease     sales     in    the    Mount     Spurr     area     and    one    on                                 
Augustine      Island.      The   commissioner        designated      the    area    in   each                                  
lease    based     on  substantial       indication       of   substantial       resources,                                     
which    called     for   a  competitive       sale    of  tracts,     and    SB  104   would                                   
change     nothing     in   that    process.      She    highlighted       that    the    only                                  
sale    that   resulted     in   on-the-ground        activity     was   in   2008   when    16                                 
tracts      on    Mount     Spurr     were     leased,      but     those     tracts      were                                  
subsequently        relinquished.        At   present,      she    said    there     are   two                                  
pending       applications        for     geothermal        exploration         prospecting                                     
permits     and    both   would     benefit     from    the   changes     proposed      in   SB
104.    DNR   issued     the    final    Best    Interest      Finding     for    the   first                                   
application        March    12,    2021    and    the    preliminary        Best    Interest                                    
Finding for the second application March 26, 2021.                                                                              
                                                                                                                                
3:54:46 PM                                                                                                                    
MS.   PAINE    directed     attention      to   the   sectional      summary     for   SB  104                                  
on slide 7 and provided a review of Sections 2, 3, and 5.                                                                       
                                                                                                                                
Section      2   has    the    first     of    several      changes     in    terminology.                                      
"License"      is   used   instead     of   "permit"      to  align    with    oil   and   gas                                  
exploration        licensing.       It   also    provides      an   explicit      exemption                                     
for    geothermal       resources      intended      for    domestic,      noncommercial,                                       
or   small-scale       industrial       use.   Finally,      the   preferential        rights                                   
provision      is   removed     as   it   is   more   relevant      to   water    rights     or                                 
other     surface      uses    that    are    not    associated       with     the   mineral                                    
estate.      Not    applying       this    to    domestic       use    further      protects                                    
private rights.                                                                                                                 
                                                                                                                                
Section     3  extends     the   term   of   the   license     from   two   years    to   five                                  
years.       Additionally,         the     lease      conversion         requirement         of                                 
commercial       discovery       and    development       plan    is    replaced      with    a                                 
work    commitment      and   exploration       plan.    The   work   commitment       is  the                                  
current     standard      for   oil    and   gas   leasing.      A  work    commitment       is                                 
expressed       in   dollars     of    direct     exploration       expenditures.         This                                  
provides       more     flexibility         than     a    finite      definition        of    a                                 
commercial quantity discovery.                                                                                                  
                                                                                                                                
MS.   PAINE    skipped     to   Section    5   and   explained     the   maximum     acreage                                    
in   a  geothermal      lease    is   increased     from    51,200    to   100,000     acres.                                   
The    definitions       for   geothermal       fluids     and    geothermal      resources                                     
are   modernized      to   account     for   changing     technology       and   it  removes                                    
temperature requirements currently in statute.                                                                                  
                                                                                                                                
MS.    PAINE     advised      that     the    foregoing       was    a   summary      of   the                                  
sectional analysis.                                                                                                             
                                                                                                                                
3:57:37 PM                                                                                                                    
SENATOR      STEVENS      noted     that     the    federal      government        does    not                                  
recognize       hydropower       as    renewable       energy,      and    asked     whether                                    
geothermal is considered renewable.                                                                                             
                                                                                                                                
MR.   MASTERMAN      answered      that   the    Agile    Act   [that    passed     in  2019]                                   
recognized geothermal energy as a renewable energy source.                                                                      
                                                                                                                                
SENATOR STEVENS expressed appreciation for the information.                                                                     
                                                                                                                                
3:58:23 PM                                                                                                                    
SENATOR     KIEHL     asked    how    the   helium     that    comes    up   with    the   hot                                  
water     would      be    treated      in     the    redefinition         of    geothermal                                     
resources.        He    noted     that     the    current      definition        explicitly                                     
excludes helium, but the new definition does not.                                                                               
                                                                                                                                
MR. MASTERMAN deferred the question to Ms. Paine.                                                                               
                                                                                                                                
3:59:10 PM                                                                                                                    
MS.    PAINE    said     she    would    send    follow      up   information        to   help                                  
explain     how   helium     would    be   treated     when   it   is   removed     from   the                                  
new definition.                                                                                                                 
                                                                                                                                
CHAIR    REVAK    asked    her   to   send    the   information       to   his   office    and                                  
it would be distributed to the committee.                                                                                       
                                                                                                                                
3:59:41 PM                                                                                                                    
SENATOR      KIEHL    ask    what    notice     and    opportunity       a   surface      land                                  
owner     would    receive      if   geothermal       prospecting       or   drilling      was                                  
planned     for    underneath      their     land,    since    the    bill    removes     that                                  
preference right.                                                                                                               
                                                                                                                                
MS.   PAINE    answered     that    the   current,     robust     public    process     would                                   
not   change    with    passage     of  SB   104.   In   that   process,      the   director                                    
must    issue     a   written      Best    Interest      Finding      (BIF)     that    finds                                   
disposal      of  the   land    is   in  the   best    interest     of   the   state.     When                                  
an    application        is    received,       notice      and    the     opportunity        to                                 
comment     goes    out   to  affected      communities,       municipalities,         Native                                   
organizations,          and    landowners.        Once     the    preliminary        BIF     is                                 
published,        interested        parties       have     another       opportunity         to                                 
comment.                                                                                                                        
                                                                                                                                
SENATOR     KIEHL     asked    if   the    notice     is   sent    specifically       to   the                                  
owner of record of the surface parcel.                                                                                          
                                                                                                                                
MS.    PAINE     answered      that     letters      are    not    sent    to    individual                                     
landowners       but   notice    is   sent    through     multiple      public    venues     in                                 
the    area    including       local    organizations,         the    post     office,     and                                  
media outlets.                                                                                                                  
                                                                                                                                
4:02:26 PM                                                                                                                    
SENATOR MICCICHE joined the committee.                                                                                          
                                                                                                                                
MR.   MASTERMAN      directed      attention      to   the   maps    on   slide    9  of   the                                  
geothermal       system     associated       with    Mount    Spurr.     The    map   on   the                                  
left    provides      a   regional      view    of   Mount     Spurr    with    a   volcanic                                    
vent    and   hot   springs      on  either     side,    Cook    Inlet    in   the   center,                                    
and   Anchorage       on   the   right.     He   pointed     to   the    power    lines    and                                  
roads    and   explained      that    Mount    Spurr    is   about    35   miles    from   the                                  
power    grid    and   road   system     so   a  spur   line    and   access     road   would                                   
be required if these systems are found commercially viable.                                                                     
                                                                                                                                
MR.   MASTERMAN       said   the    map   on   the    right    of   slide    9   provides     a                                 
close-up     of   the   hot   springs     and   volcanic     vent    as  well    as  the   two                                  
permit     areas     that    GeoAlaska      and    Razor    Geothermal       applied      for,                                  
both    of  which    are   in   the   immediate      area    of   the   hot   springs.     The                                  
close-up      also     shows    the    holes     Ormat     drilled      on   the    southern                                    
flank     of    the    volcano      in    2008.     [This     is    referenced        in   the                                  
leasing/permitting history on slide 6.]                                                                                         
                                                                                                                                
4:05:05 PM                                                                                                                    
MR.   MASTERMAN      explained      that   the   shaded     areas    on  the   map   reflect                                    
the    geology      of    the    area.     The     green     areas     reflect      Tertiary                                    
sediments      in   the   west    foreland      formation,       which    is   a  series     of                                 
conglomerates.         The    areas    in    different      shades     of   pink     are   the                                  
volcanic      rocks    and   intrusive      rocks    associated       with    Mount    Spurr.                                   
He   described      the    geology     in    the   area    as   somewhat      complicated.                                      
Both    the   Capps    Glacier     fault    and   the   Lake    Clark    fault    are   major                                   
geological      features      that   have    considerable       offset.     He   said   Ormat                                   
drilled     on   the   southeast      side    of  the   Capps    Glacier      fault    and   it                                 
was   a  dry    hole.    They   drilled     through      the   shallow     volcanic     rocks                                   
into    the   underlying       sedimentary       rocks    but   never    intersected       any                                  
water    or   rocks   that    were   even    warm.    They   drilled     in   the   area   for                                  
a reason but it was a 100 percent miss.                                                                                         
                                                                                                                                
He   said    the   new   explorers       have   that    information       but    they   still                                   
have    the   tough     task    of   finding     the   right     fault    and    tracing     it                                 
back    to    the    geothermal       reservoir       that    is   sourcing      the    Mount                                   
Spurr    Hot   Springs.     It   may   take   the   geologists       a  number    of   summer                                   
seasons      to    do   the     geologic      mapping      and    geophysical        surveys                                    
before     they    start    drilling.      These     companies      also    need   a   fairly                                   
large    tract    of   land.    The   holes     Ormat    drilled     were    approximately                                      
4-5   miles     away   from    the    surface     expression      of   the    hot   springs,                                    
so   5-6    miles    on   either     side    of   the    surface     expression       is   not                                  
unheard of to locate the reservoir.                                                                                             
                                                                                                                                
MR.    MASTERMAN       asked    if    there     were    any    questions       about    Mount                                   
Spurr.                                                                                                                          
                                                                                                                                
4:09:03 PM                                                                                                                    
SENATOR     KAWASAKI      asked    for   an   explanation       of  the    mechanics      of  a                                 
reservoir for a geothermal field.                                                                                               
                                                                                                                                
MR.    MASTERMAN      answered      that     a  geothermal       resource      is    a  fluid                                   
like    oil   and   gas,    but   the   companies      are   looking     for   a  reservoir                                     
of   high    flow     high    temperature       water,     which     comes     from    ground                                   
water    that    is   heated     by   a   volcano.      Similar     to   oil    and   gas,    a                                 
geothermal       reservoir      is   often     hosted    in   porous     rock    but    it   is                                 
volcanic      rock    that   is   sufficiently        porous     to   provide     a  conduit                                    
for     the    hot     water     migration.        Faults      also     host     geothermic                                     
resources.      They    provide     a  mechanism      for   fluid    to  migrate     through                                    
the   rocks,    picking     up   heat   as   it  makes    its   way   to   the   surface     or                                 
into   a   bore   hole.    He   noted    that   unlike    an   oil   and   gas   reservoir,                                     
the    rocks     surrounding       a   geothermal       reservoir       are    hot    so   any                                  
water     that     flows     back     into     that     system      will     recharge      the                                  
available resource that can then be extracted.                                                                                  
                                                                                                                                
4:11:44 PM                                                                                                                    
SENATOR     KAWASAKI      asked    what   happens     if   more    than    one   company     is                                 
drawing on the same geothermal reservoir.                                                                                       
                                                                                                                                
MR.    MASTERMAN       offered      his    understanding        that     the    same    rules                                   
would     apply     as    for    oil    and    gas    leases.      The    boundaries       are                                  
vertical      and   the   details     of   who   owns   what    part    of  the   reservoir                                     
have     to   be    worked      out,     but    one    company      cannot      suck    their                                   
neighbor's       reservoir       dry.     This    would     apply     to   GeoAlaska       and                                  
Razor    Geothermal       whose     applications       are    for   adjacent      areas.     If                                 
the     reservoir        straddles        the     boundary,       resolution         of    the                                  
competing interests would be necessary.                                                                                         
                                                                                                                                
4:13:09 PM                                                                                                                    
SENATOR      STEVENS     asked     how    the   power     generated      at    Mount    Spurr                                   
would get to market.                                                                                                            
                                                                                                                                
MR.   MASTERMAN      explained      that    a  power    plant     would    be   constructed                                     
close    to   the   drill     holes    and   the    electricity       that    is  generated                                     
would    be   carried     on   a   short    intertie,      presumably       to   the   Beluga                                   
power plant and then into the Railbelt electrical network.                                                                      
                                                                                                                                
SENATOR     STEVENS     asked   the   location      of  the   Beluga    power    plant.                                         
                                                                                                                                
MR. MASTERMAN replied it is a little north of Tyonek.                                                                           
                                                                                                                                
4:14:44 PM                                                                                                                    
MR.    MASTERMAN       directed      attention       to   the    maps    of    Pilgrim     Hot                                  
Springs     on   slide    10,   the   left    of  which     shows    the   geologic     units                                   
in   the    region.     Pilgrim      Hot   Springs      is   in   the   center     with    the                                  
Graphite       Creek      project       to    the     west.      It    is     the    largest                                    
undeveloped        graphite      resource      in   the    nation     and    will    require                                    
about     6  megawatts       of   power    if    it   goes    into    production.       Nome,                                   
which    is    to   the   south     along    the    Bering     Sea,    currently      has    an                                 
equivalent      power     demand.     He  noted     that   the   heavy     black    lines    in                                 
the   vicinity      of   Pilgrim     Hot   Springs      and   west    to   Graphite     Creek                                   
reflect     fault     lines.    Over    geologic      time    the   faults     have    caused                                   
the   area    to   the   north    to   drop    and   develop     into    a  basin    several                                    
thousand     feet    deep,    much   like    the   basin    in  Nevada.     He   said   these                                   
faults     may    play    a  critical      role     in   the   geothermic       picture      at                                 
Pilgrim Hot Springs.                                                                                                            
                                                                                                                                
4:16:47 PM                                                                                                                    
MR.   MASTERMAN      directed      attention      to   the   close-up     of   Pilgrim     Hot                                  
Springs     on   the   right    and   said    the   black    box   reflects      the   extent                                   
of   the   geothermal       exploration       in   the   area.    Thus    far,    90   degree                                   
centigrade       water     has    been     identified       at    about     300    feet    and                                  
cooler    water    beneath     that.    That    is  an   indication      that    the   source                                   
of   the   hot   water    is  not   directly      below   the   hot    springs.     Locating                                    
the   reservoir      will   require     further     exploration       and   for   a  company                                    
to   be    interested       in    doing     that    it    would     want    a   large     land                                  
position      and   time    to   do   the   exploration        work.    He   said    that    is                                 
the reason for the proposed changes to the existing statutes.                                                                   
                                                                                                                                
4:21:50 PM                                                                                                                    
SENATOR     STEVENS     asked    if   DOR   was   involved      in   the   permitting      and                                  
leasing     of   the    very   costly,      failed    geothermal       plant     in  Naknek.                                    
He said he would like to know what went wrong.                                                                                  
                                                                                                                                
MR.   MASTERMAN       replied     that    was   before     his   tenure,     but    he  would                                   
follow up with information about the project.                                                                                   
                                                                                                                                
SENATOR     STEVENS     asked    if  he   was   correct     in  assuming      that   DNR   was                                  
involved in the permitting and leasing.                                                                                         
                                                                                                                                
4:23:24 PM                                                                                                                    
MS.    PAINE     answered      that    DNR    did    not    lease     or    license     those                                   
lands, but she and Mr. Masterman would look into it more.                                                                       
                                                                                                                                
4:23:56 PM                                                                                                                    
SENATOR      STEVENS      said    he    was    pleased      the    department       was    not                                  
involved       but    he    would     appreciate        follow      up    information        to                                 
understand what went wrong.                                                                                                     
                                                                                                                                
CHAIR REVAK asked Jeremy Price to provide brief testimony.                                                                      
                                                                                                                                
4:24:54 PM                                                                                                                    
JEREMY      PRICE,     Commissioner,         Alaska      Oil    and    Gas    Conservation                                      
Commission         (AOGCC),        Anchorage,         Alaska,       stated       that      the                                  
department       worked    with    the   commission       to   ensure    the    definitions                                     
in   Titles    41   and   38   were    aligned.     He   expressed      appreciation       for                                  
DNR's efforts and stated support for SB 110.                                                                                    
                                                                                                                                
SENATOR      MICCICHE      asked     Mr.    Masterman       why,    once     a   geothermal                                     
resource     is   used,    it   is  reinjected      into    the   reservoir      instead     of                                 
another location.                                                                                                               
                                                                                                                                
4:26:13 PM                                                                                                                    
MR.    MASTERMAN      answered      that    from    a   permitting       perspective,        it                                 
would     be    easier     to    reinject       the    water     into     the    reservoir.                                     
Because     the   water    would    still    be  warm,    it   would    take   less    energy                                   
to   bring    it  back    up  to   temperature      to   be  reused.     He   described      it                                 
as a loop.                                                                                                                      
                                                                                                                                
SENATOR     MICCICHE      said   he   assumes     the   magma     is  recharging       faster                                   
than the heat from the reservoir is depleted.                                                                                   
                                                                                                                                
MR. MASTERMAN answered that is generally correct.                                                                               
                                                                                                                                
CHAIR REVAK thanked the presenters                                                                                              
                                                                                                                                
4:27:37     PM                                                                                                                
CHAIR    REVAK    opened     public    testimony      on   SB   104;    finding     none,    he                                 
closed public testimony                                                                                                         
                                                                                                                                
4:28:00     PM                                                                                                                
CHAIR REVAK held SB 104 in committee for further consideration.                                                                 

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