Legislature(1997 - 1998)

03/19/1998 05:10 PM House ECD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HOUSE SPECIAL COMMITTEE ON ECONOMIC DEVELOPMENT                              
                   March 19, 1998                                              
                     5:10 p.m.                                                 
                                                                               
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
FUEL COSTS AND THE EFFECT ON THE ECONOMY                                       
                                                                               
TAPE(S)                                                                        
                                                                               
98-2, SIDE(S) A & B                                                            
98-3, SIDE(S) A                                                                
                                                                               
CALL TO ORDER                                                                  
                                                                               
Representative Jerry Sanders, Chairman, convened the House Special             
Committee on Economic Development meeting at 5:10 p.m.                         
                                                                               
PRESENT                                                                        
                                                                               
Committee members present at the call to order were Representatives            
Sanders, Ivan, Williams, Kemplen, Hodgins, Berkowitz, Croft and                
Austerman.                                                                     
                                                                               
Also Attending:                                                                
                                                                               
Representative Vic Kohring and Senator Jerry Ward also attended the            
meeting.                                                                       
                                                                               
SUMMARY OF INFORMATION                                                         
                                                                               
Representative Sanders introduced people standing by on-line to                
testify via teleconference.  On-line was Anchorage, Fairbanks,                 
Kenai, Gakona, Kodiak and Glennallen.  Representative Sanders asked            
for their testimony on the effect of high fuel prices in their area            
of the Alaskan economy.                                                        
                                                                               
FRANK DILLON, Executive Vice President, Alaska Trucking                        
Association, stated that the trucking industry's lifeblood is                  
diesel fuel.  His company has noticed that the cost of diesel fuel             
remains higher in Alaska then outside of Alaska.  He also stated               
that the added out-of-state fuel tax is about .20 cents a gallon               
compared with the Alaska fuel tax of .08 cents a gallon, you come              
up with a fuel differential of about 92 cents per gallon outside of            
Alaska for self serve verses $1.25 in the state.  He believes that             
competition is an effective way for the market to respond to                   
pricing.  Anytime there is a reduction in the price of fuel, that              
reduction is passed on to the consumer and everybody in Alaska.  It            
definitely has a positive effect on the general quality of life.               
He is pleased to see this committee inquiring into this matter.                
                                                                               
LARRY KORDECKI once tried to institute a class action suit against             
Mapco and Tesoro regarding gasoline and diesel fuel prices.                    
Nothing came of it.  Since then, he had given up on it until                   
Representative Sanders brought attention to the issue.  He stated              
that he would have liked to have had Representative Sanders around             
four years ago when the Governor or the legislature would not even             
talk to him about this issue.  He doesn't feel that the market will            
take care of itself.  It is time for the legislature to really do              
something.                                                                     
                                                                               
DANIEL J. MAY, Polar Mining Company, did not attend but submitted              
a letter into public testimony.  The letter dealt with the large               
difference in prices of fuel refined in North Pole and available to            
consumers there.  The same fuel, which is available to consumers in            
Washington State, is less by 27 cents per gallon.  Mr. May believes            
consumers in Fairbanks are being gouged.  Legislative Assistant                
Patricia Everson read the testimony which is on file.                          
                                                                               
CHRIS BERNS, Commercial Fisherman, Kodiak, stated that he has a                
small fishing vessel and his fuel costs are about 10 percent of his            
boatload.  Everything that is done in the fishing industry is                  
driven by diesel - the boats and the processing plants.  All this              
adds up to making an already strapped industry that more burdened.             
He applauds the investigation into this matter by the                          
Representative Sanders and the legislature.                                    
                                                                               
ALAN LEMASTER, Texaco Dealer, Glennallen, stated that he would be              
available to answer questions or help in any way.                              
                                                                               
RICH CLINE, Owner, Clines Tesoro, Anchorage, stated that he is a               
retailer that has been in Alaska since 1964.  He must maintain a               
certain margin of markup to make a living and pay his expenses,                
such as tank insurance, taxes, and workmen's compensation and                  
garage insurance.  When he buys his fuel, there is an amount of                
mark up that he has to have to pay his expenses.  The price of fuel            
at his station today is $1.11 a gallon.  At Mapco in Anchorage                 
gasoline is $1.15 a gallon on one side of town and as high as $1.22            
a gallon on the other side of town.  They seem to have a .07 to .08            
cent difference in prices depending where they are located.                    
                                                                               
MR. LEMASTER stated that it costs him a quarter of a million                   
dollars to replace on pump that has six hoses.  He is a very small             
station in rural Alaska.  He doesn't have the number of gallons                
pumping out of his station per day that other stations do in                   
Anchorage or Fairbanks.  Therefore, his cost is much higher being              
that his volume is so much less.  As a result of where he lives, he            
is stuck with raising his prices more per gallon than what you                 
would pay in Anchorage.  If he dropped his prices even a penny or              
so it would cost him to run the station.                                       
                                                                               
BILL JEFRESS, representing Gold Mining in Fairbanks said his                   
company uses approximately 310,000 gallons of diesel fuel per                  
month.  He stated that oil prices are at a 10-year low but gold                
prices are at an 18-year low.  He feels that there is preferential             
charging.  It seems that a lower price is being charged to the                 
international freight haulers in Anchorage for fuel that is                    
actually refined 16 miles from Fairbanks.  His company would like              
to buy locally, but they are forced to go outside.                             
                                                                               
JERRY MCCUNE, President, Cordova District Fisherman United, stated             
that fuel prices for fisherman have been high.  The lack of                    
competition is part of the problem in some of the rural areas.  We             
should find a way to refine some of our heating fuel here.  Heating            
fuel costs are a big part of people's income in this state, even               
more so if you live somewhere like Fairbanks.  Every penny or two              
that is saved on fuel means thousands of dollars for communities,              
fishermen, processing plants and workers.                                      
                                                                               
EDDY BURKE, Anchorage Resident, stated he was a Texaco dealer for              
four years and a Chevron dealer for ten years.  He has been out of             
the gasoline retail business for one year.  From his standpoint the            
environment has changed so much in the last 15 years or so.  When              
he started his business in 1984, most gas stations were all mom and            
pop owned, they were your neighbors.  It seems when Mapco came to              
town all that seemed to change - some changes for the good and some            
for the bad.  The service station business has changed                         
dramatically.  We have stations, such as Chevron, owning their own             
facilities across the state.  It is not the independent dealers                
that are holding the profits.  Station owner profits have done                 
nothing but decrease.  We have oil companies getting rid of                    
independent mom and pop dealers.  It seems three big oil companies             
are controlling the whole market.  He believes Mapco dictates the              
prices and the other stations follow suit.                                     
                                                                               
RON KOVALIK, Fairbanks, said he has been retired for the last                  
twenty years.  He asked why only one representative in all this                
time has brought this issue up.  It almost seems as if the attorney            
general is in engaged in selective enforcement.  You don't need                
collusion to have price gouging; all you need is deaf and blind                
enforcement.  The state ought to get a little tighter about their              
royalty oil sales and tie it to the sale price of Alaska oil in the            
Lower 48.  Mr. Kovalik stated that he would like to see some of                
these antitrust laws discussed.  This government appears to be                 
bought off.  Commissioner Shively is doing the bidding if the                  
governor; he can't make these decisions on his own.                            
                                                                               
MR. BURKE referred to a Los Angeles news article stating that San              
Diego has passed legislation banning oil companies from owning                 
stations.  He thinks something along those lines should be done                
here.                                                                          
                                                                               
STEVE WORMINGTON, Vice President, Tesoro, Anchorage, started his               
testimony by stating that he would like to dispel the concept that             
Tesoro is making millions.   He gave an example of a $300 million              
investment that only profited $700,000.  He went on to say that in             
1996, Tesoro did have an improvement of $2 million, 2 percent                  
pretax profit and in 1997, we more than tripled to a 7 percent                 
return on our investment, for a total of $20 million.   Tesoro is              
extremely dollar limited.  We currently have 170 branded locations             
in the state of Alaska and he would like to state that those are               
not concentrated in the Anchorage area, as most other companies                
are.  Tesoro is throughout the state.   The majority are 35                    
companies owned and operated locations that we set the price on.               
The remainders of stations are independent dealers.  He told us of             
one of his dealers, who works about 16 hours a day, 7 days a week,             
stated If you look at his location, he is not getting rich.                    
Basically, it's a tough business.  It's predicated on what the                 
dealer can sell his product for.  Their profits are based upon                 
margin and how many gallons they sell.  The more gallons, the lower            
the margin.  He stated that generally most dealers are operating               
stations that sell well less than 100,000 gallons per month,                   
compared to the average Mapco station, per their last report that              
I saw was 177,000 gallons per month.  They are basically three                 
times the size.  He stated that it does get to the point where it              
is extremely difficult for an independent to operate his station as            
efficiently as someone who is pumping three times as much gasoline             
as he is.  He went on to state that he does believe that Mapco a               
certainly built some very nice locations, they have put a lot of               
dollars back into the economy and I think that is what the general             
public is wanting.  When asked about collusion among oil companies,            
he stated that he personally didn't want to wear a striped suit, so            
he can assure us that there is no way he is talking to anybody                 
about collusion in oil prices.  It's very clear what the impact of             
that is and I don't quite make enough money to justify wanting to              
do that to myself.  He stated that he had just come from the                   
Department of Natural Resources and said we were looking at talking            
to them about our royalty contract, which comes up next year.  The             
price is going to be the same as what is being offered to Mapco.               
The problem is the quality isn't going to be the same.  When asked             
about prices being so high when we are so close to the source, he              
responded that he believes having two refineries in the state for              
gasoline has lowered the overall cost to the Alaska consumer.  He              
stated that Tesoro supplies approximately 60 percent of the state's            
gasoline requirements, but of that, that is heavily weighted                   
towards outside the Anchorage area.  When asked when will we, the              
citizens of Alaska, actually see competition occur in the price of             
gasoline and when will we see the benefits of the market place at              
work, he replied, "If you haven't seen a drop in gasoline prices,              
then you and I are living in different places."                                
                                                                               
REPRESENTATIVE ALLEN KEMPLEN asked if Tesoro made a fairly sizeable            
profit amount from the sale of gasoline here in the state.                     
                                                                               
MR. WORMINGTON answered that it is certainly much more profitable              
then selling residue fuel in Los Angeles.                                      
                                                                               
CHAIRMAN SANDERS asked do you produce more gas than you can sell in            
the state.  Do you produce any home heating fuel?                              
                                                                               
MR. WORMINGTON answered that they do to a limited degree.  Diesel              
and home heating fuel are very similar products, so he would have              
a hard time telling us if someone was using it for home heating                
oil.                                                                           
                                                                               
CHAIRMAN SANDERS asked if Tesoro sells any diesel or very much                 
diesel fuel to Petro Marine or Delta Western.                                  
                                                                               
MR. WORMINGTON answered that Petro Marine was previously purchased             
from Tesoro until about 2 years ago.  They started purchasing the              
majority of their product from Mapco and they formed a deal in                 
Southeast, where Petro Marine has built a service station where                
they make Petro Express.  We have sold large amounts of product to             
Delta Western.  Delta Western is currently experiencing some                   
financial difficulties and we have not made sales to them recently.            
                                                                               
CHAIRMAN SANDERS asked if the Alaska public would be better served             
if you kept that gasoline in the state of Alaska and lowered your              
price and got a bigger share then the 60 percent that you currently            
have.                                                                          
                                                                               
MR. WORMINGTON answered that the problem is that Tesoro makes more             
then the state of Alaska uses.  So it really won't make much                   
difference what the price was.   He stated he would have to say                
that he has a good idea that we will trade the gasoline that we're             
shipping outside the state for crude oil and let the state sell                
that then.  He stated that he was being facetious.  We would like              
very much to sell our entire product in state and that is what we              
have started to press, we have stated that.                                    
                                                                               
REPRESENTATIVE KEMPLEN stated that when you have an excess supply,             
prices drop and demand picks up correspondingly and if your saying             
that you have excess supply of gasoline, he would expect based upon            
economics, that the price would drop and so then demand would pick             
up.  He asked why that didn't that work in this case.                          
                                                                               
MR. WORMINGTON answered that he thinks the point earlier that Mapco            
is basically the leader of pricing and he won't tell us that it's              
a matter of collusion, but when we make a price move, Mapco is                 
going to be moving to.  He further stated that if Tesoro drops                 
prices 10 cents a gallon, that Mapco will drop it that much more.              
                                                                               
CHAIRMAN SANDERS asked, "So you are telling me this whole me this              
whole thing hinges on Mapco.  If we can get a grip on Mapco,                   
everything will come down?"                                                    
                                                                               
MR. WORMINGTON answered, No sir, he was not saying that.  It hinges            
on the free market place and that he believe the price of gasoline             
does change over a period of time.  One item he would like to                  
mention here, and he apologized that he failed to mention earlier,             
everyone wants to talk about the price of crude and why we don't               
have an immediate drop in the price of gasoline.  As of the end of             
February, Tesoro had 4.2 million barrels of crude and products in              
storage, now since we have to transport the crude to the refinery              
by vessel and the associate is somewhat of an unstable means of                
transport sometimes, we have about 1.5 million barrels of stored               
crude oil.  That's a months supply.  He stated that Tesoro's prices            
in March, 1997, were $1.35, they are now in the $1.15 range.  He               
refereed to an article from the American Petroleum Institute that              
stated that October, 1997, through early March, 1998, the average              
price of gasoline throughout the United States fell from 1.254 a               
gallon to 1.075 a gallon.  We have a lag, now we could sit there               
and say the refinery on the pipeline doesn't have a lag because                
they have no inventory.  Of course, on the other side, we'll tell              
you when prices go back up and he can assure us it is when, not if,            
we will have lower cost crude in our tanks then our competition do,            
when Mapco does, so it will average out over a period of time.                 
                                                                               
CHAIRMAN SANDERS asked if they would keep the prices down for three            
months when it goes back up.                                                   
                                                                               
MR. WORMINGTON offered his apology and stated that he wants to be              
sure that we understand that he does not set the price on the                  
street at any location other then the ones that we own and operate.            
                                                                               
MR. LEMASTER asked if he could throw another factor into the                   
equation.  If I'm a Tesoro dealer and I'm paying the distributor $1            
a gallon and I mark my gas up 10 cents a gallon.  Where as the cost            
of gasoline goes down considerable, it's going to go down 20 cents,            
I'm still making my 10 cents a gallon, but my profit margin, my                
percentage of profit to my investment is considerably greater.  If             
his price goes from $1 to $1.50, and I still have to charge my 10              
cents a gallon to be competitive, then my percentage of profit goes            
down.                                                                          
                                                                               
AN UNIDENTIFIED SPEAKER replied, "You're making the same number of             
dollars but you are right, your percentage of profit is different."            
                                                                               
CHAIRMAN SANDERS stated that he thought that Mr. Wormington was                
going to be here for the meeting, so he prepared a beautiful chart             
for him, showing the prices in Anchorage, Juneau, Fairbanks and                
California.                                                                    
                                                                               
REPRESENTATIVE VIC KOHRING stated that he is not member of this                
committee but would like to have a minute to offer some remarks.               
First of all, he stated that he would like to let Representative               
Sanders know that he appreciates him scheduling this hearing and               
bringing forth this issue.  He needs to study this issue a little              
more before He can come to any definitive conclusion, but what he              
did deduce from this is that his constituents are being gouged.                
However being the pure, free market purist that he is, he really               
doesn't think that government ought to be dictating the process                
here.  He stated he doesn't think the government ought to be coming            
in and implementing laws, regulations, whatever, to control the                
free market process out there and he really thinks that it should              
be run on a supply and demand basis.  He thinks perhaps there is a             
role that the legislature can play.  If there is a problem it is               
the legislatures duty to expose it.                                            
                                                                               
REPRESENTATIVE IVAN IVAN stated that this has been a learning                  
experience for him.  Gasoline in his community is about $2.30 a                
gallon and heating fuel is around $2 but he understands that that              
might be part of the shipping cost.  He would like to call on                  
someone to explain, the effective commissioners, whoever they are,             
that are involved in the execution of regulations are statutes that            
pertain to this.  He certainly believes in the free enterprise                 
system and that's what makes the world go round.  This certainly               
has an impact on the cost of living where he comes from.  He said              
he looks forward to more meetings.  Hopefully, something will come             
out of this.                                                                   
                                                                               
REPRESENTATIVE KEMPLEN stated that he is certainly concerned by                
what he has heard at this meeting.  He is concerned that Tesoro is             
not dropping prices even though they have extra supply and Ron                 
Kovalik he made the statement that Tesoro will charge what the                 
market will bare.  It seems to him that there is something not                 
quite kosher.  Government does have a legitimate roll to play in               
enforcing the rules of the market place.  When we cut government               
budgets just for the sake of cutting government budgets we are                 
shooting ourselves in the foot and were doing a disservice to the              
citizens of Alaska, because here it seems to me is an example of               
why we have government, to enforce the rules of the game, so that              
the citizens of Alaska get a fair deal.                                        
                                                                               
CHAIRMAN SANDERS stated that he would wind it up by saying that his            
primary interest is not in the price of the crude today or the                 
fluctuation from last week or the relationship between crude in the            
last month and the price.  His question is to the price of fuel in             
Alaska over the last 25 years.  When the refineries were built in              
Alaska and the royalty crude was sold to them, the idea was that               
their was to be price benefits to the citizens of Alaska and I                 
don't see where those benefits are coming to Alaska.  Least of all             
where Representative Ivan comes from.  He questioned what he                   
getting out of his royalty oil and what are his constituents                   
getting out of their royalty oil.  He thinks that's the question               
here.  We are going to keep working on it and we will have the                 
Administration in and at some point we will have all the oil                   
companies or refineries here.  We will sit down and talk to them,              
someone is going to explain this to us.                                        
                                                                               
ADJOURNMENT                                                                    
                                                                               
The meeting was adjourned at 7:10 p.m.                                         
                                                                               
COMMITTEE ACTION                                                               
                                                                               
The committee took no action.                                                  
                                                                               
NOTE:                                                                          
                                                                               
The meeting was recorded and handwritten log notes were taken.  A              
copy of the tape(s) and log notes may be obtained by contacting the            
House Records Office at 130 Seward Street, Suite 211, Juneau,                  
Alaska  99801-1182, (907) 465-2214, and after adjournment of the               
second session of the Twentieth Alaska State Legislature, in the               
Legislative Reference Library.                                                 
                                                                               

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