Legislature(2009 - 2010)Anch LIO Rm 220

09/01/2010 01:30 PM House ENERGY


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Audio Topic
01:40:33 PM Start
01:40:59 PM Review of the Proposed Cook Inlet Natural Gas Storage (cings) Project
03:05:18 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference --
Review of the proposed Cook Inlet Natural Gas
Storage (CINGS) project
Testimony by:
Colleen Starring, President, ENSTAR;
Kevin Banks, Director, AK Division of Oil & Gas;
Bob Pickett, Chairman, RCA
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE SPECIAL COMMITTEE ON ENERGY                                                                              
                       Anchorage, Alaska                                                                                        
                       September 1, 2010                                                                                        
                           1:40 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bryce Edgmon, Co-Chair                                                                                           
Representative Charisse Millett, Co-Chair                                                                                       
Representative Kyle Johansen                                                                                                    
Representative Pete Petersen                                                                                                    
Representative Chris Tuck                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Jay Ramras                                                                                                       
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Mike Hawker                                                                                                      
Representative Craig Johnson                                                                                                    
Senator Lesil McGuire                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
REVIEW OF THE PROPOSED COOK INLET NATURAL GAS STORAGE (CINGS)                                                                   
PROJECT                                                                                                                         
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
COLLEEN STARRING, President                                                                                                     
ENSTAR Natural Gas Company                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Offered a review of the proposed Cook Inlet                                                              
Natural Gas Storage (CINGS) project.                                                                                            
                                                                                                                                
RICK GENTGES, Project Manager                                                                                                   
Cook Inlet Natural Gas Storage Alaska (CINGSA)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified and  answered questions during the                                                             
update on the CINGS project.                                                                                                    
                                                                                                                                
KEVIN BANKS, Acting Director                                                                                                    
Central Office                                                                                                                  
Division of Oil & Gas                                                                                                           
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified and  answered questions during the                                                             
update on CINGSA.                                                                                                               
                                                                                                                                
ROBERT PICKETT, Commissioner, Chair                                                                                             
Regulatory Commission of Alaska (RCA)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified and  answered questions during the                                                             
review of the CINGS project.                                                                                                    
                                                                                                                                
DANIEL SEAMOUNT, Commissioner/Chair                                                                                             
Oil & Gas Conservation Commission (AOGCC)                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified and  answered questions during the                                                             
update on CINGSA.                                                                                                               
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:40:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR CHARISSE  MILLETT called the House  Special Committee on                                                             
Energy meeting  to order at  1:40 p.m.   Representatives Millett,                                                               
Edgmon, Petersen, Johansen, and Tuck  were present at the call to                                                               
order.   Representatives Johnson and Hawker,  and Senator McGuire                                                               
were also in attendance.                                                                                                        
                                                                                                                                
 ^Review of the Proposed Cook Inlet Natural Gas Storage (CINGS)                                                             
                            Project                                                                                         
                                                                                                                                
                                                                                                                                
1:40:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT announced that the  only order of business would                                                               
be  a review  of  the  proposed Cook  Inlet  Natural Gas  Storage                                                               
(CINGS)  project.   She pointed  out that  Representatives Hawker                                                               
and Chenault  had started this  latest conversation for  the need                                                               
of regulation on gas storage by introducing HB 280.                                                                             
                                                                                                                                
1:42:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER reflected  on HB 280, and said  that he and                                                               
his staff  had canvassed the  community stakeholders in  the Cook                                                               
Inlet  to ascertain  the needs  to improve  energy security.   He                                                               
shared that  storage capacity was  the most necessary.   He noted                                                               
that the impediments  to this goal were the lack  of a statutory,                                                               
regulatory structure  which had allowed for  "de facto regulatory                                                               
obstructionism"  from   the  state   regulatory  agencies.     He                                                               
described  HB 280  as  "an exercise  in  defining the  regulatory                                                               
structure in  a manner that  allowed the stakeholders  to operate                                                               
with minimal  government interference."   There were  no mandates                                                               
placed  on   the  industry,  nor  an   overly  strict  regulatory                                                               
authority.                                                                                                                      
                                                                                                                                
1:43:48 PM                                                                                                                    
                                                                                                                                
COLLEEN  STARRING, President,  ENSTAR Natural  Gas Company,  said                                                               
that  from  the standpoint  of  utility  customers of  a  storage                                                               
service,  it  was important  that  the  facility be  economically                                                               
regulated.  She  offered her belief that HB 280  provided a clear                                                               
direction and framework  to construct the facility.   She defined                                                               
CINGSA,  Cook  Inlet  Natural  Gas Storage  Alaska,  as  a  joint                                                               
venture  agreement  between  project partners  SEMCO  Energy  (70                                                               
percent) and  MidAmerican Energy  Holdings Company  (30 percent).                                                               
She disclosed that the initial  customers will be ENSTAR, Chugach                                                               
Electric,  and Anchorage  Municipal Light  & Power  (ML&P).   She                                                               
explained some of the project  background, and projected a desire                                                               
to have the  project in service for withdrawals by  2012-13.  She                                                               
said that  CINGSA was  formed in July,  2010, and  an application                                                               
with the Regulatory  Commission of Alaska (RCA)  was filed, which                                                               
included  precedent agreements  with  customers, storage  service                                                               
agreements,   an  application   for  a   certificate  of   public                                                               
convenience, and a tariff.                                                                                                      
                                                                                                                                
1:47:14 PM                                                                                                                    
                                                                                                                                
MS. STARRING  relayed that, on  August 4,  2010, RCA had  given a                                                               
notice  to the  facility and  asked for  public comment,  and, on                                                               
August  25, the  RCA deemed  that the  application was  complete.                                                               
She  opined  that everyone  understood  the  need for  a  storage                                                               
facility in Kenai.  She pointed  out that the gas would be stored                                                               
in  a nearly  depleted reservoir,  from which  Marathon had  been                                                               
producing.   She explained  that gas would  be injected  into the                                                               
reservoir during  the summer  and would  be withdrawn  during the                                                               
peak demand in winter.                                                                                                          
                                                                                                                                
1:49:19 PM                                                                                                                    
                                                                                                                                
MS.  STARRING  detailed  the  benefits   of  the  project,  which                                                               
included reliability and deliverability.                                                                                        
                                                                                                                                
1:49:40 PM                                                                                                                    
                                                                                                                                
RICK  GENTGES, Project  Manager, Cook  Inlet Natural  Gas Storage                                                               
Alaska (CINGSA),  offered a history  of gas storage,  noting that                                                               
the first  facility opened in 1915.   He stated that  gas storage                                                               
had  a safe  operating  history,  and there  were  more than  400                                                               
facilities  storing  more  than  4 trillion  cubic  feet  of  gas                                                               
currently  operating in  the  lower  48.   He  estimated that  75                                                               
percent of the  stored gas was used in an  average winter, during                                                               
peak  demand times.   He  explained the  criteria for  a suitable                                                               
storage  reservoir, which  included  a  porous, permeable,  well-                                                               
defined subsurface structure that would  allow gas to be injected                                                               
during the  summer core  period and  depleted during  the winter.                                                               
He  noted  that an  ideal  facility  is  a  depleted oil  or  gas                                                               
reservoir,  which constitutes  about  90 percent  of the  current                                                               
reservoirs.   He  mentioned salt  cavern facilities,  which allow                                                               
for high injection and withdrawal  rates, but he noted that there                                                               
are  none  in  Alaska.    He explained  that  the  water  bearing                                                               
sandstone  aquifer  facilities  also  allow  gas  injection,  and                                                               
constitute 7-8 percent of the  reservoirs.  He specified that the                                                               
CINGS project was in a  depleted gas field reservoir, the Cannery                                                               
Loop  Sterling, which  originally  contained  about 26.5  billion                                                               
cubic feet of  gas.  He pointed out that  the reservoir underlies                                                               
the Kenai River,  so all the wells are  directional drilling from                                                               
on-shore.   He reported  that five new  directional wells  from a                                                               
single on-shore well location will  be drilled for injections and                                                               
withdrawals.   He noted that  a compressor station would  also be                                                               
built  to pump  the gas.    He presented  a  photo of  a 15  acre                                                               
storage field, as  an example, and pointed out the  7 acre gravel                                                               
pad for  the compressor station  and other buildings,  with roads                                                               
and gravel  areas for the  wells covering an additional  7 acres.                                                               
He said  the CINGS facility  would be a  similar size.   He noted                                                               
that the  facility would have  a "high degree of  automation" and                                                               
that everything  would be monitored on  a "real time basis."   He                                                               
displayed  an  aerial  photograph  with hash  marks  showing  the                                                               
actual boundary  of the underground storage  reservoir, including                                                               
a 1/4 mile buffer area.                                                                                                         
                                                                                                                                
1:57:27 PM                                                                                                                    
                                                                                                                                
MR.  GENTGES,  pointing  to  the  photo,  indicated  the  7  acre                                                               
compressor station, and  the well pads for 5 wells.   He detailed                                                               
the  project  considerations,  which included  selection  of  the                                                               
reservoir and placement of the  surface facilities.  He explained                                                               
the  considerations for  local  neighborhoods, traffic  patterns,                                                               
and  proximity to  existing infrastructures  to ensure  a minimal                                                               
impact on  the community.   He said environmental,  cultural, and                                                               
local community impacts were reviewed,  so the compressor station                                                               
and the  well pad will be  built on upland areas  to minimize the                                                               
wetland impact to  be less than 1/2 acre and  to be near existing                                                               
pipelines to minimize the need for more pipeline construction.                                                                  
                                                                                                                                
2:00:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  EDGMON  asked  if  it   was  necessary  to  build  more                                                               
pipelines.                                                                                                                      
                                                                                                                                
2:00:38 PM                                                                                                                    
                                                                                                                                
MR. GENTGES said  that an existing Marathon Oil  pipeline will be                                                               
tied into,  so approximately 1400 feet  of pipe will be  built on                                                               
the highway right of way.                                                                                                       
                                                                                                                                
REPRESENTATIVE TUCK asked how the reservoir size was determined.                                                                
                                                                                                                                
2:01:29 PM                                                                                                                    
                                                                                                                                
MR. GENTGES, in response, said  that production data is analyzed,                                                               
three dimensional well drillings  are reviewed to approximate the                                                               
shape of the field, and seismic data is studied.                                                                                
                                                                                                                                
2:02:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK asked about the possibility for gas loss.                                                                   
                                                                                                                                
2:02:14 PM                                                                                                                    
                                                                                                                                
MR.  GENTGES  said  that  the design  intends  to  eliminate  the                                                               
prospect.   The operating data  will give real time  feedback for                                                               
indications  of loss.   He  noted that  its responsibility  is to                                                               
store gas  for third parties,  not own  the gas, so  they measure                                                               
the amount  of gas  entering the field,  and measure  pressure to                                                               
verify the amount of gas stored.                                                                                                
                                                                                                                                
2:03:13 PM                                                                                                                    
                                                                                                                                
MR.  GENTGES detailed  the necessary  authorizations to  include:                                                               
Division  of Oil  & Gas  for a  storage lease  and lease  plan of                                                               
operations;  Division  of Mining,  Land  and  Water; Division  of                                                               
Coastal  and Ocean  Management; Alaska  Oil and  Gas Conservation                                                               
Commission  (AOGCC)  to  review  and  approve  the  drilling  and                                                               
injection  permits;   Regulatory  Commission  of   Alaska  (RCA);                                                               
Division  of  Air Quality  for  air  permits;  US Army  Corps  of                                                               
Engineers for wetlands delineation  and evaluation; and the Kenai                                                               
Peninsula and Borough for local permits.                                                                                        
                                                                                                                                
2:05:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT asked how many permits would be applied for.                                                                   
                                                                                                                                
2:05:56 PM                                                                                                                    
                                                                                                                                
MR. GENTGES replied  that there were between 24 and  30, and that                                                               
it was  hoped the permitting  would be accomplished  by November,                                                               
2010,  with  the  surface construction  completed  by  September,                                                               
2012.    He  said  the  drilling  construction  should  begin  in                                                               
September, 2011 through March, 2012.   It was projected to inject                                                               
gas  in  May,  2012,  and  the  withdrawal  facilities  would  be                                                               
constructed during the summer of 2012.                                                                                          
                                                                                                                                
2:07:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  shared that  a goal  of HB  280 was  for a                                                               
regulatory  framework  with  minimal regulatory  conflicts.    He                                                               
shared a  concern for too  many overlapping layers  of regulatory                                                               
interference.    He announced  that  he  would continue  to  work                                                               
toward "one  stop shopping for  this sort of  permitting activity                                                               
to facilitate all the development."                                                                                             
                                                                                                                                
2:08:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  asked if  the public has  been receptive                                                               
to the project.                                                                                                                 
                                                                                                                                
2:09:14 PM                                                                                                                    
                                                                                                                                
MS. STARRING  replied that Trans  Canada had started  the project                                                               
and that the permitting was  90 percent complete when CINGSA took                                                               
over.   She stated that  the Kenai  public hearing was  very well                                                               
accepted.  She  pointed out that the facility was  good for jobs,                                                               
as well as the recognized need for gas storage.                                                                                 
                                                                                                                                
2:10:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked if  Trans  Canada  had faced  any                                                               
issues.                                                                                                                         
                                                                                                                                
2:10:45 PM                                                                                                                    
                                                                                                                                
MS. STARRING said that the transfer  of the permit package was "a                                                               
pleasant  surprise."   She agreed  that there  was still  a great                                                               
deal of  work to be done,  but opined that it  would be completed                                                               
during the projected time frame.                                                                                                
                                                                                                                                
2:11:49 PM                                                                                                                    
                                                                                                                                
MS. STARRING,  in response to Representative  Johansen, said that                                                               
there were no groups of opposition.                                                                                             
                                                                                                                                
2:12:05 PM                                                                                                                    
                                                                                                                                
MS.  STARRING  concluded  her  presentation  and  said  that  the                                                               
initial capacity was 11 billion cubic  feet (bcf) of gas, and had                                                               
been  fully subscribed  by  the  three aforementioned  customers.                                                               
She  pointed out  that there  was expansion  capability to  16-17                                                               
bcf, should there be a need for additional storage.                                                                             
                                                                                                                                
2:13:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT  asked about  the timeline  for the  current gas                                                               
contracts.                                                                                                                      
                                                                                                                                
2:13:41 PM                                                                                                                    
                                                                                                                                
MS. STARRING  said that  the UNOCAL  and Marathon  contracts were                                                               
through 2018.   She explained  that a contract with  Anchor Point                                                               
had  been approved  to  begin  in 2011.    She  said a  "non-firm                                                               
contract" with  Conoco Phillips  had been  submitted to  the RCA,                                                               
which would  meet the peaking needs.   She noted that  there were                                                               
also excess  gas options  in each  of the  above contracts.   She                                                               
said that storage  facilities should enable a better  cost to the                                                               
customers.                                                                                                                      
                                                                                                                                
2:15:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK asked  about the  new housing  subdivisions'                                                               
need for gas.                                                                                                                   
                                                                                                                                
MS.  STARRING said  that a  decline in  growth, coupled  with the                                                               
weatherization programs,  had allowed ENSTAR to  meet the demand,                                                               
with a projection  for the ability to meet a  normal growth rate.                                                               
She expressed  concern that  this was the  first winter  in which                                                               
ENSTAR did not  have all the projected gas  needs under contract,                                                               
as  peak demand  could necessitate  gas that  was not  guaranteed                                                               
available.                                                                                                                      
                                                                                                                                
2:17:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  asked  about  any  additional  cost  to                                                               
consumers.                                                                                                                      
                                                                                                                                
2:17:28 PM                                                                                                                    
                                                                                                                                
MS. STARRING  said that the project  cost was $180 million.   She                                                               
projected a $3 cost to the  customers, but the exact amount would                                                               
be determined by  the RCA.  She pointed out  that the purchase of                                                               
gas  for storage,  during the  summer,  could help  to keep  cost                                                               
increases under control.                                                                                                        
                                                                                                                                
2:19:15 PM                                                                                                                    
                                                                                                                                
KEVIN BANKS, Acting  Director, Central Office, Division  of Oil &                                                               
Gas,  Department of  Natural Resources  (DNR), stated  that there                                                               
was no  place in Alaska  for gas storage  without an oil  and gas                                                               
lease.   He explained that the  first step in the  project was to                                                               
separate  the requested  reservoir area  from the  other Marathon                                                               
leases, and then create a separate  oil and gas lease assigned to                                                               
CINGSA.  He stated that one of  the rights not included in an oil                                                               
and gas  lease was for  the storage  of outside substances,  so a                                                               
storage lease  agreement was necessary.   This storage  lease and                                                               
oil and  gas lease  will be managed  and operated  under separate                                                               
contract/lease to  CINGSA.  In  response to  Representative Tuck,                                                               
he explained  that there will  be well integrity if  the pressure                                                               
is kept less than the native pressure.                                                                                          
                                                                                                                                
2:22:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked how  many wells had Marathon drilled                                                               
into this reservoir.                                                                                                            
                                                                                                                                
MR. BANKS replied that he would get that information.                                                                           
                                                                                                                                
REPRESENTATIVE   JOHNSON  asked   if  the   integrity  would   be                                                               
maintained with the  drilling of new wells, and  was it necessary                                                               
to do  any work on the  existing wells, in order  to maintain the                                                               
integrity.                                                                                                                      
                                                                                                                                
MR. BANKS agreed  that it was necessary to  monitor the integrity                                                               
of the existing  wells.  He pointed out that  these wells did not                                                               
share  the same  reservoir area.   He  expressed support  for the                                                               
AOGCC  permitting  process.     He  mentioned  the   need  for  a                                                               
certificate  of public  convenience and  necessity from  the RCA.                                                               
He stated that the regulatory  "backstop" would lend assurance to                                                               
the public that a fair and  reasonable price would be charged for                                                               
storage.                                                                                                                        
                                                                                                                                
2:25:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  MILLETT  asked how  many  gas  storage facilities  were                                                               
currently in use.                                                                                                               
                                                                                                                                
MR.  BANKS replied  that  there  were three  others  in the  Cook                                                               
Inlet:  Pretty  Creek and Swanson River operated  by Chevron, and                                                               
Kenai Gas  Field operated by  Marathon.   He offered to  send the                                                               
capacities  for each.   He  foresaw  no major  problems with  the                                                               
remainder of the storage lease terms.                                                                                           
                                                                                                                                
REPRESENTATIVE HAWKER  asked about  the ten  year waiver  of fees                                                               
for the storage leases, followed by  a five year storage fee, and                                                               
stated  that  the intent  of  the  sponsor  was  for a  fair  and                                                               
reasonable price.   He asked  if DNR was  going to back  load the                                                               
fees to  make up  for the  loss of revenue  during the  first ten                                                               
years.                                                                                                                          
                                                                                                                                
MR. BANKS  said that he would  dissuade those fears as  there was                                                               
no deviation from other land contracts.                                                                                         
                                                                                                                                
2:29:27 PM                                                                                                                    
                                                                                                                                
MR.  BANKS reported  that the  DNR land  use planning  permit was                                                               
moving along smoothly.                                                                                                          
                                                                                                                                
2:30:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  if there  was any  compensation to                                                               
Marathon, or was the state charging twice for the permit.                                                                       
                                                                                                                                
2:31:32 PM                                                                                                                    
                                                                                                                                
MR.  BANKS  replied that  the  leased  area  is now  assigned  to                                                               
ENSTAR,  so that  Marathon  no longer  has  a leasehold  interest                                                               
therefore,  there is  no rent  or royalty  charged to  them.   He                                                               
explained  that any  excess  gas removed  from  storage would  be                                                               
billed to CINGSA.                                                                                                               
                                                                                                                                
2:32:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked if  Marathon had any opportunity for                                                               
recovery.                                                                                                                       
                                                                                                                                
MR. BANKS said they were probably compensated by ENSTAR.                                                                        
                                                                                                                                
2:33:15 PM                                                                                                                    
                                                                                                                                
ROBERT  PICKETT, Commissioner,  Chair,  Regulatory Commission  of                                                               
Alaska  (RCA), said  that  CINGSA has  made  application for  the                                                               
certificate of  public convenience and  necessity.  As this  is a                                                               
docketed matter  on a compressed  time frame, there could  not be                                                               
any procedural  missteps, so  he requested  indulgence as  he may                                                               
not  be  as  forthcoming  as  possible.   RCA  is  reviewing  the                                                               
complete application and  will begin adjudication next  week.  He                                                               
reported that  ENSTAR has requested  a determination  by December                                                               
1, 2010.  He noted that he would not speak to any of the merits.                                                                
                                                                                                                                
2:37:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT  asked if  there was  any information  about the                                                               
petitions to intervene.                                                                                                         
                                                                                                                                
MR. PICKETT said he that could not comment.                                                                                     
                                                                                                                                
CO-CHAIR  MILLETT  asked  about  the  dates  for  ruling  on  the                                                               
petitions.                                                                                                                      
                                                                                                                                
MR. PICKETT replied that adjudication was due the next week.                                                                    
                                                                                                                                
2:37:59 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT  said  that  the  reply date  for  the  comments  is                                                               
September 10, so determination would be the following week.                                                                     
                                                                                                                                
2:38:38 PM                                                                                                                    
                                                                                                                                
DANIEL  SEAMOUNT,  Commissioner/Chair,  Oil  &  Gas  Conservation                                                               
Commission  (AOGCC), offered  to  discuss the  process, and  said                                                               
that AOGCC  deals mainly with  subsurface issues.  He  noted that                                                               
AOGCC  wants to  protect the  resource, ensure  the gas  does not                                                               
escape,  and  protect  the  reservoir,  as  well  as  underground                                                               
drinking water sources.   He pointed to four things  in a storage                                                               
injection application  request: write a storage  injection order,                                                               
so applicant  must be  compliant with  the regulations;  write an                                                               
act  for exemption  order  for aquifer,  so  applicant must  show                                                               
water  is not  good for  anything else;  said that  HB 280  gives                                                               
authority to  certify storage volume  potential;   make decisions                                                               
for  drilling and  well workover  applications.   He shared  that                                                               
hearings are  scheduled for the  aquifer exemption order  and the                                                               
storage  injection order  applications on  October 9,  and it  is                                                               
required  for a  decision within  30 days.   He  said that  AOGCC                                                               
determines that  the wells have  integrity with no  leakage, that                                                               
there  are  geological confining  layers  which  contain the  gas                                                               
within the reservoir,  that the reservoir will not  be damaged by                                                               
injection of the  wrong materials or fluids, and  that there will                                                               
be special  rules setting  limits for pressure.   He  stated that                                                               
there were 18 pieces of required information for the permit.                                                                    
                                                                                                                                
2:44:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN asked  if the  old production  wells had                                                               
been capped.                                                                                                                    
                                                                                                                                
MR. SEAMOUNT said that the integrity of each well is verified.                                                                  
                                                                                                                                
2:45:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked if any  existing wells could be used                                                               
for the injection.                                                                                                              
                                                                                                                                
MR. SEAMOUNT replied that CINGSA could best answer this.                                                                        
                                                                                                                                
REPRESENTATIVE JOHNSON  asked if any  of the existing  wells were                                                               
still functioning.                                                                                                              
                                                                                                                                
MR. SEAMOUNT replied that there are.                                                                                            
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  if  using  existing  wells  would                                                               
prevent leakage and save money.                                                                                                 
                                                                                                                                
MR.  SEAMOUNT replied  that  this was  an  economic question  for                                                               
CINGSA.                                                                                                                         
                                                                                                                                
2:46:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT asked Mr. Banks  if there was the possibility of                                                               
permit consolidation for one project.                                                                                           
                                                                                                                                
MR. BANKS  replied that  his department  was trying  to determine                                                               
what is an appropriate security  for activities incurring with an                                                               
oil  and gas  lease.   He  said  that they  were  trying to  work                                                               
through the issues to create  a more streamlined bonding process,                                                               
when a single bond  may be better than a lot of  little ones.  He                                                               
said the division was working  on a fair, consistent, streamlined                                                               
process.  In response to  Representative Hawker, he said that the                                                               
number of permits was a requirement response to the Legislature.                                                                
                                                                                                                                
2:51:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT  agreed that  a dialogue  to review  the process                                                               
would be useful.                                                                                                                
                                                                                                                                
MR.  BANKS  explained  that this  project  was  with  responsible                                                               
applicants,  but it  was necessary  to be  wary of  other not  so                                                               
capable applicants.                                                                                                             
                                                                                                                                
2:52:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOHNSON   asked    if   the   remediation   bond                                                               
requirements had changed.                                                                                                       
                                                                                                                                
2:52:48 PM                                                                                                                    
                                                                                                                                
MR. BANKS replied  that there was no change in  the last 5 years.                                                               
He detailed that the required bonding  for this lease will be the                                                               
standard oil and gas lease  bonding requirements.  He opined that                                                               
remediation bonds were being contemplated for the surface.                                                                      
                                                                                                                                
REPRESENTATIVE JOHNSON asked if  there was any surface difference                                                               
on this project and had  surface remediation changed on any other                                                               
projects over the last eighteen months.                                                                                         
                                                                                                                                
MR. BANKS replied that he did not think so.                                                                                     
                                                                                                                                
2:55:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked if  any  these  issues have  been                                                               
forwarded to the Governor for introduction to legislation.                                                                      
                                                                                                                                
MR. BANKS  said that he could  not answer this as  his department                                                               
was  "in  deliberative  process with  the  governor's  office  on                                                               
topics  just like  that."    He shared  that  DNR has  identified                                                               
important issues to be solved,  and they are internally reviewing                                                               
certain  regulations  regarding  unitization and  royalty  relief                                                               
modifications.  He expressed an  unwillingness to reveal what was                                                               
being discussed with the governor's office.                                                                                     
                                                                                                                                
REPRESENTATIVE JOHANSEN asked to  ensure that specific issues are                                                               
brought  to  the attention  of  the  governor's office,  so  that                                                               
changes can be implemented.                                                                                                     
                                                                                                                                
MR.  BANKS  said that  concerns  for  natural gas  supplies,  and                                                               
bankruptcies, have  highlighted the  weaknesses and  strengths of                                                               
regulations for  the division.   He remarked  that many  of these                                                               
are just "house cleaning activities."                                                                                           
                                                                                                                                
REPRESENTATIVE   JOHANSEN   agreed   that  there   are   internal                                                               
departmental processes.                                                                                                         
                                                                                                                                
3:00:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  expressed frustration  that Mr.  Banks has                                                               
offered a dialogue, but has stated  there are many things that he                                                               
could  not  speak about.    He  asked  Mr.  Banks "what  kind  of                                                               
dialogue can we have?"                                                                                                          
                                                                                                                                
3:01:39 PM                                                                                                                    
                                                                                                                                
MR.  BANKS,  in   response,  said  that  he   that  cannot  share                                                               
everything, but that his department  has made many suggestions to                                                               
the process.   He offered to  speak with any legislators  to hear                                                               
their perception of the problems.                                                                                               
                                                                                                                                
3:02:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER expressed  his desire  for the  governor's                                                               
office   to   offer   solutions  rather   than   obstruction   to                                                               
legislation,  which   would  often  arise   due  to  a   lack  of                                                               
communication with  various agencies.   He cited an  inability of                                                               
the legislature to  engage a dialogue with  many agencies because                                                               
they "clam  up under a  cloud of executive privilege,  and that's                                                               
really what's  wrong with  the situation, and  I really  hope you                                                               
guys see that."                                                                                                                 
                                                                                                                                
3:03:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  MILLETT  expressed  hope for  honest  conversations  to                                                               
share problems, with a result being good legislation.                                                                           
                                                                                                                                
3:05:18 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special Committee on Energy meeting was adjourned at 3:05 p.m.                                                                  

Document Name Date/Time Subjects
Energy Committee Agenda 09012010.pdf HENE 9/1/2010 1:30:00 PM
Banks CINGS Talking Points 09012010.pdf HENE 9/1/2010 1:30:00 PM
(H) ENE ENSTAR Presentation 09012010.pdf HENE 9/1/2010 1:30:00 PM
Pickett RCA CINGS Hearing 09012010.pdf HENE 9/1/2010 1:30:00 PM