Legislature(2021 - 2022)ADAMS 519

04/15/2021 09:00 AM House FINANCE

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Audio Topic
09:03:23 AM Start
09:04:04 AM HB81
10:59:24 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 81 OIL/GAS LEASE:DNR MODIFY NET PROFIT SHARE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 15, 2021                                                                                            
                         9:03 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:03:23 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Merrick called the House Finance Committee meeting                                                                     
to order at 9:03 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative DeLena Johnson                                                                                                   
Representative Andy Josephson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Sara Rasmussen                                                                                                   
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Ryan Fitzpatrick,  Commercial Analyst,  Division of  Oil and                                                                    
Gas,   Department  of   Natural   Resources;  Jhonny   Meza,                                                                    
Commercial Manager,  Division of Oil and  Gas, Department of                                                                    
Natural Resources.                                                                                                              
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 81     OIL/GAS LEASE: DNR MODIFY NET PROFIT SHARE                                                                            
                                                                                                                                
          HB 81 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
Co-Chair Merrick reviewed the agenda for the meeting.                                                                           
                                                                                                                                
HOUSE BILL NO. 81                                                                                                             
                                                                                                                                
     "An Act authorizing the commissioner of natural                                                                            
     resources to modify a net profit share lease."                                                                             
                                                                                                                                
9:04:04 AM                                                                                                                    
                                                                                                                                
RYAN FITZPATRICK,  COMMERCIAL ANALYST,  DIVISION OF  OIL AND                                                                    
GAS, DEPARTMENT  OF NATURAL RESOURCES  (via teleconference),                                                                    
introduced himself.  He thanked members for  the opportunity                                                                    
to present HB  81 which allowed for the  modification of net                                                                    
profit shares on  net profit share leases  by the Department                                                                    
of  Natural Resources  (DNR). He  introduced the  PowerPoint                                                                    
presentation:  "HB  81     Net   Profit  Share  and  Royalty                                                                    
Modifications on Oil and Gas Leases," (Copy on file).                                                                           
                                                                                                                                
Mr. Fitzpatrick  turned to slide  2. He provided  an outline                                                                    
of  the   presentation  which  was  broken   into  different                                                                    
sections.  He would  describe net  profit  share leases  and                                                                    
move  into the  reasons why  DNR believed  allowing for  the                                                                    
modification of  net profit shares in  certain circumstances                                                                    
was justified. He  would also provide the  committee with an                                                                    
overview of  the modification process  and a preview  of the                                                                    
changes  the bill  proposed. The  same modification  process                                                                    
for  royalty modifications  currently  in  statute would  be                                                                    
used  for  net profit  shares.  He  would walk  through  the                                                                    
royalty  modification process  and  explain  how that  would                                                                    
transfer  to  the modification  of  net  profit shares.  The                                                                    
presentation  would  be  an overview  of  both  the  current                                                                    
royalty modification process  and how it would  apply to net                                                                    
profit  shares if  the  bill were  to  advance. Finally,  he                                                                    
would provide the committee with  an overview of the changes                                                                    
that  were  made in  the  current  committee substitute.  He                                                                    
noted the appendix at the end of the presentation.                                                                              
                                                                                                                                
Mr.  Fitzpatrick  advanced  to  slide 3  showing  the  first                                                                    
section  on the  overview  of net  profit  share leases.  He                                                                    
advanced to  slide 4 to  discuss the royalty and  net profit                                                                    
share. He  explained that  a net  profit share  lease (NPSL)                                                                    
was an oil and gas lease  issued by the State of Alaska that                                                                    
included a net profit share  revenue component. He wanted to                                                                    
distinguish the  traditional royalty revenue  component with                                                                    
the  net  profit share  component,  because  the net  profit                                                                    
share  leases  were  a  rather uncommon  type  of  lease  in                                                                    
Alaska. He explained that a  royalty component in an oil and                                                                    
gas  lease provided  the state  with  a share  of the  gross                                                                    
production  from the  lease.  The state  took  its share  of                                                                    
royalty  without having  to consider  the  field costs.  The                                                                    
lessee was  allowed to  deduct certain  transportation costs                                                                    
to get  oil from  the lease to  market. However,  the actual                                                                    
field costs for  the development and operation  of the lease                                                                    
were not  deducted against royalty.  All of the oil  and gas                                                                    
leases  offered by  the state  had a  royalty component  and                                                                    
included NPSLs.                                                                                                                 
                                                                                                                                
Mr. Fitzpatrick  continued by explaining  that a NPSL  had a                                                                    
royalty component but also had  a separate revenue component                                                                    
called  a  net  profit  share.  A net  profit  share  was  a                                                                    
percentage of the  profits derived from the  lease. In order                                                                    
to calculate  how the  net profits  were generated  from the                                                                    
lease,  the  net  profit  share accounted  for  all  of  the                                                                    
development  expenses  incurred  to encourage  bringing  the                                                                    
lease  into  production.  They   were  accounted  for  in  a                                                                    
development  account.   From  the  moment   the  development                                                                    
expenses  were  incurred,  the  account  was  credited  with                                                                    
interest at the prime rate plus some additional percentage.                                                                     
                                                                                                                                
9:09:28 AM                                                                                                                    
                                                                                                                                
Representative  Johnson  clarified  that when  there  was  a                                                                    
lease sale  a royalty was set  and the net profit  share was                                                                    
also set.  She wondered  what mechanism would  trigger going                                                                    
beyond  the original  provision  of the  lease contract  and                                                                    
changing to  a net profit  share. She asked  Mr. Fitzpatrick                                                                    
for further clarification.                                                                                                      
                                                                                                                                
Mr. Fitzpatrick  suggested starting at the  beginning when a                                                                    
lease was  first issued.  He explained  that there  were two                                                                    
circumstances in  which a lease  could be issued with  a net                                                                    
profit share  component. Leases that were  currently offered                                                                    
by the  State of  Alaska were  traditionally offered  with a                                                                    
fixed royalty. When  the lease was put out for  bid, the bid                                                                    
variable was  a bonus bid,  a cash  bid that a  company paid                                                                    
upfront in  order to  secure the lease.  A net  profit share                                                                    
lease could be issued in two  ways. The first way involved a                                                                    
lease  containing a  fixed royalty  component,  a fixed  net                                                                    
profit  share component,  and  a bonus  bid.  The bonus  bid                                                                    
would be the bid variable.                                                                                                      
                                                                                                                                
Mr. Fitzpatrick continued  that when a lease was  put out to                                                                    
bid  the  royalty  percentage  and   the  net  profit  share                                                                    
percentage were specified. Companies  would bid based on the                                                                    
bonus bid to  secure the lease at auction. The  second way a                                                                    
NPSL could be issued was  with a fixed royalty component and                                                                    
a  variable net  profit  share component  in  which the  net                                                                    
profit share variable was the  bid variable. It would have a                                                                    
fixed  royalty,  and companies  would  bid  the highest  net                                                                    
profit share rate  in order to secure the  lease at auction.                                                                    
In looking  at the NPSLs  issued by  the state, some  had 30                                                                    
percent  fixed  net profit  shares,  40  percent net  profit                                                                    
shares,  and some  were  more exact.  In  one instance,  the                                                                    
percentage was 92.3 percent -  a result of companies bidding                                                                    
based on the net profit share bid variable.                                                                                     
                                                                                                                                
Mr.  Fitzpatrick  relayed  that   once  a  lease  went  into                                                                    
production,    the   royalty    component   began    payment                                                                    
immediately. The state took a  percentage of production from                                                                    
the lease  without any regard  for the costs  of development                                                                    
or  the  costs   of  operating  the  lease.   The  costs  of                                                                    
transportation to  get the oil  or gas to market  was simply                                                                    
deducted from  the royalty  payment. If  the state  took the                                                                    
royalty  in-kind,  alternative  transportation  arrangements                                                                    
were  made. The  royalty  payment  continued throughout  the                                                                    
production life of the lease.                                                                                                   
                                                                                                                                
Mr.  Fitzpatrick  continued that  in  the  case of  the  net                                                                    
profit share  component, the payment  would not  begin until                                                                    
later into the life of  the lease. The development costs for                                                                    
the  lease  were credited  to  a  development account  which                                                                    
earned interest  while the lease  was being  developed. Once                                                                    
the lease went into  production, the revenues generated from                                                                    
the  sales of  non-royalty  oil  and gas  (the  oil and  gas                                                                    
credited to  the lessee)  were determined  and the  costs of                                                                    
operation  of  the  lease were  deducted  from  the  amount.                                                                    
Whatever was  left over from  that amount (the  profits from                                                                    
the operation) got deducted  against the accrued development                                                                    
costs for  the lease  (the costs  incurred before  the lease                                                                    
entered production).                                                                                                            
                                                                                                                                
Mr. Fitzpatrick indicated that  once the development account                                                                    
reached zero, the  lease was considered to be  in payout. In                                                                    
other words, all of the  development costs had been recouped                                                                    
by the lessee  in addition to the interest  that had accrued                                                                    
during that time.  At that point, the  net profits generated                                                                    
from the lease  would be shared with the state  based on the                                                                    
net profit share percentage. From  the time net profit share                                                                    
payments began, the  state had two revenue  streams from the                                                                    
lease. The  royalty component continued    the  state always                                                                    
received  its royalty  share from  the  production based  on                                                                    
gross production  without regard  to the expenses.  Once the                                                                    
lease  reached  payout,  the state  also  received  the  net                                                                    
profit share payment from the same lease.                                                                                       
                                                                                                                                
9:15:06 AM                                                                                                                    
                                                                                                                                
Representative Johnson stated it  was her understanding that                                                                    
the  royalty and  net profit  shares were  set at  the lease                                                                    
sale and did not change. She  asked for a brief look-back at                                                                    
the  original lease  sales versus  present lease  sales. She                                                                    
asked if the  state was heavy on the royalty  side for early                                                                    
lease sales. She  wondered if there were any  trends in what                                                                    
the state required from its lease sales.                                                                                        
                                                                                                                                
Mr.  Fitzpatrick  responded   that  historically  the  state                                                                    
initially offered  oil and gas  leases with a  fixed royalty                                                                    
rate. The  net profit leases  were not offered by  the state                                                                    
until later.  The initial oil  and gas leases issued  by the                                                                    
state were  predominately issued  at a 12.5  percent royalty                                                                    
rate. All  of the net  profit leases currently  in existence                                                                    
were issued  in the late  1970s or early 1980s.  During that                                                                    
period, the  net profit  shares that  were issued  had fixed                                                                    
royalty rates of  either 12.5 percent or 20  percent. He had                                                                    
a   slide   containing   the  information   later   in   the                                                                    
presentation.                                                                                                                   
                                                                                                                                
Mr.  Fitzpatrick   continued  that  the  net   profit  share                                                                    
component  ranged from  30 percent  to  93.7 percent.  After                                                                    
some  experience with  net profit  share  leases, the  state                                                                    
experienced   some  difficulties   in   accounting  and   in                                                                    
development.  He would  discuss the  North Star  development                                                                    
later in the presentation. It  was determined that it was in                                                                    
the state's best  interest to revert to  issuing leases with                                                                    
fixed  royalty  rates  plus  bonus bids.  It  had  been  the                                                                    
state's  practice since  the early  1980s.  Since then,  the                                                                    
state increased the royalty rates  for oil and gas leases in                                                                    
certain  circumstances.  Whereas  the  state  had  initially                                                                    
offered oil and  gas leases at a 12.5  percent royalty rate,                                                                    
in certain  circumstances and  for currently  offered leases                                                                    
on   the   North  Slope,   the   fixed   royalty  rate   was                                                                    
16.3 percent.                                                                                                                   
                                                                                                                                
Representative Wool summarized the  comments provided by Mr.                                                                    
Fitzpatrick. He  suggested that the  net profit  share lease                                                                    
component  was  added   but  predominantly  discontinued  at                                                                    
present. He asked if he was accurate.                                                                                           
                                                                                                                                
Mr.  Fitzpatrick  responded  that  Representative  Wool  was                                                                    
mostly accurate. He clarified  that the royalty component of                                                                    
the NPSLs  was usually  at the  same rate  or a  higher rate                                                                    
than what  had previously  been offered. The  lowest royalty                                                                    
rate on  a NPSL  was 12.5  percent. Some  of them  ranged to                                                                    
higher fixed  royalty rates  in addition  to the  net profit                                                                    
share component.                                                                                                                
                                                                                                                                
9:19:41 AM                                                                                                                    
                                                                                                                                
Representative Wool  suggested that  originally there  was a                                                                    
fixed  royalty, then  for  a  while, a  royalty  plus a  net                                                                    
profit was  added creating an  additional income  stream for                                                                    
the state. He assumed the  royalty would have decreased when                                                                    
adding a net profit share. The  royalty went up along with a                                                                    
net profit  share and was  later discontinued. If  there was                                                                    
no  profit, the  net  profit component  would  be zero.  Mr.                                                                    
Fitzpatrick  had stated  that  the royalty  went higher.  He                                                                    
assumed that the  state had been in  a different negotiating                                                                    
position at the time.                                                                                                           
                                                                                                                                
Mr. Fitzpatrick  responded that looking back  at the history                                                                    
of oil  and gas production  on the North Slope,  Prudhoe Bay                                                                    
came  online in  the late  1970s and  early 1980s.  When the                                                                    
state was  issuing oil and  gas leases for  prospects, there                                                                    
was  an expectation  or  hope that  the  prospects would  be                                                                    
similarly  large finds.  In subsequent  developments it  was                                                                    
discovered that  some of  those finds  were nowhere  near as                                                                    
respective  as  hoped.  The  North  Star  prospect  was  the                                                                    
example he had  illuded to earlier. In the  late 1970s there                                                                    
was  an expectation  or  hope that  the  prospects would  be                                                                    
large fields able to bare  the higher royalty and net profit                                                                    
share component. Experience showed that  it was not the best                                                                    
way for  the state to go  about issuing oil and  gas leases.                                                                    
It was discontinued after several years.                                                                                        
                                                                                                                                
Representative  Josephson asked  if  any of  the net  profit                                                                    
share  leases had  a 16.6  percent royalty.  Mr. Fitzpatrick                                                                    
responded that any of the  currently issued net profit share                                                                    
leases had  royalties at 12.5  percent or at 20  percent. He                                                                    
did not  believe there  were any at  16.6 percent. He  had a                                                                    
slide later that  listed all of the net  profit share leases                                                                    
and their percentages.                                                                                                          
                                                                                                                                
Representative  Josephson  referred  to slide  3.  The  last                                                                    
bullet point said  the sharing of net  profits occurred once                                                                    
exploration  development  costs   allocated  to  lease  were                                                                    
recovered through revenues. He  wondered why the state would                                                                    
discount the net profit lease  once the costs were paid off.                                                                    
He suggested  the bill would  discount the net  profit share                                                                    
leases.                                                                                                                         
                                                                                                                                
Mr. Fitzpatrick replied that the  purpose of the bill was to                                                                    
allow  the department  to  reduce the  net  profit share  in                                                                    
certain  defined   circumstance.  One  circumstance   was  a                                                                    
modification that would  allow a field or pool  that was not                                                                    
currently  in production  because of  it being  uneconomical                                                                    
without a modification  to go into production.  A net profit                                                                    
share modification might also be  allowed towards the end of                                                                    
the life of  a field. It might also be  allowed if the field                                                                    
had been shut  in and a modification would  extend the years                                                                    
of its production.  Otherwise, the field would  be shut down                                                                    
due  to it  being uneconomical.  In  such a  case the  state                                                                    
could  choose to  grant  a modification  with  the hopes  of                                                                    
keeping the field in production  for a few additional years.                                                                    
If the state chose not  to grant the modification, the field                                                                    
would potentially shut down and  the state would not receive                                                                    
either the  royalty or  the reduced  net profit  share lease                                                                    
revenues.                                                                                                                       
                                                                                                                                
Representative Josephson  wanted the department to  show how                                                                    
everybody would win.                                                                                                            
                                                                                                                                
9:25:16 AM                                                                                                                    
                                                                                                                                
Representative   Wool  asked   about  production   taxes  in                                                                    
relation  to   a  net  profit   share  and   royalties.  Mr.                                                                    
Fitzpatrick  responded  that  he  had  a  slide  that  might                                                                    
address his question.                                                                                                           
                                                                                                                                
Mr. Fitzpatrick  turned to the  spreadsheet on slide  5 that                                                                    
showed the difference between royalty  and net profit share.                                                                    
It also allowed for a  description of the difference between                                                                    
the components  and the production  tax. He  reiterated that                                                                    
the royalty component  was assessed at the  lease level. The                                                                    
beginning  of payments  started with  commercial production.                                                                    
The  payment did  not  consider the  costs  of operation  or                                                                    
developments. The net profit share  was also assessed at the                                                                    
lease  level based  on  the net  profits.  The beginning  of                                                                    
those  payments  only  started when  the  net  profit  lease                                                                    
reached  a  payout  stage.  The   net  profit  share  leases                                                                    
considered field  costs. Royalty and net  profit shares were                                                                    
calculated  differently  than production  taxes.  Production                                                                    
tax  was calculated  at  the tax  payer  level and  involved                                                                    
payments  that began  at the  start of  production. Payments                                                                    
were  based mostly  on estimates.  Similar to  a net  profit                                                                    
share,  production   tax  took  costs  of   development  and                                                                    
operation into consideration.  It did so in  a different way                                                                    
than net  profit share leases.  There were  similarities and                                                                    
differences between  all three of these  revenue components.                                                                    
The profit  to the  lessee was calculated  on the  cash flow                                                                    
from  the  lease  after  all  of  the  other  payments  were                                                                    
considered.                                                                                                                     
                                                                                                                                
Mr.  Fitzpatrick  continued to  slide  6  which provided  an                                                                    
example of a  net profit share lease. It showed  some of the                                                                    
operative  language that  was  included  in this  particular                                                                    
lease. The lease  was issued to Amerada  Hess Corporation in                                                                    
1979. The second  box on the slide indicated  that the lease                                                                    
was issued where the net  profit share component was the bid                                                                    
variable.  The net  profit  share rate  was  issued at  93.2                                                                    
percent.  It  was one  of  the  leases  issued in  what  was                                                                    
presently  the North  Star Unit.  It also  had a  20 percent                                                                    
royalty component. As  he alluded to before some  of the net                                                                    
profit share leases had the  net profit share components and                                                                    
the  royalty rates  that were  higher than  those previously                                                                    
issued by the state.                                                                                                            
                                                                                                                                
9:28:55 AM                                                                                                                    
                                                                                                                                
Mr. Fitzpatrick advanced  to the graphic on  slide 7 showing                                                                    
net  profit sharing.  The slide  would help  to explain  how                                                                    
production  tax fit  into all  of the  payments and  revenue                                                                    
streams. The  slide presented a  breakdown of the  costs and                                                                    
revenues from  the production of  a barrel of oil  under two                                                                    
scenarios. The first scenario was  a traditional oil and gas                                                                    
lease  that only  included a  royalty component.  The second                                                                    
scenario was  from a lease  that also included a  net profit                                                                    
share component.  For simplicity, he  noted that he  was not                                                                    
representing oil  and gas property  tax or  corporate income                                                                    
tax  in  the  diagram  because they  were  assessed  at  the                                                                    
property level or  the tax payer level.  The revenue streams                                                                    
on the slide went more  towards the actual production of the                                                                    
oil  itself.  Between the  two  diagrams,  the bottom  three                                                                    
components   -   the    development   costs,   the   capital                                                                    
expenditures  to  bring  the   lease  into  production,  the                                                                    
operating expenditures,  and the transportation costs    all                                                                    
stayed constant  between the two  examples. They  were costs                                                                    
that were borne for the production of the barrel of oil.                                                                        
                                                                                                                                
Mr.  Fitzpatrick continued  that the  next component  up was                                                                    
the  royalty component.  The  royalty  component stayed  the                                                                    
same between the  two leases assuming that  the royalty rate                                                                    
itself  was constant  between them.  There were  examples of                                                                    
fixed royalty rate leases and  net profit share leases where                                                                    
the  royalty rate  was 12.5  percent. The  next item  up was                                                                    
production  tax which  was paid  after royalty.  However, he                                                                    
pointed out  that production tax  in the second  diagram was                                                                    
slightly smaller  than production tax in  the first diagram.                                                                    
The second diagram included the  additional net profit share                                                                    
payment.  For the  purposes of  production tax  calculation,                                                                    
the payment of  net profit share was  considered a deduction                                                                    
for the  purposes of production tax.  The additional payment                                                                    
reduced the  revenue that a  tax payer would  pay production                                                                    
tax. In  the second diagram  the state received  the royalty                                                                    
and  a  smaller  production  tax  payment.  The  state  also                                                                    
received the net  profit share payment. He  pointed out that                                                                    
the  state received  a larger  share in  the second  diagram                                                                    
than in the first diagram.                                                                                                      
                                                                                                                                
9:32:05 AM                                                                                                                    
                                                                                                                                
Representative  Wool  commented  that  Mr.  Fitzpatrick  was                                                                    
presenting  hypothetical scenarios  in which  random numbers                                                                    
were  used  that did  not  necessarily  reflect reality.  He                                                                    
noted that  on the  previous slide the  lease from  1979 had                                                                    
the highest  percentage of 93.2  percent. He  suggested that                                                                    
in the diagram  on slide 7 the royalty was  the same and the                                                                    
production tax was  less because the net  profit share could                                                                    
be deducted. If the net profit  was zero, he wondered if the                                                                    
production tax  would be  the same.  He thought  the diagram                                                                    
was misleading because the illustration  on the right looked                                                                    
lower  than the  one on  the left.  It was  slightly shifted                                                                    
down even  though Mr.  Fitzpatrick reported  that everything                                                                    
was equal to  royalty until the royalty line.  If net profit                                                                    
was  zero, he  wondered if  the net  tax would  be the  same                                                                    
because it would not be deductible.                                                                                             
                                                                                                                                
Mr. Fitzpatrick responded in  the affirmative. He elaborated                                                                    
that if  talking about  a net profit  share lease  where the                                                                    
lease  was not  in payout  and there  was not  a net  profit                                                                    
share  payment being  made, then  production  tax, all  else                                                                    
equal,  should be  the same  between the  two. He  explained                                                                    
that there  would not be  a profit share payment  that would                                                                    
be deducted in the second  diagram. He apologized he had not                                                                    
noticed the  different height of  the two barrels.  It might                                                                    
be that the  second one was slightly  smaller in comparison.                                                                    
He would look  at it after the presentation.  His intent was                                                                    
to show an apples-to-apples comparison.  He noted he had not                                                                    
attempted  to  quantify  the diagrams  based  on  particular                                                                    
dollar values. All of the  rations would change depending on                                                                    
the  ultimate   price  of  the   barrel  of  oil.   He  used                                                                    
percentages  as  an  example  for  the  slide.  It  was  not                                                                    
intended to represent any particular dollar value.                                                                              
                                                                                                                                
Mr.  Fitzpatrick moved  to slide  8  which showed  a map  of                                                                    
currently active  leases on  the North  Slope of  Alaska. He                                                                    
noted  that  the next  slide  was  the  list of  NOSLs  with                                                                    
additional details.  He highlighted that the  NPSLs that had                                                                    
been  issued on  the North  Slope were  included in  several                                                                    
different  units. All  of the  units  containing NPSLs  were                                                                    
currently  in  production.  However,   not  all  NPSLs  were                                                                    
production.   There  were   some  units   where  there   was                                                                    
production  from  the  unit  but   the  production  was  not                                                                    
credited  to  the   NPSL  because  of  the   area  that  the                                                                    
production horizon  which was actually producing  within the                                                                    
unit. It did not reach the  leases that had the profit share                                                                    
term.  Reading from  left to  right Colville  River, Kuparuk                                                                    
River, Oooguruk, Nikaitchuq, all had NPSLs.                                                                                     
                                                                                                                                
Representative  Wool noted  there were  26 active  NPSLs. He                                                                    
asked how  many leases  were non-NPSLs. Mr.  Fitzpatrick did                                                                    
not have the  exact number of non-NPSLs on  the North Slope.                                                                    
He thought  the number was in  excess of 1000. He  could get                                                                    
back to  the committee with the  number. Representative Wool                                                                    
thanked Mr. Fitzpatrick and indicated the scale was fine.                                                                       
                                                                                                                                
Representative Johnson asked  how many of the  26 NPSLs were                                                                    
non-producing.  Mr. Fitzpatrick  wanted to  continue to  the                                                                    
next  slide  that  contained the  answer  to  Representative                                                                    
Johnson's question.                                                                                                             
                                                                                                                                
9:37:08 AM                                                                                                                    
                                                                                                                                
Mr.   Fitzpatrick   indicated   that   slide   9   contained                                                                    
information  on all  of the  active NPSLs  in the  state. He                                                                    
noted  that the  righthand column  contained information  on                                                                    
whether there  was production. It  showed the  payments that                                                                    
were  generated  from the  net  profit  share component.  He                                                                    
directed  attention  to  the  third  set  of  leases.  Point                                                                    
Thompson was  the unit  that had  NPSLs that  currently were                                                                    
not  in  production. There  was  production  from the  Point                                                                    
Thomson  unit, but  the  NPSLs in  Point  Thompson were  not                                                                    
associated with  that production. There were  two other sets                                                                    
of  leases in  Kuparuk  River and  in  Nikaitchuq where  the                                                                    
NPSLs  were  in  production  but   had  not  reached  payout                                                                    
to-date. Therefore,  they had not  generated any  net profit                                                                    
share payments.                                                                                                                 
                                                                                                                                
Mr. Fitzpatrick  pointed to  the issuance  year on  the left                                                                    
side of  the slide  showing when the  NPSLs were  issued. He                                                                    
noted that  there were  a couple of  NPSLs with  an issuance                                                                    
date in  the 2000s. They  were NPSLs  were created due  to a                                                                    
subdivision  of a  prior lease.  A portion  of the  NPSL was                                                                    
created  in  the 2000s,  but  the  original lease  that  was                                                                    
subdivided was issued during the  late 1970s to early 1980s.                                                                    
He pointed to  the column showing the net  profit share rate                                                                    
for each lease. Most of them  were issued at a 30 percent or                                                                    
40 percent rate. In Duck  Island and in Point Thompson there                                                                    
were leases  that were issued with  higher percentages. They                                                                    
were a  result of lease  options where the net  profit share                                                                    
rate was the  bid variable. The royalty rates  could also be                                                                    
seen on the slide. Most of  the leases were issued at a 12.5                                                                    
percent royalty rate  with the exception of  the Duck Island                                                                    
lease and the single Point  Thompson lease which were issued                                                                    
at  a 20  percent  royalty rate.  At the  time  none of  the                                                                    
leases had  a royalty percentage  rate of 16.67  percent. He                                                                    
believed it was  after the state stopped  issuing NPSLs that                                                                    
the  16.67  percent royalty  term  became  common for  state                                                                    
issuance.                                                                                                                       
                                                                                                                                
Representative Josephson  asked why Duck Island  was treated                                                                    
differently. He wondered  why there was no  gradation in the                                                                    
bill.  Mr.  Fitzpatrick  responded  that the  bill  did  not                                                                    
contain the  gradation. However,  because the  bill inserted                                                                    
the  modification of  net profit  shares into  the currently                                                                    
existing  royalty   modification  structure,   the  existing                                                                    
structure  for royalty  modification allowed  for gradation.                                                                    
The  current structure  required the  Department of  Natural                                                                    
Resources  to make  a determination  that new  production or                                                                    
continuing production  would not  be economic  as part  of a                                                                    
modification. It would  be in the case of  new production or                                                                    
for continuing  production near  the end  of field  life. He                                                                    
believed  the  requirement  that the  department  determined                                                                    
that  the  production  would not  be  economic  without  the                                                                    
modification allowed the department to make the gradation.                                                                      
                                                                                                                                
9:42:23 AM                                                                                                                    
                                                                                                                                
Vice-Chair Ortiz  asked Mr. Fitzpatrick to  define the term,                                                                    
"non-economic."  Mr.  Fitzpatrick  replied that  within  the                                                                    
context  of the  royalty modification  statute that  existed                                                                    
presently,  the   concept  of  non-economic   or  uneconomic                                                                    
development  was a  development, either  new or  continuing,                                                                    
that was  not economic enough  for the producer to  make the                                                                    
initial  investment  or  to   continue  production  from  an                                                                    
existing field. From  the producer or the  lessee's point of                                                                    
view, the  decision not  to make the  investment or  to shut                                                                    
down production  from the  existing unit.  It looked  at the                                                                    
question of economics from the  point of view of the lessee.                                                                    
He  qualified that  the  royalty  modification, the  statute                                                                    
incorporated  the   notion  of  a  reasonable   lessee.  The                                                                    
department  would  not  necessarily  look  at  it  from  the                                                                    
profitability standpoint  of the particular lessee  that was                                                                    
applying  for  the  royalty modification.  However,  from  a                                                                    
hypothetical general reasonable lessee or producer.                                                                             
                                                                                                                                
Vice-Chair  Ortiz  asked if  it  was  accurate to  say  that                                                                    
non-economic had to do with price.                                                                                              
                                                                                                                                
Mr.  Fitzpatrick responded  that price  was a  variable that                                                                    
could  heavily influence  whether  a  project was  economic.                                                                    
Economic would also include  costs of development, projected                                                                    
operating expenditures,  the capital  structure in  place at                                                                    
the  time  whether  interest  rates were  low  or  high  for                                                                    
financing  a  development.  The  ultimate  production  would                                                                    
influence   whether  a   project   was   economical.  If   a                                                                    
development had  higher-than-expected or lower-than-expected                                                                    
production could  drive the economics. The  intention of the                                                                    
bill  was  not  to   change  the  modification  process  for                                                                    
royalties.  He noted  that one  of aspects  of the  existing                                                                    
royalty modification  statute was that in  crafting any sort                                                                    
of modification there was a  sliding scale mechanism as part                                                                    
of  any  modification. If  oil  prices  rose in  the  future                                                                    
higher  than was  expected at  the time  a modification  was                                                                    
granted, production came  online at a higher  rate, or costs                                                                    
were less  than anticipated, the royalty  modification would                                                                    
either phase out  at higher process or phase  out over time.                                                                    
The statute  as currently  enacted considered  the potential                                                                    
for those changes after the modification was granted.                                                                           
                                                                                                                                
Representative  Carpenter  asked   how  the  production  got                                                                    
associated with a particular  lease. Mr. Fitzpatrick replied                                                                    
that as a field or pool  entered into production there was a                                                                    
process of  determining where the  bottom hole of  the wells                                                                    
that  were drilled  ended up  and production  was associated                                                                    
with those well  locations. It was not  necessarily based on                                                                    
where  the wells  were  drilled, but  where  the well  bores                                                                    
existed  in  the  subsurface. Estimates  were  made  of  the                                                                    
drainage   radius  around   the   well   bore.  Once   those                                                                    
determinations were  made, the drain pattern  as compared to                                                                    
the surface  leases and allocated  on a percentage  basis to                                                                    
those  different leases.  He  invited  his colleague,  Johny                                                                    
Meza, to provide additional comments.                                                                                           
                                                                                                                                
9:47:40 AM                                                                                                                    
                                                                                                                                
JHONNY MEZA,  COMMERCIAL MANAGER,  DIVISION OF OIL  AND GAS,                                                                    
DEPARTMENT  OF   NATURAL  RESOURCES   (via  teleconference),                                                                    
responded that the explanation  Mr. Fitzpatrick provided was                                                                    
correct.  He indicated  the  division generated  percentages                                                                    
based  on  the  drainage   production  from  each  well  and                                                                    
provided  the allocation  percentage to  each of  the leases                                                                    
including NPSLs.                                                                                                                
                                                                                                                                
Mr. Fitzpatrick  reviewed the modification of  the Northstar                                                                    
Unit NPSLs through  legislative action in 1996  on slide 10.                                                                    
The slide provided  some background on one of  the issues he                                                                    
had  alluded  to  earlier   regarding  the  modification  of                                                                    
certain NPSLs  for the  Northstar Unit.  He noted  he should                                                                    
have mentioned when  he was looking at the map  and the list                                                                    
of NPSLS  a few  slides back  that neither  the map  nor the                                                                    
list of current  NPSLs included any leases  in the Northstar                                                                    
Unit. He further explained that  while some of the leases in                                                                    
the Northstar Unit were originally  issued as NPSLs, in 1996                                                                    
the legislature modified those  leases through the enactment                                                                    
of specific  legislation to change  those leases  from NPSLs                                                                    
to leases with a fixed and a variable royalty rate.                                                                             
                                                                                                                                
Mr.   Fitzpatrick  continued   that   the  slide   presented                                                                    
information on  the 4 NPSLs  that were originally  what made                                                                    
up the Northstar  Unit. They were issued in  1980. They were                                                                    
leases that were  issued with the net profit share  as a bid                                                                    
variable.  He highlighted  that the  net profit  share rates                                                                    
ranged from  a low of about  85 percent up to  93.2 percent.                                                                    
It was  the lease that  he looked  at as a  specific example                                                                    
earlier. He reported when the  leases were originally issued                                                                    
the expectation was that the  Northstar Unit was going to be                                                                    
a much  larger discovery than  it turned  out to be.  At the                                                                    
time the leases were issued  there was a bidding frenzy over                                                                    
getting the leases and bidding  high net profit share rates.                                                                    
Once additional exploration was  conducted it was found that                                                                    
the  discovery was  not as  large as  expected which  led to                                                                    
issues getting the unit into development for several years.                                                                     
                                                                                                                                
Mr. Fitzpatrick reported that  ultimately, BP approached DNR                                                                    
and  proposed development  of the  Northstar Unit  including                                                                    
the leases  listed on the  slide if something could  be done                                                                    
to  modify the  net profit  share  rates. At  the time,  the                                                                    
legislature  was enacting  the royalty  modification statute                                                                    
that  existed.  However, the  statute  did  not include  the                                                                    
authority to  modify net profit share  rates. Therefore, the                                                                    
department  initially declined  to modify  net profit  share                                                                    
rates   for   the   particular   leases.   After   continued                                                                    
discussions, a modification package  was negotiated with the                                                                    
understanding that  that package  would be submitted  to the                                                                    
legislature for the legislature's consideration.                                                                                
                                                                                                                                
Mr.  Fitzpatrick reported  that in  1996, the  Department of                                                                    
Natural Resources  and BP presented  the legislation  to the                                                                    
legislature which  modified the 4 specific  leases listed on                                                                    
the  slide.  The  legislature   considered  and  signed  the                                                                    
legislation into law. In the  end, the leases retained their                                                                    
20  percent fixed  royalty  rate. In  exchange  for the  net                                                                    
profit  share  rate,  an additional  sliding  scale  royalty                                                                    
component  was added  to the  leases based  on the  price of                                                                    
oil.  The  sliding  scale  royalty  could  range  up  to  an                                                                    
additional 7.5 percent. The royalty  component on the leases                                                                    
ranged from  a low of 20  percent to a high  of 27.5 percent                                                                    
based  on  the price  of  oil  at  any particular  time.  He                                                                    
believed that  a present, all  of the leases  were operating                                                                    
at the highest rate, 27.5 percent, based on oil prices.                                                                         
                                                                                                                                
Mr.  Fitzpatrick continued  that after  the legislation  was                                                                    
passed, it was challenged in  the courts. The Alaska Supreme                                                                    
Court   upheld   the   modification  by   the   legislature.                                                                    
Thereafter,  the Northstar  Unit went  into production,  and                                                                    
since  entering  into   production  the  cumulative  royalty                                                                    
revenue to the state (listed  in the far-right column on the                                                                    
slide) had been $1.73 billion.                                                                                                  
                                                                                                                                
Representative  Josephson asked  who initiated  the lawsuit.                                                                    
Mr. Fitzpatrick  could not  remember the  parties. He  had a                                                                    
reference  later in  the slide  packet. He  would follow  up                                                                    
with the committee with more information.                                                                                       
                                                                                                                                
9:53:55 AM                                                                                                                    
                                                                                                                                
Representative Josephson  wondered why slide 6  was included                                                                    
in the  slide deck.  He expressed astonishment  that someone                                                                    
would  allow a  bidding frenzy.  He thought  Mr. Fitzpatrick                                                                    
had reported that the  legislature essentially negotiated an                                                                    
agreement to  seriously modify the  net profit share  due to                                                                    
the bidding frenzy.  He suggested that the  example that Mr.                                                                    
Fitzpatrick  used   that  was   most  egregious   was  never                                                                    
realized. He asked if he was correct.                                                                                           
                                                                                                                                
Mr. Fitzpatrick  responded, "That's correct."  He elaborated                                                                    
that the  lease that  was issued  on slide  6 with  the 93.2                                                                    
percent  net profit  share  rate was  one  of the  Northstar                                                                    
leases  that was  modified by  the legislature.  He included                                                                    
the example  specifically to demonstrate that  in particular                                                                    
circumstances the modification of  the net profit share rate                                                                    
could  lead  to production  that  might  not otherwise  have                                                                    
occurred.  At  the  time  the  leases  were  issued  in  the                                                                    
Northstar  Unit,  the expectation  was  that  would be  much                                                                    
larger  than it  was which  was  the reason  the net  profit                                                                    
share  rates  were  bid  so high.  He  thought  the  example                                                                    
demonstrated potential  issue with  issuing NPSLs in  that a                                                                    
very high  net profit share rate  could insert circumstances                                                                    
that were  an impediment  to the development  of an  oil and                                                                    
gas unit  that otherwise  would provide royalty  payments to                                                                    
the state.  Thereafter, it  was determined  that the  use of                                                                    
bonus  bids   in  circumstances  where  there   was  a  high                                                                    
expectation, received state  money on the front  end, and on                                                                    
the  back  end  did  not   create  the  same  potential  for                                                                    
development  problems with  the leases.  It was  one of  the                                                                    
reasons  the   state  went  from   issuing  NPSLs   to  more                                                                    
traditional royalty leases with the bonus bid.                                                                                  
                                                                                                                                
9:56:40 AM                                                                                                                    
                                                                                                                                
Representative Wool  thought the slide was  showing 4 leases                                                                    
issued in  1980 and undeveloped  for 16 years. In  1996, the                                                                    
lease holder  communicated that they  would not  develop the                                                                    
leases  unless the  state eliminated  the  net profit  share                                                                    
that ranged from 85 percent  to 95 percent. He suggested the                                                                    
percentage  should have  been reduced  to 40  percent rather                                                                    
than  zero. He  wondered why  the  decision was  made to  no                                                                    
longer issue NPSLs.                                                                                                             
                                                                                                                                
Mr.  Fitzpatrick had  not  delved into  the  history of  the                                                                    
state's  decision to  stop issuing  such leases.  He thought                                                                    
encouraging  development played  a  role. He  had seen  some                                                                    
administrative  challenges of  administering the  leases and                                                                    
the  net profit  share component.  They were  certainly more                                                                    
complex  to administer.  The state  decided to  stop issuing                                                                    
the NPSLs in  the early to mid-1980s.  Thereafter, the state                                                                    
had only  issued oil and  gas leases with the  fixed royalty                                                                    
percentage and the bonus bid.                                                                                                   
                                                                                                                                
Representative  Wool  did  not  believe  the  $1.73  billion                                                                    
included  production  tax.  He asked  about  production  tax                                                                    
which he  assumed would be  grater under a  non-NPSL because                                                                    
they  could  not  deduct  it.   He  wondered  about  further                                                                    
analysis of  the $1.73 billion  with and without  net profit                                                                    
share including  production tax. He thought  the state would                                                                    
have   yielded  more   money   cumulatively  with   royalty,                                                                    
production,  and  net  profit  share. He  asked  if  he  was                                                                    
accurate.                                                                                                                       
                                                                                                                                
Mr. Fitzpatrick  answered that it  was difficult for  him to                                                                    
produce  production tax  numbers because  of confidentiality                                                                    
around tax records  and the fact that several  of the leases                                                                    
did not have multiple tax  payers with which the information                                                                    
could be  combined for confidentiality purposes.  He did not                                                                    
think  he  would  be  able  to  provide  information  around                                                                    
production   taxes  specific   to   particular  leases.   He                                                                    
suggested  that production  taxes  levied at  the tax  payer                                                                    
level  across  the  Northslope   with  some  variations  for                                                                    
individual  units  when  there  were  accrued  access  lease                                                                    
expenditures. It was difficult  to present an apple-to-apple                                                                    
comparison.                                                                                                                     
                                                                                                                                
Mr. Fitzpatrick  responded to the question  of whether there                                                                    
had  not been  a  modification. If  the  Northstar unit  had                                                                    
entered production and the leases  had included the original                                                                    
net  profit share  rate, he  would  have expected  to see  a                                                                    
larger  revenue  stream.  He   had  not  done  the  analysis                                                                    
specifically.  In  the  case  of  the  Northstar  Unit,  the                                                                    
modification was  to reduce the  net profit share  rate down                                                                    
to  zero.  It  also   added  the  sliding  scale  additional                                                                    
royalty. The royalties received  were larger than would have                                                                    
otherwise been  the case without the  modification. He added                                                                    
that  the  royalty  payments   began  the  moment  Northstar                                                                    
entered production.  Whereas the  net profit  share payments                                                                    
would  have   only  begun  after  the   initial  development                                                                    
expenses had been paid for.  Without running the numbers, he                                                                    
could not say which of  the scenarios would have resulted in                                                                    
a  higher  payment  to  the  state. He  could  look  at  the                                                                    
information, try to  come up with something,  and provide it                                                                    
afterwards.                                                                                                                     
                                                                                                                                
10:01:59 AM                                                                                                                   
                                                                                                                                
Representative Wool thought it  would be good information to                                                                    
have.  Mr.  Fitzpatrick  could  try  to  come  up  with  the                                                                    
information. The  question was whether Northstar  would have                                                                    
gone into production without the  modification. At the time,                                                                    
BP  indicated they  would  not invest  in  Northstar in  the                                                                    
absence of  the modification. He  could look at  the current                                                                    
numbers for  production and to  come up with  a hypothetical                                                                    
payment stream with the net  profit share rates. However, he                                                                    
would  not  be  able  to  do the  analysis  of  whether  the                                                                    
investment would have been made without the modification.                                                                       
                                                                                                                                
10:03:50 AM                                                                                                                   
                                                                                                                                
Mr.  Fitzpatrick   moved  to  the  second   section  on  the                                                                    
description   of  why   the  department   believed  allowing                                                                    
modification  of  net  profit share  could  potentially  add                                                                    
value to the state.                                                                                                             
                                                                                                                                
Mr.  Fitzpatrick moved  to  slide  12: "Increase  Production                                                                    
from Otherwise  Stranded Resources." The intent  of the bill                                                                    
was to allow DNR to  modify net profit shares. If production                                                                    
did not occur  the state would not  receive royalty payments                                                                    
or  any  net profit  share  payments.  The state  would  not                                                                    
receive  production tax  payments from  the production  that                                                                    
did not occur.  The goal of the legislation was  to allow or                                                                    
encourage production that otherwise  would not occur so that                                                                    
the state  could receive  some value  for the  resources. In                                                                    
thinking  about  the  potential   for  resources  to  become                                                                    
stranded,   there  were   two   potential  scenarios   where                                                                    
resources could become stranded.                                                                                                
                                                                                                                                
Mr. Fitzpatrick  conveyed that the  first scenario was  if a                                                                    
new production, a  production from a new field  or pool, was                                                                    
not economic  and the producer  elected not to  move forward                                                                    
with  an investment  in  it.  The state  would  not see  any                                                                    
production from  the field which  would result in a  lack of                                                                    
royalties, net  profit share payments, or  a production tax.                                                                    
The state  would receive  no value  for the  resources other                                                                    
than  the bonus  bid that  was originally  received for  the                                                                    
lease.                                                                                                                          
                                                                                                                                
Mr. Fitzpatrick moved  to the second scenario:  when a field                                                                    
or  pool was  nearing  the  end of  its  life  and became  a                                                                    
stranded  resource.  He elaborated  that  when  a field  was                                                                    
approaching  the  end  of   its  life,  production  declined                                                                    
causing  revenues  from  the field  to  drop  and  operating                                                                    
expenditures  to  potentially  trend down  with  production,                                                                    
although not likely  at the same rate.  The per-barrel costs                                                                    
of production would increase. At  some point, the per-barrel                                                                    
costs  might  exceed the  potential  profit  for a  producer                                                                    
prompting  a shutdown.  No  additional  production would  be                                                                    
received from  the field  or unit and  no payments  would be                                                                    
made  to the  state.  The  goal of  the  bill  was to  allow                                                                    
modifications  when the  department could  determine that  a                                                                    
modification would result in production  from a new field or                                                                    
pool  that  would  not  be  brought  online  otherwise.  The                                                                    
department could also find that  a modification could extend                                                                    
the life of a field or pool  near the end of its field life.                                                                    
It might  result in the state  receiving additional payments                                                                    
from  additional production.  It could  potentially lead  to                                                                    
lower  royalty or  net  profit share  rates,  but the  state                                                                    
could  receive payments  for an  additional number  of years                                                                    
where the field or pool would otherwise shutdown.                                                                               
                                                                                                                                
10:07:15 AM                                                                                                                   
                                                                                                                                
Representative Johnson  thought there  were 26  active NPSLs                                                                    
on the  North Slope -  17 leases  were producing and  9 were                                                                    
not producing according  to the chart on slide  9. She asked                                                                    
if  DNR  would  only  be  making changes  to  the  9  leases                                                                    
currently not producing under the plan in the bill.                                                                             
                                                                                                                                
Mr.  Fitzpatrick responded  that, for  the existing  royalty                                                                    
modification statute  and for the proposed  net profit share                                                                    
modification  process, the  process required  a producer  or                                                                    
lessee  to approach  the department  with a  proposal for  a                                                                    
modification.  The department  did  not  have the  authority                                                                    
under existing statute or in  the bill to modify the royalty                                                                    
rate or  the net  profit share  rate without  an application                                                                    
from the lessee. The lessee  had to first determine that the                                                                    
field  or   pool  was  uneconomic   either  to   bring  into                                                                    
production  or  to  continue  production  and  then  propose                                                                    
modification  to  the  department.  As part  of  the  review                                                                    
process the department  looked at all of the  records of the                                                                    
lessee  including  financial  records,  resource  evaluation                                                                    
information, and subsurface data.                                                                                               
                                                                                                                                
Mr. Fitzpatrick  continued that  the department  also looked                                                                    
at the current  state of the market  and potential forecasts                                                                    
for  changes  in oil  prices  making  its own  determination                                                                    
whether  the production  would otherwise  be uneconomic.  If                                                                    
the department  determined it to  be uneconomic,  only those                                                                    
leases included  in the application  could be  modified. The                                                                    
department's  goal,  with  reference   to  a  sliding  scale                                                                    
royalty,  was  to  only  allow  modification  sufficient  to                                                                    
change  the  investment decision  of  the  lessee. In  other                                                                    
words, the  goal was  to only  allow enough  modification to                                                                    
either induce  the lessee to  make an initial  investment to                                                                    
bring a  field into  production or to  invest enough  in the                                                                    
field or  pool to  continue production for  a set  number of                                                                    
years.                                                                                                                          
                                                                                                                                
10:10:03 AM                                                                                                                   
                                                                                                                                
Representative  Josephson thought  that most  of the  fields                                                                    
would  have already  invested heavily.  He wondered  why the                                                                    
lease holders  would not  continue to  invest. He  asked how                                                                    
the state measured the trustworthiness of lease holders.                                                                        
                                                                                                                                
Mr. Fitzpatrick thought  Representative Josephson's question                                                                    
got  to  the   heart  of  when  the   department  should  be                                                                    
authorized to  allow for  modifications. He  reiterated that                                                                    
the department  did extensive  analysis when  a modification                                                                    
application   was  received   under  the   existing  royalty                                                                    
modification statute.  There were a number  of provisions in                                                                    
place about how the analysis  was done and included internal                                                                    
guidelines within  the department. He relayed  that one part                                                                    
of the statute allowed the  department to seek a third party                                                                    
to provide analysis and the cost would go to the applicant.                                                                     
                                                                                                                                
Mr.  Fitzpatrick   continued  that  one  of   the  important                                                                    
features of  the current modification  process was  that the                                                                    
legislature had set a higher  bar of proof for modifications                                                                    
than was  typical for  most applications. In  the case  of a                                                                    
typical permit  application, the burden of  proof around the                                                                    
application  would be  preponderance of  the evidence  (a 50                                                                    
percent plus  one burden  of proof). If  it was  simply more                                                                    
likely than not, then a  fact was established and the permit                                                                    
could be issued based on the fact.                                                                                              
                                                                                                                                
Mr.  Fitzpatrick explained  that under  the current  royalty                                                                    
modifications  or  net  profit  shares operated  on  a  much                                                                    
higher burden  of proof.  The lessee had  to show  clear and                                                                    
convincing evidence  that they  had met the  requirements of                                                                    
the   statute  in   order  to   be   eligible  for   royalty                                                                    
modification      a  standard   the  department   took  very                                                                    
seriously. The applicant was  required to produce voluminous                                                                    
data  on  finances  and sub  surface  data.  The  department                                                                    
evaluated the information with a  skepticism. There had been                                                                    
8  royalty modification  applications in  the 26  years that                                                                    
the statute had  been on the books. He reported  that of the                                                                    
8 applications, the department had  only approved 3 of them.                                                                    
He detailed  that 2  of the applications  were denied  and 3                                                                    
were withdrawn  by the applicant after  a partial evaluation                                                                    
by the department. The applicant  opted to no longer proceed                                                                    
with their  modification application.  Less than  50 percent                                                                    
of the modification applications  received by the department                                                                    
had  been  granted.  The  bill   intended  to  preserve  the                                                                    
requirement   that  the   department  treated   modification                                                                    
applications with a high degree  of skepticism   a component                                                                    
of the review process.                                                                                                          
                                                                                                                                
10:14:23 AM                                                                                                                   
                                                                                                                                
Representative Rasmussen  asked if  Mr. Fitzpatrick  had any                                                                    
graphs  or charts  that provided  a timeline  and additional                                                                    
details of  the 8 requested modifications.  She thought some                                                                    
background information at the time  of the requests would be                                                                    
helpful. Mr.  Fitzpatrick replied  that the  information was                                                                    
provided  on  slide  18.  It   listed  all  of  the  royalty                                                                    
modification applications that  the department had received.                                                                    
The slide  did not include the  price of oil at  the time of                                                                    
the applications, but he could provide the information.                                                                         
                                                                                                                                
Representative  Rasmussen  thought  that  seeing  a  graphic                                                                    
showing production levels prior  to the modifications on the                                                                    
three  applications that  had been  approved  would help  to                                                                    
show that the policy the  legislature was putting into place                                                                    
would work and would be in the state's best interest.                                                                           
                                                                                                                                
Representative  Wool  referenced  the  royalty  modification                                                                    
analysis. He asked if it had  been done for the NPSL royalty                                                                    
modification  in 1996  shown on  slide 10  in the  Northstar                                                                    
Unit.  Mr. Fitzpatrick  was not  familiar with  the analysis                                                                    
that was  conducted for the 1996  modification of Northstar.                                                                    
He would follow up.                                                                                                             
                                                                                                                                
Representative Wool  referenced the  $1.73 billion  that the                                                                    
state  netted from  royalty. He  speculated that  BP decided                                                                    
the field  in the Northstar  Unit was not feasible  with the                                                                    
net  profit  share  rates. However,  by  adjusting  the  net                                                                    
profit share  rate to zero,  it made  it possible for  BP to                                                                    
make a profit.  He assumed that BP did  a calculation before                                                                    
and after  to verify  their decision.  He assumed  the state                                                                    
would  have  made  the same  calculations.  Any  information                                                                    
would be interesting.                                                                                                           
                                                                                                                                
Mr.  Fitzpatrick   could  look  into  the   history  of  the                                                                    
modification.  He  was  not  personally  familiar  with  the                                                                    
modification, but  there might  be others in  the department                                                                    
that might be.                                                                                                                  
                                                                                                                                
Representative Merrick indicated there  was about 40 minutes                                                                    
left  before the  end  of the  meeting.  She suggested  that                                                                    
members  hold   their  questions   until  the  end   of  the                                                                    
presentation.                                                                                                                   
                                                                                                                                
10:19:13 AM                                                                                                                   
                                                                                                                                
Mr. Fitzpatrick moved to slide  13 to review flexibility for                                                                    
royalty   modifications.   The  department   believed   that                                                                    
allowing for the modification of  net profit shares would be                                                                    
useful.   Currently,  the   department  could   only  modify                                                                    
royalties.  However,  there   were  circumstances  in  which                                                                    
allowing  for the  modification  of net  profit share  rates                                                                    
might give the department  more flexibility when considering                                                                    
an  application for  a royalty  modification. For  instance,                                                                    
royalty  payments were  more certain.  They  started at  the                                                                    
beginning of  production, whereas  payments from  net profit                                                                    
shares might be delayed. The  amount of royalty payments was                                                                    
more consistent  over time. There might  be circumstances in                                                                    
which the state would be  better off allowing a modification                                                                    
of   net  profit   share  rates   instead   of  allowing   a                                                                    
modification of royalty rates.                                                                                                  
                                                                                                                                
Mr. Fitzpatrick  elaborated that at present,  the department                                                                    
could  only  modify royalty  rates.  However,  if given  the                                                                    
ability  to modify  net profit  share  rates in  one of  the                                                                    
modification scenarios,  the department might elect  only to                                                                    
modify  the net  profit  share rates  or  modify net  profit                                                                    
share  rates while  modifying  less  royalty and  preserving                                                                    
more  royalty payments  for the  state. With  the option  to                                                                    
modify NPSLs, royalty  shares might not have  to be modified                                                                    
or a blended modification could become an option.                                                                               
                                                                                                                                
Mr. Fitzpatrick addressed another  way in which allowing for                                                                    
modification of  net profit share  rates could  increase the                                                                    
department's  flexibility.  Currently,   under  the  royalty                                                                    
modification system, the department  was allowed to decrease                                                                    
royalty  rates  when   considering  a  royalty  modification                                                                    
application. Similarly, the bill  would allow for the change                                                                    
in  the  net  profit  share   rate  to  either  decrease  or                                                                    
increase. When  thinking about  the sliding  scale mechanism                                                                    
for  royalties,  in  a   modification  scenario  there  were                                                                    
circumstances in which  the department might seek  to add an                                                                    
increase  in either  royalty  or net  profit  share rate  in                                                                    
order to recapture foregone  revenue if royalty modification                                                                    
was  allowed early  in a  project's  life or  for lower  oil                                                                    
process in scenarios where process  increased in the future.                                                                    
There could be  an increase in the net profit  share rate in                                                                    
addition to the royalty rate  in order to recapture revenues                                                                    
that  had  been  foregone  earlier in  the  project's  life.                                                                    
Additionally, in  certain circumstances, it also  might make                                                                    
sense if  the state was  willing to forego  royalty revenues                                                                    
in low  price environments  to simply participate  in higher                                                                    
price  movements using  either royalty  or net  profit share                                                                    
mechanisms. It might not be  a recapture mechanism; it might                                                                    
simply be an  increase in the rates of higher  oil prices in                                                                    
order to capture more value for  the state as part of one of                                                                    
the modifications.                                                                                                              
                                                                                                                                
10:22:45 AM                                                                                                                   
                                                                                                                                
Mr. Fitzpatrick continued to slide  14: "Why would DNR allow                                                                    
the   modification  of   the  net   profit  share   rate?  A                                                                    
hypothetical  example." He  pointed to  the first  graph and                                                                    
the solid  blue line. The  slide had  a pair of  graphs that                                                                    
represented  two  different   potential  economic  scenarios                                                                    
where   modifications  could   make  a   difference  in   an                                                                    
investment decision. He  pointed to the first  graph and the                                                                    
solid light blue line with  the economic evaluation from the                                                                    
point of  view of the  producer. The zero-dollar  line would                                                                    
represent the total  value to the producer.  Where the solid                                                                    
light  blue  line was  below  the  zero-dollar line  on  the                                                                    
graph,  the  project  would  be  uneconomic.  Based  on  the                                                                    
information,  the producer  would not  make the  investment.                                                                    
The  dotted  blue  line  above  those  lines  represented  a                                                                    
modification  of  the  net profit  share  rate.  The  dotted                                                                    
orange line represented a modification  of the royalty rate.                                                                    
The solid  grey line at the  top of the graph  represented a                                                                    
modification  of both  the  net profit  share  rate and  the                                                                    
royalty rate.  In the first  graph the  hypothetical project                                                                    
was  uneconomic  but  very  close   to  being  economic.  He                                                                    
suggested that a modification of  the net profit share alone                                                                    
would  be  enough  to  push  the  line  above  the  economic                                                                    
threshold  and   sufficient  to  encourage  or   induce  the                                                                    
development in the investment by  the lessee. In the example                                                                    
the royalty  modification would be granted.  The state would                                                                    
forego some  portion of  the net  profit share  payments but                                                                    
would  receive all  of the  royalty payments  represented by                                                                    
the  difference  of the  dotted  blue  line and  the  dotted                                                                    
orange line.                                                                                                                    
                                                                                                                                
Mr.  Fitzpatrick addressed  the  second  scenario which  was                                                                    
similar in its construction.  The lines represented the same                                                                    
concepts. In  the example net profit  share leases consisted                                                                    
of  a   larger  share  of  the   potential  production.  The                                                                    
modification of  net profit share rates  contributed more to                                                                    
the  potential  difference  in   economic  outcome.  In  the                                                                    
scenario the  royalty relief alone  would not  be sufficient                                                                    
to make the project economic.  It was likely that a producer                                                                    
would  not  invest  in  the project,  and  the  state  would                                                                    
receive  no   royalty,  profit  share,  or   production  tax                                                                    
revenues at all.                                                                                                                
                                                                                                                                
Mr. Fitzpatrick  continued that similarly, net  profit share                                                                    
modification  alone  would  be   insufficient  to  make  the                                                                    
project economic.  If the state  were to combine  net profit                                                                    
share  and royalty  modification,  the state  could get  the                                                                    
project   to  the   economic   threshold.   The  grey   line                                                                    
represented the  maximum potential modification of  both the                                                                    
royalty   and  net   profit   share   rates.  However,   the                                                                    
department's goal  in granting  a modification would  not be                                                                    
to automatically move to  the maximum potential modification                                                                    
of  those   rates.  It  would   only  be  to   allow  enough                                                                    
modification of those  rates to allow the  project to become                                                                    
economic and induce investment.  The department would strive                                                                    
to grant  no more modification  than was necessary  to reach                                                                    
the   economic  threshold.   Instead  of   the  grey   line,                                                                    
optimally,  the   department  would   strive  to   create  a                                                                    
modification mechanism  that would involve both  royalty and                                                                    
net  profit  share  modification  but less  than  the  total                                                                    
amount that  might be  had in  order to  move the  grey line                                                                    
above the  zero-dollar line so  that the lessee  invested in                                                                    
the project  but the state maintained  the highest potential                                                                    
returns for the project.                                                                                                        
                                                                                                                                
10:27:47 AM                                                                                                                   
                                                                                                                                
Mr.  Fitzpatrick turned  to  slide 15  to  discuss the  last                                                                    
objective  behind the  legislation which  was to  streamline                                                                    
the current  process for net profit  share modifications. He                                                                    
referenced  the  Northstar  modification  process  described                                                                    
earlier.  The modification  required  negotiations with  the                                                                    
state and a presentation of  the modification package to the                                                                    
legislature  for its  consideration. He  indicated that  the                                                                    
Supreme Court decision that was  mentioned earlier was noted                                                                    
on the slide: Baxley v.  State, 958 P.2d 422 (Alaskan 1998).                                                                    
He  would follow  up with  citational information  about the                                                                    
case.                                                                                                                           
allowing the  net profit share  modification along  side the                                                                    
royalty modification  currently in  statute would  allow the                                                                    
department to modify those rates  in the same process as the                                                                    
royalty  modification  presently  and would  streamline  the                                                                    
process. It was one of the goals of the legislation.                                                                            
                                                                                                                                
10:29:14 AM                                                                                                                   
                                                                                                                                
Mr.  Fitzpatrick   moved  to  the   third  section   of  the                                                                    
presentation starting on  slide 16 which was  an overview of                                                                    
the modification process.                                                                                                       
                                                                                                                                
Mr.  Fitzpatrick turned  to  slide  17: "Stranded  Resources                                                                    
Means Zero Production  and Zero Revenues to  the State." The                                                                    
slide was a description of  one of the royalty modifications                                                                    
previously  granted  by  the  state  to  leases  within  the                                                                    
Oooguruk Unit.  The slide  contained an  excerpt of  part of                                                                    
the  royalty   modification  decision.  In   the  particular                                                                    
instance,  Pioneer Natural  Resources applied  to the  state                                                                    
for  a  royalty  modification  of  the  leases  in  Oooguruk                                                                    
claiming they would not be  able to economically develop the                                                                    
project without  a modification and  would not  proceed with                                                                    
the investment. He  noted that Pioneer shared  data with the                                                                    
state that allowed the state  to conduct its own analysis of                                                                    
Pioneer's claims.                                                                                                               
                                                                                                                                
Mr.  Fitzpatrick  reported that  the  department  came to  a                                                                    
similar conclusion  about whether  the project  was economic                                                                    
and  agreed to  modify  the royalty  rates  at Oooguruk.  He                                                                    
pointed to  the bottom  of the  slide. The  current payments                                                                    
from the  Oooguruk Unit to  the state included  $145 million                                                                    
in royalties and  $12 million in net  profit share payments.                                                                    
In  2006 the  Oooguruk  field was  initially authorized  and                                                                    
came  into production  in 2008  or 2009.  He noted  that the                                                                    
royalty modification that was  originally granted had phased                                                                    
out over time and ends  completely in the current year. From                                                                    
present day on, the Oooguruk  Unit would be paying the state                                                                    
royalties  at  the full  rate  that  was originally  in  the                                                                    
contract, and  no other modification had  been allowed after                                                                    
2021. He invited Mr. Meza to provide additional details.                                                                        
                                                                                                                                
10:31:59 AM                                                                                                                   
                                                                                                                                
Mr.  Meza indicated  that the  production from  the Oooguruk                                                                    
Unit  began  in  2008.  The  royalty  modification  decision                                                                    
enacted  in 2006  contemplated a  reduction  in the  royalty                                                                    
rates  in the  first  years of  production  until a  certain                                                                    
trigger. He  confirmed that the royalty  levels would return                                                                    
to original rates beginning in 2021.                                                                                            
                                                                                                                                
Mr. Fitzpatrick continued to slide  18 which provided a list                                                                    
of  all of  the royalty  modification applications  that had                                                                    
been   received  by   the  department   since  the   royalty                                                                    
modification  statute was  originally  enacted  in 1995.  He                                                                    
reported   the  department   had  received   8  modification                                                                    
applications since  the statute  was enacted. He  pointed to                                                                    
the  first application  by  BP from  Milne  Point which  was                                                                    
denied.   Between   1995   through   1999   two   additional                                                                    
applications  were  received    one  by  Unocal and  one  by                                                                    
Phillips.  Both applications  were  withdrawn after  initial                                                                    
analysis.  In 2005  the Oooguruk  application was  the first                                                                    
the  department  approved.  The   application  was  a  joint                                                                    
application by  Pioneer and Eni  and was the project  he had                                                                    
just discussed that was phasing out in the current year.                                                                        
                                                                                                                                
Mr. Fitzpatrick  continued that two  additional applications                                                                    
were  received  in  2006  and   2007.  The  first,  for  the                                                                    
Nikaitchuq  Unit, was  denied.  The  second application  was                                                                    
similarly  withdrawn. In  2008,  Eni,  after purchasing  the                                                                    
entire   Nikaitchuq   Unit,   applied  again   for   royalty                                                                    
modification at Nikaitchuq. The  modification was granted in                                                                    
2008  and  contained  a  trigger based  on  oil  price.  The                                                                    
royalty rated phased  lower or higher overtime  based on the                                                                    
price of  oil at a  particular time. The  modification would                                                                    
phase out and end by 2036.                                                                                                      
                                                                                                                                
Mr. Fitzpatrick reported that  the last application received                                                                    
by  the department  was  received  in 2014  for  a new  pool                                                                    
within  the   Oooguruk  Unit,  the  Nuna   Torok  Pool.  The                                                                    
department  considered and  granted the  application with  a                                                                    
provision  included  by  the  department  in  the  grant  of                                                                    
royalty  modification  for  Nuna  was  that  Caelus  had  to                                                                    
sanction  the  development  and make  a  certain  investment                                                                    
level  within a  certain period  of time  after the  royalty                                                                    
modification as granted. Caelus  did not make the investment                                                                    
in Nuna which nullified the royalty modification.                                                                               
                                                                                                                                
10:35:43 AM                                                                                                                   
                                                                                                                                
Representative Wool  referred to Eni's  royalty modification                                                                    
application in 2008.  The slide indicated that  the NPSL had                                                                    
not  reached  the payout  stage.  He  also referred  to  the                                                                    
previous   graph   on    slide   14   containing   different                                                                    
modifications.   He   suggested    that   even   with   full                                                                    
modifications, the  fields did not become  profitable for 18                                                                    
years to  20 years. He wondered  if it was typical  for some                                                                    
of the payouts to be delayed for such a long period.                                                                            
                                                                                                                                
Mr. Fitzpatrick responded that  it varied field-by-field. He                                                                    
referred  to slide  9 containing  the list  of 26  NPSLs. He                                                                    
confirmed that  it could take  several years for a  field to                                                                    
reach  payout. Typically,  it  could take  a  while for  the                                                                    
initial  development costs  to  be recuperated  and for  the                                                                    
lease to  reach payout.  For certain fields  if there  was a                                                                    
significant amount of  production and relatively inexpensive                                                                    
development,  the payout  period  could  be reached  faster.                                                                    
Whereas,  for   other  leases   where  there   was  marginal                                                                    
production or potentially  more expensive development costs,                                                                    
the payout  could be much  later. In both instances  it took                                                                    
some time  after production began  for the first  net profit                                                                    
share payments to be made.  There were times where the state                                                                    
waited 10  years to  20 years  or longer  for the  first net                                                                    
profit share  payment to be  made. Whereas  royalty payments                                                                    
were received the moment production began from the lease.                                                                       
                                                                                                                                
Representative  Wool suggested  that a  royalty modification                                                                    
appeared  to   be  more  desirable.   He  thought   an  NPSL                                                                    
modification would be  a lower priority. He asked  if he was                                                                    
accurate.                                                                                                                       
                                                                                                                                
Mr. Fitzpatrick  agreed that from  a lessee's point  of view                                                                    
Representative  Wool's statement  was likely  true. However,                                                                    
from the state's  perspective, if it was  possible to modify                                                                    
net profit  share rates and  if the modification of  the net                                                                    
profit  share  rate alone  would  make  the field  economic,                                                                    
although the  lessee might  not benefit  as much,  the state                                                                    
could  preserve  more  of   its  royalty  income  especially                                                                    
earlier  in the  field  life while  still  making the  field                                                                    
economic. The state would be  better off only allowing a net                                                                    
profit share  modification or a blended  modification rather                                                                    
than modifying royalty  alone. One of the  objectives of the                                                                    
bill  was  to  give  the  state the  potential  to  craft  a                                                                    
modification that  helped to flip the  trigger of investment                                                                    
by the  lessee while  preserving the  state's interest  to a                                                                    
large extent.                                                                                                                   
                                                                                                                                
Representative Wool agreed with the purpose of the bill.                                                                        
                                                                                                                                
10:40:13 AM                                                                                                                   
                                                                                                                                
Representative Carpenter  referred to  the timeline  and the                                                                    
25 [26] active  leases. He asked Mr.  Fitzpatrick to provide                                                                    
the number  of original  lease holders  who continued  to be                                                                    
lease holders. He  wondered how many of  the original leases                                                                    
had changed  hands. Mr. Fitzpatrick  could look into  it and                                                                    
see about providing some historical information.                                                                                
                                                                                                                                
Co-Chair Merrick asked how  many applications the department                                                                    
anticipated with a change in  legislation. She also asked if                                                                    
producers  had requested  the  legislation. Mr.  Fitzpatrick                                                                    
responded  that it  would be  difficult  to predict  whether                                                                    
there  would be  a huge  rush of  applications. He  believed                                                                    
there  had  been  discussions about  extending  Duck  Island                                                                    
production. He  expected to  receive more  applications when                                                                    
smaller units started to reach  the end of their field life.                                                                    
It was an  area in which a legislative change  could help to                                                                    
increase the number of production years.                                                                                        
                                                                                                                                
Representative Josephson  drew attention  to slide  18 which                                                                    
highlighted  the  modifications   and  requests  which  were                                                                    
granted and denied. He noted  that for the Oooguruk Unit the                                                                    
indirect  expenditure report  reflected  that  for 5  fiscal                                                                    
years  from FY  15 to  FY 19  the state  forewent about  $90                                                                    
million  in  royalties.  The slide  reflected  royalties  of                                                                    
$142 million. He  thought the  slide suggested  that without                                                                    
the   royalty   relief,   the  royalty   would   have   been                                                                    
approximately $230 million. However,  without the relief the                                                                    
field  might not  have been  developed. He  highlighted that                                                                    
royalty  relief  added  up.  He  asked  Mr.  Fitzpatrick  to                                                                    
comment.                                                                                                                        
                                                                                                                                
Mr. Fitzpatrick  was not familiar  with the  methodology the                                                                    
Department  of   Revenue  (DOR)  used  for   their  indirect                                                                    
expenditure   report.   He  expected   that   Representative                                                                    
Josephson  was  correct in  his  observation  that the  core                                                                    
difference was  whether the investment would  have been made                                                                    
without the relief.  He could follow up with DOR  to look at                                                                    
their  calculations  and  compare  them  to  DNR's  figures.                                                                    
Representative  Josephson   responded,  "If  it's   not  too                                                                    
burdensome, yes. Thank you."                                                                                                    
                                                                                                                                
10:45:37 AM                                                                                                                   
                                                                                                                                
Representative LeBon  asked about sunset dates.  He wondered                                                                    
why  a modification  was not  done  that did  not include  a                                                                    
sunset date. He  what the motive was for a  sunset date. Mr.                                                                    
Fitzpatrick responded that the  sunset dates were calculated                                                                    
for  each   project.  In  the  first   instance  there  were                                                                    
conditions that  were sometimes conditions that  were put on                                                                    
the  modification  in  order  toe  ensure  that  the  lessee                                                                    
invests in the field the  way they represented they would in                                                                    
their   application.  In   the  second   instance,  once   a                                                                    
modification  was  granted  and  occurred for  a  number  of                                                                    
years,  as part  of that  economic analysis,  the department                                                                    
strived to  allow a modification  only sufficient  to induce                                                                    
the  lessee to  make an  investment or  to keep  a field  in                                                                    
production.  Inserting  a   sunset  into  that  modification                                                                    
allowed the  department to limit the  amount of modification                                                                    
that it granted  in such circumstances. At  a certain point,                                                                    
the  field   returned  to  its  original   royalty  rate  or                                                                    
potentially a net profit share  rate. The state received the                                                                    
additional revenues at that point in  time. It was a way for                                                                    
the department to  limit the amount of  modification to only                                                                    
grant enough modification to  change the investment decision                                                                    
and no more.                                                                                                                    
                                                                                                                                
Representative LeBon  commented that  the bill  reminded him                                                                    
of  a bank  being  asked  to modify  a  loan  by a  borrower                                                                    
because   of   a  change   in   interest   rates  to   their                                                                    
disadvantage.  As  a  previous   banker,  he  received  that                                                                    
request  frequently. The  structure  a  bank would  counter-                                                                    
propose to  a borrower often  included an element  of shared                                                                    
risk or  benefit. If  a borrower no  longer liked  its rate,                                                                    
the bank  would respond with  some type of variable  such as                                                                    
including a floor  and a ceiling. He hoped that  if the bill                                                                    
became reality that the state  would be a good negotiator to                                                                    
make sure there was shared benefit and risk.                                                                                    
                                                                                                                                
10:49:19 AM                                                                                                                   
                                                                                                                                
Representative  Carpenter  had   a  question  regarding  the                                                                    
modification process. He wondered  if economic factors other                                                                    
than monetary factors  were considered such as  jobs lost or                                                                    
local economic value. He pointed  out that on slide 18 there                                                                    
were  11 platforms  in or  near  his district  on the  Kenai                                                                    
Peninsula  from the  late  1990s. He  noted  that the  Kenai                                                                    
Peninsula  oil industry  had seen  a sharp  decline in  jobs                                                                    
over the previous decade. He  wondered if the state had been                                                                    
able to  make conditions more favorable,  whether job losses                                                                    
would have  been avoided. He  reiterated his question  as to                                                                    
whether  the modification  process included  an analysis  of                                                                    
job loss or local community impact.                                                                                             
                                                                                                                                
Mr. Fitzpatrick responded in  the affirmative. He elaborated                                                                    
that  additional impacts  beyond  revenues were  considered.                                                                    
The  investments in  the  state and  the  jobs created  were                                                                    
potentially  part  of  the   best  interest  finding.  Other                                                                    
factors the state had considered  previously when looking at                                                                    
potential  modifications were  increases in  production from                                                                    
the  North Slope  that could  potentially  drive the  tariff                                                                    
rates  on TAPS  down. The  tariffs  were a  function of  the                                                                    
throughput on the  pipeline in part. If the  state could get                                                                    
additional  barrels through  the  pipeline,  it reduced  the                                                                    
tariff  rate   for  all  production   on  the   North  Slope                                                                    
increasing  the state's  take from  other fields.  There was                                                                    
less  of  a  transportation deduction  against  the  state's                                                                    
royalty or tax revenues from other fields.                                                                                      
                                                                                                                                
Mr. Fitzpatrick  continued that there were  definitely other                                                                    
factors other than only the  economics of a particular field                                                                    
that  were considered  during  the  evaluation process.  The                                                                    
department  also spent  a large  portion of  time evaluating                                                                    
the revenue  and economics of  a field  because, ultimately,                                                                    
it was what  drove the investment decision    what the state                                                                    
was attempting to influence through the modifications.                                                                          
                                                                                                                                
Representative  Carpenter   understood  the   importance  of                                                                    
working with the lease holder.  Ultimately, the state needed                                                                    
to  maintain  flexibility to  keep  jobs  in the  state.  He                                                                    
reflected  on  a significant  number  of  jobs lost  in  the                                                                    
state. He encouraged flexibility.                                                                                               
                                                                                                                                
10:53:48 AM                                                                                                                   
                                                                                                                                
Representative Josephson  spoke of a Supreme  Court decision                                                                    
regarding royalty.  The court insisted that  the legislature                                                                    
and the executive branch impose  a royalty, as there was not                                                                    
one in the  specific case. The Supreme  Court indicated that                                                                    
the state  had to take a  share of the mineral  interest. He                                                                    
wondered if the administration could request a lower share.                                                                     
                                                                                                                                
Mr.  Fitzpatrick replied  that it  was possible  to issue  a                                                                    
lease  with less  than  12.5 or  16.66  percent royalty.  He                                                                    
suggested that  when there was limited  geologic information                                                                    
about the prospects on a  particular lease, the department's                                                                    
goal at the time of lease  issuance was to try to capture as                                                                    
much value for  the state as possible. He  thought, from the                                                                    
department's perspective,  the ability  to propose  a higher                                                                    
royalty   rate  upfront   then  have   the  flexibility   to                                                                    
potentially modify  the rate  on the  back end  if warranted                                                                    
and  only to  the  extent that  economic circumstances  were                                                                    
warranted  allowed  the  department to  capture  more  value                                                                    
upfront  especially from  leases that  turned out  to be  as                                                                    
prospective  as   expected  and  for  the   limited  set  of                                                                    
circumstances  where  the lease  turned  out  to be  not  as                                                                    
prospective gave the  state the ability to  modify the rates                                                                    
to  get  the  units   into  production  without  losing  the                                                                    
economic  benefit  of  the higher  royalty  rate  for  other                                                                    
leases.  Representative  Josephson  commented that  it  made                                                                    
sense.                                                                                                                          
                                                                                                                                
10:56:33 AM                                                                                                                   
                                                                                                                                
Representative  LeBon asked  if there  was ever  a situation                                                                    
where the state  would want to initiate  a modification. Mr.                                                                    
Fitzpatrick   suggested  that   because   the  leases   were                                                                    
exercised  through contracts,  the  state did  not have  the                                                                    
ability to  reopen and impose  new terms  on an oil  and gas                                                                    
the contract without  the ascent of the counter  party   the                                                                    
lessee.  As pat  of  the royalty  modification process,  the                                                                    
state had to  wait for an application to be  received by the                                                                    
counter  party   in  order  to  act   on  any  modification.                                                                    
Representative  LeBon knew  the answer  to the  question. He                                                                    
encouraged  the state  to recognize  that it  was a  one-way                                                                    
street.                                                                                                                         
                                                                                                                                
Co-Chair Merrick indicated the  committee had reached a good                                                                    
stopping place and reviewed the agenda for the afternoon.                                                                       
                                                                                                                                
HB  81  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
10:59:24 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:59 a.m.                                                                                         

Document Name Date/Time Subjects
CSHB 81 Sectional Analysis 3.24.21.pdf HFIN 4/15/2021 9:00:00 AM
HB 81
HB 81 Letter of Support Alaska Oil and Gas Association 3.9.2021.pdf HFIN 4/15/2021 9:00:00 AM
HB 81
HB 81 Sponsor Statement 1.28.21.pdf HFIN 4/15/2021 9:00:00 AM
SFIN 4/20/2022 1:00:00 PM
HB 81
2021-04-15_HB81 Presentation for HFIN.pdf HFIN 4/15/2021 9:00:00 AM
HB 81