Legislature(2007 - 2008)Anch LIO Conf Rm

11/21/2008 09:00 AM House JUDICIARY


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Audio Topic
09:19:47 AM Start
09:20:05 AM Overview(s): Matters Pertaining to High Gas Prices in Alaska
03:06:36 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference --
Matters pertaining to high gas prices in
Alaska and why gas prices have not fallen
at the same rate as in the lower 48
-Opening Remarks: Chairman Ramras
-Presentations by Tesoro, Alaska;
Flint Hills Refinery; Petro Star, Inc.;
Department of Law; Econ One
-Lunch Break
-Round Table Discussion
-Public Testimony: 2pm - 4pm
-Committee Discussion & Closing Comments
-- Testimony <Invitation Only> 9am-2pm --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       Anchorage, Alaska                                                                                        
                       November 21, 2008                                                                                        
                           9:19 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair (via teleconference)                                                                 
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative John Coghill                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Scott Kawasaki (via teleconference)                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  MATTERS PERTAINING TO HIGH GAS PRICES IN ALASKA                                                                   
AND WHY GAS PRICES HAVE NOT FALLEN AT THE SAME RATE AS IN THE                                                                   
LOWER 48                                                                                                                        
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE MIKE HAWKER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided comments and asked questions during                                                              
the presentation on matters pertaining to high gasoline prices                                                                  
in Alaska.                                                                                                                      
                                                                                                                                
SENATOR DONALD OLSON                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided comments  during the presentation on                                                             
matters pertaining to high gasoline prices in Alaska.                                                                           
                                                                                                                                
REPRESENTATIVE MIKE KELLY                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided comments  during the presentation on                                                             
matters pertaining to high gasoline prices in Alaska.                                                                           
                                                                                                                                
KIP KNUDSON, Manager                                                                                                            
External Affairs                                                                                                                
Tesoro Alaska Company                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided comments  and responded to questions                                                             
during the  presentation on matters  pertaining to  high gasoline                                                               
prices in Alaska.                                                                                                               
                                                                                                                                
JEFF COOK, Director                                                                                                             
External Affairs                                                                                                                
Flint Hills Resources                                                                                                           
North Pole, Alaska                                                                                                              
POSITION STATEMENT: Provided comments  and responded to questions                                                             
during the  presentation on matters  pertaining to  high gasoline                                                               
prices in Alaska.                                                                                                               
                                                                                                                                
CLYDE (ED) SNIFFEN, JR., Senior Assistant Attorney General                                                                      
Commercial/Fair Business Section                                                                                                
Civil Division (Anchorage)                                                                                                      
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided comments  and responded to questions                                                             
during the  presentation on matters  pertaining to  high gasoline                                                               
prices in Alaska.                                                                                                               
                                                                                                                                
BARRY PULLIAM, Senior Economist                                                                                                 
Econ One Research, Inc.                                                                                                         
El Segundo, California                                                                                                          
POSITION STATEMENT: Provided comments  and responded to questions                                                             
during the  presentation on matters  pertaining to  high gasoline                                                               
prices in Alaska.                                                                                                               
                                                                                                                                
JERRY McCUTCHEON                                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided comments  during the presentation on                                                             
matters pertaining to high gasoline prices in Alaska.                                                                           
                                                                                                                                
DONALD WESTLUND                                                                                                                 
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT: Provided comments  during the presentation on                                                             
matters pertaining to high gasoline prices in Alaska.                                                                           
                                                                                                                                
DOLORES "DORRIE" FARRELL                                                                                                        
Sitka, Alaska                                                                                                                   
POSITION STATEMENT: Provided comments  during the presentation on                                                             
matters pertaining to high gasoline prices in Alaska.                                                                           
                                                                                                                                
TIM LUTHER                                                                                                                      
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT: Provided comments  during the presentation on                                                             
matters pertaining to high gasoline prices in Alaska.                                                                           
                                                                                                                                
DICK COOSE                                                                                                                      
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT: Provided comments  during the presentation on                                                             
matters pertaining to high gasoline prices in Alaska.                                                                           
                                                                                                                                
MICHAEL E. McCARTHY                                                                                                             
Homer, Alaska                                                                                                                   
POSITION STATEMENT: Provided comments  during the presentation on                                                             
matters pertaining to high gasoline prices in Alaska.                                                                           
                                                                                                                                
JAVEN OSE                                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided comments  during the presentation on                                                             
matters pertaining to high gasoline prices in Alaska.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting to order  at 9:19:47 AM.   Representatives Dahlstrom (via                                                             
teleconference) and  Ramras were  present at  the call  to order.                                                               
Representatives Lynn  and Samuels arrived  as the meeting  was in                                                               
progress.  Representative Kawasaki  (via teleconference) was also                                                               
in attendance.                                                                                                                  
                                                                                                                                
^Overview(s):  Matters pertaining to high gas prices in Alaska                                                                
                                                                                                                                
9:20:05 AM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS [announced that the  only order of business would be                                                               
consideration of matters pertaining to  high gas prices in Alaska                                                               
and why  gas prices have  not fallen at the  same rate as  in the                                                               
Lower 48].                                                                                                                      
                                                                                                                                
CHAIR  RAMRAS remarked  that although  the general  perception in                                                               
Alaska might  be that there  is only  the one commodity  of crude                                                               
oil and that  the price of it sets the  price of retail gasoline,                                                               
there are actually  two separate commodities, that  of crude oil,                                                               
and that  of refined gasoline.   In the Lower 48,  there are very                                                               
large,  complex   refineries  with  the  capability   of  selling                                                               
gasoline  to  a  much  larger market  than  Alaska's  market;  in                                                               
contrast,  Alaska's market  for  gasoline products  is small  and                                                               
static.  He  surmised that if a  producer of crude oil  is also a                                                               
refiner of other petroleum products,  then the price of crude oil                                                               
can  become another  variable in  gasoline pricing  decisions, as                                                               
are  the level  of  competition  and the  level  of  demand.   In                                                               
Alaska, however,  there isn't much  competition and the  level of                                                               
demand stays fairly constant.                                                                                                   
                                                                                                                                
CHAIR  RAMRAS  said he  is  questioning  whether retail  gasoline                                                               
prices  in the  Lower 48  have been  artificially reduced  by the                                                               
decrease  in demand  due to  conservation  efforts.   He used  an                                                               
example involving rental car rates  in the Lower 48 to illustrate                                                               
how  an increase  in supply  coupled  with a  decrease in  demand                                                               
encourages  competition and  thus a  lowering of  prices.   Chair                                                               
Ramras then noted that Representative  Joule has mentioned to him                                                               
that in Kotzebue,  gasoline is delivered only once a  year and so                                                               
the price  is still what  it was set  at when the  town's current                                                               
supply was delivered - that being about $7.85/gallon.                                                                           
                                                                                                                                
9:30:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MIKE  HAWKER,  Alaska State  Legislature,  opined                                                               
that in  Alaska, the retail  price of  gasoline is driven  by two                                                               
factors:   the  cost to  produce the  product, and  the level  of                                                               
competition.   Alaska is very  limited with regard to  the number                                                               
of  refineries  that  manufacture   gasoline.    He  offered  his                                                               
understanding that to date there  has been no evidence of illegal                                                               
activity on  the part  of gasoline retailers.   He  surmised that                                                               
the  question becomes  what effect  Alaska's lack  of competition                                                               
with regard to gasoline manufactures  has had on the retail price                                                               
of  gasoline.    He  offered his  understanding  that  government                                                               
regulation can  also have an  impact on the level  of competition                                                               
present in  any given  market.   This raises  the question  of to                                                               
what degree should Alaska regulate [the sale of gasoline].                                                                      
                                                                                                                                
CHAIR RAMRAS  spoke of Tesoro  Corporation's falling  stock price                                                               
and the  effect competition is  having on its  refineries outside                                                               
of  Alaska, and  used  an example  involving  Alaska Airlines  to                                                               
illustrate what effect competition or  a lack thereof can have on                                                               
pricing.   He then noted that  the refineries in Alaska  are very                                                               
small and that  the volume of gasoline they produce  is also very                                                               
small  compared to  refineries in  the Lower  48, and  that this,                                                               
too, could account for Alaska's higher retail gasoline prices.                                                                  
                                                                                                                                
REPRESENTATIVE LYNN  characterized what he  pays at the  gas pump                                                               
as being too much.                                                                                                              
                                                                                                                                
9:36:05 AM                                                                                                                    
                                                                                                                                
SENATOR  DONALD OLSON,  Alaska State  Legislature, noted  that in                                                               
his  district, towns  have been  hit hard  by the  high price  of                                                               
petroleum  products, particularly  the  schools,  because, as  in                                                               
Kotzebue,  the towns'  bulk fuel  tanks were  filled when  prices                                                               
were extremely high.   Such high prices could have  the effect of                                                               
encouraging people in  rural areas to move to urban  centers.  He                                                               
warned  that   if  the  industry   won't  regulate   itself,  the                                                               
legislature will have to do it.                                                                                                 
                                                                                                                                
CHAIR  RAMRAS  explained  that the  committee  has  been  looking                                                               
specifically  at the  pricing  of gasoline  in  the Railbelt  and                                                               
Southeast Alaska.   He noted that Wrangell, which just  got a new                                                               
supply of  gasoline from  Seattle and  therefore should  have the                                                               
cheapest retail  gasoline prices in  the state, doesn't;  this is                                                               
evidence  that  the market  is  not  working  as it  should,  and                                                               
perhaps actually  constitutes an instance  of price gouging.   He                                                               
again spoke  about Tesoro Corporation's stock  prices, and opined                                                               
that refiners  in the  Lower 48  aren't making  much of  a profit                                                               
because  they have  an excess  of supply.   He  mentioned that  a                                                               
lobbyist he's spoken  with has asked whether  the committee would                                                               
also be investigating barge companies and distributors.                                                                         
                                                                                                                                
CHAIR RAMRAS then  read bullet point number 3 of  a Department of                                                               
Law  (DOL) press  release  dated  11/20/08 [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Alaska does not  have a price gouging law.   Sellers of                                                                    
     all  goods and  services (including  gasoline) are  not                                                                    
     required  to  sell products  on  a  "cost plus"  basis.                                                                    
     Thus, it  does not matter  what it costs the  seller to                                                                    
     acquire the  goods or provide  a service.   Sellers can                                                                    
     sell their products for whatever  the market will bear.                                                                    
     There is no "cap" on  the amount of profit any business                                                                    
     can make.                                                                                                                  
                                                                                                                                
CHAIR RAMRAS opined that the  governor should speak with refiners                                                               
and ask them for relief from their high gasoline prices.                                                                        
                                                                                                                                
9:43:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE  KELLY, Alaska State Legislature,  raised the                                                               
issue  of  people possibly  banding  together  and instituting  a                                                               
cooperative model as a way  of dealing with high gasoline prices,                                                               
but  noted that  such a  model  does carry  the risk  of, in  the                                                               
future, not being able to  take advantage of competitive pricing.                                                               
He cautioned  against government regulation of  Alaska's refining                                                               
industry.                                                                                                                       
                                                                                                                                
CHAIR  RAMRAS relayed  that the  committee  would be  considering                                                               
price  gouging legislation,  and  will  be providing  information                                                               
about model  legislation in a  forthcoming committee report.   He                                                               
mentioned that  the committee would  hold another meeting  on the                                                               
issue of  high gasoline  prices in January,  before the  start of                                                               
the next  session, and spoke  briefly regarding how  that meeting                                                               
might be  proceeding and  who might be  testifying.   He surmised                                                               
that any  lowering of gasoline  prices that occurs over  the next                                                               
few months will  be the result of market changes  rather than the                                                               
result  of   anything  specific  that  the   legislature  or  the                                                               
administration might be doing.                                                                                                  
                                                                                                                                
9:50:34 AM                                                                                                                    
                                                                                                                                
KIP KNUDSON,  Manager, External  Affairs, Tesoro  Alaska Company,                                                               
turned  the committee's  attention to  page 1  of his  PowerPoint                                                               
presentation,  and relayed  that Tesoro  Alaska Company  has been                                                               
adding value  to Alaska's economy for  close to 40 years,  and is                                                               
ingrained in  the Kenai Peninsula  community.   Turning attention                                                               
to  page 2  of  his PowerPoint  presentation,  he explained  that                                                               
gasoline is  a commodity  in both  Alaska and  the Lower  48, and                                                               
that Wikipedia defines "commodity" in part as:                                                                                  
                                                                                                                                
     ... anything  for which there  is demand, but  which is                                                                    
     supplied without  qualitative differentiation  across a                                                                    
     market.   In other  words, copper is  copper.   Rice is                                                                    
     rice.  ... One  of the  characteristics of  a commodity                                                                    
     good is that  its price is determined as  a function of                                                                    
     its market as a whole.                                                                                                     
                                                                                                                                
MR. KNUDSON  surmised that this  is basically saying  that supply                                                               
and  demand -  not manufacturers  - determines  commodity prices.                                                               
Gasoline is  a fungible product  in that there is  no qualitative                                                               
difference  between one  refiner's  gasoline and  another's.   He                                                               
noted, however, that this is not  as true so much anymore because                                                               
certain  states and  regions in  the Lower  48 are  now requiring                                                               
refiners to make  what he called "boutique  fuels" - specifically                                                               
gasoline - and  these are not fungible; this has  created what he                                                               
called "fuel  islands" in the Lower  48.  For example,  states in                                                               
the  Northwest  have  just  started  to migrate  over  to  a  new                                                               
gasoline formula because they are  now mandating the introduction                                                               
of ethanol [into the fuel]; this  means that anyone in Alaska who                                                               
wanted to go down south and  buy "Neat (ph) 87 octane fuel" would                                                               
have some  difficulty even finding  it because most  refiners are                                                               
now   making  a   product  to   which  ethanol   can  be   added.                                                               
Nonetheless, all  refiners are still making  essentially the same                                                               
kind of product - a fungible product.                                                                                           
                                                                                                                                
9:55:41 AM                                                                                                                    
                                                                                                                                
MR. KNUDSON explained  that if a commodity  market experiences an                                                               
oversupply, prices fall, and if  demand for a commodity cannot be                                                               
met, prices increase.   In the short term,  commodity markets are                                                               
completely  uncaring  about  what  it costs  to  manufacture  the                                                               
commodity;  again,  it  is supply  and  demand  which  determines                                                               
market  prices.   In the  long run,  however, if  the price  of a                                                               
commodity falls  below what  it costs  to produce  the commodity,                                                               
eventually  a  producer/manufacturer  will go  out  of  business;                                                               
supply  will  then tighten,  and  prices  will  rise again.    In                                                               
response  to  comments, he  opined  that  the gasoline  commodity                                                               
market  in   Alaska  is  functioning   normally,  notwithstanding                                                               
challenges, adding that  his company has provided the  DOL with a                                                               
lot of confidential information confirming that point.                                                                          
                                                                                                                                
MR.  KNUDSON,  turning attention  to  page  3 of  his  PowerPoint                                                               
presentation,  explained that  over the  past couple  of decades,                                                               
gasoline   refining/marketing   has  become   very   complicated,                                                               
particularly  as  a  result  of   government  interaction.    For                                                               
example, there  are new rules  and regulations that  the industry                                                               
has  had   to  come  into   compliance  with  and   make  capital                                                               
investments in, in order to stay  in business.  And soon the U.S.                                                               
Environmental Protection Agency (EPA)  will be requiring industry                                                               
to  remove  benzene  from  gasoline,   and  will  be  instituting                                                               
significant regulation of greenhouse  gases.  Furthermore, Tesoro                                                               
Alaska Company, because its refinery  is located "on tidewater in                                                               
the  Cook Inlet,"  will have  deal with  regulations designed  to                                                               
protect beluga whales.                                                                                                          
                                                                                                                                
MR.  KNUDSON  turned  attention  to  page  4  of  his  PowerPoint                                                               
presentation,  and explained  that it  illustrates the  amount of                                                               
investment that  the refining industry  has had to make  in order                                                               
to stay in business  under environmental regulatory requirements.                                                               
Notwithstanding  this  investment,  the  price  of  gasoline,  as                                                               
illustrated  on  Page  5  of  his  PowerPoint  presentation,  has                                                               
historically  remained  relatively  constant  when  adjusted  for                                                               
inflation.   In  response to  a question,  he explained  that his                                                               
company's refinery in Kenai has  a "nameplate" capacity of 72,000                                                               
barrels.   In response to  other questions, he  acknowledged that                                                               
when a small refinery makes  a "regulatory investment," there are                                                               
fewer barrels  across which to  spread that cost, and  then spoke                                                               
briefly about Tesoro Corporation's  other refineries, adding that                                                               
the  refinery  in Alaska  doesn't  have  an extensive  conversion                                                               
capability.                                                                                                                     
                                                                                                                                
10:06:58 AM                                                                                                                   
                                                                                                                                
MR.  KNUDSON,  turning attention  to  page  6 of  his  PowerPoint                                                               
presentation, noted that Tesoro  Alaska Company is an independent                                                               
refiner, as are  all of Alaska's refineries, and thus  has to buy                                                               
its  oil on  the open  market.   As an  independent refiner,  the                                                               
company's economic  model is  based on  being more  efficient and                                                               
providing  a  competitive  alternative  to  an  integrated  major                                                               
[producer].   An  independent refiner  doesn't  profit from  high                                                               
[retail]  prices but  instead makes  a profit  or suffers  a loss                                                               
based on the difference between the  market cost of crude oil and                                                               
the market price  of the refined products, and so  the goal of an                                                               
independent refiner is to make  a profit, both when retail prices                                                               
are high and when they are low.                                                                                                 
                                                                                                                                
MR.  KNUDSON  turned  attention  to  page  7  of  his  PowerPoint                                                               
presentation,  and explained  that  although there  are only  two                                                               
manufacturers  of  gasoline  in  Alaska,   there  are  a  lot  of                                                               
"marketers".  Refiners  make a variety of products  but have very                                                               
little ability to  differ the amounts of the  products they make,                                                               
and all refiners have "minimum run  rates" and all strive, at all                                                               
costs, to avoid  having to turn off their  refineries.  Refiners,                                                               
like  all  manufactures,  follow best  practices  that  encourage                                                               
"just-in-time  inventories,"  because   otherwise  they  will  be                                                               
punished financially  if they have  either too much crude  oil or                                                               
too  much refined  product  in  their tanks  at  any given  time.                                                               
Refiners also build storage and  distribution networks to satisfy                                                               
customer needs  without engaging  in long-term storage  of either                                                               
raw crude oil or refined product.                                                                                               
                                                                                                                                
MR. KNUDSON  indicated that refiners  are faced with  the dilemma                                                               
of  selling  all the  products  they  produce daily,  and  Tesoro                                                               
Alaska Company sells its 50,000  barrels of daily product through                                                               
a multitude  of channels, such as  those listed on pages  8 and 9                                                               
of  his   PowerPoint  presentation:    retail   sales  at  Tesoro                                                               
stations;   wholesale   branded    rack   sales,   both   through                                                               
distributors  and  through   dealers;  wholesale  unbranded  rack                                                               
sales, both  on contract and via  open rack; and bulk  sales.  He                                                               
noted that Tesoro  Alaska Company also exchanges gasoline  - as a                                                               
fungible  commodity product  - with  other  refineries, and  that                                                               
this is a standard operating practice throughout the world.                                                                     
                                                                                                                                
10:14:07 AM                                                                                                                   
                                                                                                                                
MR.  KNUDSON, turning  attention  to page  10  of his  PowerPoint                                                               
presentation, said  it illustrates that Alaska's  gasoline demand                                                               
is very  small compared with  all other  Petroleum Administration                                                               
for Defense  District (PADD) V states.   Referring to page  11 of                                                               
his   PowerPoint   presentation,   which   illustrates   refinery                                                               
locations in  the U.S., he  explained that two of  the refineries                                                               
on  the North  Slope  are  just topping  plants  operated by  the                                                               
producers,  who generally  just use  what they  produce at  those                                                               
plants to further their own  oil production efforts as opposed to                                                               
selling it on the commercial  market.  Alaska, essentially, then,                                                               
just has  [three] refineries, and  the reason that the  state has                                                               
so many  - given  its size  - is  because of  the demand  for jet                                                               
fuel, also known as distillates;  Alaska's demand for jet fuel is                                                               
more than  three times  its demand  for gasoline,  as illustrated                                                               
via  page  12  of  the   PowerPoint  presentation,  and  Alaska's                                                               
refineries are primarily designed to produce jet fuel.                                                                          
                                                                                                                                
MR.   KNUDSON,   referring  to   page   13   of  his   PowerPoint                                                               
presentation, mentioned that approximately  one-third of what his                                                               
company's Kenai  refinery produces  is considered  "the bottoms,"                                                               
for which there is no market  in Alaska and which usually sell at                                                               
a loss.  Page 14  of the PowerPoint presentation illustrates that                                                               
Alaska's gasoline demand  is subject to seasonal  swings - demand                                                               
is greater in  the summer months and less in  the winter months -                                                               
and  this causes  difficulties for  refiners as  they attempt  to                                                               
adhere  to  their   run  rates.    Page  15   of  the  PowerPoint                                                               
presentation states  that seasonal  swings can hurt  a business's                                                               
return on investment regardless of what kind of business it is.                                                                 
                                                                                                                                
MR.   KNUDSON  indicated   that   page  16   of  his   PowerPoint                                                               
presentation  illustrates that  on  a  monthly average,  Alaska's                                                               
retail sites  only sell a  bit more  than half the  gasoline that                                                               
Washington's retail  sites sell and  only about one-third  of the                                                               
gasoline  California's  retail  sites  sell.    Page  17  of  the                                                               
PowerPoint   presentation  illustrates   that  Tesoro's   branded                                                               
outlets  constitute  only  about  15 percent  of  Alaska's  total                                                               
retail outlets; he added that  Tesoro also supplies only about 15                                                               
percent  of  Alaska's total  retail  market.    [Page 18  of  the                                                               
PowerPoint presentation is  a duplicate of page 10.]   Page 19 of                                                               
the  PowerPoint presentation  shows  an overhead  view of  Tesoro                                                               
Alaska Company's Anchorage tank farm.   Turning attention to page                                                               
20 of his PowerPoint presentation,  he explained that maintaining                                                               
maximum throughput  is essential for a  successful fuel terminal,                                                               
and  that in  order to  maximize its  throughput at  the Port  of                                                               
Anchorage, Tesoro leases storage to its competitors.                                                                            
                                                                                                                                
10:21:45 AM                                                                                                                   
                                                                                                                                
MR. KNUDSON referred  to page 21 of  his PowerPoint presentation,                                                               
and explained that the commodity  price for fuel is determined by                                                               
[the price of] the last barrel  going into a particular market to                                                               
satisfy the  demand in that  market.   He mentioned that  this is                                                               
where the concepts  of import parity and export  parity come into                                                               
play, and that all producers play  a critical role.  Referring to                                                               
page 22  of his PowerPoint  presentation, he said  it illustrates                                                               
recent volatility  in the Pacific  Northwest spot  market, adding                                                               
that  the recent  daily  price swings  are  unprecedented.   Risk                                                               
constitutes a  cost, and  a company  must protect  itself against                                                               
risk in order to stay in business.                                                                                              
                                                                                                                                
MR.  KNUDSON  turned  attention  to   pages  23  and  24  of  his                                                               
PowerPoint  presentation, which  illustrate some  retail gasoline                                                               
prices in  Anchorage and Juneau  on 11/21/08.  The  lowest retail                                                               
price  listed  for  Anchorage is  $2.76/gallon,  and  the  lowest                                                               
retail price listed  for Juneau $3.22/gallon, which  includes a 5                                                               
percent  sales tax.   Juneau  has no  refineries, and  is a  pure                                                               
import market,  though it  is 1,000 miles  closer to  the Pacific                                                               
Northwest spot  market than Anchorage  is.  Turning  attention to                                                               
page  25 of  his  PowerPoint presentation,  he  said it  compares                                                               
[both  before-tax  retail  gasoline  prices and  rack  rates]  in                                                               
Anchorage  with those  of Seattle.    With the  exception of  the                                                               
steep rise and the steep fall  in the price of Alaska North Slope                                                               
(ANS) crude  oil, he  remarked, the "pricing  curves" are  on par                                                               
with  historical  trends.    In  other  words,  it  appears  that                                                               
Alaska's commodity  market is working  roughly just as  it always                                                               
has.   Since  an independent  refiner  makes money  based on  the                                                               
difference between  the market cost  of crude oil and  the market                                                               
price of  the refined  products, it can  be troublesome  when the                                                               
price of crude  oil and the Pacific Northwest  spot market price,                                                               
for example, get close, just as  they are now.  If this persists,                                                               
it could result  in a refinery going out of  business, and supply                                                               
will subsequently decrease.                                                                                                     
                                                                                                                                
MR.   KNUDSON,   referring  to   page   26   of  his   PowerPoint                                                               
presentation, said it illustrates the  spread - as a percentage -                                                               
between the  price of  ANS crude oil  and [the  before-tax retail                                                               
gasoline  price]  in  Anchorage.    From  December  2007  through                                                               
October 2008,  the percentage was  exceptionally low, but  is now                                                               
moving back  to "normal"  levels.   He again  pointed out  that a                                                               
refiner has  to be  able to  make a profit  in both  a high-price                                                               
environment and  a low-price environment.   Referring to  page 27                                                               
of  his  PowerPoint  presentation,  he  said  that  the  refining                                                               
industry is one  of the few successful  value-added industries in                                                               
Alaska.  Tesoro Alaska Company  has been adding value to Alaska's                                                               
oil for 39 years and has  employed Alaskans to make products that                                                               
Alaskans buy.   Economists in  the Lower 48 have  determined that                                                               
the [job  multiplier] for  a refinery is  nine, much  higher than                                                               
for  other  industries, and  this  means  that in  Kenai,  Tesoro                                                               
accounts for approximately 1,800 jobs  - 200 jobs in the refinery                                                               
itself,  and each  of those  jobs multiplied  by nine.   In-state                                                               
refineries,  by  supplying jet  fuel,  have  helped underpin  the                                                               
growth of the international air  cargo industry in both Anchorage                                                               
and Fairbanks,  and this demand for  jet fuel has in  turn helped                                                               
underpin  the  ability  of  in-state   refineries  to  make  more                                                               
gasoline  and  diesel.    For  example,  even  though  Alaska  is                                                               
geographically distant  from large fuel markets,  the reliability                                                               
of its refineries' gasoline supply is excellent.                                                                                
                                                                                                                                
MR.  KNUDSON, turning  attention  to page  28  of his  PowerPoint                                                               
presentation,  said   that  Tesoro   is  continuing   to  provide                                                               
proprietary  data  to the  DOL,  and  that Tesoro  maintains  the                                                               
belief that the  DOL's confidential forum is  the correct process                                                               
through which to investigate gasoline  prices.  In conclusion, he                                                               
urged  the  legislature  to  wait for  the  DOL's  report  before                                                               
getting too  far ahead with any  legislative proposals, surmising                                                               
that   that  report   could  assist   the   legislature  in   its                                                               
deliberations.    In  response  to a  question,  he  offered  his                                                               
understanding that the DOL intends  to conclude its investigation                                                               
before the end of the year.                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER  noted  that   the  DOL  is  investigating                                                               
whether the high retail gasoline  prices in Alaska are the result                                                               
of any  criminal activity,  but that  the legislature,  via these                                                               
meetings, is  instead considering policy issues  related to those                                                               
high prices.   Referring to  page 25 of Mr.  Knudson's PowerPoint                                                               
presentation, he  asked why retail  gasoline prices  in Anchorage                                                               
began  to diverge  dramatically  from  Seattle's retail  gasoline                                                               
prices in  April 2008,  and why  Alaska's prices  didn't decrease                                                               
when Seattle's retail gasoline prices  and the price of ANS crude                                                               
oil decreased.                                                                                                                  
                                                                                                                                
10:39:59 AM                                                                                                                   
                                                                                                                                
MR.  KNUDSON  said he  could  not  point  to  a reason  why,  and                                                               
reminded members  that the Pacific Northwest  commodity market is                                                               
geographically   distinct   from   Alaska's   commodity   market.                                                               
Furthermore,  demand in  the West  Coast's  gasoline markets  has                                                               
dropped    significantly,   thus    immediately   altering    the                                                               
supply:demand  relationship  in  those  markets;  in  Alaska,  in                                                               
contrast, the  supply:demand relationship did not  change as fast                                                               
or  at  all,  and  this  might  account  for  the  aforementioned                                                               
divergence.   However,  historically,  similar divergences  occur                                                               
roughly every September, and some of  that has to do with how, in                                                               
the summertime,  the gasoline  supply on the  West Coast  must be                                                               
altered in  order to comply  with [more  stringent environmental]                                                               
regulations,  but need  not be  altered in  the wintertime,  thus                                                               
essentially increasing the supply and  resulting in a decrease in                                                               
price.                                                                                                                          
                                                                                                                                
MR. KNUDSON,  in response  to comments,  opined that  because the                                                               
Pacific Northwest spot  price has been at or below  the ANS crude                                                               
price this  fall - as illustrated  via page 25 of  his PowerPoint                                                               
presentation -  this indicates that the  Pacific Northwest market                                                               
is  out of  balance.   Perhaps Alaska's  commodity market  is, in                                                               
fact, in balance.  In response  to a question, he said he doesn't                                                               
know how  many days Tesoro  Alaska Company could store  an excess                                                               
supply  of  gasoline  before  finding   itself  in  trouble,  but                                                               
reiterated that his  company simply cannot allow such  a thing to                                                               
happen.                                                                                                                         
                                                                                                                                
CHAIR RAMRAS  questioned whether  a boycott on  gasoline stations                                                               
would bring retail prices back down in the near term.                                                                           
                                                                                                                                
MR.  KNUDSON acknowledged  that  lowering  consumer demand  would                                                               
definitely   have    an   impact   on    Alaska's   supply:demand                                                               
relationship.   In response to  questions, he concurred  that the                                                               
gasoline   manufacturing  capacity   of  refineries   in  Alaska,                                                               
especially during winter months,  exceeds demand; in other words,                                                               
because of  the demand  for jet  fuel, Alaska's  refineries could                                                               
find that they  are making too much gasoline  to properly account                                                               
for  seasonal swings  in demand.    In response  to comments,  he                                                               
explained that all refiners in  Alaska have to calculate how much                                                               
gasoline they can produce without having to export it at a loss.                                                                
                                                                                                                                
REPRESENTATIVE  HAWKER suggested  that the  high in-state  prices                                                               
Alaska's  refiners are  setting are  subsidizing any  losses that                                                               
might result from exporting excess supply to the Lower 48.                                                                      
                                                                                                                                
10:48:54 AM                                                                                                                   
                                                                                                                                
CHAIR  RAMRAS asked  what the  rack  rate is  at [Tesoro's  Kenai                                                               
refinery].                                                                                                                      
                                                                                                                                
MR. KNUDSON said he hasn't been provided with that information.                                                                 
                                                                                                                                
CHAIR RAMRAS asked Mr. Knudson  to provide the committee with the                                                               
current rack rates at all of Tesoro Corporation's refineries.                                                                   
                                                                                                                                
MR.  KNUDSON said  he  would, but  warned  that that  information                                                               
would  not reflect  Alaska's  market  and that  the  fuel at  the                                                               
company's other refineries could not be transported to Alaska.                                                                  
                                                                                                                                
CHAIR  RAMRAS   predicted  that  the  DOL's   investigation  will                                                               
conclude that  Alaska's high retail  gasoline prices are  not the                                                               
result of  illegal activity, and  again opined that  the governor                                                               
herself should be speaking to  Alaska's refiners about those high                                                               
prices because  no one has  been able to  explain, to his  or his                                                               
constituents'  satisfaction,   the  disparity   between  Alaska's                                                               
retail gasoline  prices and retail  gasoline prices in  the Lower                                                               
48.  He  then expressed disfavor with the DOL's  statement in its                                                               
press release  that the  administration can  do nothing  to lower                                                               
Alaska's retail gasoline prices.                                                                                                
                                                                                                                                
REPRESENTATIVE LYNN surmised that the  governor is not unaware of                                                               
the  problem, and  expressed satisfaction  with  the steps  being                                                               
taken thus far.                                                                                                                 
                                                                                                                                
REPRESENTATIVE KELLY  offered his belief  that the high  price of                                                               
gasoline at the  refinery level is caused by  too much government                                                               
regulation, and  cautioned against  rushing to add  another layer                                                               
of government regulation in an attempt  to address the issue.  It                                                               
may instead  be more  appropriate to  simply continue  having the                                                               
refiners justify to the legislature  why Alaska's gasoline prices                                                               
are so high.                                                                                                                    
                                                                                                                                
10:58:49 AM                                                                                                                   
                                                                                                                                
JEFF  COOK, Director,  External Affairs,  Flint Hills  Resources,                                                               
said he did not have any new  information to add to that which he                                                               
provided at the previous two meetings  on this topic.  He relayed                                                               
that Flint Hills Resources is  continuing to provide the DOL with                                                               
requested information, and  is working on a  presentation for the                                                               
committee's next meeting on the  topic of high gasoline prices in                                                               
Alaska.    He noted  that  he,  too,  is  precluded by  law  from                                                               
disclosing  information about  his company's  pricing strategies,                                                               
and relayed the  names of individuals from his  company who might                                                               
be speaking at the next meeting.                                                                                                
                                                                                                                                
11:02:38 AM                                                                                                                   
                                                                                                                                
CLYDE  (ED)  SNIFFEN,  JR., Senior  Assistant  Attorney  General,                                                               
Commercial/Fair  Business  Section, Civil  Division  (Anchorage),                                                               
Department of  Law (DOL),  relayed that the  DOL will  be meeting                                                               
with  Delta  Western,  Inc.;  Holiday  Stationstores,  Inc.;  and                                                               
Costco Wholesale Corporation.  Delta  Western, Inc., he explained                                                               
is  one  of  Southeast  Alaska's   primary  fuel  suppliers,  and                                                               
operates  a barge  transportation company.   Obtaining  data from                                                               
such a  company could provide  the DOL  with a better  picture of                                                               
why  Southeast Alaska's  pricing structure  is as  it is.   As  a                                                               
barge operator,  Delta Western, Inc., is  largely responsible for                                                               
setting  the  wholesale  price  of   fuel  in  Juneau  and  other                                                               
Southeast Alaska communities; retailers then  use that price as a                                                               
benchmark when setting their retail prices.                                                                                     
                                                                                                                                
MR. SNIFFEN  said that although  Delta Western, Inc., is  not the                                                               
only  wholesale provider  of fuel  in Southeast  Alaska, it  is a                                                               
significant player, purchasing fuel  in the Pacific Northwest and                                                               
having  "terminaling"  capacity  of  between 10  million  and  15                                                               
million  gallons in  Juneau.   When  Delta  Western, Inc.,  fills                                                               
those tanks,  it might  take Juneau  consumers several  months to                                                               
use  up that  supply, throughout  paying the  price set  when the                                                               
tanks were filled up.  The  dynamics of fuel pricing in an import                                                               
market such as  Juneau's, therefore, are a lot  different than in                                                               
the Railbelt,  where refineries  are located.   In response  to a                                                               
question, he  surmised that  he would  be able  to get  data from                                                               
Delta  Western,  Inc., and  other  companies  regarding how  fast                                                               
Juneau  consumers go  through Juneau's  fuel supply,  adding that                                                               
that information would be included in the DOL's final report.                                                                   
                                                                                                                                
MR. SNIFFEN  explained that the  DOL has been working  with Barry                                                               
Pulliam from  Econ One Research,  Inc., to  try to make  sense of                                                               
all the  data the DOL  has been gathering throughout  its current                                                               
investigation into  why retail gasoline prices  in Alaska haven't                                                               
fallen at  same rate as retail  gasoline prices in the  Lower 48.                                                               
He  indicated  that having  a  better  understanding of  all  the                                                               
market factors responsible for gasoline  pricing being what it is                                                               
will enable  the DOL  to better  determine whether  Alaska's high                                                               
retail  gasoline   prices  are  indeed  the   result  of  illegal                                                               
activity.   He said he  anticipates that the  DOL's investigation                                                               
should  be  concluded  by  the  start  of  the  next  legislative                                                               
session.                                                                                                                        
                                                                                                                                
MR. SNIFFEN explained  that his office was recently  asked by the                                                               
attorney  general to  provide the  public with  an update  on its                                                               
investigation,  and did  so  in the  form  of the  aforementioned                                                               
press release; however,  providing factually accurate information                                                               
without divulging confidential information was difficult to do.                                                                 
                                                                                                                                
CHAIR RAMRAS noted that Petro  Star, Inc. (PSI), has provided the                                                               
committee with written testimony.                                                                                               
                                                                                                                                
11:12:09 AM                                                                                                                   
                                                                                                                                
BARRY  PULLIAM, Senior  Economist,  Econ One  Research, Inc.,  in                                                               
response to a  question, concurred that on the  issue of gasoline                                                               
pricing,  there  are  complexities  in the  market  place  to  be                                                               
considered;  for  example, one  must  recognize  that the  retail                                                               
price  of gasoline  is dependent  upon both  the market  price of                                                               
crude  oil  as  well  as  other  factors  such  as  the  cost  to                                                               
manufacture gasoline  and the cost  of distributing it,  with the                                                               
latter actually constituting another  market.  So although Alaska                                                               
and  the rest  of the  country, particularly  West Coast  states,                                                               
have  to reckon  with the  market price  of crude  oil and  share                                                               
similar  types of  distribution systems,  the composition  of the                                                               
"downstream"  markets  is  very  different in  the  rest  of  the                                                               
country than it is in Alaska.                                                                                                   
                                                                                                                                
MR. PULLIAM also acknowledged that  perhaps folks in the Lower 48                                                               
are benefiting from more competition,  since anytime a market has                                                               
more competitors, the quicker pricing  will respond to changes in                                                               
raw material costs.  Mr. Pulliam  then referred to page 25 of Mr.                                                               
Knudson's PowerPoint  presentation, and  noted that the  price of                                                               
ANS crude oil appears to have  peaked in July 2008, and that over                                                               
the course of  the next four and a half  months the price dropped                                                               
by about  $100 a  barrel.   This was  an unprecedented  drop, and                                                               
must be taken  into account when considering the  issue of retail                                                               
gasoline pricing.   All other parts of the  country except Alaska                                                               
and Hawaii  responded fairly quickly  to the change in  crude oil                                                               
prices, with only a small lag  in the lowering of retail gasoline                                                               
prices; this  is the  result of competition.   In  Alaska, market                                                               
forces  are actually  working,  though in  a  delayed manner,  to                                                               
bring  retail  gasoline prices  down,  he  opined.   Mr.  Pulliam                                                               
concurred with  the data on  page 25 of Mr.  Knudson's PowerPoint                                                               
presentation  indicating  that  [Pacific Northwest  spot  market]                                                               
prices for gasoline  in the Lower 48 have fallen  below ANS crude                                                               
oil  prices, which,  he relayed,  he hopes  don't fall  any lower                                                               
than they are now.                                                                                                              
                                                                                                                                
MR. PULLIAM, in response to  a comment, predicted that unless the                                                               
price of crude  oil falls below where it is  now, gasoline prices                                                               
in the lower 48, at least  at the wholesale level, "have probably                                                               
made  their run,"  and  opined that  having  those prices  remain                                                               
below the cost  of crude oil is not sustainable.   There has been                                                               
some  "fattening" in  the margin  between rack  rates and  retail                                                               
prices, and  that's getting worked off;  in the last week  or so,                                                               
for the  first time this fall,  there has actually been  a bit of                                                               
an acceleration in  the speed with which  Alaska's prices dropped                                                               
compared to  how much prices  in the Lower  48 have dropped.   He                                                               
predicted that retail  gasoline prices in Anchorage  are going to                                                               
continue to fall,  and so again urged the legislature  to keep in                                                               
mind the unprecedented  drop in crude oil prices -  an anomaly in                                                               
and of itself.                                                                                                                  
                                                                                                                                
CHAIR RAMRAS asked Mr. Pulliam  what the legislature could do now                                                               
to bring immediate  relief to constituents with  regard to retail                                                               
gasoline prices.                                                                                                                
                                                                                                                                
11:24:44 AM                                                                                                                   
                                                                                                                                
MR. PULLIAM  surmised that  nothing can be  done within  the next                                                               
month or so to lower Alaska's  retail gasoline prices at the same                                                               
rate as  retail gasoline prices are  lowering in the rest  of the                                                               
country;  nothing,  that  is,  short of  imposing  some  sort  of                                                               
regulation to  that effect.   He  mentioned that  when regulatory                                                               
solutions were attempted elsewhere, they failed.                                                                                
                                                                                                                                
CHAIR RAMRAS  said his constituents  want something done  now and                                                               
won't be satisfied with the answer that nothing can be done.                                                                    
                                                                                                                                
MR. PULLIAM clarified that he did  not mean to say that prices in                                                               
Alaska won't continue  to move towards parity with  prices in the                                                               
Lower 48  between now and [the  end of the year];  rather, prices                                                               
in  Alaska will  continue  to  decline, and  the  gap in  pricing                                                               
levels will continue to narrow.                                                                                                 
                                                                                                                                
MR.   PULLIAM,  on   the  issue   of   the  possible   unintended                                                               
consequences of  attempting to  regulate pricing,  suggested that                                                               
such regulation  could limit  participation in  Alaska's gasoline                                                               
industry;   could   reduce   competition;  could   limit   profit                                                               
opportunities; could  result in underinvestment in  the industry;                                                               
could result in  product [both gasoline and  jet fuel] shortages;                                                               
and could  result in a  decline in  the quality and/or  choice of                                                               
products.  Furthermore,  there is also the  possibility that such                                                               
regulation  could  result  in  even   higher  retail  prices,  as                                                               
occurred in  Hawaii when  that state  chose to  regulate gasoline                                                               
pricing; once  a price  cap is  set, people  tend to  price their                                                               
product  at  that  level,  thus  eliminating  the  potential  for                                                               
competition [to keep  prices low].  Another point  to consider is                                                               
that  regulating the  price of  petroleum  products will  require                                                               
extra personnel to monitor prices,  and so the question will then                                                               
become at what level is that done and at which locations.                                                                       
                                                                                                                                
MR.   PULLIAM,  in   response  to   comments   and  a   question,                                                               
acknowledged that the market in  Southeast Alaska doesn't respond                                                               
in  the  same  way  that  the  market  in  Western  Alaska  does,                                                               
regardless  that  they  are  both   import  markets,  because  of                                                               
differences in  scale.  Therefore,  when considering  the concept                                                               
of regulation  as the means  of reducing prices,  the legislature                                                               
must also  keep in mind  that the  situation is different  in the                                                               
Railbelt, for example,  than it is in other  locations around the                                                               
state; in  other words,  regulation that  works in  Anchorage may                                                               
not work elsewhere in the state.                                                                                                
                                                                                                                                
REPRESENTATIVE  HAWKER asked  whether the  lag in  pricing parity                                                               
could be  the result  of a  difference in  the supply/procurement                                                               
process in the various Alaska markets.                                                                                          
                                                                                                                                
MR.  SNIFFEN said  he  is  not sure  but  would  be seeking  more                                                               
information  on  that point.    He  too  remarked on  the  recent                                                               
narrowing  of the  gap in  pricing parity,  and also  offered his                                                               
belief that that gap will  continue to narrow, and mentioned some                                                               
retail prices  he's seen recently.   On the issue of  what can be                                                               
done now, he said that the  DOL is currently very limited in what                                                               
it can  do legally  to stop  someone who  might be  charging high                                                               
prices  absent any  actual criminal  activity.   Furthermore,  it                                                               
could very well be that  Alaska's high gasoline prices are simply                                                               
the  result of  unconscionable  pricing  practices, and  although                                                               
existing  statutes would  allow the  DOL to  put a  stop to  such                                                               
practices,  [it  could  be  difficult  to  prove  that  they  are                                                               
actually occurring].                                                                                                            
                                                                                                                                
CHAIR  RAMRAS,  after  making  comments  and  in  response  to  a                                                               
question, acknowledged that he has  not yet asked the governor to                                                               
meet with Alaska's refiners regarding their pricing practices.                                                                  
                                                                                                                                
11:45:49 AM                                                                                                                   
                                                                                                                                
MR. SNIFFEN ventured that it might  be easier to find evidence of                                                               
collusion  than  evidence  of unconscionable  pricing  practices.                                                               
And  even if  any  such evidence  is found,  it  might still  not                                                               
result  in a  lowering of  prices.   In conclusion,  he suggested                                                               
that absent any criminal activity,  [consumers] must just let the                                                               
market work itself out.                                                                                                         
                                                                                                                                
CHAIR  RAMRAS asked  whether  the recent  repeal  of the  State's                                                               
motor fuel tax of $.08 has really  been passed on as a savings to                                                               
the consumer.                                                                                                                   
                                                                                                                                
MR. PULLIAM said  the data indicates that retail  prices did drop                                                               
by  that amount  once the  repeal took  effect, but  acknowledged                                                               
that he is unable to say  whether rack rates would have come down                                                               
anyway even  if the tax had  not been repealed.   He pointed out,                                                               
however, that  in the short  term, gasoline taxes don't  affect a                                                               
market's  supply:demand relationship.    In  response to  another                                                               
question,  he  explained  that retailers  still  aren't  charging                                                               
consumers  that $.08  tax, but  added that  he can't  say whether                                                               
wholesale prices are higher now  than they otherwise would be had                                                               
the tax not been repealed.                                                                                                      
                                                                                                                                
REPRESENTATIVE  HAWKER,  again  referring   to  page  25  of  Mr.                                                               
Knudson's PowerPoint  presentation, opined that  Alaska retailers                                                               
have simply raised their prices by $.08.                                                                                        
                                                                                                                                
CHAIR  RAMRAS  agreed,  and  characterized  the  retail  gasoline                                                               
prices  that Alaskans  are paying  as unconscionable  compared to                                                               
what consumers are  paying in the Lower 48.   He then listed some                                                               
of the information  that might be included  in the aforementioned                                                               
forthcoming  committee report,  and  spoke of  how the  committee                                                               
might be proceeding after the lunch break.                                                                                      
                                                                                                                                
The committee took a recess from 11:54 a.m. to 1:27 p.m.                                                                        
                                                                                                                                
CHAIR  RAMRAS,  on  the issue  of  possible  future  legislation,                                                               
indicated  that  one  piece  of   legislation  might  pertain  to                                                               
increasing the  state's anti-trust  penalties, and  another might                                                               
address instances of price gouging.                                                                                             
                                                                                                                                
1:29:11 PM                                                                                                                    
                                                                                                                                
MR. PULLIAM, in response to  a request, offered his understanding                                                               
that  the   price-gouging  statutes  in  other   states  are  all                                                               
triggered by  the declaration of a  state of emergency -  such as                                                               
would  result from  a hurricane  -  and are  intended to  prevent                                                               
retailers from  taking undue advantage  of consumers  during such                                                               
times.  One challenge with  that type of legislation, however, is                                                               
in defining  exactly what constitutes  price gouging,  because in                                                               
order for  any such legislation  to be meaningful in  Alaska, the                                                               
behavior of price gouging would have to be quantifiable.                                                                        
                                                                                                                                
CHAIR  RAMRAS  noted  that  another   piece  of  possible  future                                                               
legislation  might authorize  State regulation  of the  industry,                                                               
and  might  take  into account  market  differences  in  Alaska's                                                               
various regions.                                                                                                                
                                                                                                                                
MR. PULLIAM  said that  in going  that route,  one would  have to                                                               
consider  several   things,  one  being  at   what  level  should                                                               
regulatory  oversight  be  imposed;  for example,  there  is  the                                                               
refinery level, the "rack level,"  and the retail level, and each                                                               
level  has different  challenges to  contend with.   Furthermore,                                                               
particularly in Alaska, geographic factors  would also have to be                                                               
considered.   This was  an issue when  Hawaii chose  to regulate,                                                               
because the outlying  islands had to barge  gasoline into smaller                                                               
terminals  with   different  distribution   systems,  and   so  a                                                               
different  factor  had  to  be   calculated  depending  upon  the                                                               
destination of  the gasoline.   Alaska's situation would  be even                                                               
more complicated because there is  no central point through which                                                               
the product would first flow.                                                                                                   
                                                                                                                                
MR. PULLIAM explained  that any type of  regulatory measure would                                                               
have  to  give  market  participants  the  incentive  to  provide                                                               
petroleum products  reliably in all  locations, so as not  to run                                                               
the risk  of having  a shortage.   Another  challenge is  that in                                                               
trying to  find the  correct level  of regulatory  oversight, one                                                               
runs the  risk of setting the  price either too low  or too high.                                                               
The balance is  delicate, he opined, and surmised  that the State                                                               
-  presumably via  the Regulatory  Commission of  Alaska (RCA)  -                                                               
would  spend a  lot  of  time and  energy  trying  to design  and                                                               
monitor the  details of such  regulatory oversight.   In response                                                               
to  a  question, he  suggested  that  the State  should  consider                                                               
whether there is  any artificial barrier to  competition, such as                                                               
overregulation  or  a  lack of  infrastructure.    Consider,  for                                                               
example,  that the  more  terminaling capacity  there  is in  the                                                               
state,  the  better,  because  it opens  up  the  possibility  of                                                               
bringing  product   in  from  elsewhere,   and  that   threat  of                                                               
competition could act as a disciplinary tool for the market.                                                                    
                                                                                                                                
CHAIR RAMRAS  noted that  the jet fuel  producers in  Alaska have                                                               
been very responsive to the market.                                                                                             
                                                                                                                                
MR.  PULLIAM pointed  out, though,  that buyers  of jet  fuel can                                                               
form  consortiums  and pool  their  buying  power, which  is  not                                                               
something  typically  seen  with   regard  to  gasoline,  perhaps                                                               
because doing so would raise antitrust issues.                                                                                  
                                                                                                                                
REPRESENTATIVE HAWKER asked what the  State could do to encourage                                                               
competition.                                                                                                                    
                                                                                                                                
1:41:57 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS  mentioned  that the  written  testimony  from  PSI                                                               
touches  upon that  topic.   He then  remarked on  the hazard  of                                                               
having an  excess supply on  the market,  as has occurred  in the                                                               
Lower 48 when existing refineries have expanded.                                                                                
                                                                                                                                
MR. PULLIAM  characterized refining as  a cyclical business  - in                                                               
that  both  capacity  and  demand can  fluctuate  quickly  -  one                                                               
requiring large investment as well as being risky.                                                                              
                                                                                                                                
CHAIR  RAMRAS observed  that  if an  entrepreneur  were to  bring                                                               
gasoline up  to Alaska, he/she would  run risk of not  being able                                                               
to  sell that  gasoline at  a  price sufficient  to cover  costs,                                                               
particularly given  that Alaska's refineries  already manufacture                                                               
enough gasoline to satisfy the needs of the state.                                                                              
                                                                                                                                
MR. PULLIAM,  in response to  a comment, explained  that although                                                               
the historical pattern  is for Alaska's gasoline  prices to lower                                                               
at a  slower rate than gasoline  prices in the Lower  48, they do                                                               
still continue  to lower; therefore,  if this  historical pattern                                                               
maintains  itself, Alaska's  gasoline prices  will lower  further                                                               
than  they are  now.   He noted  that rack  rates in  the Pacific                                                               
Northwest have dropped  below the price of crude  oil, and opined                                                               
that rack rates cannot stay  below crude oil prices for prolonged                                                               
periods of time.  In response  to a question, he also opined that                                                               
even  if demand  does not  increase, rack  rates down  south will                                                               
have to increase  above the price of crude oil  in the long term,                                                               
and that they most certainly will if demand increases.                                                                          
                                                                                                                                
MR. PULLIAM, in response to  another question, offered his belief                                                               
that  Alaska's  retail  gasoline  prices  will  fall  because  of                                                               
competition in the market over  the available margins between the                                                               
cost of  crude oil and the  price of gasoline; those  margins are                                                               
high  in Alaska.    Retail  prices are  also  likely to  continue                                                               
decreasing  over   the  coming  months  since   the  demand  [for                                                               
gasoline] is lower  in the wintertime.  If  prices don't continue                                                               
to lower, he warned, then that would be cause for concern.                                                                      
                                                                                                                                
1:50:42 PM                                                                                                                    
                                                                                                                                
MR.  PULLIAM, in  conclusion, cautioned  the legislature  against                                                               
taking  action  now -  particularly  with  regard to  instituting                                                               
regulatory  oversight -  based just  on how  the market  has been                                                               
behaving  over  the  last  few  months;  the  legislature  should                                                               
instead  gather  more  data [while]  seeing  whether  the  market                                                               
corrects itself.                                                                                                                
                                                                                                                                
REPRESENTATIVE  LYNN  asked  whether  there  is  any  correlation                                                               
between the  recent national  and international  financial crises                                                               
and the high price of gasoline in Alaska.                                                                                       
                                                                                                                                
MR.  PULLIAM  said that  in  general,  the financial  crises  and                                                               
deteriorating  economy are  having an  impact nationwide,  though                                                               
probably a  more immediate impact  elsewhere than in Alaska.   He                                                               
predicted  that if  the  economy stays  weak,  it could  [reduce]                                                               
Alaska's historical summer  increase in demand, and  this will in                                                               
turn impact fuel prices.                                                                                                        
                                                                                                                                
CHAIR RAMRAS expressed a reluctance  to interfere with the market                                                               
via potential statutory or regulatory changes.                                                                                  
                                                                                                                                
REPRESENTATIVE LYNN relayed that he  has concerns as well because                                                               
of the potential negative impact on the free market.                                                                            
                                                                                                                                
REPRESENTATIVE DAHLSTROM concurred.                                                                                             
                                                                                                                                
2:01:19 PM                                                                                                                    
                                                                                                                                
JERRY  McCUTCHEON  suggested  that   the  State  either  hire  an                                                               
antitrust expert  to investigate  the gasoline  pricing situation                                                               
in Alaska,  or ask  the U.S.  Office of  the Attorney  General to                                                               
conduct an  investigation into  the matter.   He opined  that the                                                               
level  of gasoline  pricing in  Cook Inlet  is inappropriate  and                                                               
would fall  apart under truly close  scrutiny.  In response  to a                                                               
question,  he  offered  his belief  that  antitrust  behavior  is                                                               
taking place  at the  refinery level, and  that the  refiners are                                                               
acting together to keep prices high.                                                                                            
                                                                                                                                
CHAIR  RAMRAS offered  his  understanding  that only  Legislative                                                               
Council or  the Legislative Budget  and Audit Committee  have the                                                               
authority to hire legal counsel to pursue antitrust violations.                                                                 
                                                                                                                                
MR.  McCUTCHEON opined  that because  there is  so much  money at                                                               
stake, the  legislature has a  duty to get the  best investigator                                                               
it can  even if  it means  that another  committee at  some other                                                               
point in  time authorizes it.   In response to comments,  he also                                                               
opined that the committee's continuing on  as it has been on this                                                               
issue,   without  the   benefit  of   professional  investigatory                                                               
expertise, is futile.                                                                                                           
                                                                                                                                
2:08:07 PM                                                                                                                    
                                                                                                                                
DONALD  WESTLUND said  that considering  how low  retail gasoline                                                               
prices  currently are  in  the  Lower 48,  it  seems that  retail                                                               
gasoline  prices in  Alaska  don't seem  to  decrease very  fast,                                                               
though they  are quick to increase.   In response to  a question,                                                               
he offered his  understanding that currently the  retail price of                                                               
gasoline in Ketchikan is $3.75/gallon or higher.                                                                                
                                                                                                                                
CHAIR RAMRAS  read bullet  point number  7 of  the aforementioned                                                               
DOL press release [original punctuation provided]:                                                                              
                                                                                                                                
     Gasoline  sold in  Southeast Alaska  is barged  up from                                                                    
     the  Pacific Northwest  and from  Cook Inlet.   Because                                                                    
     fuel  is only  barged  in  once a  month  or every  few                                                                    
     months, it  takes longer for prices  to reflect current                                                                    
     market conditions.  It may  take two or three months to                                                                    
     exhaust current supply before  less (or more) expensive                                                                    
     gasoline is available and sold to retailers.                                                                               
                                                                                                                                
CHAIR RAMRAS recalled that previous  testimony has indicated that                                                               
in  Juneau,  it can  take  several  months  to exhaust  the  fuel                                                               
inventory in order to make room  for a new gasoline shipment, and                                                               
that in places  like Kotzebue, which is currently  subjected to a                                                               
retail  gasoline   price  of  about  [$7.85/gallon],   bulk  fuel                                                               
supplies come  in only once a  year.  He surmised  that the DOL's                                                               
final report will take up this issue in greater detail.                                                                         
                                                                                                                                
MR. WESTLUND  noted that although barge  transportation is touted                                                               
as the cheapest form of  transportation, [retail gasoline] prices                                                               
aren't  consistent in  Southeast  Alaska.   For example,  because                                                               
Ketchikan  is  the first  stop  for  barge shipments,  one  would                                                               
assume  that the  price of  gasoline  in Ketchikan  would be  the                                                               
cheapest, but  it is not.   He said this is  really discouraging,                                                               
particularly given that for his  guided sport [fishing] business,                                                               
he  burns approximately  100-120 gallons  of fuel  every day,  so                                                               
when the  price of fuel goes  up, it takes more  customers to pay                                                               
for the  fuel.  When there  are only three or  four customers per                                                               
day, that does  not leave much margin for  profit considering all                                                               
the  other  costs that  must  also  be met.    In  response to  a                                                               
comment, he relayed that he  did not go commercial shrimping this                                                               
year because of the cost of fuel.                                                                                               
                                                                                                                                
2:14:09 PM                                                                                                                    
                                                                                                                                
DOLORES "DORRIE"  FARRELL said she echoes  the concerns expressed                                                               
by  the two  prior testifiers,  though  noted that  the price  of                                                               
gasoline is  not such an  issue for her personally  because there                                                               
are  so few  roads in  Sitka.   She  shared her  belief that  the                                                               
[pricing] situation [in Sitka] began  deteriorating about four or                                                               
five  years ago,  when "Texaco  was bought  out by"  Petro Marine                                                               
Services, adding that although she  wrote letters of complaint to                                                               
Representative Peggy  Wilson and  the attorney  general's office,                                                               
no  action was  taken.   She said  she disagrees  with statements                                                               
advocating that  the free  market be allowed  to function  as is,                                                               
surmising that  the nation's current  fiscal situation is  due to                                                               
the   federal  government   taking   just  that   route.     It's                                                               
unconscionable,  she opined,  that in  places where  there is  no                                                               
competition,  such  as  in [many  communities  in  Southeast],  a                                                               
retail gasoline  company can charge  whatever it  pleases; retail                                                               
gasoline prices  are quick to go  up when the price  of crude oil                                                               
goes up, but  it's months before consumers  see any corresponding                                                               
drop  in retail  gasoline  prices  when the  price  of crude  oil                                                               
decreases.                                                                                                                      
                                                                                                                                
MS. FARRELL  opined that there  is a lot of  injustice occurring,                                                               
and  that  consumer affairs  are  a  legitimate concern  of  both                                                               
federal and state governments, which  shouldn't simply stand back                                                               
and allow the  free market to find its  own balance, particularly                                                               
given that  when there  is no competition,  prices get  to remain                                                               
extremely  high.    She  questioned  what  effect  the  antitrust                                                               
legislation of the  early 1900s has been having.   With regard to                                                               
the [aforementioned DOL] press release,  she said, "I just have a                                                               
lot  of issues  with  this," and  recommended  that a  comparison                                                               
study  [of  retail gasoline  prices]  in  Sitka, Petersburg,  and                                                               
Juneau  be  made,  since  Sitka  and  Petersburg  have  "no  real                                                               
competition" but  Juneau does.   In response  to a  question, she                                                               
mentioned that  a [new]  company in  Sitka was  recently charging                                                               
$3.65/gallon,  and that  Petro Marine  Services recently  dropped                                                               
its price to $3.61/gallon but not  long ago was charging close to                                                               
$5.00/gallon.   This lowering  of retail  prices by  Petro Marine                                                               
Services is  the result of  competition, she opined,  and offered                                                               
her understanding  that there  are plans  for another  company to                                                               
start selling  marine fuel  in Sitka, but  those plans  are being                                                               
fought with vigor by Petro Marine Services.                                                                                     
                                                                                                                                
MS. FARRELL  said that this is  not right, and opined  that it is                                                               
the function  of the  legislature to  address such  situations as                                                               
well  as to  consider  how competition  influences  the price  of                                                               
gasoline in  places like Juneau,  for example.  She  then relayed                                                               
that when  she filled up  her home heating  oil tank a  week ago,                                                               
the price was $3.974/gallon.  This  cannot go on, she opined, and                                                               
questioned where  people are  going to  turn to  for help  if the                                                               
government  won't do  anything it.   She  relayed that  the local                                                               
utility has said  that if people continue to  convert to electric                                                               
[heat], there will be blackouts.                                                                                                
                                                                                                                                
CHAIR RAMRAS  noted that the price  of [number 1 heating  oil] in                                                               
Fairbanks is  now approximately $2.45/gallon, and  that the price                                                               
of home heating  oil is a big  concern in his community.   He too                                                               
remarked  on the  fact that  retail gasoline  prices in  Wrangell                                                               
should be some of the lowest  in the state given that those tanks                                                               
were just  filled up with  lower-cost gasoline from  Seattle, but                                                               
are instead still  some of the highest prices,  and surmised that                                                               
the DOL will be investigating that situation as well.                                                                           
                                                                                                                                
MS.  FARRELL pointed  out that  although  the news  on the  radio                                                               
periodically  announced  that Hawaii  had  the  highest price  of                                                               
gasoline, the  price quoted was  always $.90 to $1.00  lower than                                                               
the price  of gasoline in  Alaska, even though Hawaii  is further                                                               
from the mainland  than Sitka.  She opined  that consumer affairs                                                               
must be  an active,  basic, functioning  part of  government, and                                                               
remarked, "If  government doesn't  protect its citizens,  what is                                                               
its purpose?"                                                                                                                   
                                                                                                                                
REPRESENTATIVE  DAHLSTROM relayed  that gasoline  is $2.74/gallon                                                               
in Eagle River - the lowest it's been in a long time.                                                                           
                                                                                                                                
CHAIR  RAMRAS, in  response  to a  question,  confirmed that  the                                                               
committee has not yet heard from the RCA.                                                                                       
                                                                                                                                
2:25:10 PM                                                                                                                    
                                                                                                                                
TIM LUTHER -  regarding the statement in the  DOL's press release                                                               
that a  community's retail  gasoline prices  won't go  down until                                                               
the  community has  exhausted its  existing, more-expensive  fuel                                                               
inventory  - pointed  out that  that's not  what occurs  when the                                                               
cost of the new inventory exceeds  the cost of the old inventory:                                                               
prices rise  immediately even when there  is still [lower-priced]                                                               
fuel  in inventory.   He  opined that  the DOL's  argument should                                                               
apply in both situations.                                                                                                       
                                                                                                                                
CHAIR RAMRAS said  in Barrow the price of gasoline  is much lower                                                               
than in  Kotzebue, because Barrow  got its supply when  the [rack                                                               
rate] was lower.  Wrangell, on  the other hand, just had its fuel                                                               
supply topped off  at what should have been a  rack rate of about                                                               
$2.00 or less, but still has a retail price of $4.76/gallon.                                                                    
                                                                                                                                
MR. LUTHER  recollected that  gasoline in  Kodiak, which  has two                                                               
suppliers  of gasoline,  was consistently  at about  $4.64/gallon                                                               
for about  a year and then  increased to a bit  over $5.00/gallon                                                               
when  the price  of  crude  oil spiked.    He questioned  whether                                                               
maintaining   a  certain   price   simply   because  there's   no                                                               
competition  could be  considered price  gouging, and  why retail                                                               
prices  in Alaska  are  taking  so long  to  decrease given  that                                                               
retail prices  in the Lower  48 are  declining rapidly.   He also                                                               
noted that although  there is a decline in  gasoline usage during                                                               
the  winter months,  there is  an increase  in heating  oil usage                                                               
during those months; currently, the  price of home heating oil in                                                               
Kodiak is $3.61/gallon,  and some residents can  go through about                                                               
100 gallons in about a week and a half.                                                                                         
                                                                                                                                
CHAIR RAMRAS  again offered his  understanding that the  DOL will                                                               
be  asking  questions  of  those   companies  that  obtain  their                                                               
gasoline supply via barge.                                                                                                      
                                                                                                                                
2:31:56 PM                                                                                                                    
                                                                                                                                
DICK COOSE  opined that the  DOL's press release  doesn't contain                                                               
much  in  the way  of  new  information,  but does  contain  some                                                               
serious  errors.   For example,  although bullet  point number  7                                                               
says that  fuel is only barged  to Southeast Alaska once  a month                                                               
or  every  few months,  in  the  summer,  gasoline is  barged  to                                                               
Ketchikan every two weeks or  more often depending on the demand.                                                               
About a month ago, the City  of Ketchikan got a fuel delivery for                                                               
its  diesel  generators,  with  a  transportation  cost  of  only                                                               
$.22/gallon; meanwhile,  retail gasoline prices in  Ketchikan are                                                               
now about  $1.70/gallon more  than prices  in the  Lower 48.   He                                                               
characterized this discrepancy as outrageous.                                                                                   
                                                                                                                                
2:36:21 PM                                                                                                                    
                                                                                                                                
MICHAEL E. McCARTHY  provided the committee with  the diesel fuel                                                               
prices he'd paid  in Alaska and in various  other locations while                                                               
on a trip down south, including  the dates he purchased his fuel,                                                               
and offered  his belief that those  prices have had an  impact on                                                               
tourism.   And as of yesterday,  he noted, the price  of gasoline                                                               
in  Homer was  $3.34/gallon, whereas  the national  average price                                                               
was  down  to  $2.02/gallon.     He  questioned  why  the  recent                                                               
unprecedented reduction  in the price  of crude oil has  not been                                                               
reflected at  the pumps [in  Homer].  Historically,  gasoline was                                                               
always less  expensive than  diesel, but  now it  is not,  and he                                                               
said  he found  that  to also  be true  in  Denmark, Norway,  and                                                               
Sweden when he was  there a few months ago.   He then listed some                                                               
prices to illustrate his point.                                                                                                 
                                                                                                                                
MR.  McCARTHY said  he  has since  compared  diesel and  gasoline                                                               
prices between  Wyoming and Alaska  - since those two  states are                                                               
similar  in  population,  distribution [networks],  and  oil  and                                                               
gasoline production -  and found that the prices  for both diesel                                                               
and  gasoline  are higher  in  Alaska  than  in Wyoming.    After                                                               
listing some of  those prices, he questioned  why Alaska's prices                                                               
were so high.   He suggested to the committee  that they consider                                                               
instituting a prohibition against  usury-like gasoline pricing in                                                               
Alaska,  and  opined that  there  is  no  reason why  the  record                                                               
profits  recently  enjoyed  by the  major  oil  producers  should                                                               
result in a  burden being placed upon the citizens  of Alaska and                                                               
the rest of the country.                                                                                                        
                                                                                                                                
CHAIR  RAMRAS  noted  that "we"  have  enforced  new,  low-sulfur                                                               
requirements for  diesel fuel which  may have impacted  the price                                                               
of diesel  in Alaska, and  surmised that that regulatory  cost is                                                               
being passed  on to  the consumer.   The  legislature, therefore,                                                               
must  be careful  not to  put  further pressure  on the  consumer                                                               
through  statutory or  regulatory  changes  that have  unintended                                                               
consequences.                                                                                                                   
                                                                                                                                
MR.   McCARTHY   offered    his   understanding,   though,   that                                                               
Scandinavian countries  have the  same low-sulfur  requirements -                                                               
and, therefore, the same production  costs - and yet diesel costs                                                               
less than regular gasoline in those countries.                                                                                  
                                                                                                                                
The committee took an at-ease from 2:47 p.m. to 3:01 p.m.                                                                       
                                                                                                                                
3:01:21 PM                                                                                                                    
                                                                                                                                
JAVEN OSE  questioned whether it  is really in the  best interest                                                               
of Alaska's  citizens to have to  pay $1.50 more [for  fuel] than                                                               
people  pay in  the Lower  48, particularly  given that  Alaska's                                                               
citizens  own the  state's  resources, including  oil.   He  then                                                               
asked  whether members  were familiar  with the  contract between                                                               
Flint Hills Resources and the State of Alaska.                                                                                  
                                                                                                                                
CHAIR RAMRAS indicated that members were not.                                                                                   
                                                                                                                                
MR.  OSE opined  that members  should become  familiar with  that                                                               
contract.   He  then offered  his understanding  that during  the                                                               
"energy  crisis,"  the State  of  Alaska  did not  increase  "the                                                               
amount  of refined  fuel," adding,  "When you  want the  price to                                                               
come down, you flood the market."  He continued:                                                                                
                                                                                                                                
     The  amount of  barrels per  day allowed  at the  Flint                                                                    
     Hills refinery  is 22,000 at  the bottom and  77,000 at                                                                    
     the  top,  and  for  five  years,  we've  been  pumping                                                                    
     [40,000 - 45,000 barrels] and  taking the rest in money                                                                    
     and shoving it in the  legislature or shoving it in the                                                                    
     permanent fund.                                                                                                            
                                                                                                                                
MR. OSE opined  that the state of Alaska is  in the oil business,                                                               
that  the people  are getting  gouged, and  that it's  up to  the                                                               
legislature to do  something about that.  One way  to address the                                                               
problem  is for  the  State to  take part  in  the oil  business;                                                               
regardless  that the  State has  failed in  its involvement  with                                                               
other public  sector industries,  no one is  losing money  in the                                                               
oil business today.   He recommended that the  legislature or the                                                               
administration put  out either  a general  order or  an executive                                                               
order requiring  that [gasoline] prices  in Alaska be fixed.   He                                                               
named Iraq, Iran, Saudi Arabia,  and Venezuela as countries which                                                               
sell their  gas at world market  prices and provide gas  to their                                                               
citizens at very  low prices.  He questioned  why the legislature                                                               
doesn't  simply  order  Flint  Hills  Resources  to  produce  the                                                               
maximum amount  allowed.   The opportunity is  there to  give the                                                               
people of Alaska  $1/gallon gasoline, but is  instead taking care                                                               
of  its   resource  in   "a  very   poor  fashion,"   he  opined,                                                               
particularly  given that  gasoline prices  in some  areas of  the                                                               
Lower 48 have  dropped down to $1.65/gallon.   That's outrageous,                                                               
he remarked.                                                                                                                    
                                                                                                                                
MR. OSE  asked how much  it costs  for the Flint  Hills Resources                                                               
refinery to producing a gallon of gasoline.                                                                                     
                                                                                                                                
CHAIR   RAMRAS  explained   that   that  is   considered  to   be                                                               
confidential information.                                                                                                       
                                                                                                                                
3:06:36 PM                                                                                                                    
                                                                                                                                
MR.  OSE opined,  then, that  the solution  is for  the State  of                                                               
Alaska to have  its own refinery, and  characterized the refiners                                                               
currently operating in Alaska as price  gougers.  On the issue of                                                               
gasoline  prices  in  Alaska  increasing  one  day  after  a  new                                                               
[higher-cost] shipment arrives but taking  months to drop after a                                                               
lower-cost  shipment  arrives,  Mr.  Ose  characterized  that  as                                                               
crazy,  adding  "We own  it,  let's  act like  we  own  it."   In                                                               
response to  comments, he  opined that  the refineries  are where                                                               
the  problem is,  and  that they  are  contractually required  to                                                               
accommodate  the  State  in  its  requests  that  the  refineries                                                               
refurbish, rebuild,  or update their facilities,  or increase the                                                               
amount of refined product they produce.                                                                                         
                                                                                                                                
MR. OSE, in  conclusion, urged the legislature to step  up to the                                                               
plate and  do something about  the situation; for example  if the                                                               
State  were to  start producing  jet fuel,  Anchorage could  once                                                               
again become "the  air crossroads of the world."   In response to                                                               
comments,  he said,  "It falls,  not  in the  governor's lap,  it                                                               
falls in  the legislature's lap -  let's get some cheap  gas here                                                               
until  that stuff  runs  out" -  and surmised  that  even if  the                                                               
governor were to  issue an executive order to put  a price freeze                                                               
on  gasoline of  $1.00/gallon, "we'll  argue it  for the  next 10                                                               
years  in court,  but  we'll  get 10  years'  worth of  $1/gallon                                                               
gasoline."                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:15 p.m.                                                                 

Document Name Date/Time Subjects