Legislature(1995 - 1996)

03/07/1995 11:12 AM House O&G

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE SPECIAL COMMITTEE ON OIL AND GAS                            
                         March 7, 1995                                         
                           11:12 a.m.                                          
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Norman Rokeberg, Chairman                                      
 Representative Scott Ogan, Vice-Chair                                         
 Representative Gary Davis                                                     
 Representative Tom Brice                                                      
 Representative Bettye Davis                                                   
 Representative David Finkelstein                                              
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Bill Williams                                                  
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 Committee work session with questions and answers on Oil and Gas              
 royalties by the Department of Law, and the Department of Natural             
 Resources.                                                                    
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 PATRICK COUGHLIN, Assistant Attorney General                                  
 Oil, Gas, and Mining Section                                                  
 Department of Law                                                             
 1031 West 4th Avenue                                                          
 Anchorage, AK 99501                                                           
 Telephone:  (907) 269-5255                                                    
                                                                               
 BILL VAN DYKE, Petroleum Manager                                              
 Division of Oil and Gas                                                       
 Department of Natural Resources                                               
 3601 C street, Suite 1380                                                     
 Anchorage, AK 99501                                                           
 Telephone:  (907) 762-2550                                                    
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 95-7, SIDE A                                                             
 Number 000                                                                    
                                                                               
 CHAIRMAN NORMAN ROKEBERG called the House Special Committee on Oil            
 and Gas to order at 11:12 a.m.  The members present at the call to            
 order were Representative(s) Rokeberg, Ogan and Brice.  Chairman              
 Rokeberg stated that today's meeting would be a work session.                 
                                                                               
 Number 015                                                                    
                                                                               
 CHAIRMAN ROKEBERG informed committee members there were two people            
 from the Administration to give testimony.  Chairman Rokeberg asked           
 if they would identify themselves for the record.  The gentlemen              
 introduced themselves.                                                        
                                                                               
 BILL VAN DYKE, Petroleum Manager, Division of Oil and Gas,                    
 Department of Natural Resources, stated his responsibilities                  
 included unitization, permitting, and royalty administration.                 
                                                                               
 PATRICK COUGHLIN, Assistant Attorney General, Oil, Gas, and Mining            
 Section, Department of Law, said his primary client agent is the              
 Division of Oil and Gas.                                                      
                                                                               
 Number 030                                                                    
                                                                               
 CHAIRMAN ROKEBERG informed the members their objective for the                
 meeting was to review HB 207 which is the Governor's royalty                  
 reduction bill, and to raise questions for the commencement of the            
 hearings.  Chairman Rokeberg stated this would be an informal                 
 meeting, and proceeded to begin the discussion.  The bill will be             
 introduced by Commissioner Shively on Thursday.                               
                                                                               
 Number 056                                                                    
                                                                               
 CHAIRMAN ROKEBERG began the discussion by mentioning Section 1 of             
 the bill, which refers to the "hold harmless" provision of the                
 permanent fund which restricts the 25 or 50 percent depending on              
 the ages of the leases, in doing so it sets a floor under the                 
 reduction of what royalties can be reduced to; number one and                 
 number two provides income for the permanent fund in such a manner            
 that, for example, on a 12.5 percent royalty if you were at a 50              
 percent lease you could only go down to 6.25 percent.  If the                 
 commissioner then decided to lower the rate to 8 percent, the yield           
 would then be only 1.7 percent to the general fund, and 6.25                  
 percent to the permanent fund if that were the circumstance.  The             
 Chair had some concern for this because of our great need for                 
 income in the state.  He then asked Mr. Coughlin and Mr. Van Dyke             
 if they could provide some insight into this issue.                           
                                                                               
 Number 088                                                                    
                                                                               
 MR. COUGHLIN said one of the principles that the Governor wanted to           
 see in regards to the bill was that the permanent fund would be               
 "held harmless," consequently, the bill was drafted so the amount             
 of royalties which would otherwise be paid to the permanent fund              
 would continue to be paid.  This was basically how the provision              
 came into the bill.  Mr. Coughlin said, I understand, if there was            
 not a provision to make this payment to the permanent fund then               
 there would have been some constitutional problem we would have               
 been forced to address.                                                       
                                                                               
 Number 108                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated as he understands it, the Attorney General           
 thinks there may be some constitutional problems if Section 1 is              
 deleted.  He asked if this was correct.                                       
                                                                               
 MR. COUGHLIN stated it was indeed correct.                                    
                                                                               
 Number 111                                                                    
                                                                               
 REPRESENTATIVE TOM BRICE then asked if the royalty goes down, would           
 the share which goes to the permanent fund go down.                           
                                                                               
 Number 115                                                                    
                                                                               
 CHAIRMAN ROKEBERG responded by stating the permanent fund would               
 receive the same share of the 25-50 as it does now.  Right now the            
 statute creates an artificial floor.  He said, "By this, I mean               
 that you can not go below that level of funding."  This may not be            
 the best way to go about solving this problem.  Chairman Rokeberg             
 then stated he would like to move on.                                         
                                                                               
 Number 137                                                                    
                                                                               
 MR. VAN DYKE stated at this point there is a provision for the                
 existing exploration incentive credits that are available to                  
 companies, and when they cash in those credits, the permanent fund            
 gets paid and then they take their credit against the general fund.           
 This is not as explicit as this bill is.                                      
                                                                               
 Number 150                                                                    
                                                                               
 CHAIRMAN ROKEBERG  mentioned we should look at this and see what              
 kind of relationship there is.  He asked, in what instances does              
 this have a relationship with the severance tax?  Chairman Rokeberg           
 said, for example, in the Cook Inlet, many of the wells have a                
 position under the ELF where there is a zero severance tax, but               
 they are still paying 12.5 percent royalty.  But then there may be            
 other fields which have an existing severance tax in place albeit             
 reduced on this numeric order.  Therefore, I would be curious to              
 know if there is any statistical interplay in the total package.              
                                                                               
 Number 165                                                                    
                                                                               
 MR. VAN DYKE stated there is some interplay.  He mentioned the tax            
 payments would go up a little as the royalties went down.                     
                                                                               
 Number 170                                                                    
                                                                               
 CHAIRMAN ROKEBERG informed the committee of some new information              
 that was given to the committee members before the meeting.  The              
 handout to the committee was the "International Oil Tax Comparison            
 Study" which was prepared by Aberdeen University, and Gaffney Cline           
 Associates.  He then asked Mr. Van Dyke if a model is available for           
 us to use, or if we have run any numbers on this topic.                       
                                                                               
 Number 190                                                                    
                                                                               
 MR. VAN DYKE answered he was not sure if that model has been                  
 preserved in its entirety, but there are models available.  He                
 explained he has worked with staff from the Department of Revenue             
 when the study was done.                                                      
                                                                               
 CHAIRMAN ROKEBERG then asked if the study has been updated due to             
 the new changes that have taken place in recent years in the model            
 itself.                                                                       
                                                                               
 MR. VAN DYKE responded that there are models being housed in the              
 Department of Revenue, and he would check on their public                     
 availability.                                                                 
                                                                               
 CHAIRMAN ROKEBERG suggested he might check with Mr. Logsdon as                
 well.                                                                         
                                                                               
 Number 207                                                                    
                                                                               
 CHAIRMAN ROKEBERG then moved on, and mentioned there was some                 
 unclear language on page 2, Section 2.  Chairman Rokeberg mentioned           
 he was not sure if the language covers old fields and new fields.             
 He explained the Section in question was on lines 28-31.                      
                                                                               
 Number 215                                                                    
                                                                               
 MR. COUGHLIN stated the new language beginning on line 28 is to               
 cover, what I would call a "new field," meaning a field that has              
 not gone into production whereas the previous statute covered                 
 fields which had been producing.                                              
                                                                               
 Number 225                                                                    
                                                                               
 CHAIRMAN ROKEBERG asked if the distinction was that Section J                 
 covered old existing fields, and not new fields.  He was answered             
 in the affirmative.                                                           
                                                                               
 CHAIRMAN ROKEBERG asked if by redrafting this, would they be                  
 excluding old fields?                                                         
                                                                               
 Number 228                                                                    
                                                                               
 MR. COUGHLIN said their intent was to give a greater amount of                
 flexibility to the commissioner so he could grant relief in a wider           
 range of circumstances.                                                       
                                                                               
 Number 235                                                                    
                                                                               
 CHAIRMAN ROKEBERG suggested there should be the word "and" inserted           
 on line 29 to make the language clear.                                        
                                                                               
 Number 237                                                                    
                                                                               
 MR. COUGHLIN said he calls these things "trigger events."                     
 Previously, there have been two trigger events.  The first allowed            
 the commissioner in his discretion to grant relief to prolong the             
 economic life of a field.  The second, where you see the word "or"            
 on line 31 allowed the commissioner to re-establish commercial                
 production from a field.  He stated they have added a third prong             
 which allows the commissioner in his discretion to grant royalty              
 relief to a shut-in field that has not gone into production at all.           
                                                                               
 Number 248                                                                    
                                                                               
 CHAIRMAN ROKEBERG asked if the language provides for existing                 
 fields.                                                                       
                                                                               
 MR. COUGHLIN said the Chairman was correct.                                   
                                                                               
 CHAIRMAN ROKEBERG asked if "or" is a disjunctive word.                        
                                                                               
 Number 253                                                                    
                                                                               
 MR. COUGHLIN said the word "or" is from the previous version of the           
 statute, and has not changed.  Before you could do this to prolong            
 the economic life of a field, "or" to re-establish commercial                 
 production of a shut-in field.  He stated, now you can do this for            
 those two, "or" a field which has not been previously produced.               
                                                                               
 Number 257                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated, now we have existing producing fields,              
 shut-in fields, and new fields?                                               
                                                                               
 MR. COUGHLIN stated he was correct.                                           
                                                                               
 CHAIRMAN ROKEBERG explained he wanted to clarify that aspect of the           
 bill to make sure it would impact some of the older fields in the             
 state, for example the Cook Inlet fields.                                     
                                                                               
 Number 270                                                                    
                                                                               
 MR. COUGHLIN asked the Chairman if he could address this issue for            
 a moment.  He said this was the specific purpose of the second                
 prong which was to prolong the economic life of an existing                   
 producing field as costs increase and production decreases in the             
 later stages of the fields life.                                              
                                                                               
 Number 280                                                                    
                                                                               
 CHAIRMAN ROKEBERG said one of the areas of controversy which has              
 arisen is the disclosure of confidential financial and technical              
 data.  He stated there were certain levels of comfort within the              
 industry about this issue.  Chairman Rokeberg asked if it was                 
 correct that the bill provides for a third party analysis of those            
 records.  He also asked how this would work -- would it be done by            
 contract basis.                                                               
                                                                               
 Number 290                                                                    
                                                                               
 MR. VAN DYKE stated if a third party evaluation was going to be               
 completed it would be done by contract, with an appropriate level             
 of confidentiality agreement as part of the contract.                         
                                                                               
 Number 294                                                                    
                                                                               
 CHAIRMAN ROKEBERG said one of the concerns people have expressed is           
 the provision in the bill which provides the Commissioner of                  
 Natural Resources almost absolute discretion in a type of black box           
 environment.  He stated he has had some discussions where the topic           
 has been trying to open up that discretion.  For example, could we            
 have a kind of triad decision making process with the Commissioner            
 of Revenue and the Attorney General.  He asked what problems would            
 arise with a system like this?                                                
                                                                               
 Number 305                                                                    
                                                                               
 REPRESENTATIVE BRICE stated he understood what the Chairman was               
 trying to get at.  He then said, they do however trust the Attorney           
 General to handle all oil settlements without oversight.                      
                                                                               
 Number 311                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated the question is, how can we put a collar             
 around the commissioner.                                                      
                                                                               
 Number 312                                                                    
                                                                               
 REPRESENTATIVE BRICE asked, to make sure that he doesn't give the             
 farm away?                                                                    
                                                                               
 Number 313                                                                    
                                                                               
 CHAIRMAN ROKEBERG said, exactly!  How do we fence in that decision,           
 this I think is the primary job of the legislature, so we will want           
 to look at mechanisms which would have that effect.  Among those,             
 the Chairman stated, he remembered reading the Conoco request from            
 Milne Point for reduction, there was stipulated an establishment of           
 enumerated criteria which the commissioner could work with.                   
 Chairman Rokeberg asked if they would be prepared to talk about               
 this issue in the future rather than just leave this matter to the            
 discretion of the commissioner.  The reason for this is there are             
 no other stipulations other than oil prices that hold the                     
 commissioner in check.                                                        
                                                                               
 Number 331                                                                    
                                                                               
 MR. COUGHLIN stated the bill could be changed to add collars if               
 they wanted to, but there is more than complete discretion here.              
 The commissioner must make a finding that one of the three trigger            
 events exists, and that finding would have to be based on the                 
 information presented by the companies before the commissioner                
 could even consider whether to grant royalties.                               
                                                                               
 Number 340                                                                    
                                                                               
 CHAIRMAN ROKEBERG asked if there are existing regulations in place            
 now that provide the best finding process which you have to follow,           
 or do the additional regulations have to be bill created?                     
                                                                               
 Number 343                                                                    
                                                                               
 MR. VAN DYKE stated there are no stipulated measures or hurdles               
 which would have to be met in the regulation right now.                       
                                                                               
 CHAIRMAN ROKEBERG asked if they would have to draft regulations if            
 the bill was based as it is?                                                  
                                                                               
 Number 347                                                                    
                                                                               
 MR. COUGHLIN said they would not have to.                                     
                                                                               
 Number 348                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated it is for this reason we must fiddle with            
 the proposed legislation.                                                     
                                                                               
 Number 351                                                                    
                                                                               
 MR. COUGHLIN noted there are a number of provisions in 38.05.180              
 where the commissioner makes a decision based on an analysis.  This           
 is not the only place where this appears.  For example, we have a             
 royalty reduction provision which allows the commissioner to reduce           
 royalties for coal.  The standard in this case is simply whenever             
 a reduction is necessary to serve the public interest, he can grant           
 one.                                                                          
                                                                               
 Number 362                                                                    
                                                                               
 MR. VAN DYKE said two of the prongs have to do with either                    
 re-establishing production from a shut-in field or prolonging the             
 life of a currently producing field.  In those two cases, there is            
 a fair amount of public information on the table already.  People             
 know what the rates are and what facilities have been constructed.            
 The new prong will certainly have less public information available           
 due to the fact it is a new field that has not begun production.              
 He stated the best interest finding would be a public document.               
                                                                               
 Number 374                                                                    
                                                                               
 MR. COUGHLIN asked if he could address this topic for a moment.  He           
 said, for example, in Conoco, there were two versions of the                  
 decisional document.  There was a confidential version and a                  
 nonconfidential version.  The confidential version did in fact keep           
 confidential the information which Conoco had requested.                      
                                                                               
 Number 378                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated this decision was a denial.  If this was             
 an approval, it would still be a confidential document?                       
                                                                               
 Number 387                                                                    
                                                                               
 MR. COUGHLIN said the way this was drafted, it is up to the company           
 whether they want to keep the information confidential or not.                
 Typically the statutes now require us to keep technical data                  
 confidential and we do keep financial data confidential at the                
 request of the company for obvious competitive reasons.  He then              
 stated they would only keep it confidential upon the request of the           
 lessee.                                                                       
                                                                               
 Number 394                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated he has been presented with an idea to gain           
 some additional oversight over the Commissioner of Natural                    
 Resources.  It was suggested that the Alaska Oil & Gas Conservation           
 Commission (AOGCC) become involved as part of the whole loop which            
 provides some oversight.  He said he would like to receive some               
 input from the Administration.  He added, the process would work by           
 letting the commissioner make his decision, and rather than it                
 being the final determination, they should send the finding to the            
 AOGCC and have them review it and either accept, reject, or return            
 if for further analysis.  This would seemingly provide some                   
 additional oversight to the singular discretion of one                        
 commissioner.  He said he would like the Attorney General's Office            
 to comment on whether putting the commission in the loop won't help           
 to insulate the process from action by third parties.  This is                
 beneficial because the AOGCC is used to working with confidential             
 materials, and are accustomed to that process.  This may even                 
 increase the comfort zone of the commissioner himself.                        
                                                                               
 Number 426                                                                    
                                                                               
 MR. VAN DYKE mentioned there is a royalty board, but stated the               
 board does not generally see the detailed information that comes              
 along with an application.                                                    
                                                                               
 Number 427                                                                    
                                                                               
 CHAIRMAN ROKEBERG asked if the conservation commission works for              
 the commissioner, and stated this could be a problem if it did.               
 The Chairman was told it was an independent board.  Chairman                  
 Rokeberg then asked if they served at the pleasure of the Governor,           
 or if they can only be removed for cause.  He was told that the               
 board does not serve at the pleasure of the Governor.  Chairman               
 Rokeberg mentioned there was no sunset provision in this law.  He             
 stated one of the concerns which has been brought up about not                
 having it, is that if there were a sunset provision it may appear             
 as if the bill is being passed for specific members of the                    
 industry.  In other words, if there is a tight sunset on this                 
 legislation, it may look like a setup job for specific projects.              
 I do not think this is the case of this bill from the Governor, and           
 it certainly isn't going to be the case of this committee.                    
                                                                               
 Number 446                                                                    
                                                                               
 REPRESENTATIVE BRICE said he thinks not having a sunset clause will           
 provide a certain level of stability to the industry.  They won't             
 have to worry about having to fight for this legislation every two            
 or three years.                                                               
                                                                               
 Number 448                                                                    
                                                                               
 CHAIRMAN ROKEBERG said he thinks the committee should discuss this            
 because he looks at this as a collar on the commissioner.  He then            
 stated this also puts the legislature back into the loop.  Chairman           
 Rokeberg asked if there should be a re-evaluation every five years,           
 or should they index the formulas we come up with.  He said                   
 Representative Joe Green will be working with the committee in his            
 capacity as Chairman of the House Resources Committee.  He then               
 stated Representative Green has some formulaic questions which he             
 would like to work on.  Chairman Rokeberg commented he noticed the            
 legislation calls for adjustment based on oil prices, but there               
 doesn't seem to be anything in the bill speaking to the fact that             
 we may have stumbled upon a mini-elephant.  He said a firm would              
 pray for relief because it is a marginal field.  Many times we                
 really don't know until the area is not only delineated, and the              
 reservoir is defined; it can turn out to be a better prospect than            
 originally thought.  Therefore, I think there should be at least              
 narrative stipulation if not a formulaic stipulation to cover that            
 occurrence, and we would like some help on that.                              
                                                                               
 CHAIRMAN ROKEBERG then stated there are obviously a lot of                    
 variables in any kind of consideration like this, and we might want           
 to talk to the Department of Revenue about making sure all of these           
 variables are covered adequately in the legislation.  Chairman                
 Rokeberg mentioned he would like to hear some arguments for or                
 against net profits, and also payout processes.  He said he likes             
 the payout structure, but when you have a smaller field, by the               
 time you pay it out there may not be anything left for the state.             
 When you lower the royalty up front under a bell curve style of               
 formula, which seems to make a lot of sense, because lowering the             
 royalty at the beginning it helps the company recover their capital           
 cost, then it can go up for a higher adjustment on a sliding scale            
 for the state to recover there and then gradually go down as the              
 productivity of the field goes down to help the firm maintain the             
 field.  This is another problem with the PFD floor, if you have a             
 bell curve formula and there is a floor at 6.25 percent, for                  
 example, the Badami field has a variable royalty which is between             
 13.25 percent and 14.5 percent.                                               
                                                                               
 Number 498                                                                    
                                                                               
 MR. COUGHLIN said there are some leases with 12.5 percent rates and           
 some with 16 2/3 percent.  He then said he believes the overall               
 effective rate on a combined basis is slightly under 14 percent.              
                                                                               
 Number 501                                                                    
                                                                               
 MR. VAN DYKE stated each lease is specific, it is either 16 2/3               
 percent or 12.5 percent.  He then stated some are old leases and              
 some are new leases.                                                          
                                                                               
 Number 509                                                                    
                                                                               
 CHAIRMAN ROKEBERG then asked if the field is unitized.  Both Mr.              
 Coughlin and Mr. Van Dyke stated it was not unitized yet.                     
                                                                               
 CHAIRMAN ROKEBERG then stated he would like to discuss delineated             
 fields.  He asked if there was anything in statute that defined               
 delineation, and is there a need because of this statute to define            
 delineation.                                                                  
                                                                               
 Number 519                                                                    
                                                                               
 REPRESENTATIVE BRICE mentioned the committee was at a very good               
 position to start the discussion.                                             
                                                                               
 Number 523                                                                    
                                                                               
 CHAIRMAN ROKEBERG suggested to the committee that they read the               
 August 1994 Gaffney Cline executive summary, the AOGCC summary, and           
 the Division of Natural Resources rejection of the Conoco                     
 application for royalty reduction.                                            
                                                                               
 MR. VAN DYKE handed out maps to the members of the committee.                 
                                                                               
 Number 534                                                                    
                                                                               
 CHAIRMAN ROKEBERG reminded the committee members they had copies of           
 the existing statutes relating to this discussion.  At this time              
 Chairman Rokeberg asked the members of the committee if they had              
 any questions they would like to ask.                                         
                                                                               
 Number 543                                                                    
                                                                               
 REPRESENTATIVE DAVID FINKELSTEIN stated he had a couple of                    
 questions.  He mentioned the permanent fund section of the statute,           
 and stated it was easier for him to visualize the kind of areas               
 which fall into the leases after 1979, specifically, areas which              
 have the potential to be developed but at this time are too                   
 marginal.  He asked about the leases that were granted before 1979,           
 what leases were those?                                                       
                                                                               
 CHAIRMAN ROKEBERG stated there was a list of those leases in the              
 research report which was given to the members.                               
                                                                               
 REPRESENTATIVE FINKELSTEIN asked about the types of old leases                
 which will benefit from this legislation.  More specifically, which           
 of the old leases not being produced are close enough to the margin           
 to be produced.                                                               
                                                                               
 Number 559                                                                    
                                                                               
 MR. COUGHLIN stated there could be one pre-1979 lease, yet he                 
 believed they are all post-1979 leases.                                       
                                                                               
 CHAIRMAN ROKEBERG asked if that one lease was the Badami field.               
                                                                               
 MR. COUGHLIN said the Chairman was correct.  Mr. Coughlin then                
 stated, in the application that BP has submitted, the area would              
 encompass leases which are virtually all, or primarily post-1979              
 leases.                                                                       
                                                                               
 Number 567                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN asked about the way a lease works if it            
 was granted in the 1970s but not put into production; is there an             
 expiration provision in the lease?                                            
                                                                               
 Number 570                                                                    
                                                                               
 MR. VAN DYKE stated Representative Finkelstein was correct.  He               
 continued, most of the North Slope leases have a ten year primary             
 term.  If they are not proven to be productive within that ten year           
 period the lease will expire.  Mr. Van Dyke mentioned there were              
 certain leases which have gone farther because there were some                
 problems with the state receiving title to the land.  The leases              
 were issued before the state had title to some of the land, and the           
 leases have been in limbo.  Mr. Van Dyke said there are some leases           
 in this category in the Colville River Delta, in what is labeled              
 Kuukpik (ph) on the map, and certainly Prudhoe, and Kaparuk are               
 older leases within those unit areas.                                         
                                                                               
 Number 584                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN said this leads to the question of what            
 would be the significance of justifying this legislation to leases            
 after 1979 that are little known in this pre-1979 category, and               
 would there be any disadvantage in leaving out the pre-1979 leases.           
                                                                               
 Number 587                                                                    
                                                                               
 MR. VAN DYKE responded a majority of the Cook Inlet leases pre-               
 1979, however, most of those leases that are still in effect are              
 producing leases or have produced at some time in the past.                   
                                                                               
 Number 594                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN stated he was presenting a theory which            
 he is sure has some exceptions.                                               
                                                                               
 Number 600                                                                    
                                                                               
 MR. COUGHLIN stated they were the target of the law before this               
 amendment, and they remained a concern of the industry and the                
 Division of Natural Resources in trying to maximize revenues for              
 the state, because you can have a lease which has been producing              
 for a long time which would have been issued before 1979, and                 
 because it has now started to decline in production profile curve,            
 it may need a royalty reduction which would be to the mutual                  
 benefit of the state and to the lessee to reduce the royalty so we            
 can get increased production and more money.  Otherwise, the                  
 company may stop producing.                                                   
                                                                               
 Number 610                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated we could reach the point of a zero royalty           
 and a zero severance and still be worthwhile to produce because it            
 creates jobs.  He asked Representative Finkelstein about the                  
 comments he made about the shut-in wells.                                     
                                                                               
 Number 615                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN stated he was trying to get to the                 
 broader category of what is covered here and your point reminds me            
 there are plenty of marginal ones on the downside, as well.                   
                                                                               
 CHAIRMAN ROKEBERG responded to Representative Finkelstein by                  
 stating he has addressed a question he has had, which is, are there           
 shut-in wells whose leases have expired that might be subject to              
 reopening, and what scenario would they be under, the 25 or 50                
 percent?                                                                      
                                                                               
 MR. VAN DYKE said if the lease has expired, then it is gone.                  
                                                                               
 CHAIRMAN ROKEBERG agreed and said there would presumably be a new             
 lease to reopen the shut-in well.  He then asked if there were                
 expired leases with shut-in wells which might benefit from the                
 royalty reduction?                                                            
                                                                               
 Number 625                                                                    
                                                                               
 MR. VAN DYKE stated, for the most part the wells would have been              
 plugged and abandoned so they would not be very easy to reenter.              
                                                                               
 Number 628                                                                    
                                                                               
 CHAIRMAN ROKEBERG mentioned when you plug a well on the North                 
 Slope, there may still be the possibility of future production.               
 This probably would not be the case on the Kenai Peninsula due to             
 the amount that it would cost.                                                
                                                                               
 Number 630                                                                    
                                                                               
 MR. VAN DYKE said they have certainly reissued leases in the past,            
 and issued leases on land that contain plugged and abandoned wells.           
                                                                               
 Number 633                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated he would like to bring up two other major            
 questions.  First, is the issue of appealability, what it means and           
 its relationship to a third party and due process.  This is because           
 the legislation says the decision of the commissioner is not                  
 appealable, and we want to figure out what that means.  The other             
 big issue, which this statute is silent on, but which I am very               
 concerned about is what I call the integrity of the bid leasing               
 process.  In other words, if we enact this particular royalty bill            
 will this encourage them to engage in "bait-and-switch" bidding on            
 competitive lease sale where they can highball a bid to get control           
 of the acreage, then come back later and ask for a royalty                    
 reduction.  I think we must establish trust and faith, but this is            
 a concern I have.  I would like to have some feedback on these                
 topics.                                                                       
                                                                               
 Number 654                                                                    
                                                                               
 MR. VAN DYKE said they would share some ideas with the committee.             
 He then mentioned, a lot of this depends on whether you are bidding           
 the royalty rate and then you bid higher than you wanted to, or               
 whether you are bidding cash and there is a fixed royalty rate to             
 start with.                                                                   
                                                                               
 Number 657                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated it may be preferable to just have fixed              
 royalty bidding in the future and let the other variables come into           
 play.  This, however, would only marginally affect future leases.             
 There are also some which it would have no affect on.  He then                
 stated he was concerned about future bidding, and it may be a fix             
 to leave the rate at 12.5 percent without any other variable.                 
 There are some other things that I won't bring up right now.                  
                                                                               
 Number 666                                                                    
                                                                               
 CHAIRMAN ROKEBERG asked if there were any further questions.                  
                                                                               
 Number 667                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN mentioned he would like see if there was           
 any way the statements could be removed from the law could be                 
 retained with some variations.  He mentioned the two statements on            
 page 3 dealing with the possible economic return.  He asked if                
 there was a way to put this into the context of long-term economic            
 return, or if there was a way to keep the concept but require a               
 long-term economic analysis.                                                  
                                                                               
 Number 675                                                                    
                                                                               
 CHAIRMAN ROKEBERG asked about a reasonable rate of return for this            
 program.                                                                      
                                                                               
 CHAIRMAN ROKEBERG thanked Mr. Coughlin and Mr. Van Dyke for                   
 attending.                                                                    
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 At 11:55 a.m. Chairman Rokeberg adjourned the meeting.                        
                                                                               
                                                                               

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