Legislature(1995 - 1996)

03/21/1995 10:05 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 21, 1995                                        
                           10:05 a.m.                                          
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Norman Rokeberg, Chairman                                      
 Representative Scott Ogan, Vice-Chair                                         
 Representative Gary Davis                                                     
 Representative Bill Williams                                                  
 Representative Tom Brice                                                      
 Representative Bettye Davis                                                   
 Representative David Finkelstein                                              
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All Members Present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HB 207:  "An Act relating to adjustments to royalty reserved to the           
          state to encourage otherwise uneconomic production of oil            
          and gas; relating to the depositing of royalties and                 
          royalty sale proceeds in the Alaska permanent fund; and              
          providing for an effective date."                                    
                                                                               
          HEARD AND PASSED OUT OF COMMITTEE                                    
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 THOMAS WILLIAMS, Alaska Tax Counsel (Teleconference)                          
 BP Exploration - Alaska, Inc.                                                 
 P.O. Box 196612                                                               
 Anchorage, Alaska  99519-6612                                                 
 Telephone:  564-5955                                                          
 POSITION STATEMENT:  Supports HB 207                                          
                                                                               
 BRADLEY PENN, (Teleconference)                                                
 Marathon Oil Company                                                          
 P.O. Box 196168                                                               
 Anchorage, Alaska  99519-6168                                                 
 Telephone:  564-6428                                                          
 POSITION STATEMENT:  Supports HB 207                                          
                                                                               
 KEVIN TABLER, (Teleconference)                                                
 Union Oil Company of California                                               
 P.O. Box 196247                                                               
 Anchorage, Alaska  99519-6247                                                 
 Telephone:  263-7600                                                          
 POSITION STATEMENT:  Supports HB 207                                          
 STEVEN MAHONEY, Managing Tax Counselor (Teleconference)                       
 ARCO ALASKA                                                                   
 P.O. Box 100360                                                               
 Anchorage, Alaska  99510-0360                                                 
 Telephone:  265-6527                                                          
 POSITION STATEMENT:  Supports HB 207                                          
                                                                               
 JOHN SHIVELY, Commissioner                                                    
 Department of Natural Resources                                               
 400 Willoughby Avenue                                                         
 Juneau, Alaska  99801                                                         
 Telephone:  465-2400                                                          
 POSITION STATEMENT:  Available for questions                                  
                                                                               
 JACK CHENOWETH, Attorney                                                      
 Legal Services Division                                                       
 Legislative Affairs Agency                                                    
 130 Seward Street, Room 409                                                   
 Juneau, Alaska  99801                                                         
 Telephone:  465-2450                                                          
 POSITION STATEMENT:  Available for questions                                  
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 207                                                               
 SHORT TITLE: ADJUSTMENTS TO OIL AND GAS ROYALTIES                             
 SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                  
                                                                               
 JRN-DATE     JRN-PG                  ACTION                                   
 02/27/95       501    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/27/95       501    (H)   OIL & GAS, RESOURCES, FINANCE                     
 02/27/95       501    (H)   FISCAL NOTE (DNR)                                 
 02/27/95       501    (H)   2 ZERO FISCAL NOTES (DNR, REV)                    
 02/27/95       501    (H)   GOVERNOR'S TRANSMITTAL LETTER                     
 03/08/95       665    (H)   CORRECTED FISCAL NOTE (DNR)                       
 03/09/95              (H)   O&G AT 12:00 PM CAPITOL 17                        
 03/09/95              (H)   MINUTE(O&G)                                       
 03/14/95              (H)   O&G AT 10:00 AM CAPITOL 124                       
 03/14/95              (H)   MINUTE(O&G)                                       
 03/15/95              (H)   O&G AT 05:00 PM BELTZ ROOM 211                    
 03/15/95              (H)   MINUTE(O&G)                                       
 03/16/95              (H)   O&G AT 10:00 AM CAPITOL 124                       
 03/16/95              (H)   MINUTE(O&G)                                       
 03/17/95              (H)   O&G AT 05:00 PM CAPITOL 124                       
 03/17/95              (H)   MINUTE(O&G)                                       
 03/20/95              (H)   O&G AT 05:00 PM CAPITOL 106                       
 03/20/95              (H)   MINUTE(O&G)                                       
 03/21/95              (H)   O&G AT 10:00 AM CAPITOL 124                       
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 95-16, SIDE A                                                            
 HB 207 - ADJUSTMENTS TO OIL AND GAS ROYALTIES                               
                                                                               
 Number 000                                                                    
                                                                               
 CHAIRMAN NORMAL ROKEBERG:  Good morning, everyone.  The meeting of            
 the House Special Committee on Oil and Gas is called to order at              
 10:05 on March 21st, 1995.  For the record, committee members                 
 present are Representative Bettye Davis, Representative Gary Davis,           
 Representative Scott Ogan, Representative Tom Brice, and the                  
 Chairman, Representative Norman Rokeberg.  A quorum is present.  On           
 today's calendar we have House Bill 207, Royalty Reductions.  I               
 believe we are in teleconference with Anchorage, is that correct?             
 Okay.  The purpose of this discussion:  A committee substitute was            
 adopted in our last meeting on Monday, March 20th, 1995.  A new               
 draft has been prepared that removed Section 1 dealing with the               
 royalty reductions for net profit leases.  There has been no                  
 testimony at this time that would justify that, and there's been              
 requests that it be removed from the bill at this time.  In                   
 addition, after our discussions yesterday, the regulatory language            
 has been removed as was recommended by I believe the overwhelming             
 sense of the committee.  The language dealing with the appeals by             
 the applicant has been removed, based on the testimony primarily              
 from Attorney General Pat, Patrick Coughlin, and the testimony by             
 Director Boyd, and then the language restricting the exact, but I             
 meant regulations, has been removed.  It revolves around the entire           
 issue of the relationship of the statute to the regulations.  Now             
 that we have a new document available, the committee should rescind           
 the regulation adopting work draft CH (indisc. - noise on tape),              
 dated 3/20/95.  If there are any objections to rescinding our                 
 motion, are there any objections to this motion?                              
                                                                               
 REPRESENTATIVE (?):  Could you repeat that, sir?                              
                                                                               
 CHAIRMAN ROKEBERG:  Okay, we're going to rescind, we're rescinding            
 the committee substitute we had yesterday, -- put it low and 4-               
 wheel drive, 4-wheel drive, okay.                                             
                                                                               
 REPRESENTATIVE (?):  Okay, I'm in oil and gas now, now where were             
 we?                                                                           
                                                                               
 CHAIRMAN ROKEBERG:  We are rescinding the committee substitute from           
 yesterday.                                                                    
                                                                               
 REPRESENTATIVE (?):  Oh, committee substitute.                                
                                                                               
 CHAIRMAN ROKEBERG:  Yeah.  Are there any objections to this motion?           
                                                                               
 Number 067                                                                    
                                                                               
 REPRESENTATIVE SCOTT OGAN:  I'll object for the sake of discussion.           
                                                                               
 REPRESENTATIVE (?):  Mr. Chairman.                                            
                                                                               
 REPRESENTATIVE (?):  Disgusting.                                              
                                                                               
 REPRESENTATIVE (?):  (Indisc. - many speaking) adopted the new one.           
                                                                               
 REPRESENTATIVE GARY DAVIS:  Yeah, that's what I was just going, I             
 was just going to move to adopt a new one for a new work draft                
 9CH0039-1.  Thank you.                                                        
                                                                               
 REPRESENTATIVE OGAN:  Thank you, I'm in this committee now.                   
                                                                               
 Number 075                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, Representative Ogan.  And we have a            
 motion by Representative Gary Davis.  Are there any objections to             
 that motion that we accept Draft 9CH0039F for discussion purposes.            
 If there are not objections, hearing none, then the new committee             
 substitute for House Bill 207 is now before the committee for                 
 discussion.  Is there anyone here that wishes to testify on the               
 committee substitute for House Bill 207?  There are, I would ask,             
 there are four people in Anchorage that wish to testify and, on the           
 teleconference, and then Commissioner Shively is also here.  Mr.              
 Commissioner, would you prefer to hear the Anchorage testimony                
 first?                                                                        
                                                                               
 COMMISSIONER JOHN SHIVELY:  (Indisc. - static).                               
                                                                               
 Number 095                                                                    
                                                                               
 COMMISSIONER ROKEBERG:  In that case, the, we will proceed with the           
 teleconference testimony, and please indicate your name and                   
 (indisc. - static) and telephone number and the affiliation for               
 testimony.  First, we'd like to hear from Tom Williams.                       
                                                                               
 Number 101                                                                    
                                                                               
 TOM WILLIAMS, BP EXPLORATION-ALASKA, INC. (Teleconference):  Mr.              
 Chairman.  My name is Tom Williams.  I'm with BP Exploration-                 
 Alaska, Incorporated.  My telephone number is 564-5955.  I was, I             
 put down to be, to testify in order to get different questions that           
 you had of BP, but otherwise, I don't really have a statement to              
 make today, Mr. Chairman.                                                     
                                                                               
 Number 109                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Mr. Williams, might I ask if you have the                 
 latest, if you have had an opportunity to review the latest                   
 committee substitute?  It just was faxed north about, within the              
 last hour or so.                                                              
                                                                               
 Number 113                                                                    
 MR. WILLIAMS:  We just got it up here and, and I have had that                
 chance to look at it very briefly, Mr. Chairman.                              
                                                                               
 Number 114                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Okay, you do have it in hand in that room                 
 though?                                                                       
                                                                               
 MR. WILLIAMS:  Yes, we do.                                                    
                                                                               
 Number 114                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, thank you, Mr. Williams, for standing by.           
 If questions do develop we will direct them towards you.                      
                                                                               
 MR. WILLIAMS:  Thank you, Mr. Chairman.                                       
                                                                               
 CHAIRMAN ROKEBERG:  Next is Bradley Penn.  Mr. Penn?                          
                                                                               
 Number 121                                                                    
                                                                               
 BRADLEY PENN of MARATHON OIL COMPANY, ANCHORAGE (Teleconference):             
 This is Bradley Penn.  I work for Marathon Oil Company in                     
 Anchorage.  Address, P.O. Box 196168.  Phone number is 564-6428.              
 I, like Mr. Williams, don't have any comments, probably be having             
 some advice in the review of this latest draft.  My comments that             
 I had prepared were on Draft C, but those concerns are taken care             
 of in Draft F.  That's all I have to say, Mr. Chairman.                       
                                                                               
 COMMISSIONER ROKEBERG:  Well, thank you, Mr. Penn.  Next we get,              
 like to hear from Kevin Tabler, please.                                       
                                                                               
 Number 134                                                                    
                                                                               
 KEVIN TABLER, UNION OIL COMPANY of CALIFORNIA (Teleconference):               
 Yeah, my name is Kevin Tabler.  I'm with Union Oil Company of                 
 California, P.O. Box 196247, Anchorage.  Phone number: 263-7600.              
 And like the other members in this room, I, I just had a chance to            
 briefly look at it and appears that the questions and concerns that           
 were, any statements or comments that I would have had, have been             
 addressed in this most recent draft.  I would like to say that I              
 appreciate the work that's been put into this and the committee's             
 efforts to address the concerns of Unocal, these are the two points           
 that we raised.  We'll stand by for any questions you may have of             
 myself as well.                                                               
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, Mr. Tabler.  Next, there is Steven             
 Mahoney.                                                                      
                                                                               
 Number 152                                                                    
                                                                               
 STEVEN MAHONEY OF ARCO ALASKA, Managing Tax Counselor, Anchorage              
 (Teleconference):  I do have a very short statement, Mr. Chairman.            
 My name is Steve Mahoney.  I am the Managing Tax Counselor at ARCO            
 Alaska in Anchorage.  We would first like to say that we're                   
 impressed with the progress at the hearing last night, and the                
 extensive efforts of the committee to understand these complex and            
 important issues.  (Indisc.) the results of the hearing and what I            
 see and what I heard (indisc.) the CSHB.  We believe we're making             
 progress towards the CS that ARCO can support.  Specifically, we              
 agree with removing the regulatory language from the bill itself.             
 ARCO believes still that there is no necessary or particular                  
 necessity of any oversight over the commissioner.  But if the                 
 committee so desires we would again suggest that the AG is                    
 sufficient to oversee (indisc.) with the concurrence the                      
 commissioner could provide for royalty reductions as needed.  One             
 of the important parts that we've seen that's of course not in the            
 CS is legislative intent stressing the need for the interest of the           
 committee in encouraging the cooperative development of the state's           
 resources and sending a message to the industry that Alaska will be           
 competitive and has a long term eye towards the development of its            
 best resources.  We support the fellow Cook Inlet producers who               
 respect and recognize needs for increasing flexibility in regard to           
 existing marginal production, which again, it didn't draft that.              
 And before I go, I'd again like to reiterate ARCO's request that              
 the intent to be brought by the committee in both the preamble of             
 the bill and any imported documents produced is essential to the              
 effect of, the success of this legislation.  All too often the                
 legislature's intent is lost in the application of the details.  If           
 the committee's intent is to provide a level of flexibility to the            
 development of its marginal resources, encourage this committee to            
 state that intent as clearly as possible to avoid any                         
 misinterpretation in application of your design.  Thank you very              
 much for your work, and that's all I have to say today, except if             
 questions arise.                                                              
                                                                               
 Number 193                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, Mr. Mahoney.  Are there any                    
 questions at this time for the people that testified, from the                
 committee members?  Hearing none then I'd ask Commissioner Shively            
 to take his place.                                                            
                                                                               
 Number 200                                                                    
                                                                               
 COMMISSIONER JOHN SHIVELY, DEPARTMENT OF NATURAL RESOURCES, Juneau:           
 Mr. Chairman, for the record, my name is John Shively.  I'm the               
 Commissioner of Natural Resources.  We would concur that the new              
 draft does take care of some of the major concerns I believe that             
 Patrick Coughlin and Ken Boyd raised last night.  I would like to             
 just raise several concerns and I'm not sure that these absolutely            
 have to be addressed at this time, but you might want to consider             
 them.  One, we think the legislative intent language might be a               
 little too restrictive.  I don't know that I can, that any                    
 commissioner could actually determine that decision would be based            
 on the investment being made only if a reduction was, was granted,            
 I mean, that's a high standard.                                               
                                                                               
 Number 213                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  May I just interrupt you for a moment, sir?               
 For the purpose of the committee members, and this is, there is               
 some intent language here that has been circulated, but it's not              
 part of the CS, so.  Just so you're all aware of that.  Then there            
 was some revised language too that, nothing we can discuss, but it            
 has been moved.  So, I just want to make sure that everybody was              
 aware of that.  Go ahead.  Excuse me for interrupting,                        
 Commissioner.                                                                 
                                                                               
 Number 220                                                                    
                                                                               
 COMMISSIONER SHIVELY:  That's fine.  Thank you, Mr. Chairman.  Mr.            
 Chairman, on page 2, lines 30 and 31, as I understand the intent of           
 that is that fields might be shut in or abandoned, the royalty                
 could actually go to zero.  We have not supported that concept.               
 And, and we think that the additional flexibility that this                   
 legislation gives in terms of looking at marginal fields and fields           
 that might, that are shut in or might be abandoned, vastly improves           
 the opportunity for royalty reduction, but we think the state                 
 should retain some opportunity for some income.  We recognize that            
 the existing legislation, as I think was pointed out by Unocal last           
 week, would allow the commissioner theoretically to get to zero,              
 but the legislation doesn't work, so, I don't, that, I think this,            
 that would, keeping it at the, at the 25 percent for all three                
 kinds of situations we think is, is reasonable.  In terms of the              
 oversight, we believe that one-step oversight is better.  I think             
 our preference is on page 3 of would be 8A, but I think one or the            
 other.  If you do two it just adds to the process.  The thing with            
 the royalty board is that that will probably have, I'm not sure               
 what you mean there.  If it's a royalty board meeting we're going             
 to have to public notice it.  It's another 30 days.  If it's just             
 going and finding three members of the royalty board to agree I'd,            
 I'm not sure, that's not unacceptable to us, but I think you ought            
 to choose one or the other and I think there's some difference of             
 opinion even in the oil industry as to which of those two are                 
 better.  And then on page 4, we don't have strong feelings about              
 the lines 7 through 21, we don't have strong feelings about                   
 transmitting copies of the determination to these officials.  I               
 think Representative Davis early on talked about providing notice             
 of the decision and then if people wanted the full document they              
 could ask for it.  We think that's a reasonable approach.  And we'd           
 certainly be able to, be willing to provide notice to all members             
 of legislature at the same time as a way to simplify that, but, you           
 know, that, again, since it's the legislature it's your call as to            
 whatever you would like see.  Mr. Chairman, those are my comments.            
                                                                               
 Number 266                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, Commissioner Shively.  Are there               
 questions of the committee?  Representative Davis.                            
                                                                               
 Number 267                                                                    
                                                                               
 REPRESENTATIVE GARY DAVIS:  Thank you, Mr. Chairman.  Commissioner,           
 on the zero royalty, that's just an option isn't it.  It gives you,           
 you have the flexibility within your negotiations to, to either go            
 from zero to whatever, so you know, as far as...                              
                                                                               
 COMMISSIONER SHIVELY:  You're correct.                                        
                                                                               
 REPRESENTATIVE G. DAVIS:  Okay.                                               
                                                                               
 COMMISSIONER SHIVELY:  I could, you know, any commissioner could              
 refuse to go to zero.  That is correct.                                       
                                                                               
 Number 275                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  Okay.  If I might continue.  On the, but,           
 of course, I can't help but comment on the distribution of                    
 documents.  I agree that a notice that a report is available with             
 an executive summons, and there will be intent language added to              
 the, to the agency legislation today, or tomorrow, that indicates             
 the intent is to provide an executive summary, in short detail as             
 apposed to just a letter, this report is available.  So, I'll, I'll           
 see what, what we can do to clean that up in here.  Thank you, Mr.            
 Chairman.                                                                     
                                                                               
 Number 286                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Representative Brice.                                     
                                                                               
 Number 287                                                                    
                                                                               
 REPRESENTATIVE TOM BRICE:  Thank you, Mr. Chair.  A couple of                 
 questions.  I had to pop out of the room there for a second                   
 (indisc.).  page 3, lines 12 and 3, the confidentiality clause.  It           
 says it shall be kept confidential under AS whatever upon the                 
 lessee's request, is that, is that going to require positive action           
 by the lessee then?  Or is, can it just be kept confidential                  
 period?                                                                       
                                                                               
 Number 295                                                                    
                                                                               
 COMMISSIONER SHIVELY:  No, the way I would interpret that is that             
 they will have to say this part of the information we're giving you           
 is confidential.  I mean, some parts of the information (indisc. -            
 static) where the name of the fields, those kinds of things                   
 obviously aren't, I wouldn't think, certainly are going to be kept            
 confidential but there may be some part of their economic analysis            
 or some part of their field development analysis that it would like           
 to be kept confidential and they will have to tell us, as I think             
 is currently provided in regulation, what they want kept                      
 confidential.  So, it's a positive action by them.                            
                                                                               
 Number 305                                                                    
                                                                               
 REPRESENTATIVE BRICE:  On specific areas...                                   
                                                                               
 CHAIRMAN ROKEBERG:  Representative Brice.                                     
                                                                               
 REPRESENTATIVE BRICE:  ...and further on down in Section, or                  
 further on down the page on line 18, we have a Section 7, which               
 says "...may require the lessee or lessees making application for             
 the royalty reduction to retain and pay for the services of a                 
 contractor selected from a list provided by the commissioner...".             
 I know we're implying that it's the lessees, lessees who get to               
 select from that list.  I guess my concern is that we don't want              
 implications, we don't want it implicitly in there, I guess.  Would           
 you have problems making it a little bit clearer, that it's the               
 lessees that we're talking about that select from the list versus             
 (indisc. - static).                                                           
                                                                               
 Number 320                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, Representative Brice.  I have            
 no problem in clarifying it if you think it needs to be since                 
 that's the intent.  I, if...                                                  
                                                                               
 Number 323                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Yeah, I just want to make sure that the                
 intent's on record too.  And one last question.  Under Section 8 on           
 page 3, on line 28, "...obtains the concurrence of the attorney               
 general...".  Now, is the attorney general going to making policy             
 decisions?  Is that what the department's expecting, or is this               
 just a process by which the attorney general checks off to make               
 sure that procedurally things have gone according to Hoyle here?              
 Number 332                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, Representative Brice.  I think           
 it is primarily the latter that the attorney general would look at            
 whether or not the process is laid out and the legislation had been           
 followed by the commissioner; however, there's nothing in this                
 legislation that would prevent the attorney general if he felt that           
 part of the process was not carried out appropriately to do further           
 investigation into the merits of the decision.                                
                                                                               
 CHAIRMAN ROKEBERG:  Representative Brice.                                     
 Number 340                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Yes, I think my concern lies in that when              
 we're saying that it contains the concurrence of the AG is that it            
 does give the AG veto power over the decision making process.  And            
 maybe if we can think about, Mr. Chair, (indisc. - static) to make            
 sure that the AG's determination is based on the appropriate use of           
 a process versus using, using that veto for a policy call by the              
 AG.  In fact, you do want to make sure that that's clear as well,             
 that being something that....                                                 
                                                                               
 Number 351                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, Representative Brice.  Since,            
 of course, the administrative's position was that we didn't want              
 any review at all on anything that further constrains the review,             
 we think it expedites the process, and therefore, we would support            
 it.                                                                           
                                                                               
 Number 355                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, Representative Brice, if I might (indisc.           
 - static) on what level of review here, or what, what concurrence             
 means?                                                                        
                                                                               
 Number 358                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Well, I, I think, yeah, well actually, we              
 can do this when we're getting down to, you know, offering the                
 amendments and discussing that, but I would just say take out                 
 Section 8 period.  We can discuss it.                                         
                                                                               
 CHAIRMAN ROKEBERG:  Representative Davis.                                     
                                                                               
 Number 363                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  Thank you, Mr. Chairman.  Yeah, since               
 we're on that, I, I too have some, some real concern about the                
 oversight.  We, we've got, the commissioner now is, is making the             
 decisions, so who's going to, the AG and the commissioner work for            
 the same person, so there's kind of cut and dried how that, the               
 majority of those decisions will come out a lot, lot of times.  So,           
 and, and, but I think the biggest questions there is the technical            
 nature of, of the data.  I mean, who in the AGs office, nobody in             
 the Ags office has the expertise to properly analyze the data, so             
 they would have to contract or, or question someone else.  So who             
 else would they, who would they question?  So, initially, they                
 would probably go back to the Division of Oil and Gas who was                 
 involved in it in the first place.  So, so that takes them out.               
 So, you know, that's, that's the dilemma, and I think, I think the            
 oversight is, is the legislature.  We went through last year on               
 production and public debate on oversight, and, and input into                
 findings, and I think after all of that, you know, I came down to,            
 you know, putting the technical data and the recommendation of the            
 commissioners as, as final on that other than you always have the             
 legislature and you always have special interest groups that are              
 there to continually bird-dog and watch, watch the process.  So you           
 always have, have those to fall back on.                                      
                                                                               
 Number 390                                                                    
                                                                               
 REPRESENTATIVE BRICE:  And, and to follow up on.  You know, I think           
 that's why we want to make it very clear that we keep the Attorney            
 General and that it's clear that he's addressing a process by which           
 the commissioner came to a decision.  Now the economics the                   
 commissioner's taken into account more, various other aspects.  So,           
 the necessary redundancy that would otherwise be, the redundancy              
 that would otherwise be necessary in, in, you know, in expertise on           
 the decision making process is not there.                                     
                                                                               
 Number 402                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  I'd like to just say maybe we can, to move                
 along here...                                                                 
                                                                               
 REPRESENTATIVE BRICE:  Yeah, exactly.  We'll talk about this later.           
                                                                               
 CHAIRMAN ROKEBERG:  ...I just, yeah.  And I, I really think that              
 what we need to keep in mind here is what's been by one wag been              
 referred to as the "evil commissioner" theory, and they my concerns           
 raised and some other further testimony about from the one hand the           
 skulduggery, the other hand stupid decisions.  That's what we're              
 really talking about.  I think that's what you are agreeing, what             
 you're saying, Representative Brice, is that well, we were just               
 reviewing the process here and, to see if these extremes have been            
 exceeded.                                                                     
                                                                               
 Number 412                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Well, to make sure that, you know, the steps           
 to acquire, number one to acquire the information necessary to make           
 the decision, the steps necessary to make the decision have been              
 followed.  And that that's appropriate, not that X plus Y equals Z,           
 and therefore, the determination's appropriate.                               
                                                                               
 Number 414                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Right.  I think that's, that was the obvious              
 extent.  Representative Finkelstein.                                          
                                                                               
 Number 418                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, just let me pick an                
 alternative we ought to consider another one of these (indisc.)               
 just as a compromise to eliminate the reference to the Attorney               
 General, and to make the, make it go to the Royalty Oil and Gas               
 Board only when there is an appeal, not make it mandatory that it             
 go before them every time, but if there's an appeal then it goes              
 before them, and if not, the decision of the commissioner stands.             
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, Mr. Finkelstein.  Representative               
 Ogan.                                                                         
                                                                               
 Number 426                                                                    
                                                                               
 REPRESENTATIVE OGAN:  May I comment on that?  I think the whole               
 idea of having the oversight is not for an appeal process, but as             
 a check and balance process.                                                  
                                                                               
 Number 430                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Thank you.  Mr. Shively, do you want to                   
 continue on anything?  Or are we going to ask the questions that              
 were raised?                                                                  
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, I'm through with my....                  
                                                                               
 CHAIRMAN ROKEBERG:  Oh, okay.  Representative Finkelstein.                    
                                                                               
 Number 433                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, I apologize for being              
 late.  Commissioner, could you just say in a few words, the                   
 problems that you had, if any, with your review here?  I know the             
 subject you just mentioned the (indisc. - papers rattling).                   
                                                                               
 Number 435                                                                    
                                                                               
 COMMISSIONER SHIVELY:  We, of course, have not supported having the           
 royalty be able to go to zero for a shut in or fields, fields that            
 might be abandoned.  We think one review process is enough, that we           
 don't need two, and we suggested a notice of the decision to the              
 legislature, all the legislature, but I mean, whatever the                    
 legislature wants in that section we will do.  And then I had a               
 comment about the legislative intent.  We felt it was a standard              
 that we couldn't necessarily meet to say that we'd have to know               
 that they would make the additional investment before we would                
 reduce the royalty.  It goes with the comments I gave you.                    
                                                                               
 Number 450                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Commissioner, if you'd indulge me.  If we could           
 go to page 2, Subsection 3 there.  I'd like to review that in the             
 light of the public hearing and make sure we have a complete                  
 understanding of what this language means, and it starts on line 16           
 where it says "...the commissioner shall...", oh, incidentally, I             
 want to go back to line 12 for the record where the, we had had               
 earlier discussions about the "...may not grant a royalty                     
 reduction..." etcetera, etcetera, "...unless they make a clear and            
 convincing showing...".  It's my understanding that, that the                 
 method of drafting statutory language in Alaska prohibits the use             
 of "shall" so we left "may not."  I mean, that was just for your              
 information because we had some further discussions about this                
 historically.  I mean, in the past week or so.  Just to go on                 
 though, to go to line 16.  It says "...shall, if the royalty                  
 reduction agreement is approved in the royalty reduction agreement            
 condition a royalty reduction granted under this subsection in any            
 way necessary to protect the state's best interest.  Under this               
 subsection, the commissioner shall include provisions of increase             
 or otherwise modify the state's royalty share by a sliding scale              
 royalty or other mechanism upon the occurrence of a change in the             
 price of oil and gas."  To focus on line 23, the word "shall" there           
 and may, did you, have you considered this with advice of counsel             
 and the effect of the way this language is put together?  Or have             
 you had a chance to do that yet?                                              
                                                                               
 Number 472                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Well, I haven't 'cause I just got it.  I               
 mean, I think it's certainly an improvement over the previous                 
 substitute.  I think it allows more flexibility than we felt the              
 previous committee substitute.  It's, it allows us to, it gives               
 you, it give us the idea of some things you think are relevant to             
 consider, allows us the flexibility to consider other things which            
 we felt was important that whenever you try to list things, I mean,           
 you can never list everything.  And so, we think that's good.                 
                                                                               
 Number 482                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, I'm concerned specifically, Commissioner,           
 about the mandate here as I read it that in your original                     
 bargainer, your agreement with the applicant?  You would have to              
 have some kind of a provision for an oil price, or some kind of a             
 provision or a trigger mechanism in the event they were pricing, a            
 major price increase or something.  My understanding of the                   
 language is that you would have to bargain, deal up front.  You               
 couldn't come in there unilaterally with a reopener later, but you            
 could have a reopener clause inside the original agreement.                   
                                                                               
 COMMISSIONER SHIVELY:  Yeah, I...                                             
                                                                               
 CHAIRMAN ROKEBERG:  I think that overcame some of the fears that              
 some people had about just having like a unilateral right to reopen           
 later downstream.  And, so I'm, that's what I want to talk about,             
 make sure we're all in the same page or same track here with that             
 because it makes a, there's a distinction there between whether you           
 should require it.  Well, we're going to require that, or we should           
 give you a suggestion that you should look at it.  I mean, that's             
 the difference.                                                               
                                                                               
 Number 495                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman.  It certainly was never our              
 intent that the commissioner would have the unilateral right to               
 call up an oil company that got the royalty reduction and say,                
 well, tomorrow your royalty is going up.  I mean, so, conceptually,           
 I don't have a problem with what you're doing here, saying that               
 there has to be a sliding scale or some other mechanism and the               
 sliding scale may not be appropriate to, so that the state, if                
 there is change in the price of oil, or in the volume of the field,           
 which are certainly two of the things that are most easily looked             
 at, that the state gets an increase.  That's always been part of              
 our concept, so I certainly, I don't have a problem with the                  
 intent, and I'm going to have to talk to Patrick about the actual             
 language, but certainly, the intent is precisely as, as we have               
 stated it on the record.                                                      
                                                                               
 CHAIRMAN ROKEBERG:  Representative Finkelstein.                               
                                                                               
 Number 506                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Just, I missed something there.  The             
 two factors, the price of oil and volume?  Is that what you said?             
                                                                               
 Number 508                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Those are two factors.  They are not the               
 only two.  Those are the two easily, most easily measured.                    
                                                                               
 Number 511                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Because it, on line 26, 27, it says              
 that (indisc.) the change in oil and gas.  It sort of picks that              
 out as the one, the only one that the royalty sliding scale will be           
 based on.                                                                     
                                                                               
 Number 514                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, no, the intent, excuse me, Representative           
 Finkelstein, that, that would be, that's dictated.  The ones may be           
 considered in any kind of formulation you want to do.                         
                                                                               
 Number 516                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, the, since, you're                 
 certainly right about the intents of the, it's confusing because              
 the sentence starts off not talking about sliding scale royalties,            
 but the initial sentence is "...shall include provisions to                   
 increase or otherwise modify..." etcetera.  Very general stuff and            
 I tend to see the, and may consider other relevant factors applying           
 to that.  This sub, the little piece in here, which is, we can tell           
 it 'cause it's separated by commas, is the reference to royalty               
 share upon the occurrence of the change in the price of oil and               
 gas, and so we may want to ask the bill drafter about that because            
 I would take the rest of it after the comma, referring back to the            
 beginning, which isn't sliding scale rules.  It's just "...shall              
 include provisions...".                                                       
                                                                               
 Number 526                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, yeah.  Let's pursue that in a moment, but           
 I wanted to get some, focus on line 23, after the "shall", "...the            
 commissioner shall include..." that's, you know, we could change              
 that to "may" and then it would give you more flexibility.  That's            
 a policy decision that we need to make as a committee, I think,               
 about whether we want to dictate the commissioner shall include               
 that provision in there, or allow them to have the flexibility to             
 do that.  Is that how you see it, Mr. Commissioner?  Or....                   
                                                                               
 Number 533                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Yeah.  Mr. Chairman, if the intent here is             
 to both, I mean, sort of take care of two interests in one, the               
 concern that the commissioner would only go down and would forget             
 what might happen if, if it could go up on one side.  And on the              
 other side of the equation if there was, this concern was expressed           
 by Unocal that the commissioner could come in unilaterally and just           
 raise it, this language takes care of those two concerns, then I              
 don't have a problem with it.  I, I think we may want to fiddle a             
 little bit with the wording, but conceptually, I do not have a                
 problem with what you're doing.                                               
                                                                               
 Number 540                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  We're going to ask Mr. Chenoweth to advise us             
 on this right now if we want to talk about this.  Would that, do              
 you want to do that?                                                          
                                                                               
 Number 542                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  I don't if we need to or not.                    
                                                                               
 CHAIRMAN ROKEBERG:  Okay.                                                     
                                                                               
 REPRESENTATIVE FINKELSTEIN:  I think the intent's clear.  It's                
 just, the language reflected, it's, the language may well reflect             
 what you're saying.  I just was....                                           
                                                                               
 Number 543                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Yeah, I was just, actually, what I was trying             
 to elicit from the commissioner, I know it's tough when you in a              
 short review with no input, but if you'd prefer to put the word               
 "may" there rather than "shall" on line 23.                                   
                                                                               
 Number 544                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Well, of course, commissioners always prefer           
 may over shall.  But....                                                      
                                                                               
 Number 548                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Okay, just so we have it on record.  That's               
 just what I was looking for there.  Okay, is there any other                  
 questions of the commissioner at this time?  Representative                   
 Finkelstein.                                                                  
                                                                               
 Number 551                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Thank you, Mr. Chairman.  The, just              
 some tech things, if you missed it before, but to save people from,           
 kind of clear thoughts of them.  You, at this point, don't have any           
 concerns about the companies hiring and employing the contractor?             
                                                                               
 COMMISSIONER SHIVELY:  No.                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  That is, that's acceptable to you.               
 they won't work for you.  They'll work for the oil companies.                 
                                                                               
 Number 554                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, Representative Finkelstein.              
 No, we think that that's an estab... as long as we control who                
 those initial, which company is going on that initial list, no, we            
 do not have a problem since we get to choose those, so we,                    
 therefore, do not have a problem.                                             
                                                                               
 Number 556                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  What about that idea that came up                
 previously that if a certain amount of (indisc.), if development              
 doesn't occur within a certain occur within  a certain amount of              
 years the royalty reverts back to the peak level for performance              
 criteria, that you only get this if you actually do something, and            
 you don't get it as sort of a speculative venture.  Would you have            
 any objections to something like that?                                        
                                                                               
 Number 562                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, Representative Finkelstein.              
 If we take care of the upside of the field size and oil price, I,             
 in the agreement which we're being mandated to do presently, I                
 don't really have a concern about that.  On the other hand, if the            
 committee feels that there should be a time frame I don't know that           
 we would oppose it.  I don't think we feel that it's, it's                    
 necessary.                                                                    
                                                                               
 Number 562                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Mr. Commissioner, Representative Finkelstein.             
 I think the, what that issue would be is just another relevant                
 factor here.  It's the level of importance we want to rise it up to           
 stick in here.  As we heard Director Boyd say yesterday, you could            
 have a hundred things on this laundry list.  I expect that the                
 author's desire here was to make sure that these, these other three           
 factors were taken into consideration as a more or less statutory             
 reminder of the conditions to the commissioner.  So, I'm not sure             
 what he's saying, and correct me if I'm wrong, Sir, that's                    
 something you'd consider, but you don't think it's necessary to put           
 in the bill.                                                                  
                                                                               
 Number 572                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Yes, Mr. Chairman.  And, and clearly, we               
 could do it under the current language.  I mean, we could condition           
 the royalty reduction on them going into production in a certain              
 amount of time.                                                               
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, the...                             
                                                                               
 CHAIRMAN ROKEBERG:  Representative Finkelstein.                               
                                                                               
 Number 579                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  ...another one I had was, this came              
 up.  We discussed it previously, the idea of keeping some criteria            
 in law other than being in the state's best interest, which is now            
 basically in the intent of, or is it an amendment that's going to             
 be considered?  But, it's, to put some words back in, such as                 
 maximum possible, economic term possible under the circumstances,             
 something that refers to the kind of things you've always described           
 as what your decision would be based on, maximizing state returns             
 in the long run rather than just....                                          
                                                                               
 Number 586                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, again the difficulty was with            
 that is defining what maximizing return is.  That's the problem I             
 have with that, and, and because there are other potential reasons            
 in a best interest finding other than for that particular field               
 maximizing the state's economic interest.  It may have to do with             
 how much oil we want in the pipeline, how it relates to other                 
 production facilities that might be shut in.  There are a variety             
 of other things in a best interest finding that could have you keep           
 a field operating, particularly at the end of its cycle, or even              
 bringing a marginal field on, that don't necessarily tie to                   
 maximizing the state's economic benefits on that one field.  So, I            
 think it's limiting and therefore, I just don't think it, it would            
 work well.                                                                    
                                                                               
 Number 598                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, one last, one of the...            
                                                                               
 CHAIRMAN ROKEBERG:  Representative Finkelstein.                               
                                                                               
 REPRESENTATIVE FINKELSTEIN:  We had discussion before and you were,           
 said you were, didn't support the general concept of a sunset                 
 provision, but what about a sunset that just covered, like a sunset           
 of five years only for future leases that are sold and all the                
 provisions stay in effect for existing leases, but if you sell some           
 in the future after that, they, unless this provision was extended            
 it wouldn't apply to them.  Then the arguments that you had that              
 you want to get, five years is too short a period to give people              
 the chance to come in and take advantage of the provisions and, and           
 to build their plans on these provisions of the lease being there             
 permanently, that concern wouldn't be there because it would be               
 there permanently for any existing leases, but leases you sell                
 beyond that would only be subject to it if the provision was                  
 extended.                                                                     
                                                                               
 Number 607                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Well, Mr. Chairman, Representative                     
 Finkelstein.  We've had royalty reduction statutes on the books in            
 the state since 1959.  Something, when you and I discussed this               
 some time ago I was unaware of, I was, that legislation has been              
 changed a variety of times over the years as I suspect this                   
 legislation, if it passes, will someday be changed, as we try to              
 meet current conditions or find problems with the legislation as we           
 did with, with the previous, with the current law that just makes             
 it very difficult to operate.  So, I think it's still our                     
 preference that we not have a sun, or I know it's still our                   
 preference that we not have a sunset.  On the other hand, a sunset,           
 you know, for, you know, some leases are all part of it.  I don't             
 think it's something that we would say we're going to veto the bill           
 over, but to me it doesn't, doesn't make a lot of sense.                      
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Thank you, Mr. Chairman.                         
                                                                               
 Number 619                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Representative Finkelstein, the Chair observes            
 the fact that you would add this to a future lease and then put a             
 sunset in that when we have a, I believe, 10-year lease provision             
 development time frame (indisc.) testimony to the record is going             
 to take at least six years to turn around any decision now that               
 would be based on this particular new statute before there's any              
 proven level of production to predict its efficacy, if you will, so           
 we could look at a 16-year time frame is possible 'cause what a               
 sunset law is one of the problems, well, I think heard in testimony           
 that it obviates the need for the sunset provision.  Plus, I have             
 every confidence that this committee would do such a good job here            
 on this bill that we won't need to.                                           
                                                                               
 Number 630                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, I think you're right and           
 I was trying to find a compromise, because the existing leases are            
 based, are the biggest portion of what's going on.  I mean, if you            
 keep it applied to them forever, you only sunset for future leases,           
 that's just a tiny percent of what's going to happen.                         
                                                                               
 Number 634                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Okay, is there any other questions of the                 
 Commissioner at this time?  Representative Finkelstein.                       
                                                                               
 Number 636                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, did the, did the, on the           
 subject of a floor coming up, not going to zero royalties, is your            
 recommendation that it be 25 percent, 50 percent, or the original             
 version, which had a two different levels?                                    
                                                                               
 Number 640                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Well, the original version had two                     
 different, I'm sorry, Mr. Chairman, Representative Finkelstein.               
 The original legislation had two different levels because it was              
 geared to the permanent fund.  The administration supported the               
 concept proposed by the Chairman to make it reduce to 25 percent of           
 the existing royalty with the implication that the permanent fund             
 would get its appropriate share of whatever money the state got and           
 the remainder would go to the general fund.  We supported that.  We           
 have not supported allowing the royalty for abandoned fields, or              
 fields about to be shut in to go to zero, which is in the current             
 legislation, even though that is something that theoretically could           
 be done as an existing law if the existing law would work for those           
 fields, which, in my mind, it doesn't.                                        
                                                                               
 Number 649                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, you're considered                  
 recommendation is 25 percent for all.                                         
                                                                               
 Number 650                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, Representative Finkelstein.              
 Yes.                                                                          
                                                                               
 CHAIRMAN ROKEBERG: Representative Ogan.                                       
                                                                               
 Number 651                                                                    
                                                                               
 REPRESENTATIVE OGAN:  Thank you, Mr. Chairman.  Commissioner                  
 Shively, on page 2, line 27 there's some verbiage there that says,            
 the whole end of that paragraph "...may consider other relevant               
 factors..." through line 29.  Now is that going to limit you?  Does           
 this specific wordage limit you only to these factors?  Or should,            
 would it be prudent to put in some language like "and may consider,           
 but not limit to other relevant factors" or...                                
                                                                               
 COMMISSIONER SHIVELY:  Well...                                                
                                                                               
 REPRESENTATIVE OGAN:  ...does this cover all the bases or just                
 going to tie your hands here?                                                 
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, Representative Ogan.  I think            
 the words "such as" gives the flexibility to say this, these aren't           
 the only criteria which I can, or any future commissioner, can use.           
 Again, I haven't gone back over this section with our attorney,               
 but, and you do have your own attorney here who may want to comment           
 on that, but my reading of this is that you did not intend to limit           
 the number of, the factors that a commissioner could consider, but            
 you were giving him some hints of the ones you thought might be               
 important.                                                                    
                                                                               
 REPRESENTATIVE OGAN:  Thank you, Sir.  Mr. Chairman, one more?                
                                                                               
 CHAIRMAN ROKEBERG:  Representative Ogan.                                      
                                                                               
 Number 667                                                                    
                                                                               
 REPRESENTATIVE OGAN:  On page 3, line 8, Section A, it says "...may           
 not require disclosure of data relating to production for the                 
 lessee or lessees obtained ownership of the lease if the reduction            
 application involves a lease described in 1B or 1C of this                    
 Subsection...".  Now, is this, do you foresee any problem with                
 this, like for example, they have some, some, suddenly a lot of               
 different leases changed hands and because it would be advantageous           
 not to provide information of production before that person owned             
 it, sort of as a shell game kind of scenario.                                 
                                                                               
 Number 677                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, Representative Ogan.  I mean,            
 I don't know the answer to that question.  I would say probably               
 not.  For one thing, for those leases in 1B or 1C, for the most               
 part, I think the production data is going to be known because they           
 will have reported it to the state.  It's, I think where there was            
 a problem with the Texaco situation, as I understand it wasn't in,            
 and depending on how you define data relating to production, but              
 the problem was in the expense side of it, that the new company               
 could not go back and create, or get the records as to what had               
 gone on and we were requiring, which is something we no longer                
 require in this legislation, that we look at the return of the                
 investment of the whole field.  So, I, I don't really think that              
 that would be a problem.  So.                                                 
                                                                               
 REPRESENTATIVE OGAN:  That was my concern.                                    
                                                                               
 Number 689                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Very good.  Any other questions of the                    
 commissioner at this point?  Hearing none, I want to thank you very           
 much, Commissioner, for this long and arduous ordeal or journey               
 we've been on.                                                                
                                                                               
 Number 691                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Well, Mr. Chairman, I'd like to thank you              
 for all the time you've taken and all the work you've put in on               
 this progress we've made.  Thank you very much.                               
                                                                               
 Number 694                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  I appreciate that, Sir.  Excuse me.  Jack,                
 could, Mr. Chenoweth, could you come up here and try to help us out           
 a little bit?                                                                 
                                                                               
 TAPE NUMBER 95-16, Side B                                                     
 Number 000                                                                    
                                                                               
 JACK CHENOWETH, ATTORNEY WITH LEGISLATIVE LEGAL COUNSEL,                      
 LEGISLATIVE AFFAIRS AGENCY:  Thank you, Mr. Chairman.                         
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, Mr. Chenoweth.  Would you please               
 identify yourself, Sir?                                                       
                                                                               
 MR. CHENOWETH:  Jack Chenoweth from the Legal Services Division.              
                                                                               
 Number 003                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, Sir.  This is a, I just want to make           
 sure the committee understands this, and the Chairman understands             
 the language as found in, on page 2 of line 16 down through 29                
 there as it relates to the requirements of the commissioner to                
 include or discretionarily include certain provisions in his, or in           
 his agreement, if you will.  Could you, as this bill is written now           
 on that Section 3 there, starting on 16, could you explain what               
 the, the impact of the shell versus may language is, or what it               
 says.  Why don't you explain what it is now?                                  
                                                                               
 Number 027                                                                    
                                                                               
 MR. CHENOWETH:  Well, I, I guess I would encourage the committee to           
 give a little bit more attention to this thing and try to refine              
 it.  The first part, beginning on line 16 requires the, the                   
 commissioner to condition the royalty reduction granted under J in            
 any way necessary to protect the state's best interest.  It's a               
 mandatory duty.  And there's no discretion involved in that.  He's            
 got to at least consider and make an educated decision as to how to           
 do that to protect the state's best interests.  And I don't, I                
 don't have any problem with the way that's drafted.  It seemed to             
 me that it's clear enough.  Beginning then on line 22, after that             
 semi-colon with the words "under this subsection" and on down, I              
 think we ought to try to be a little bit clearer.  It seems to me             
 that there are three problems here.  First, your question about               
 whether the commissioner shall include provisions to increase or              
 otherwise modify, or whether that should be whether the                       
 commissioner's authority should be, discretion should be broadened            
 by substituting the word "may."  That's a choice the committee will           
 have to make.  It is a policy call.  It's drafted as "shall" at               
 this point in time.  You may want to think about changing it.  The            
 second is, is this phrase "to increase or otherwise modify the                
 state's royalty share by a sliding scale royalty or other mechanism           
 upon the occurrence of a change in the price of oil or gas."  The             
 operative event is "a change in the price of oil or gas" and I                
 assume that we're talking about, it could go up, it could go down.            
 If we're concerned about either of those  opportunities, either of            
 those situations, then I'm not sure that we need to retain the word           
 "to increase or otherwise," the words "increase or otherwise."  It            
 seems to me that if you're going to give the commissioner this                
 authority, it, it is enough to say "The commissioner shall include            
 provisions to modify the state's royalty share by a sliding scale             
 royalty or other mechanism upon the occurrence of a change in the             
 price oil or gas."  That way there is no presumption that it's                
 going to go in any one direction.  If, however, you, you are                  
 concerned about the fact that this thing ought to increase when the           
 price of oil or gas increases, then, and that is the law now.  The            
 law now talks about an increase in the price of oil or gas.  We've            
 bracketed that word "increase" then I suppose it's wise to keep the           
 word "increase" and I'm not sure what the "or otherwise modify"               
 what circumstances you're trying to cover there.  I, I mean, it               
 seems to me that this sliding scale thing is going to go up or                
 down, and that's all it's going to do.  It's going to increase or             
 decrease.  So, it seems to me we ought to try to make the                     
 construction of this phrase parallel within itself, and, and avoid            
 things that may give rise to questions at a later date.  Finally,             
 on line 27, the way this is drafted, the words "and may consider              
 other relevant factors," my questions to you in the memo was "For             
 what reason, for what purpose?".  If you're requiring the                     
 commissioner to impose or include something that says that                    
 provisions are there to increase or otherwise modify the state's              
 royalty share when the price of oil or gas changes, what purpose do           
 you have in mind when you ask him to, or when you authorize him  to           
 consider "other relevant factors"?  What are you getting at?  And             
 my, my suggestion in the memo was: Do you, do you want to give him            
 the additional authority to change the royalty share to the state             
 when some of these other factors come into play, proven reserves,             
 well productivity, capital investment in the oil or gas field pool            
 and so forth and so on.  Is that what you have in mind?                       
 Number 093                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Yes.                                                      
                                                                               
 Number 094                                                                    
                                                                               
 MR. CHENOWETH:  All right.  Then it seems to me we need to                    
 straighten that out.  We need to make, again, make, make these two            
 halves, "the commissioner shall" and "the commissioner shall                  
 include provisions" and the "may consider provisions" work toward             
 that end.  That is to say he will have the, the duty to include               
 provisions that change the royalty share upon the occurrence of a             
 change in the price of oil, and in addition to that, he has the               
 authority, the discretionary authority to change the sliding scale            
 or other mechanisms taking into consideration other relevant                  
 factors such as proved reserve, well productivity or capital                  
 investment.  To the question earlier about, I think it was                    
 Representative Brice, questioning, do we need to substitute                   
 "included" or "included but not limited to" for the "such as," you            
 could substitute "including proved reserves" but "such as" I think            
 is as the commissioner indicated is sufficient to give notice that            
 these are examples of the kinds of things that the commissioner               
 ought, commissioner ought to take into consideration when he                  
 exercises authority in this discretionary grammar(?).  So, I think            
 we need to try to find that, I'm no expert in this.  I'm, I'm,                
 there may be reasons it's drafted the way it is, but from somebody            
 trying to figure out what is this trying to do?  I would suggest              
 that those three points deserve your attention.                               
                                                                               
 Number 125                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, Mr. Chenoweth, do you, I know it's a                
 short notice here and so forth, and understanding about (indisc.)             
 would you have any recommendations that we could consider there to            
 do that?                                                                      
                                                                               
 Number 128                                                                    
                                                                               
 MR. CHENOWETH:  Well, you mentioned the "shall" or "may" on line              
 23.  That's a policy call and you've had that discussion.  The, and           
 I've mentioned that if you're, if you're going to give the                    
 commissioner the opportunity to move the royalty share on a sliding           
 scale or other mechanism as the price of oil or gas changes, then             
 I'm not sure that you want to include the words "increase" or                 
 "otherwise."  It may be enough to say "The commissioner shall, or             
 may, include provisions to modify the state's royalty share by a              
 sliding scale royalty or other mechanism upon the occurrence of a             
 change in the price of oil or gas."                                           
                                                                               
 Number 139                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, I think, as I recall, I think the, it was           
 in the Governor's language.  It was in the prior statute and also             
 as a reminder to the commissioner that that's what he has to do.              
 I don't, because I agree with what you're saying, but you know,               
 it's a....                                                                    
                                                                               
 REPRESENTATIVE OGAN:  Mr. Chairman.                                           
                                                                               
 CHAIRMAN ROKEBERG:  Representative Ogan.                                      
                                                                               
 Number 144                                                                    
                                                                               
 REPRESENTATIVE OGAN:  In that point, Sir, what would you say would            
 be in the best interests of the state in that situation?  In....              
                                                                               
 Number 147                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Excuse me, Representative Ogan.  If I might               
 interject, that's a whole different topic, if you will.                       
                                                                               
 Number 150                                                                    
                                                                               
 REPRESENTATIVE OGAN:  Well, no...                                             
                                                                               
 CHAIRMAN ROKEBERG:  Or if, I mean, what's....                                 
                                                                               
 REPRESENTATIVE OGAN:  My point would be I think it would be, I                
 guess, it, it, with all due respect to my oil company friends,                
 they're getting a price break here to go into, into this field.               
 Now, I don't, I feel that people need to take a certain amount of,            
 I mean, I always feel the oil companies take a certain amount of              
 risk to, as all business people do, to, to exploit a resource and             
 I just feel like if we're willing to make compromises to make the             
 risk a little bit more palatable, shall we say, that if the price             
 goes down that's the risk they take with, with all their oil                  
 fields.  And if the price goes up we've always compromised the                
 price on that.  I wonder if we shouldn't consider just the idea, I            
 think, if we, we've already adjusted it down.  If we need to                  
 readjust it, it's probably up.                                                
                                                                               
 CHAIRMAN ROKEBERG:  Representative Finkelstein.                               
                                                                               
 Number 173                                                                    
 REPRESENTATIVE FINKELSTEIN:  Thank you, Mr. Chairman.  The, I think           
 the, it might solve the problems we've got on this, on these items            
 here, the "shall" or "may."  We could pick either one.  I think               
 (indisc.- papers rattling) the point that Representative Ogan is              
 making is a good one, but the point that Jack was making is                   
 basically just an English kind of construction thing and it would             
 be covered either way, and I don't think we should worry about it             
 too much either way.  He's basically said it works the same no                
 matter whether we leave in the words "increase or not," but I would           
 agree with the point the representative made just for the intent,             
 and when it gets to the final thing I think we should say the price           
 of oil and gas, or other relative factors, such as crude reserves,            
 something like that so that the comma and may consider, which seems           
 to take these other things and put them on to some B list instead             
 of an A list, at least they'd all be on the A list.                           
                                                                               
 CHAIRMAN ROKEBERG:  Good.  Mr. Chenoweth.  Would you care to                  
 comment on that last statement, or?                                           
                                                                               
 Number 190                                                                    
                                                                               
 MR. CHENOWETH:  There are many ways to address this and I, I don't            
 know enough about what it is that prompted, the point, the                    
 observation that this came from the administration's bill is                  
 correct.  The original bill on its line 23, talked in terms of the            
 commissioner making additional royalty reduction granted under this           
 subsection in any way necessary to protect state's best interests             
 including and then their words "increasing or otherwise modifying             
 the state's royalty share" and so forth and so on.  I don't know              
 what they had, why they distinguish between "increasing" and                  
 otherwise modifying."  If there's a reason to do that, if there's             
 a good reason to do that, fine.  Then leave it.  If not, I suppose            
 that the construction here ought to do what this committee ought to           
 be done.  If you want the commissioner to have flexibility to move            
 this royalty share or other mechanism as the price of oil goes up             
 and down, that it's enough, it seems to me to just say modify,                
 without the word, without the predisposition word "increase."  If             
 you want this to somehow move, give, I don't know, give notice that           
 this thing, that this price may go back up if the price of oil or             
 gas increases then, then we're going to have to do some, some                 
 fiddling around here.  I just point out to you that this is not as            
 clear as it could be in terms of trying to tell the commissioner              
 how to structure this provision that is to be included to make it             
 work, and I think it's both in the interests of the department and            
 the interests of producers when they look for this thing to have              
 clarity on this point so there's no stumbling around on it later              
 on.                                                                           
                                                                               
 Number 221                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, Sir.  If I might ask you, the                  
 substance wouldn't change, or the language.  The fiddling you refer           
 to is more a matter of clarity though.                                        
                                                                               
 MR. CHENOWETH:  That's right.  That's right.                                  
                                                                               
 CHAIRMAN ROKEBERG;  And, if I might ask the commissioner, do you              
 have any knowledge about why that language was in there initially,            
 about why that language was in there initially about the increase,            
 or otherwise modify, if you might want to just interject that here?           
 Or, you have an idea on that.                                                 
                                                                               
 Number 230                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, John Shively, for the record.            
 I believe the reason that the "increasing or otherwise modifying"             
 was that there are some things you can do that, other than just               
 increasing the state royal, or royalty.  For instance, on some kind           
 of net profits need a modification that wouldn't be necessarily an            
 increase in the royalty.  There might be others, and of course, I'm           
 not a real expert in this field, and, and it's my recollection                
 that's why the language was written the way it was, to give us                
 flexibility to get the state's share up by doing things other than            
 just, just (indisc. - static, papers rattling).                               
                                                                               
 Number 240                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, thank you, Mr. Commissioner.  Any              
 other questions on this point?  Mr. Chenoweth, in your memorandum             
 you indicated that when we remove the regulatory language there was           
 two items, one of which was the requirement for written findings,             
 and another one for, for the applicant to make an application,                
 which were removed by the, by the latest CS draft that you did.               
 And incidentally, I want to thank you for all your efforts there on           
 that.  The, that, I, I think at this point it's my contention that            
 these are implicit in there, or do you think it's necessary or                
 would you recommend as a matter of drafting to reinsert, somewhere            
 in here, those provisions?                                                    
                                                                               
 Number 252                                                                    
                                                                               
 MR. CHENOWETH:  It would probably be necessary if we had left this            
 bill as it had been in the previous version, that is to say,                  
 without leaving the commissioner regulatory authority.  But at this           
 point, if the commissioner is clear on the fact that both written             
 findings are expected and that this is an application cross, that             
 is to say that the lessee or lessees initiate this process, then I            
 think that it's perfectly in order for the department to draft the            
 regulations, their procedural regulations, or amend their                     
 procedural regulations to pick up on those points.  The fact is the           
 legislature expects an application to be forthcoming and at the               
 other end, that there be a written deter., findings and                       
 determination.                                                                
                                                                               
 Number 265                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  But there are, just for my own clarification              
 and those of the committee here, there are existing regulations               
 that go through the, this royalty reduction application procedure,            
 there are now.  It is my understanding that if we pass this bill as           
 is drafted now, that only that, those portions of the regulations             
 would be affected?  And the existing regulations would stay whole,            
 if you will, but only be affected by stipulated portions of, or               
 specific portions of this, this bill?                                         
                                                                               
 Number 273                                                                    
                                                                               
 MR. CHENOWETH:  Provisions that, provisions of the current                    
 regulation that conflict with what the legislature is proposing to            
 do here ought to be repealed so there's no confusion on the point             
 in statute would govern.  Otherwise, I would think that the gover.,           
 that the administration, the commissioner would take a look at the            
 regulations and decide whether there was any further need to                  
 amplify or modify what's in there in order to conform to what the             
 legislature has put forth here.                                               
                                                                               
 CHAIRMAN ROKEBERG:  Representative Finkelstein.                               
                                                                               
 Number 282                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, you said they ought to             
 be repealed, but it isn't in effect that they, since they are                 
 repealed...                                                                   
                                                                               
 MR. CHENOWETH:  They are repealed.  I mean, as a practical matter,            
 this will override the regulation.                                            
                                                                               
 Number 284                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  ...right.  But by being, we don't have           
 to do anything, it just happens.                                              
                                                                               
 Number 285                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, that's what I wanted to try to clarify.             
 Right.  That was mu understanding.  That's why we changed from our            
 discussion yesterday.  I just wanted to get that out, because what            
 we're doing here is giving the commissioner the opportunity to                
 adopt any regulations he so desires, but we're not mandating that             
 he do anything.  Is that correct?                                             
                                                                               
 MR. CHENOWETH:  Right.                                                        
                                                                               
 CHAIRMAN ROKEBERG:  And then because there is a, one section in the           
 regulations that would be overridden by this bill, then that would            
 be negative anyway, so.  Is that, would that be correct, Mr.                  
 Chenoweth?  Or?                                                               
                                                                               
 MR. CHENOWETH:  Yes.                                                          
                                                                               
 CHAIRMAN ROKEBERG:  Commissioner, you have a comment on that?                 
                                                                               
 Number 294                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chenoweth.  Yeah, I don't think that the           
 regulations are totally overridden by this bill.  I mean, they                
 would have taken effect so that the application process, the public           
 notice process, unless those regulations were absolutely revealed             
 would continue to be in effect, and any place, as I think Mr.                 
 Chenoweth has indicated, where the law conflicted with these                  
 regulations we would go in and modify the regulations.  They're not           
 repealed, you're not repealing these regulations (indisc.) law.               
                                                                               
 Number 302                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Right, that's what my understanding so I think            
 we're okay there by being silent on that.  And then something that            
 Commissioner, if he wants to, he desires to modify them and go                
 ahead and do the regulatory routine, process, so.  (Indisc. -                 
 static).                                                                      
                                                                               
 Number 305                                                                    
                                                                               
 MR. CHENOWETH:  Yes, I'm satis., yes, Sir.                                    
                                                                               
 CHAIRMAN ROKEBERG:  Okay, is there any other questions of Mr.                 
 Chenoweth by the committee members?                                           
                                                                               
 Number 310                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Maybe we can get, when we get down to                  
 discussing amendments to the work draft, maybe we can have him drop           
 back.                                                                         
                                                                               
 Number 313                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  I appreciate you're making yourself, hopefully,           
 we can get through and make some progress right here, so we can go            
 to lunch.  Thank you, Mr. Chenoweth.  Any other discussions at this           
 point?  I'll move the, move the CS and...                                     
                                                                               
 REPRESENTATIVE BETTYE DAVIS:  Wait for a minute.                              
                                                                               
 CHAIRMAN ROKEBERG:  Excuse me?                                                
                                                                               
 Number 318                                                                    
                                                                               
 REPRESENTATIVE B. DAVIS:  Are you ready for an amendment?                     
                                                                               
 Number 321                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Yeah, did we, oh, yeah, are we...                         
                                                                               
 REPRESENTATIVE B. DAVIS:  You're supposed to (indisc.) for                    
 amendments.                                                                   
                                                                               
 CHAIRMAN ROKEBERG:  Right.  We do.  Okay, excuse me.  We are ready            
 for amendments.  What's the role of the body here?  Representative            
 Brice.                                                                        
                                                                               
 Number 324                                                                    
                                                                               
 REPRESENTATIVE BRICE:  On page 3, line 19.  I just, I would feel a            
 little bit more comfortable if we, we made it very clear that when            
 we're discussing who gets to pick the, pick from the list provided            
 by the commissioner, that it's very clear that it's the lessee, not           
 the commissioner himself, and you know, maybe something and pay for           
 the services of a contractor (comma) the lessee or lessees have               
 selected from a list provided by the commissioner.                            
                                                                               
 CHAIRMAN ROKEBERG:  I think there's....                                       
                                                                               
 REPRESENTATIVE BRICE:  Okay, let me read, let me read it to you as            
 it, as I would like to see it.                                                
                                                                               
 CHAIRMAN ROKEBERG:  Okay.                                                     
                                                                               
 Number 337                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Okay, Section 7 would read: "may require the           
 lessee or lessees making application for the royalty reduction to             
 retain and pay for the services of a contractor select.," okay "the           
 lessee or lessees have selected from a list provided by the                   
 commissioner to assist the commissioner in evaluating the                     
 application, and financial and technical data."                               
                                                                               
 Number 344                                                                    
                                                                               
 CHAIRMAN ROKEBERG: So, you're just adding in the lessees and                  
 lessors having selected from a list?                                          
                                                                               
 Number 345                                                                    
                                                                               
 REPRESENTATIVE BRICE:  The lessee or lessees have, and then it'd be           
 "they have selected from a list provided by the commissioner."  So,           
 it's explicit that they're the ones getting to do the choosing.               
                                                                               
 Number 349                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Any discussions on the amendment?                         
 Representative Davis.                                                         
                                                                               
 Number 350                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  I don't, I think that's redundant.                  
 You're adding lessee and lessee again.                                        
                                                                               
 Number 352                                                                    
                                                                               
 REPRESENTATIVE BRICE:  I think, I think it's, it is redundant in              
 the sense we understand what the implication is of Section, Section           
 7.  I think we want to be very clear that folks making the                    
 application are the ones who get to make, who get to choose from              
 this list provide, this list that the commissioner provides.                  
                                                                               
 CHAIRMAN ROKEBERG:  Representative G. Davis.                                  
                                                                               
 REPRESENTATIVE G. DAVIS:  They're, let me see.                                
                                                                               
 REPRESENTATIVE BRICE:  See, it could be read that the commissioner            
 can select a group of three or four contractors and then select one           
 of those.  It can be read that way.                                           
                                                                               
 Number 365                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  And that, Mr. Chairman, and that might be           
 a case that the commissioner, the department may even want some               
 additional expertise in a specific area and they may want to                  
 contract with someone so that this gives them that, that ability.             
                                                                               
 Number 369                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  No, that's not, excuse me, that wasn't the                
 intention of it.                                                              
                                                                               
 Number 370                                                                    
                                                                               
 REPRESENTATIVE B. DAVIS:  They can do that anyway.                            
                                                                               
 REPRESENTATIVE BRICE:  They can do that anyway.                               
                                                                               
 REPRESENTATIVE B. DAVIS:  So we don't have to put that in here.  I            
 understand what Brice is trying to do, Representative Brice is                
 trying to do.  I guess I'd like to hear from the commissioner and             
 anyone else from the oil industry if they see that as a problematic           
 problem the way it's worded, because....                                      
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, Ms. Davis.  Commissioner Shively,              
 would you care to comment?                                                    
 Number 377                                                                    
                                                                               
 COMMISSIONER SHIVELY:  Mr. Chairman, I think Representative Brice's           
 language probably does clarify that it's the lessee or lessee that            
 gets to select them, so we do not have a problem with this                    
 suggested language.  And that is the intent.                                  
                                                                               
 Number 380                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Any further discussion on the amendment?  Mr.             
 Chenoweth?                                                                    
                                                                               
 Number 382                                                                    
                                                                               
 MR. CHENOWETH:  Would you let us change the language to read, after           
 the comma on that line, "selected by the lessee or lessees from a             
 list provided by the commissioner."                                           
                                                                               
 REPRESENTATIVE BRICE:  That would probably be clear.                          
                                                                               
 CHAIRMAN ROKEBERG:  That would do it.                                         
                                                                               
 REPRESENTATIVE BRICE:  That would probably clear, yeah.                       
                                                                               
 Number 384                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  That's Mr. Brice's amendment.  Is that correct?           
 Any objections?  So moved.  The Amendment Number 1 has been                   
 adopted.  Mr. Chenoweth, are you going to provide us with the                 
 written language there?                                                       
                                                                               
 MR. CHENOWETH:  We will produce either a CS or amendments as you              
 instruct.                                                                     
                                                                               
 CHAIRMAN ROKEBERG:  Yeah.  Okay.  You're taking notes?  Good.                 
 That's all I'm concerned about.  Okay.  Moving on.  Representative            
 Brice.                                                                        
                                                                               
 REPRESENTATIVE BRICE:  Thank you, Mr. Chair.                                  
                                                                               
 CHAIRMAN ROKEBERG:  Man.                                                      
                                                                               
 REPRESENTATIVE BRICE:  Chairman, Chairwoman, Chairmen/women.                  
                                                                               
 CHAIRMAN ROKEBERG:  Okay.                                                     
                                                                               
 Number 390                                                                    
                                                                               
 REPRESENTATIVE BRICE:  On page 3, line 28, I think it would be nice           
 if we scratched "obtains the concurrence of the Attorney General"             
 and have the role of the AG become more of a, of an oversight, I              
 mean, it's to the process, so maybe language along the lines of,              
 Mr. Chenoweth might be able to help us here.                                  
                                                                               
 Number 402                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, do you have an amendment, Mr. Brice, or?            
 Wait a minute.  Excuse me.  Representative Finkelstein, you want to           
 interject here?                                                               
                                                                               
 Number 403                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  No.  I was just going to offer                   
 specifics on what he's saying, but he wants to (indisc.) that's               
 fine.                                                                         
                                                                               
 CHAIRMAN ROKEBERG:  I was just looking for something to put our               
 teeth into, Tom.                                                              
                                                                               
 Number 406                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Okay, yeah.  Let me give you some language             
 that's something that just, off the top of my head, and see what              
 drafters says here.  Okay, instead of "obtains the concurrence of             
 the Attorney General" we'll strike that and put in "provides the              
 Attorney General with a determination for review to ensure the                
 process for making the determination was followed."  And I am by no           
 means a lawyer, but I think what I would like to see clarified is             
 that the AG is, is not making policy calls, but making process                
 calls.                                                                        
                                                                               
 Number 416                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Okay, if I could, could you read it again?                
                                                                               
 Number 418                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Okay, "provides the AG with the                        
 determination for review to ensure the process for making the                 
 determinations was followed."                                                 
                                                                               
 Number 412                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Any discussion on the amendment?                          
 Representative Finkelstein.                                                   
                                                                               
 Number 423                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, I tend to think that we            
 ought to just (indisc - paper rattling), get rid of the reference             
 to the AG.                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  There is some, right.  Excuse me,                         
 Representative Brice.  You may be able to...                                  
                                                                               
 REPRESENTATIVE BRICE:  In the best, in the best...                            
                                                                               
 Number 427                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  If you want to hold your amendment in abeyance            
 here for a moment, maybe we can talk about the overall issue, and             
 then get back to amendments.                                                  
                                                                               
 REPRESENTATIVE BRICE:  Then, well, let me, but...                             
                                                                               
 CHAIRMAN ROKEBERG:  Representative Gary Davis.                                
                                                                               
 Number 430                                                                    
                                                                               
 REPRESENTATIVE GARY DAVIS:  And I would respond to Mr. Brice's                
 concern about, about the process.  I think in, in the findings if             
 there's any question about the process, isn't the AG automatically            
 involved in it?  I mean, if there's, so, so...                                
                                                                               
 Number 432                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Let me amend my, and strike from page 3,               
 line 25 through page 4, line 21, Section 8 basically.  I think if             
 we go back to the idea where the commissioner makes the decision,             
 business decision on behalf of the state, we have prescience for              
 those types of decisions being made.  And the Attorney General,               
 when he is negotiating tax settlements and that type of thing.                
                                                                               
 CHAIRMAN ROKEBERG:  Excuse me, Representative Brice.  Let me                  
 interject right here.                                                         
                                                                               
 REPRESENTATIVE BRICE:  Go ahead.                                              
                                                                               
 CHAIRMAN ROKEBERG:  Just, why don't we talk about this whole                  
 oversight before we start, we act on your amendment because,                  
 because what you're doing here is throwing the baby out with the              
 bath water.  We want to leave the Royalty Board in here.                      
                                                                               
 REPRESENTATIVE OGAN:  Mr. Chairman.                                           
                                                                               
 CHAIRMAN ROKEBERG:  So, I mean, that's, that's, why don't we                  
 discuss that and get a sense of the committee before we...                    
                                                                               
 Number 442                                                                    
                                                                               
 REPRESENTATIVE OGAN:  Point of order.                                         
                                                                               
 CHAIRMAN ROKEBERG:  Representative Ogan.                                      
                                                                               
 REPRESENTATIVE OGAN:  There's an amendment on it, and it's been               
 moved and I've objected.                                                      
                                                                               
 CHAIRMAN ROKEBERG:  Okay.                                                     
                                                                               
 REPRESENTATIVE BRICE:  That's something, well, we could discuss               
 that.                                                                         
                                                                               
 CHAIRMAN ROKEBERG:  Okay.  We're discussing.                                  
                                                                               
 REPRESENTATIVE BRICE:  We're discussing.                                      
                                                                               
 CHAIRMAN ROKEBERG:  Right, we're discussing.  Right                           
                                                                               
 REPRESENTATIVE BRICE:  Correct, and Mr. Chairman.                             
                                                                               
 CHAIRMAN ROKEBERG:  Representative Brice.                                     
                                                                               
 Number 450                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Regarding, you know, having the Royalty                
 Board provide the oversight, it's, you know, I don't know, I don't            
 believe that, you know, that they are the appropriate body if there           
 would be an appropriate body.  I, I just, I'm not very comfortable            
 having, having oversight thrown, of this type, thrown to a board or           
 commission.  And that's the concern I have.                                   
                                                                               
 Number 459                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Okay, so on a straw poll basis type, you're               
 against both the Royalty Board and the AG?  Anybody else want to              
 throw their two cents in here?  Representative Gary Davis.                    
                                                                               
 Number 462                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  Mr. Chairman, thank you.  I, I agree with           
 that.  I think we, in testimony, we, we've tried to find some                 
 oversight.  We've discussed all the, all the logical oppositions,             
 or, or logical avenues, those that deal, those in, in, that we pay            
 for that deal with this issue.  We've discussed all of them, and              
 it's come down to the testimony I think has indicated that none of            
 them have, are, that's not their job.  That's not what they're                
 selected to do, the technical aspects of what they would need to do           
 to properly evaluate the procedure of either the Royalty Board or             
 the Oil and Gas Conservation Commission, neither one of those it's            
 been testified that, that they don't have the technical expertise             
 to deal with that, so I, you know, from that standpoint, I, I tend            
 to agree with the proposal Representative Brice is putting forward.           
                                                                               
 CHAIRMAN ROKEBERG:  Representative Bettye Davis.                              
                                                                               
 Number 475                                                                    
 REPRESENTATIVE B. DAVIS:  From my standpoint, Mr. Chairman, I                 
 thought the Royalty Board would be the ideal group to use, but I              
 know there are some people that's against that; however, if we're             
 going to do anything I would just advise that we probably just                
 delete line 28 with the Attorney General on it, and leave the                 
 Royalty Board there, or whatever we decide to come up with.  I                
 think somebody needs to be there.                                             
                                                                               
 Number 482                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, the Chairman hasn't done a previous nose            
 count so.                                                                     
                                                                               
 REPRESENTATIVE BRICE:  We're going to count noses.                            
                                                                               
 CHAIRMAN ROKEBERG:  Yeah.  We're kind of counting noses.  Gee,                
 Bill's getting out of here now.  Representative Finkelstein.  You             
 going for the coffee pot?  Bring me a cup of coffee, Bill.                    
                                                                               
 Number 486                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  I like keeping the Oil Royalty Board             
 and taking out the Attorney General.                                          
                                                                               
 REPRESENTATIVE BRICE:  So do I.                                               
                                                                               
 CHAIRMAN ROKEBERG:  Okay, let me get this down here.  You got two             
 for...                                                                        
                                                                               
 REPRESENTATIVE BRICE:  You've got seven different options.                    
                                                                               
 CHAIRMAN ROKEBERG:  This is, (indisc.) is this the committee                  
 process, and not...                                                           
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Who says?                                        
                                                                               
 UNKNOWN FEMALE:   You should, you should ask, ask Representative              
 Brice if he will withdraw his motion.                                         
                                                                               
 CHAIRMAN ROKEBERG:  I know.                                                   
                                                                               
 UNKNOWN FEMALE:  Take them one at a time.                                     
                                                                               
                                                                               
 Number 492                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  I know that.  Right.  We were trying to, we               
 were trying to hear the, we were discussing this for purposes of              
 formulation of an amendment, but I'd like Representative Brice to             
 withdraw his amendment if he wouldn't mind, so, so we could...                
                                                                               
 Number 495                                                                    
 REPRESENTATIVE BRICE:  Well, I just, I mean, I started on the                 
 discussion of the AG to begin with, and we wanted that withdrawn,             
 and I...                                                                      
                                                                               
 Number 497                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Well, we're trying to find out which one, how             
 we're going to deal with this.  Let's do one amendment and be done            
 with it.                                                                      
                                                                               
 Number 500                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  Mr. Chairman, I think, I think that this            
 is proper discussion.  The motion is to delete both.                          
                                                                               
 CHAIRMAN ROKEBERG:  Right.                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  So, if someone has a problem with, with             
 the motion to delete both of them, I think the discussion is going            
 in order.                                                                     
                                                                               
 CHAIRMAN ROKEBERG:  Thank you, Representative Davis.                          
 Representative Ogan.                                                          
                                                                               
 Number 501                                                                    
                                                                               
 REPRESENTATIVE OGAN:  I'd like to amend the amendment to split the            
 question.                                                                     
                                                                               
 REPRESENTATIVE BRICE:  There's three different areas here.                    
                                                                               
 REPRESENTATIVE OGAN:  Do the same thing.  You're hung up                      
 procedurally right now.                                                       
                                                                               
 CHAIRMAN ROKEBERG:  Bill, do you have anything to say?                        
 Representative Williams.                                                      
                                                                               
 Number 505                                                                    
                                                                               
 REPRESENTATIVE WILLIAMS:  I, we, we come in here talking about how            
 much regulatory problems we're having and here we are putting more            
 regulatory issues in a bill.  I think that, and we did discuss this           
 earlier on with the, with the industry and industry people and the            
 administration both thought, didn't think that this was                       
 appropriate, or it would be very cumbersome.  I have to agree with            
 Representative...                                                             
                                                                               
 REPRESENTATIVE G. DAVIS: (whispering) Davis.                                  
                                                                               
 REPRESENTATIVE WILLIAMS:  Oh, yes.  ...Davis on this amendment.  I            
 think that deleting Section 8 is good, this amendment that is                 
 before us.                                                                    
 Number 517                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  To remove both.  Right?                                   
                                                                               
 REPRESENTATIVE WILLIAMS:  Yes.                                                
                                                                               
 CHAIRMAN ROKEBERG:  Excuse me, is that the amendment before us?               
 Where are you looking?  Representative Finkelstein.                           
                                                                               
 Number 518                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, just to expedite things,           
 I think Representative Ogan's suggestion is a good one.  This,                
 usually the procedure is just divide the question and vote on the             
 first half of it, vote on the second half, and then instead of                
 having to amend the amendment or some (indisc.) procedure.                    
                                                                               
 Number 521                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Why would, then we should split the amendment             
 and vote whether we want the AG in or out, and then the other,                
 Royalty Board, is that right?  And then we can make the appropriate           
 fixes then.  Representative Ogan.                                             
                                                                               
 Number 524                                                                    
                                                                               
 REPRESENTATIVE OGAN:  That was the motion that I made was to split            
 the question, and I think we should probably deal with that, and              
 then argue each question separately and vote them up or down and              
 then go from there is the correct procedure, I believe.                       
                                                                               
 CHAIRMAN ROKEBERG:  Representative Bettye Davis.                              
                                                                               
 Number 528                                                                    
                                                                               
 REPRESENTATIVE B. DAVIS:  I thought that the motion that was before           
 us was to leave Section 8, so what is it to split?                            
                                                                               
 Number 531                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  You turn it down or the Royalty Board or both,            
 I mean, get rid of the AG, get rid of the Royalty Board or get rid            
 of both of them.                                                              
                                                                               
 REPRESENTATIVE B. DAVIS:  The motion says to get rid of them both.            
                                                                               
 CHAIRMAN ROKEBERG:  Excuse me, we're at ease here.  Is there any              
 opposition to splitting the question?                                         
                                                                               
 Number 537                                                                    
                                                                               
 REPRESENTATIVE B. DAVIS:  I don't think it's appropriate that it be           
 split, but if that's the way you want to do it that's fine with me.           
 The motion was to delete it period.  And I don't see anything to              
 split.                                                                        
                                                                               
 Number 539                                                                    
                                                                               
 REPRESENTATIVE OGAN:  Point of order.                                         
                                                                               
 CHAIRMAN ROKEBERG:  Representative Ogan.                                      
                                                                               
 REPRESENTATIVE OGAN:  I made a motion to split the question, the              
 amendment, a motion to amend his amendment to split the question.             
 That's, that's what we should be doing right now.                             
                                                                               
 Number 542                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  And, and the amendment before us is to remove             
 all of Section 8.  Is that correct?  Representative Finkelstein.              
                                                                               
 Number 544                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Thank you, Mr. Chairman.  I think                
 Representative Ogan's motion is helpful because we will find if we            
 go through A that some people want to take out A, some people want            
 to take out B.  I don't think anyone wants to take out C, which is            
 just a transmittal thing so when we get to that one, (indisc. -               
 paper rattling) that out.                                                     
                                                                               
 REPRESENTATIVE BRICE:  And add it to the stack of things (indisc.).           
                                                                               
 CHAIRMAN ROKEBERG:  I know, it's just trying to cut it down.                  
                                                                               
 REPRESENTATIVE G. DAVIS:  Mr. Chairman.  Mr. Chairman.                        
                                                                               
 CHAIRMAN ROKEBERG:  Representative Davis.                                     
                                                                               
 Number 549                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  I think a real quick solution is to move            
 on Representative Brice's motion and to entertain any other                   
 amendments after that.                                                        
                                                                               
 REPRESENTATIVE OGAN:  Point of order.  I have a motion on the table           
 to split the question.                                                        
                                                                               
 REPRESENTATIVE G. DAVIS:  Object.                                             
                                                                               
 UNKNOWN:  Get out the rule book                                               
                                                                               
 Number 559                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  We'll vote.  Let's get on with this.  Let's               
 vote on Representative Ogan's motion to split.  Go ahead and call             
 the roll Mr. Secretary.                                                       
                                                                               
 JIM NASH, SECRETARY, HOUSE SPECIAL COMMITTEE ON OIL AND GAS:                  
 Chairman Rokeberg.                                                            
                                                                               
 CHAIRMAN ROKEBERG:  No.                                                       
                                                                               
 MR. NASH:  Vice Chairman Ogan.                                                
                                                                               
 REPRESENTATIVE OGAN:  Yes.                                                    
                                                                               
 MR. NASH:  Representative Gary Davis                                          
                                                                               
 REPRESENTATIVE G. DAVIS:  No.                                                 
                                                                               
 MR. NASH:  Representative Williams.                                           
                                                                               
 REPRESENTATIVE WILLIAMS:  Nay.                                                
                                                                               
 MR. NASH:  Representative Brice.                                              
                                                                               
 REPRESENTATIVE BRICE:  No.                                                    
                                                                               
 MR. NASH:  Representative Bettye Davis                                        
                                                                               
 REPRESENTATIVE B. DAVIS:  No.                                                 
                                                                               
 MR. NASH:  Representative Finkelstein.                                        
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Yes.                                             
                                                                               
 CHAIRMAN ROKEBERG:  We've got a motion before us then it's the Rule           
 Book Section A.  Procedurally here, we can vote on this and we can            
 go back and amend, is that right?  Okay.  So, let's, there's a                
 motion before us to remove the entirety of Section 8, and I, is               
 there any objections?  (Two objections)  Okay, would the secretary            
 take the roll call?                                                           
                                                                               
 MR. NASH:  Chairman Rokeberg.                                                 
                                                                               
 CHAIRMAN ROKEBERG:  No.                                                       
                                                                               
 MR. NASH:  Vice-Chair Ogan.                                                   
                                                                               
 REPRESENTATIVE OGAN:  Okay.  I need a clarification.                          
                                                                               
 CHAIRMAN ROKEBERG:  Okay.  At ease.                                           
                                                                               
 REPRESENTATIVE OGAN:  Okay, no.                                               
                                                                               
 MR. NASH:  Representative Gary Davis.                                         
                                                                               
 REPRESENTATIVE G. DAVIS:  Yes.                                                
                                                                               
 MR. NASH:  Representative Williams.                                           
                                                                               
 REPRESENTATIVE WILLIAMS:  Yes.                                                
                                                                               
 MR. NASH:  Representative Brice.                                              
                                                                               
 REPRESENTATIVE BRICE:  Yes.                                                   
                                                                               
 MR. NASH:  Representative Bettye Davis.                                       
                                                                               
 REPRESENTATIVE B. DAVIS:  No.                                                 
                                                                               
 MR. NASH:  Representative Finkelstein.                                        
                                                                               
 REPRESENTATIVE FINKELSTEIN:  No.                                              
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman?                                    
                                                                               
 Number 559                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Representative Finkelstein.  The motion has               
 failed.                                                                       
                                                                               
 Number 571                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, could I move just to               
 delete just the Attorney General, or I move to delete the A, so               
 that just B would become A and C would become B.                              
                                                                               
 Number 572                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Right.  Any discussion on this motion?  Just              
 leaves the Royalty Board in place and deletes the Attorney General.           
 Any discussion?  Hearing none, any objections?  Are there no                  
 objections to this motion?  Hearing no objections, the motion                 
 carries.  Additional amendments or discussion?  Representative                
 Finkelstein.                                                                  
                                                                               
 Number 578                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, I have one.  This is               
 just to the floor, and just says that the floor of 25 percent                 
 applies to, to all as the commissioner suggests.                              
                                                                               
 CHAIRMAN ROKEBERG:  All right.  Would you move your motion, please?           
                                                                               
 REPRESENTATIVE FINKELSTEIN:  I move the motion, Mr. Chairman.                 
                                                                               
 Number 583                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Any objections?                                           
                                                                               
 REPRESENTATIVE (?):  (Aside)  Number three.                                   
                                                                               
 CHAIRMAN ROKEBERG:  Oh, this is Amendment Number 3?  Okay.                    
                                                                               
 REPRESENTATIVE BRICE:  Number three, yes.                                     
                                                                               
 CHAIRMAN ROKEBERG:  Any objections?                                           
                                                                               
 REPRESENTATIVE G. DAVIS:  Object.                                             
                                                                               
 CHAIRMAN ROKEBERG:  Discussion.                                               
                                                                               
 REPRESENTATIVE G. DAVIS:  Mr. Chairman.                                       
                                                                               
 CHAIRMAN ROKEBERG:  Representative Gary Davis.                                
                                                                               
 Number 585                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  Yeah, I, I object.  I think, you know, we           
 had discussion about Cook Inlet fields, and there is some, you                
 could pump 80 million, you could pump millions of dollars in those            
 fields and that's going to continue with jobs.  It's going to                 
 continue with infrastructure tax base, and the royalty, and to                
 recover those dollars you're, it's marginal.  They're, they get               
 down to a place where they're losing, losing money, so they're                
 going to cap them off.  So then we lose everything.  So if you                
 allow for the zero you still keep, you still maintain the jobs, and           
 it's still the discretion and it's still the discretion of the                
 commissioner whether that is an economically feasible thing to do.            
 It's not, it's not a mandate.  It just gives them that flexibility,           
 so you know, and that's the whole intent.  The best interests of              
 the state, is it the best interests of the state to cap oil fields            
 that are pumping two thousand barrels a day?  And, and costing the            
 oil companies money where they're going, they're going to cap them,           
 maybe not two thousand barrels a day, five hundred barrels a day,             
 whatever.  So, that's, that's the argument and I, I think that                
 flexibility is very viable and very valuable, and is in the best              
 interest of the state.  So, so I think I oppose the amendment from,           
 from that standpoint.                                                         
                                                                               
 CHAIRMAN ROKEBERG:  Representative Finkelstein.                               
                                                                               
 Number 600                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Thank you, Mr. Chairman.  I think the            
 question is, is, obviously, if you're trying to do what                       
 Representative Davis suggests, but is there some level, would you             
 get some very bottom line return to the state?  Because these are             
 going to be places where the ELF is already resulted in a severance           
 tax going down to zero and the royalty reduction here would be,               
 let's say it started at 12.5, it'd be down to three percent.  I               
 mean, it's a pretty major reduction.  Is there some little teeny              
 bottom line bit that's going to go to the state out of this all?              
 And I think that's a reasonable expectation.  The, you've got to              
 remember the economic activity actually, you know, brings costs to            
 the state as well.  We provide public services, education.  There's           
 a variety of costs that go with this activity that we have to bear            
 as a state, and some very, very bottom line level of return to the            
 state I think is reasonable.                                                  
                                                                               
 Number 610                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  The Chair would remind the Representative from            
 Downtown Anchorage that the activity, this economic activity                  
 creates jobs too as well as burdens, so that, that would be the               
 intention, I think, of this type of thing is to allow for the                 
 commissioner to (indisc. - coughing) a sliding scale royalty that             
 accounted for very, very marginal fields in the future. There's, I            
 can think of a fact pattern whereas a platform in Cook Inlet could            
 be producing from a pool of gas field, if you will, on an economic            
 basis paying its full royalty, and because the platform happens to            
 be there, there may be an additional oil well from that platform              
 that's extraordinarily marginal, and the case could be made where,            
 I mean, it would be just as well to pump that thing where the, you            
 know, there could be a decision where if you could get down to zero           
 royalty they could still pump it, or if not, they would just shut             
 it in.  So, I mean, why not have the flexibility, allowing the                
 company to come to the commissioner and ask him for some relief in            
 that circumstance?  That's all we're trying to do.  So, I'm going             
 to vote against your amendment.  Any other discussion?                        
                                                                               
 Number 625                                                                    
                                                                               
 REPRESENTATIVE OGAN:  I concur, Mr. Chairman.                                 
                                                                               
 CHAIRMAN ROKEBERG:  Anything else?  Question.                                 
                                                                               
 REPRESENTATIVE G. DAVIS:  Mr. Chairman.                                       
                                                                               
 CHAIRMAN ROKEBERG:  Representative G. Davis.                                  
                                                                               
 Number 626                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  I don't to like to belabor it, but I, I,            
 you know, I can, I can, I can certainly see where Representative              
 Finkelstein is coming from, but even the modifiers in there to                
 change, you know, should, it may be zero now, but, but after the              
 recovery of, of investment dollars, I can see with all this                   
 flexibility, I just don't see a problem with zero.  You know, it              
 may be zero for a couple of years, or until production gets up to             
 a certain level if what they hope to add to the facilities, you               
 know, does create increases in productivity, then I'm sure a                  
 modifier would kick in.  So, with all this flexibility in the                 
 negotiations, I, I just don't see the need.                                   
                                                                               
 Number 635                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Any further discussion?  Would the Secretary              
 read the roll?                                                                
                                                                               
 MR. NASH:  Chairman Rokeberg.                                                 
                                                                               
 CHAIRMAN ROKEBERG:  No.                                                       
                                                                               
 MR. NASH:  Vice-Chairman Ogan.                                                
                                                                               
 REPRESENTATIVE OGAN:  No.                                                     
                                                                               
 MR. NASH:  Representative Gary Davis.                                         
                                                                               
 REPRESENTATIVE G. DAVIS:  No.                                                 
                                                                               
 MR. NASH:  Representative Williams.                                           
                                                                               
 REPRESENTATIVE WILLIAMS:  No.                                                 
                                                                               
 MR. NASH:  Representative Brice.                                              
                                                                               
 REPRESENTATIVE BRICE:  No.                                                    
                                                                               
 MR. NASH:  Representative Bettye Davis.                                       
                                                                               
 REPRESENTATIVE B. DAVIS:  No.                                                 
                                                                               
 MR. NASH:  Representative Finkelstein.                                        
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Yes.                                             
                                                                               
 CHAIRMAN ROKEBERG:  Representative Finkelstein.                               
                                                                               
 Number 641                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  What's the time (indisc. - papers                
 rattling) minority caucus that was at 11:30.  I've got three more             
 amendments myself and...                                                      
                                                                               
 CHAIRMAN ROKEBERG:  The charges are to move the bill today if we              
 can.  Is there other burning amendments or recommendations?                   
                                                                               
 REPRESENTATIVE B. DAVIS:  Tell them to pass them out so we can, get           
 through them.                                                                 
                                                                               
 CHAIRMAN ROKEBERG:  Let's rock 'n' roll if you got it.  We got to             
 move this bill here.                                                          
                                                                               
 REPRESENTATIVE (?):  The minority can get up and leave.                       
                                                                               
 CHAIRMAN ROKEBERG:  That's right.  You can go.  No problem.  Or you           
 can stay, I mean, you're certainly welcome.                                   
                                                                               
 REPRESENTATIVE WILLIAMS:  Are you going to bring this up on the               
 floor (indisc.)?                                                              
                                                                               
 REPRESENTATIVE FINKELSTEIN:  That's what they talked about.  I                
 won't let you pass this bill.  That's the problem.                            
                                                                               
 REPRESENTATIVE WILLIAMS:  Then, we'll change it on the (indisc.).             
                                                                               
 CHAIRMAN ROKEBERG:  Okay, let's see.  You got...                              
                                                                               
 REPRESENTATIVE FINKELSTEIN:  I can just (indisc.).                            
                                                                               
 CHAIRMAN ROKEBERG:  Why don't you go ahead and we can mark them for           
 numbering.                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  The next one is the one that says page           
 3, line 19, 20.                                                               
                                                                               
 CHAIRMAN ROKEBERG:  That would be Amendment Number 4?                         
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Right.  And basically, the intention             
 of this is just to say that the contractor is an employee of the              
 state, not an employee of the oil company.  In either circumstance            
 the oil company is going to pay for the contractor.  It's just a              
 question of who oversees their work, and I don't want to redebate             
 it because I have brought it up a number of times, but it's, the              
 logic is just this is how we do business in the State of Alaska.              
 I, I still haven't heard of a circumstance where we take and turn             
 over our authority to hire experts to help us and make them                   
 employees of the regulated entity.  These folks ought be, they're             
 working for the state and providing determinations necessary for a            
 state decision that's the best interests of the state, and they               
 shouldn't have as their supervisor and hiring authority and firing            
 authority, the company that's regulated.  These things operate at             
 very subtle levels and if you paycheck comes from someone in your,            
 even though the various criteria to work under come from the state            
 you get quite affected by who pays your bills.                                
                                                                               
 Number 667                                                                    
                                                                               
 CHAIRMAN ROKEBERG: Well, it's the Chair's observation that we've              
 already tilled this ground in the forum of Representative Brice's             
 amendment, so I, unless there's any other comments on this, I'll,             
 be prepared for a vote.  Any other comments?  Would the secretary             
 read the roll?                                                                
                                                                               
 REPRESENTATIVE OGAN:  Mr. Chairman.                                           
                                                                               
 CHAIRMAN ROKEBERG:  Oh, you have comments?  Excuse me,                        
 Representative Ogan.                                                          
                                                                               
 Number 671                                                                    
                                                                               
 REPRESENTATIVE OGAN:  I'm sorry.  I missed it.  Did Representative            
 Finkelstein move the motion?                                                  
                                                                               
 REPRESENTATIVE FINKELSTEIN:  I move the motion.                               
                                                                               
 CHAIRMAN ROKEBERG:  Oh, excuse me.                                            
                                                                               
 Number 675                                                                    
                                                                               
 REPRESENTATIVE OGAN:  I object.                                               
                                                                               
 CHAIRMAN ROKEBERG:  You object.  Would the Secretary read the roll?           
                                                                               
 MR. NASH:  Representative Finkelstein.                                        
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Yes.                                             
                                                                               
 MR. NASH:  Representative Bettye Davis.                                       
                                                                               
 REPRESENTATIVE B. DAVIS:  Yes.                                                
                                                                               
 MR. NASH:  Representative Brice.                                              
                                                                               
 REPRESENTATIVE BRICE:  No.                                                    
                                                                               
 MR. NASH:  Representative Williams.                                           
                                                                               
 REPRESENTATIVE WILLIAMS:  No.                                                 
                                                                               
 MR. NASH:  Representative Gary Davis.                                         
                                                                               
 REPRESENTATIVE G. DAVIS:  No.                                                 
                                                                               
 MR. NASH:  Repre., Vice Chairman Ogan.                                        
                                                                               
 REPRESENTATIVE OGAN:  No.                                                     
                                                                               
 MR. NASH:  Chairman Rokeberg.                                                 
                                                                               
 CHAIRMAN ROKEBERG:  No.  Representative Finkelstein, recognizing              
 you for Amendment Number 5.                                                   
                                                                               
 Number 679                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Thank you, Mr. Chairman.  It's page 2,           
 line 30, and this, I just discussed previously with the                       
 commissioner, the idea is that the form of criteria, even though              
 the commissioner apparently has the authority to bring these                  
 concepts up, this would require that if the royalty reduction                 
 doesn't work, if there is not any significant development, within             
 five years then the royalty reduction is terminated.  It's just a             
 performance incentive if nothing else.  Certainly we wouldn't want            
 to be granting these royalty reductions to circumstances where it's           
 just a speculative advantage increasing the value of the lease if             
 nothing else.  We want it to produce activity, not to increase the            
 value of the lease.                                                           
                                                                               
 Number 685                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  You want to move this for the record?                     
                                                                               
 Number 686                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chair, I move this (indisc.).                
                                                                               
 CHAIRMAN ROKEBERG:  I, Representative Finkelstein, if you will                
 allow me...                                                                   
                                                                               
 TAPE 95-17, Side A                                                            
 Number 000                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  The commissioner would be allowed to             
 put this performance requirement into his royalty reduction                   
 contract, but this would say that it would have to be forfeit.                
                                                                               
 Number 006                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Any further discussion on this amendment?                 
 Representative Gary Davis.                                                    
                                                                               
 Number 010                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  So, I understand this to be what?  A 5-             
 year reopener?  Is that, in essence, what it is?                              
                                                                               
 REPRESENTATIVE FINKELSTEIN:  No, no.                                          
                                                                               
 REPRESENTATIVE G. DAVIS:  I can't follow the...                               
                                                                               
 Number 011                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN: That would be, that would be something            
 completely different, which is the ability of one or the other                
 parties to unilaterally, or bilaterally renegotiate provisions.               
 This just says deal's off, no more deal, back to the original, if             
 this doesn't work.  If we lower your royalty and there's no                   
 significant development that occurs because of it, then the royalty           
 goes back to the higher level after five years.  I, I believe the             
 commissioner would put this kind of provision in anyway, but he's             
 not required to unless this was added.                                        
                                                                               
 REPRESENTATIVE G. DAVIS:  Mr. Chairman.                                       
                                                                               
 CHAIRMAN ROKEBERG:  Representative Davis.                                     
                                                                               
 Number 025                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS:  We've, we've heard a lot of testimony               
 relating to flexibility and I think this, again, reduces                      
 flexibility.  We've added, we've added, we've already added some,             
 some reduction of flexibility in, in some of the bill from the                
 original, and I think we're getting pretty...  I would just object            
 because we discussed it and, and the, I'd just like to maintain as            
 much flexibility as possible.                                                 
                                                                               
 Number 037                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Any further discussion?  The Chair would note             
 that I, I really like what you have in there, Representative                  
 Finkelstein, but coming down the side of other relative factors and           
 what Representative Gary Davis has said, so, I'm going to vote no             
 reluctantly on your amendment.  Call for the question.                        
                                                                               
 Number 044                                                                    
                                                                               
 REPRESENTATIVE OGAN:  Can we have a brief at ease?                            
                                                                               
 Number 045                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Brief at ease.  We're back...                             
                                                                               
 REPRESENTATIVE (?):  You did that deliberately, didn't you?                   
                                                                               
 CHAIRMAN ROKEBERG:  ...we're back on.  Any further discussion on              
 Amendment Number 5?  Not the, there was objections and we need to             
 take their vote.  Is that correct?  Will the Secretary read the               
 roll, please?                                                                 
                                                                               
 MR. NASH:  Representative Finkelstein.                                        
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Yes.                                             
                                                                               
 MR. NASH:  Representative Bettye Davis.                                       
                                                                               
 REPRESENTATIVE B. DAVIS:  No.                                                 
                                                                               
 MR. NASH:  Representative Brice.                                              
                                                                               
 REPRESENTATIVE BRICE:  No.                                                    
                                                                               
 MR. NASH:  Representative Williams.                                           
                                                                               
 REPRESENTATIVE WILLIAMS:  No.                                                 
                                                                               
 MR. NASH:  Representative Gary Davis.                                         
                                                                               
 REPRESENTATIVE G. DAVIS:  No.                                                 
                                                                               
 MR. NASH:  Representative, Vice-Chair Ogan.                                   
                                                                               
 REPRESENTATIVE OGAN:  No.                                                     
                                                                               
 MR. NASH:  Chairman Rokeberg.                                                 
                                                                               
 CHAIRMAN ROKEBERG:  No.                                                       
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chair?                                       
                                                                               
 CHAIRMAN ROKEBERG: Representative Finkelstein.                                
                                                                               
 Number 064                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, my last amendment is               
 just conceptual, but it's pretty simple, which is just to take out            
 the part that says "the commissioner's determination vehicle to the           
 court."                                                                       
                                                                               
 CHAIRMAN ROKEBERG:  I didn't hear.                                            
                                                                               
 REPRESENTATIVE OGAN:  I'm sorry.  I distracted him.                           
                                                                               
 Number 071                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chairman, on page 3, lines 16 and            
 17, strike the (indisc. - papers rattling) determination is not a             
 vehicle to the court.                                                         
                                                                               
 Number 074                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG:  Discussion.                                         
                                                                               
 Number 075                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Mr. Chair, just, I, I, we've discussed           
 the, I brought this up plenty, so I don't feel any great need to              
 discuss it any more.  The argument is simple, and in favor of it is           
 that by and large it is already appealable regardless of this.  We            
 have a memo that many portions of it, in fact, the vast majority of           
 the elements of decision are appealable and that's what we use our            
 court system for is for resolving conflicts where there is issues             
 involved, and I think, I think actually, there will be plenty of              
 circumstances where the aggrieved party isn't, you know, somebody             
 who is unhappy with the lease directly.  It will be the party                 
 trying to get the lease.                                                      
                                                                               
 Number 093                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  The Chair notes that we have beat this dead               
 horse to death, and the, and the, my opinion is that we should                
 retain the language in order to deflect any law suits by outside              
 parties and/or the applicant in order that he doesn't twist in the            
 wind too long.  Therefore, I, are you going to move your amendment,           
 or are you conceptualizing?                                                   
                                                                               
 Number 102                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN:  Thank you, Mr. Chairman.  I'm not                
 going to move.                                                                
                                                                               
 CHAIRMAN ROKEBERG:  Okay.  Representative Brice.                              
                                                                               
 Number 105                                                                    
                                                                               
 REPRESENTATIVE BRICE:  One last conceptual amendment would be to              
 page 3, lines to delete, lines 29 through page 4, line 6.  You got            
 that?                                                                         
                                                                               
 REPRESENTATIVE B. DAVIS:  Go back over it.                                    
                                                                               
 CHAIRMAN ROKEBERG:  We already, we already did that amendment.                
                                                                               
 REPRESENTATIVE BRICE:  No, we didn't.                                         
                                                                               
 CHAIRMAN OGAN:  Yeah, we did.                                                 
                                                                               
 Number 114                                                                    
                                                                               
 REPRESENTATIVE BRICE:  Point of order.  This is a wholly, entirely            
 different amendment that I'm going to talk about.  Representative             
 Ogan cannot read people's minds.  I'm not finished making...                  
                                                                               
 CHAIRMAN ROKEBERG:  Okay, continue on, Sir.                                   
                                                                               
 REPRESENTATIVE BRICE:  Okay, thank you.  To delete, basically, what           
 it what it will be doing is to delete the Royalty Board, but to               
 maintain that the commissioner will...                                        
                                                                               
 Number 123                                                                    
                                                                               
 REPRESENTATIVE OGAN:  Point of order.                                         
 CHAIRMAN ROKEBERG:  Wait, let him finish his (indisc.).                       
                                                                               
 REPRESENTATIVE OGAN:  No, point of order.  The point is that we               
 have already, we already had a motion to split this question in               
 three...                                                                      
                                                                               
 CHAIRMAN ROKEBERG:  No,l this is different.  He's trying to make a            
 different amendment.  Let him finish with it so we can find out               
 what he's trying to get at.                                                   
                                                                               
 REPRESENTATIVE OGAN:  (Indisc.).                                              
                                                                               
 CHAIRMAN ROKEBERG:  Go ahead, Representative Brice.                           
                                                                               
 Number 128                                                                    
                                                                               
 REPRESENTATIVE BRICE:  So, Section 8 would read "may not make a               
 determination that gives final approval an application for a                  
 royalty reduction under this subsection unless the commissioner               
 first transmits copies of the determination made by the                       
 commissioner to the presiding officer of each house. The chairs of            
 the standing committees, resources and the chairs of the                      
 legislative Special Committee on Oil and Gas."                                
                                                                               
 Number 138                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Conceptually, I agree with Representative Ogan            
 then.  But that's your point, so.  I don't care to entertain this             
 motion unless you, what's the will of the committee?                          
                                                                               
 Number 142                                                                    
                                                                               
 REPRESENTATIVE OGAN:  Mr. Chairman, he made the motion (indisc.).             
                                                                               
 CHAIRMAN ROKEBERG:  Did you make a motion, or just conceptual?                
                                                                               
 REPRESENTATIVE BRICE:  I made a motion.                                       
                                                                               
 CHAIRMAN ROKEBERG: Okay, I'm sorry.  Is there objections?                     
                                                                               
 REPRESENTATIVE OGAN:  Object.                                                 
                                                                               
 Number 150                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Is there discussion?  Is there a vote?  Let's             
 vote.  Mr. Secretary.                                                         
                                                                               
 MR. NASH:  Chairman Rokeberg.                                                 
                                                                               
 CHAIRMAN ROKEBERG:  No.                                                       
                                                                               
 MR. NASH:  Vice-Chairman Ogan.                                                
 REPRESENTATIVE OGAN:  No.                                                     
                                                                               
 MR. NASH:  Representative Gary Davis.                                         
                                                                               
 REPRESENTATIVE G. DAVIS:  Yes.                                                
                                                                               
 MR. NASH:  Representative Williams.                                           
                                                                               
 REPRESENTATIVE WILLIAMS:  Yes.                                                
                                                                               
 MR. NASH:  Representative Brice.                                              
                                                                               
 REPRESENTATIVE BRICE:  Yes.                                                   
                                                                               
 MR. NASH:  Representative Bettye Davis.                                       
                                                                               
 REPRESENTATIVE B. DAVIS:  Come back to me.                                    
                                                                               
 MR. NASH:  Representative Finkelstein.                                        
                                                                               
 REPRESENTATIVE FINKELSTEIN:  No.                                              
                                                                               
 MR. NASH:  Representative Bettye Davis.                                       
                                                                               
 REPRESENTATIVE B. DAVIS:  What you're doing is what -- I'm voting             
 no.                                                                           
                                                                               
 REPRESENTATIVE BRICE(?):  You've got to try.                                  
                                                                               
 CHAIRMAN ROKEBERG:  Well, that was a tight one.                               
                                                                               
 REPRESENTATIVE (?):  Mr. Chairman, it was supposed to come out that           
 way.                                                                          
                                                                               
 CHAIRMAN ROKEBERG:  Oh, yeah, right.  Excuse me, excuse me, just              
 one, I'll let you guys go.  Is there any further discussion?                  
                                                                               
 REPRESENTATIVE (?):  Yes, there is.                                           
                                                                               
 Number 159                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  We need to move this bill here from the --                
 okay, wait a minute.  Let me interject here before we have a motion           
 to move.  The, it will be the, it's the intention of the Chair to             
 draft a letter of intent that has the input and approval of all               
 members of the committee, or a majority of it, and forward it on to           
 the Resources Committee, which I hope will steer this bill on                 
 Friday if we can move it right now.  And that would be my                     
 intentions so we can tune that up, and not worry about it right               
 now.  Would that, is that okay with everybody?                                
                                                                               
 REPRESENTATIVE (?):  I don't have any objection as written.                   
 CHAIRMAN ROKEBERG:  Well, the Chair does.  Is there any, yeah, we             
 have, we have some work on it and we really need to get out of                
 here, so.                                                                     
                                                                               
 REPRESENTATIVE B. DAVIS:  If you just move the bill and do that.              
                                                                               
 CHAIRMAN ROKEBERG:  Yeah, that's what we're going to do.                      
                                                                               
 REPRESENTATIVE B. DAVIS:  Okay.                                               
                                                                               
 CHAIRMAN ROKEBERG:  We're going to, we're going to circulate the              
 letter and then we'll forward it to Resources.  I'll hand carry it            
 over there and give it to Joe myself.                                         
                                                                               
 REPRESENTATIVE OGAN:  Mr. Chairman.                                           
                                                                               
 CHAIRMAN ROKEBERG:  With the change that I get from the                       
 commissioner.                                                                 
                                                                               
 REPRESENTATIVE OGAN:  Mr. Chairman.                                           
                                                                               
 CHAIRMAN ROKEBERG:  Representative Ogan.                                      
                                                                               
 Number 178                                                                    
                                                                               
 REPRESENTATIVE OGAN:  I move CS for House Bill Number 207 with the            
 appropriate amendments, and fiscal notes attached.  It would be               
 passed on, passed out of this committee, or moved out of this                 
 committee.                                                                    
                                                                               
 Number 182                                                                    
                                                                               
 CHAIRMAN ROKEBERG:  Any, any, any objections?  Hearing no                     
 objections so moved.  We stand adjourned.  Ten to Twelve.                     
 Adjourned at 11:50 a.m.                                                       
                                                                               

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