Legislature(1997 - 1998)

04/10/1997 08:05 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                                  
                   April 10, 1997                                              
                      8:05 a.m.                                                
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Mark Hodgins, Chairman                                          
Representative Scott Ogan                                                      
Representative Joe Ryan                                                        
Representative Tom Brice                                                       
Representative J. Allen Kemplen                                                
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative Norman Rokeberg                                                 
Representative Con Bunde                                                       
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
Trans-Alaska Gas Line Participants                                             
Van Meurs Report - Suggested Legislative Action                                
                                                                               
PREVIOUS ACTION                                                                
                                                                               
No previous action to record                                                   
                                                                               
WITNESS REGISTER                                                               
                                                                               
WILSON L. CONDON, Commissioner                                                 
Department of Revenue                                                          
P.O. Box 110400                                                                
Juneau, Alaska  99811-0400                                                     
Telephone:  (907) 465-2300                                                     
POSITION STATEMENT:  Presented Administration's recommendations for            
                     legislative action and time line for Trans-               
                     Alaska Gas System (TAGS) line.                            
                                                                               
PAUL FUHS, Lobbyist                                                            
   for Yukon Pacific Corporation                                               
10652 Porter Lane                                                              
Juneau, Alaska  99801                                                          
Telephone:  (907) 790-3030                                                     
POSITION STATEMENT:  Gave presentation on behalf of Yukon Pacific              
                     Corporation.                                              
                                                                               
PETER DeMAY, Senior Vice President of Engineering                              
Engineering Department                                                         
Yukon Pacific Corporation                                                      
1049 West 5th Avenue                                                           
Anchorage, Alaska  99501                                                       
Telephone:  (907) 265-3100                                                     
POSITION STATEMENT:  Gave presentation on behalf of Yukon Pacific              
                     Corporation.                                              
                                                                               
MARK BENDERSKY, Commercial Manager for Gas                                     
BP Exploration (Alaska) Incorporated                                           
P.O. Box 100360                                                                
Anchorage, Alaska  99501                                                       
Telephone:  (907) 263-4939                                                     
POSITION STATEMENT:  Gave presentation on behalf of BP Exploration             
                     (Alaska) Incorporated.                                    
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 97-16, SIDE A                                                             
Number 0001                                                                    
                                                                               
CHAIRMAN MARK HODGINS called the House Special Committee on Oil and            
Gas meeting to order at 8:05 a.m.  Present at the call to order                
were Representatives Hodgins, Ogan, Ryan and Kemplen; there was a              
quorum.  Representative Brice arrived at 8:32 a.m.  Sites on                   
teleconference included Anchorage, Kenai, Houston, San Antonio,                
Chicago and Calgary.                                                           
                                                                               
Trans-Alaska Gas Line Participants                                             
Van Meurs Report - Suggested Legislative Action                                
                                                                               
Number 0090                                                                    
                                                                               
CHAIRMAN HODGINS announced the committee would hear the                        
Administration's time line on the Alaska North Slope gas project.              
He said they would be talking in generalities and looking at a plan            
that may become a little more flexible.  The committee had been                
charged with being a facilitator to the producers, the                         
Administration and the people of Alaska who ultimately own 12-1/2              
percent of the royalty oil on the North Slope.                                 
                                                                               
CHAIRMAN HODGINS advised that first to speak would be Commissioner             
Condon of the Department of Revenue, presenting the                            
administration's recommendations for legislative action and a time             
line for the Trans-Alaska Gas System (TAGS) line.  They would also             
hear from some parties interested in participating in the project.             
                                                                               
Number 0203                                                                    
                                                                               
WILSON L. CONDON, Commissioner, Department of Revenue, testified               
that he had been assigned by the Governor to spearhead the                     
Administration's efforts in looking at issues related to the                   
proposed project to market Alaska North Slope gas in the Far East.             
He stated, "And what you have is a one-page paper which is our                 
proposed work plan to ... investigate matters which we believe we              
ought to be looking at now, working towards the possibility of                 
making a proposal of a substantive nature to the legislature.  And             
if it makes sense to do that, this work plan would, we hope, put us            
in a position to do that next year during the next legislative                 
session."                                                                      
                                                                               
COMMISSIONER CONDON said this set of tasks stems from working from             
Dr. Pedro van Meurs' report as a base.  Questions include whether              
there should be modifications to the fiscal regime that would be               
imposed on the project today as a consequence of the state                     
contractual relationship with the producers; he mentioned the state            
tax regime that would be imposed on the producers and the pipeline,            
as well as local taxes that would be imposed on the producers, the             
pipeline and liquefaction plant owners.                                        
                                                                               
Number 0385                                                                    
                                                                               
COMMISSIONER CONDON said "issue number one" is whether at this                 
juncture it makes sense to put enabling legislation in place to                
facilitate moving forward over the next year to address the issues             
that need addressed; whether the executive branch will propose such            
legislation is still under consideration.  The substantive issues              
that then must be addressed are:  Should there be modifications to             
any of the tax and royalty arrangements currently in place?  If                
yes, how should they be changed?  He stated, "And this sets out a              
time line for considering those issues and for presenting them to              
the legislature next year, if we can work our way through those                
issues that quickly."                                                          
                                                                               
COMMISSIONER CONDON continued, "The next set of issues is:  What               
about dealing with the federal fiscal system?  A point we try to               
make over and over again is that if this project is constructed,               
the major beneficiary fiscally, of all of the interested entities,             
is going to be the United States Treasury.  If this project is                 
built in the United States, it will supply a niche in the Far East             
market, and the revenues that are achieved as a consequence of                 
marketing this gas in the Far East would inure to the producers of             
the gas, the owners of the transportation facility, the state of               
Alaska and the federal government."                                            
                                                                               
COMMISSIONER CONDON continued, "If this project is not constructed,            
it's not a project that's going to be constructed somewhere else in            
the United States.  There's not going to be an LNG facility in Coos            
Bay, Oregon.  If this project doesn't get a niche in the market,               
that niche is going to be taken by someone producing gas in                    
Sakhalin or Indonesia or Abu Dhabi or Cotter.  And in each and                 
every one of those instances, those projects would be configured               
fiscally so the United States government didn't get a share, the               
economic rent that would be created by the project."                           
                                                                               
Number 0580                                                                    
                                                                               
COMMISSIONER CONDON continued, "So this is a win for the United                
States if, in fact, the project is constructed.  It's the better               
part of $30 billion, in nominal dollars, for the federal treasury.             
And, to make the project economic, in the range of project costs as            
we've eyeballed them today, and in the marketing situation as it               
exists today with energy price levels where they are, making this              
project economic would be aided immensely if the federal government            
were willing to make some modifications to their own fiscal system.            
In fact, they could quite easily have a much bigger effect on the              
economics of this project than state and local governments here in             
Alaska.  And they would be the big winners if they were to do that.            
And so the question is:  Is there a constructive way that we could             
approach the federal government and persuade them to look at this              
project and see it as the benefit that it would be to them?"                   
                                                                               
Number 0674                                                                    
                                                                               
COMMISSIONER CONDON said the third set of issues relates to fiscal             
certainty.  If constructed, the project would likely require a                 
substantial portion of the life of the project, with earnings as               
projected today, to be economic.  Requiring a long pay-out, in                 
order to attract investors it might require them to believe there              
will be a stable fiscal and tax system, without major changes in               
tax rates.                                                                     
                                                                               
COMMISSIONER CONDON said, "And the question is:  Is there a way                
that the state, under the constitutional arrangements that apply to            
the taxing authority of the people of the state of Alaska as                   
expressed through their legislature, that ... some kind of fiscal              
certainty can, in any way, be assured or guaranteed?  We don't                 
believe that it's possible to provide an absolute guarantee.  But              
there may be some vehicles available which would make investors                
feel comfortable that they'd made a deal with the state of Alaska              
which would survive.  So that's that set of issues, and those                  
issues would necessarily be addressed contemporaneously with a                 
review of ... the overall state and local fiscal system."                      
                                                                               
Number 0818                                                                    
                                                                               
COMMISSIONER CONDON discussed "regulated industry issues" relating             
to how the federal and state governments regulate pipelines as                 
franchised businesses, almost in some instances as utilities.  He              
said if constructed, the pipeline may be a common carrier.  If so,             
what kind of regulation would apply?  And what kinds of changes                
might be appropriate with respect to the possibility of new gas                
being discovered and the producers of that gas displacing gas that             
was committed to the Far East market through this project?                     
                                                                               
COMMISSIONER CONDON stated, "And, obviously, there's a very remote             
chance that somebody's going to find another reservoir up there the            
size of the Prudhoe Bay reservoir and bring it over and hook it up             
to this project once constructed and say, `you know, since we have             
the same amount of gas you do, we've got to split the capacity                 
fifty-fifty.  And, you know, we're going to take our half to                   
California.'  The constructors of this project have to believe that            
the chances of something like that happening are zero in order to              
put themselves in the position of committing the kind of resources             
that this project would require.  And so the whole set of issues               
that pertain to the way the government, through the Public                     
Utilities Commission here in the state of Alaska and the Federal               
Energy Regulatory Commission at the federal level, would                       
certificate and regulate the pipeline in terms of what we call                 
economic regulation."                                                          
                                                                               
Number 0960                                                                    
                                                                               
COMMISSIONER CONDON discussed the next set of issues, particular               
items the state must consider in terms of what it does with the                
pipeline as it focuses on whether it ought to proceed, and if it               
proceeds, with the kind of arrangements being discussed here.                  
First is a socioeconomic study.  He stated, "Obviously, where                  
you're talking about possibly putting a fiscal system in place that            
is back-end-loaded, that might alter the property tax and remove               
that as a source of revenue for local governments during                       
construction, the question is going to arise:  Well, if we do this             
and all of the impacts that come with it in terms of social                    
displacement, need for additional schools and on and on, is it                 
worth it in terms of finding some way to endure that kind of                   
displacement and pay the social costs that go with it for the                  
public revenue and other economic benefits that would come with the            
project?  And that's a question that ought to be asked and answered            
at this time."                                                                 
                                                                               
COMMISSIONER CONDON suggested state participation should be looked             
at during the next year.  He said the question of taking in-kind               
and in-value should be examined at the front end of this project.              
He stated, "If the producers build a project and enter into                    
contracts to take 2 billion cubic feet of gas to the Far East and              
find customers there who sign up for long-term contracts and make              
those arrangements, and then a couple of years into the project the            
state decides to take its one-eighth's share, 250 million cubic                
feet a day, and market them in the Cook Inlet, then you will not               
have a project sized to meet the customer demand that the project              
was built for.  And so the state, at the front end, is going to                
have to figure out ... what it's going to do with its option.  And             
is it going to commit itself, rather than trying to keep its option            
open as a means of providing the kind of certainty that this                   
project requires?"                                                             
                                                                               
Number 1133                                                                    
                                                                               
COMMISSIONER CONDON said although legislation that requires Alaska             
hire would not pass constitutional muster, there are many things               
the state might do to facilitate Alaska hire on this project in                
terms of training, recruiting, and so forth; those might be matters            
to address legislatively at this time.                                         
                                                                               
COMMISSIONER CONDON stated, "We put down `other important issues.'             
If the form that this package took at its conclusion was a                     
contractual arrangement between the state, the producers and the               
other owners of the pipeline, there's a lot of what we usually                 
refer to as boiler plate that does not/would not go to the heart of            
the fiscal arrangements - royalty rates, tax rates, and so on - but            
nevertheless are important.  And those are matters ... which we                
should take up sooner rather than later."                                      
                                                                               
COMMISSIONER CONDON said finally, there is a question of how to                
involve all the various interests that will want input.  This is               
something the public should care a lot about, and they need to stay            
in touch with the public throughout the process.  Local governments            
have a special interest because any fiscal package to facilitate               
this project would likely modify the state's ability to collect                
revenues under the 20-mill property tax while the project is under             
construction and perhaps during its ramp up.                                   
                                                                               
COMMISSIONER CONDON concluded, "At the end of the day, doing                   
something like we are looking at doing here is a legislative policy            
determination.  And the legislature either will or will not enact              
legislation that will accomplish this or put a package like this               
into operation.  And so, keeping the legislature informed and                  
involved, both while they're in session here and on an interim                 
basis, is something which it's going to be very important for us to            
do."  He offered to answer questions.                                          
                                                                               
Number 1336                                                                    
                                                                               
REPRESENTATIVE JOE RYAN expressed enthusiasm for this project.                 
However, concessions might be requested.  He stated, "Dr. van                  
Meurs, in his report, talked about the difficulty of unitizing                 
these fields, that BP would lose approximately 400 million barrels             
of oil which they wouldn't recover.  Mr. Campbell, in an interview             
the other day, was rather disparaging about ... the prospects of               
this project.  I hear a lot of `ifs' coming down as to what we're              
going to do.  And I'm willing to put a lot of work into this to                
make this thing happen, but I'm not willing to waste my time if                
it's already predetermined that it's not economically feasible,                
that we don't have the ability to access this window, that the                 
Japanese markets are telling us in reports that we should have been            
there already and we should have done the negotiations, that we're             
a day late and a dollar short.   And, you know, if there's the                 
enthusiasm behind this, and if this thing is going to really work              
the way it is, why are we hearing a lot of these disparaging things            
from people that make it look like the state of Alaska is going to             
have to really make some big concessions to get this, and                      
therefore, everybody else's bottom line is going to go up a little             
bit and we're going to accept the work of the (indisc.) and perhaps            
not the revenues we should get?"  Suggesting he was perhaps being              
too cynical, he asked for the commissioner's opinion on his                    
comments.                                                                      
                                                                               
Number 1426                                                                    
                                                                               
COMMISSIONER CONDON replied that in a sense, legislators are paid              
to be cynical in looking at projects such as this.  If the state               
makes concessions, they must ensure they are not hoodwinked.  He               
said even if they are able to put a package like this together, and            
the legislature acts on it, it is possible that even with changes,             
the project still won't be economic.  He stated, "And we won't know            
that until we do it and see what happens.  It's going to be close.             
We know that, and yet the potential benefits that are there, I                 
think, make it worth trying.  But that's a judgment.  I mean, there            
are going be people who look at this and say, `When I see the kind             
of changes we have to make, which is moving our revenue from the               
front end to the back end and so on, it's just not worth it to me.'            
And that will be a policy choice that everyone that's an important             
actor in it will have to make as we work through the project.  But             
there are no guarantees now.  There are no guarantees that we'll do            
a good job.   We'll pledge we'll try to do it, and I believe we                
will.  And there are no guarantees that if we do a good job, the               
project will be built."                                                        
                                                                               
Number 1530                                                                    
                                                                               
CHAIRMAN HODGINS commented that the committee, the state and the               
producers are trying to determine whether this is feasible.  He                
stated, "And in this determination, we need to look at a lot of                
different aspects that will possibly get the price of this gas line            
and this project down 15 to 20 percent from what it's projected                
right now.  So we're looking at all of the ramifications that the              
state, the federal [government], the producers and the technology              
that's coming forward to build this line -- at this moment, I don't            
believe we have a single customer for a single BTU of gas."                    
                                                                               
CHAIRMAN HODGINS continued, "What we have to do, and this is the               
role of this committee, is to bring forward the issues and to bring            
forward a single voice, a single protocol, ... as you'd mentioned              
last time, Representative Ryan, to go forward to our customers with            
one voice.  And that's what we're trying to facilitate now.  And               
there's a lot of very deep questions that we're going to have to               
ask, and this is a very appropriate time to ask them, to establish             
whether we are actually going to go forward with this.  I know that            
the producers have formed a steering committee, and they're working            
amongst themselves trying to figure out if this is even feasible               
economically.  We need to appreciate the fact that they need to                
make a profit to make this happen.  The state of Alaska needs to               
get some revenue off this.  The people of the state of Alaska need             
to get some revenues off this.  So we're all working the same                  
direction on that.  It's just how we sort it out at this point.                
And it's very important that we're all fairly vocal at this point              
to establish our ground, our parameters for what's important for               
our people, the state of Alaska, and the people that are going to              
invest in this line."                                                          
                                                                               
Number 1623                                                                    
                                                                               
REPRESENTATIVE J. ALLEN KEMPLEN said, "This took a lot of work.                
Now we're doing the budget for next year, providing the resources              
for the various agencies, an operating budget.  And it's been my               
experience that when you have a project, if you want to shorten the            
time frame on that project, you can add additional resources in                
order to get more work out of a limited period of time."  Referring            
to the chart provided by the commissioner, he asked whether there              
were opportunities to shorten the time frame if additional                     
resources were provided to the Department of Revenue either for in-            
house or contract work.                                                        
                                                                               
COMMISSIONER CONDON responded, "At some point along the way, I'm               
sure that we will request funding for this effort.  There is a                 
level of effort that is appropriate to getting this work done.                 
Throwing a lot more people into the effort above and beyond that,              
I think, might actually slow it up rather than speed it up.  And               
so, the long and the short answer to your question is:  We do need             
some additional resources to be able to do this, but I caution                 
against throwing too much at it because I don't think the schedule             
can be accelerated substantially by doubling up on the amount of               
people you have working on it."                                                
                                                                               
Number 1741                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked, "What's your time line for a budget              
for this project?"                                                             
                                                                               
COMMISSIONER CONDON said that is still under consideration by the              
Governor.                                                                      
                                                                               
Number 1761                                                                    
                                                                               
REPRESENTATIVE SCOTT OGAN stated, "Our trade representatives in the            
Pacific Rim that we contract with through the Department of                    
Commerce gave a presentation to us here a while back, and one of               
the gentlemen that was speaking emphasized that we're perceived as             
- not to use the word `dysfunctional,' but I think it's probably an            
appropriate word as far as how we deal ... with the Pacific Rim.               
... There's not one voice from producers or Yukon Pacific.  And he             
emphasized, very strongly, that that needs to happen this year, you            
know, that the market window is 2005 and that there are other                  
people that are competing for this."  He asked Commissioner Condon             
to evaluate that statement.                                                    
                                                                               
COMMISSIONER CONDON said he agrees with the observation that the               
trade representative made; having different entities from Alaska,              
or associated with Alaska, talking about different proposals to                
market North Slope gas in the Orient is confusing.  He said the                
executive and legislative branches of state government have made               
major efforts towards going to the market with one voice.  "We're              
not there yet, but that still an objective that we'd like to                   
achieve," he added.                                                            
                                                                               
Number 1870                                                                    
                                                                               
REPRESENTATIVE OGAN stated, "It was my perception that the                     
perception of the Pacific Rim was maybe further exacerbated by the             
fact that during the MOU [memorandum of understanding] that the                
parties that were signing the understanding to work together                   
wouldn't even sit down at the same table and sign the understanding            
together.  To me, and you don't have to answer this, but to me,                
that's a statement that we need to work together."  He said "we"               
was the state, including the legislature and the Administration, as            
well as the producers and the "pipeline people."  He concluded,                
"This is a little hard but it seems disingenuous to me."                       
                                                                               
COMMISSIONER CONDON commented, "The MOUs between the state and the             
producers, and between the state and Yukon Pacific, are not quite              
the same because they have somewhat different interests.  Yukon                
Pacific doesn't yet have any gas.  And the producers obviously have            
an interest in an enormous amount of gas and are affected                      
differently by the fiscal system."  He said there was a signing                
ceremony that included everybody.  He suggested one could look at              
the glass being 7/8 full or 1/8 empty; he would like to emphasize              
the former.                                                                    
                                                                               
Number 1950                                                                    
                                                                               
REPRESENTATIVE OGAN concurred that much progress had been made in              
the last year.  He said, "And I'm looking forward to further                   
progress when everybody's sitting down at the same table and                   
everybody shows up at the same table in the market and says, `Okay,            
we're ready for business.'"  He said that was his point.                       
                                                                               
COMMISSIONER CONDON expressed understanding of that and said they              
were working hard to "get the other eighth into the glass."                    
                                                                               
Number 1979                                                                    
                                                                               
REPRESENTATIVE OGAN noted that there had been speculation lately on            
the gas-to-liquids approach.  He asked whether that is feasible                
within the time frame of the market window at this point.                      
                                                                               
COMMISSIONER CONDON replied, "I don't know the answer to that                  
question for sure, and in some sense, nobody else does either.  The            
question of whether technology, technological advances, inventions,            
if you will, are made that change how that process might work, ...             
may or may not happen.  Today, based on what's publicly available,             
it looks like marketing this gas by taking it to tide water and                
turning it into liquid methane and moving it to market to liquid               
methane is the most economical thing to do.  But we do see large               
projects that look like they're going to be constructed where we're            
turning methane, ethane, and propane into more complex hydrocarbon             
molecules and making -- and those would be transportable through               
the existing TAPS pipeline if you could make them economically on              
the North Slope.  And it would be silly for ... the interested                 
parties not to continue to look at that.  If there is a huge                   
breakthrough, it would be marvelous for all of us.  It hasn't                  
happened yet, but it could."                                                   
                                                                               
Number 2069                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked how the time line put together by the             
Administration matches up against those of the competition.                    
                                                                               
COMMISSIONER CONDON replied, "I don't know what the precise time               
line is with respect to the other projects that we're really                   
competing head-to-head with, in terms of going through and doing               
this sort of work.  It is something that I could get for you.  This            
is really the best I think we can do right now in terms of what it             
is going to take to just get the work done.  And that's all we can             
do, in terms of the competition here, is to do our best."                      
                                                                               
Number 2145                                                                    
                                                                               
REPRESENTATIVE RYAN referred to Alaska hire and the inability to               
directly legislate such practices.  He said he represents a group              
of people who desperately need work and who have, according to the             
1990 census, the lowest household income in Anchorage.  He stated,             
"I plan on doing something about that.  My personal feeling is that            
we should have 80 to 85 - perhaps 90 - percent local hire by ...               
contractual agreements similar to what we've done on Northstar.                
And ... particular conditions can be made in contracts that can't              
be made in statute.  We know this from labor agreements.  I realize            
the need for multi-national companies to run their operations and              
have people with particular knowledge and expertise that can't be              
obtained locally, but I'm also interested in people in Alaska not              
only receiving work but receiving job training so they can develop             
skills, that after the oil fields are done, we do have in place a              
skilled work force.  And that's one of the things for which I will             
be pressing very much as a contractual arrangement.  You have had              
some experience with this through the Northstar.  What are your                
thoughts?"                                                                     
                                                                               
COMMISSIONER CONDON replied, "All I can do at this point is pledge             
to do as much as possible to try to make sure that we have done all            
we can to qualify Alaskans to be able to do this work, and then                
once qualified, that we do everything we can to make sure they get             
hired.  We want to make sure we don't get ourselves into another               
constitutional fight about all this, but there's a lot we can do               
that is perfectly legal and that will give Alaskans the best chance            
they can possibly have to get good jobs here."                                 
                                                                               
Number 2249                                                                    
                                                                               
REPRESENTATIVE OGAN asked whether Commissioner Condon believes it              
would be helpful or appropriate at this time to work legislatively             
on issues such as a tax deferral and a property tax deferral                   
scheme.  He then asked whether it would be more helpful to wait and            
do more of a comprehensive approach.  He suggested if worked on                
now, it could be rolled into more comprehensive legislation later.             
He mentioned getting some of the issues on the table, especially               
with local governments that will be affected by a tax deferral                 
scheme, for example.                                                           
                                                                               
COMMISSIONER CONDON responded, "I think that taking a comprehensive            
approach to this makes the most sense right now."                              
                                                                               
Number 2288                                                                    
                                                                               
CHAIRMAN HODGINS noted that the state, which will be a 12-1/2                  
percent owner of the gas through its royalty program, is one of the            
players.  He asked how the state negotiates with private enterprise            
and how that has been done in the past.  Referring to sensitive                
areas, he asked whether those are negotiated in the open and how               
the state should plan on negotiating as a player.                              
                                                                               
COMMISSIONER CONDON said it depends on how the state decides to                
proceed.  If it is going to take any of its royalty share of this              
gas in kind and sell it, there are legislatively established                   
procedures for conduct of those negotiations, subsequent entering              
into contracts and contract approvals.  He noted that the                      
Department of Natural Resources (DNR) has statutory authority to               
conduct those negotiations and explained, "They have the authority             
to do that in a way that people generally negotiate commercial                 
deals, and that is, sit down and trade drafts and ideas.  In some              
instances, the state is required to conduct competitive sales.  It             
doesn't always have to do it if certain hurdles are met."                      
                                                                               
COMMISSIONER CONDON pointed out that the state can do it                       
competitively, in which case it offers and takes bids on a                     
contract.  It can also do it noncompetitively; in that case, a set             
of standards must be met, and noncompetitive contracts are                     
negotiated like any other contract.  He stated, "There's a process             
for public review, both at a board level - the Alaska Oil and Gas              
Royalty Development Advisory Board - and then the statutes call for            
legislative approval of those contracts.  The question of whether              
the legislature has the authority to compel that kind of review has            
been something that the executive and legislative branches have                
disagreed about in terms of what the legislature can make the                  
executive do; but the executive has always wanted to present those             
contracts for legislative review in any event, in every instance.              
And so that's the process."                                                    
                                                                               
TAPE 97-16, SIDE B                                                             
Number 0010                                                                    
                                                                               
CHAIRMAN HODGINS asked, "If the state of Alaska becomes a partner              
in the gas line or any of the infrastructure, is that a different              
set of rules?"                                                                 
                                                                               
COMMISSIONER CONDON said currently there is no explicit set of                 
rules that would apply, as there is with respect to royalty sales.             
                                                                               
Number 0025                                                                    
                                                                               
CHAIRMAN HODGINS thanked Commissioner Condon.  He announced the                
next segment of the hearing would include testimony, some via                  
teleconference, from Jeff Lowenfels of Yukon Pacific Corporation;              
Beverly Mentzer of Exxon Company, U.S.A., from Houston; Mark                   
Bendersky of BP Exploration (Alaska) Incorporated in Anchorage; Jim            
Johnson of Phillips, from Houston; and Ed Patton of Southwest                  
Research, from San Antonio.  Others were listening on                          
teleconference.  In addition, there was a letter from Mobil to this            
committee that said they have an interest and would like to                    
establish that interest in the gas pipeline.                                   
                                                                               
CHAIRMAN HODGINS emphasized that they are still trying to                      
facilitate this project, which is not a certainty at this point.               
The project must have economic feasibility.  They are in the                   
"finding stage to develop whether this project is going to be                  
economically feasible."  He said there are competitors they will               
have to bring together.  The oil industry has fierce competitors,              
and the federal government will compete with the state for tax                 
dollars, as will local governments.  He stated, "So we're having a             
very difficult and arduous process to go through to get everybody              
talking one message."                                                          
                                                                               
CHAIRMAN HODGINS said he hopes everyone has sufficient patience to             
see this through.  It will be a long and expensive process to bring            
competitors together from the oil industry, the taxation side and              
the government side and to come forward with one unified message.              
He stated, "And we must do that in order to satisfy our customers              
in the Pacific Rim that will look with disfavor and some concern if            
we don't have a unified voice.  And that's the process that we need            
to establish at this point.  As I'd mentioned earlier, there is                
quite a bit of activity on the steering committee level with BP,               
Exxon, Arco and others that are going forward and trying to                    
determine whether this project is even feasible."                              
                                                                               
CHAIRMAN HODGINS continued, "It's my understanding that there has              
to be a reduction in the cost of this of approximately 20 percent              
from what is projected at this point.  I am hoping that everybody              
gets a real sharp pencil and takes a look at where they're sitting             
and where we're going.  And with that in context, it's our job as              
a committee to facilitate the communications between all of these              
individuals.  And I hope that in our zeal to see this pipeline                 
constructed that we don't forget that we need to be patient and                
this needs to be profitable.  And the jobs that Representative Ryan            
talked about are very, very forefront in the minds of all of us."              
He said this is the "next gigantic project" that will put a lot of             
Alaskans to work and bring a lot of revenues into the state's                  
coffers in order to fund the programs they would like to fund.                 
                                                                               
Number 0183                                                                    
                                                                               
CHAIRMAN HODGINS called on Peter DeMay and Paul Fuhs to make a                 
presentation on behalf of Yukon Pacific Corporation.                           
                                                                               
Number 0193                                                                    
                                                                               
PAUL FUHS, Lobbyist for Yukon Pacific Corporation, offered to                  
introduce Mr. DeMay.  He reported that Jeff Lowenfels and Wayne                
Lewis were in Asia collecting additional information from the                  
market; therefore, he and Mr. DeMay would make the presentation.               
He said Mr. DeMay was the chief project manager for the Trans-                 
Alaska Oil Pipeline and worked for Exxon Corporation for 25 years.             
When he left Exxon, he was in charge of half of their world-wide               
projects.  Mr. DeMay is currently Senior Vice President of                     
Engineering for Yukon Pacific Corporation on the gas line.                     
                                                                               
MR. FUHS said this project is critical to the future of Alaska.  He            
stated, "And I think you've all recognized that through the                    
resolutions that you've passed.  And it's also recently been                   
recognized by the mayors of the pipeline corridor who met yesterday            
in Fairbanks ... to form an organization called Trans-Alaska                   
Gasline Now - and these are the mayors from the North Slope to                 
Valdez - to help work on promoting this project.  The benefits are             
in jobs, state revenues and especially in-state use of the gas."               
                                                                               
MR. FUHS continued, "This project could change Fairbanks and allow             
them to use natural gas like Anchorage has enjoyed for many years.             
I think the urgency of this was also reflected in the recent                   
objections that were filed to the Phillips Petroleum Kenai LNG plan            
for the export license for exporting LNG from Kenai in the years               
2004 to 2009.  Apparently there is a question about how much gas               
supply is available in Cook Inlet.  So, even if it isn't that 2004-            
to-2009 period, it's not much long after that where Southcentral               
Alaska is going to need additional gas reserves in order to be able            
to supply residential customers and industrial users."                         
                                                                               
Number 0274                                                                    
                                                                               
MR. FUHS continued, "Mr. Chairman, today we're going to be                     
announcing some new initiatives that have not been put on the table            
before that we hope will help move this project forward.  We know              
that there's a market for it; we've heard in our discussions, our              
trips to Asia, and also in testimony that's come before this                   
committee."  Referring to page 4 of a handout, he mentioned a                  
report in the Legislative Digest about the "representatives of OIT             
that were here."  He stated, "We also have heard from Pedro van                
Meurs, who reported to you that this project could be nibbled to               
death by other projects, and if that were to happen, that this                 
project might never occur.  We also heard from Senator Ted Stevens,            
who addressed a joint session of the legislature and reported that             
after his visit to Sakhalin, that if we don't get our act together             
and get going, that Sakhalin could displace the Alaska gas line                
project."                                                                      
                                                                               
MR. FUHS continued, "Yukon Pacific holds the major permits that are            
necessary for this project.  And those are listed on page 3.  And,             
Mr. Chairman, this project cannot proceed without these permits to             
meet the time line of 2005 or any reasonable period after that.  At            
the same time, we realize that the project cannot go forward                   
without a gas supply and the cooperation of the producers on the               
North Slope, in both the Prudhoe Bay units and the Point Thomson               
units.  In other words, we need each other to move this project                
forward.  It's going to take a lot of cooperation to put together              
a $12-to-$15-billion project, which is the largest private project             
in the history of North America."                                              
                                                                               
MR. FUHS continued, "So, what are the next steps?  What is the most            
important next step to this?  And we feel that is the formation of             
an initial project structure for this.  And that's how the Kenai               
LNG plant was put together.  That's how the Trans-Alaska oil                   
pipeline was put together.  And, today, we are offering an                     
invitation to the oil producers to join with us to form this                   
initial project structure, to put together the funding to take the             
next steps which will prepare us to go to the market.  Everything              
that we should be doing, we should be asking ourselves the                     
question:  How does this move us closer to being [able] to make an             
offer to the market?  Until we do that, we won't know if we have a             
project that's economically viable.  We can do a lot of economic               
analysis, but at some point we have to go to the market."                      
                                                                               
Number 0377                                                                    
                                                                               
MR. FUHS continued, "As we would see this happening, the Yukon                 
Pacific would bring its permits to the project.  We're not going to            
charge for the permits, although the company has made a substantial            
investment in those.  Those would be brought to the project, just              
as we would see ... some of the gas handling facilities on the                 
North Slope brought to the project, some of the facilities that                
could be used in common on the Alyeska pipeline system brought to              
the project to help make this happen in this initial structure."               
                                                                               
MR. FUHS continued, "Now, the best case would be to have all the               
oil companies involved in Prudhoe Bay and in Point Thomson, but if             
for some reason some of those don't want to participate in the                 
pipeline, they can declare their intention to make their gas                   
available and the project can move forward.  We form this initial              
project structure.  Then we've got a way for people to come into               
it.  We're aware of Japanese trading companies that want to invest             
in this project, but there's no structure for them to do that."                
                                                                               
Number 0417                                                                    
                                                                               
MR. FUHS said although they have thus far called the project "TAGS"            
for Trans-Alaska Gas System, that is a generic term for the                    
project.  They foresee the formation of a new limited partnership              
that would have a new name.  He stated, "What Yukon Pacific would              
see in that would be an investment by CSX Corporation in 10 to 25              
percent of the equity of the investment in this project.  In other             
words, we would be a minority owner of the project.  We would see              
other equity investors as holding the majority of the equity                   
position in it, and then we go for the debt to make the loans to               
put together the financing for the rest of the project.  CSX has               
the capability to make these kind of commitments.  They recently               
put together a $10 billion deal to purchase ConRail, to perform a              
merger with ConRail.  They own Sealand Corporation, Burlington                 
Northern.  They're a big company that can make these kind of                   
commitments and are prepared to do that."                                      
                                                                               
MR. FUHS continued, "As far as the question of whether this project            
is economic, we believe that it is economic.  We've read the Pedro             
van Meurs report, and I would just say that we've also performed               
our own economic analysis through a corporation called Credit Swiss            
First Boston Bank."  Referring to page 5 of the handout, which                 
lists some of the credentials of that company, he said, "The one               
that stands out to me is this company is number one in capital                 
raising for the oil and gas industry in the world in 1995:  $6.8               
billion raised.  This is a substantial company in the oil and gas              
business, and we asked them to do an economic analysis and also to             
help put together a financing plan for the project.  And this is               
the report that you have in front of you."                                     
                                                                               
Number 0509                                                                    
                                                                               
MR. FUHS referred to page 6 of the handout, which addresses                    
projected rates of return.  He said, "And even on the right-hand               
side of the chart, with an approximately 50-cents-per-1,000-cubic-             
feet cost at the wellhead paid to the producers, for those who                 
don't want to participate in the pipeline project, which is a                  
number that meets with about what Pedro van Meurs put in his                   
report, this project is still profitable and economic with about a             
14 percent rate of return on equity, which for our corporation is              
enough for us to invest in this project.  And I think it will be               
for others also."                                                              
                                                                               
MR. FUHS asked, "Now, what's the difference between this study and             
the Pedro van Meurs study?  The main difference is in the ramp up.             
Pedro van Meurs said 2.5 million tons a year from the first year               
throughout.  If we were to approach the project on that basis, we              
would never build it, and we would never invest in a project that              
only started out with 2.5 million tons a year.  That's an                      
impossible theoretical projection of the economics of this project.            
What our market information shows us is starting the project with              
about 5 to 6 million tons a year and 2.5 to 3 million tons                     
additional in the years till you get up to about 15 million metric             
tons.  That makes the project work.  And so that's the main                    
difference between the Pedro van Meurs study and our study on the              
economics of this."                                                            
                                                                               
MR. FUHS continued, "Is this project competitive with other                    
projects?  I'd like to ask you to turn to page 7 of this handout,              
where you'll see a comparison of some of the other projects in                 
terms of the capital required to bring on a million tons per year              
of these projects.  And even TAGS at a $15 billion cost is equal to            
Qatargas, which was the last project that was placed, at 6 million             
metric tons, into the Asian market.  And when you look at Natuna,              
a project that's often stated as one of the competitions for an                
Alaska natural gas project, it's about 50 percent more expensive               
than the Alaska project."                                                      
                                                                               
Number 0608                                                                    
                                                                               
MR. FUHS continued, "Well, why is that project being pushed?  The              
main reason is because if it's not developed, the leases are going             
to be taken back.  These leases were already taken back once from              
Phillips in Indonesia when they didn't develop the project, and                
they have a little bit different way of doing their leases there.              
If you don't produce them, ... they take it back.  So I think                  
that's partly what's driving that project.  This idea that Alaska's            
project is not competitive compared to these other projects is just            
not true.  The fact is, it's not that we're not competitive; we're             
not competing.  We're not going to the market with a unified                   
proposal."                                                                     
                                                                               
MR. FUHS continued, "I also want to say that in addition to ...                
just the straight costs of the project, there are some other                   
intangibles that help bring benefits to this project and help us               
sell it.  Balance of trade payments, stability and diversity of                
supply in the Asian market is [sic] very important for these other             
countries that are looking for a supply of their energy.  The other            
thing that I want to point out is that this project has the                    
capacity for total capacity of about 25 million tons per year.  And            
we're going to amortize this pipeline and the gas handling                     
facilities and the liquefaction plant on 14 or 15 million tons.                
That next 10 million tons is going to be very economic.  That will             
be some of the most competitive gas in the world.  It's at that                
time also when state revenues substantially go up.  The wellhead               
goes up.  The profits for the company go up.  So, it's not just the            
15-million-ton project.  It's a potential 25-million-ton project."             
                                                                               
Number 0677                                                                    
                                                                               
MR. FUHS continued, "The last thing I want to address before I turn            
it over to Peter on some of the engineering is the issue of taxes.             
As Commissioner Condon said, we agree the largest beneficiary of               
this entire project is the federal government, at $26 billion in               
taxes on this.  Now, they recently passed a tax bill to help bring             
on line the deep water drilling in the frontier areas in the Gulf              
of Mexico.  And it would be similar-type legislation that would                
allow us to ... improve the economics of this project.                         
Depreciation schedules, tax credits from federal corporate income              
tax, those are the kind of things.  And, Mr. Chairman, I hope that             
this committee and the legislature will recommend to our                       
congressional delegation that they take up these actions in this               
congressional session to help this project."                                   
                                                                               
MR. FUHS continued, "In terms of the state, one of the most                    
important aspects to the construction of the pipeline are [sic] the            
property taxes.  And they're charged during the construction phase             
before there's any revenue.  If anything can be done there, that's             
probably one of the most important.  I think it's good for this                
work to go ahead together and look at wellhead values and severance            
and ad valorem and all of those.  But I just want to caution you               
that when you get into that, the same problems - because of                    
different ownership patterns on the North Slope, of the oil and the            
gas - you're going to run into that again in the tax situation                 
there, and it's going to affect each company differently.  That's              
going to be a very difficult prospect to put together."                        
                                                                               
MR. FUHS continued, "And the last thing I want to say is I don't               
think Alaska should be expected to give up all its benefits from               
this project.  We think the economics of the project are strong                
enough that Alaska can get some tax benefits from this, and we're              
going to need it because there are going to be some impacts from               
this project that ... need to be dealt with.  In any case, we don't            
need to wait on going ahead with these others - the project                    
structure, the engineering work, ... preparing our proposal to the             
market - while we look at the tax issue.  Those should go on                   
concurrently.  So, Mr. Chairman, I'd like to turn it over now to               
Peter DeMay to discuss the next steps for engineering, and what                
those costs would be, and what it's going to take us to get our                
cost figure together to be able to go to the market and also the               
kind of cooperation we're going to need with the producers in                  
analyzing those cost reductions."                                              
                                                                               
Number 0792                                                                    
                                                                               
PETER DeMAY, Senior Vice President of Engineering, Engineering                 
Department, Yukon Pacific Corporation, said they had been looking              
at this project for a long time; he himself had worked on it for               
seven years.  They had prepared a work plan in comprehensive detail            
that covers what is needed not only for engineering but also for               
every aspect required to move the project forward, including                   
marketing, financing, permitting and legal aspects.                            
                                                                               
MR. DeMAY said, "And you might ask:  Well, if you've got the work              
plan, why haven't you used it?  And why aren't you proceeding with             
it?  Well, the answer is very simple.  It's that when we approach              
the market, the market always comes back at us, and they talk about            
what they call the LNG links, the chain, what it takes to bring a              
project to fruition.  And what they expect from people who are                 
discussing projects with them are to demonstrate that they have the            
gas reserves and that they have ample gas reserves for a 20- or 25-            
year contract term.  They also request that we show that we have               
the permits and we can build the project.  They also want to be                
sure that we have the approval of the government to export the gas             
to the markets.  And finally, they want to be sure that the                    
consortium has the financial resources to bring the finances to the            
project."                                                                      
                                                                               
MR. DeMAY continued, "Now in order to get into meaningful                      
discussions with them, that's what you have to start with.  And we             
weren't able to do that. ... In our work plan, really, before we               
get into the phases that need to be followed, the first thing that             
needs to be done is to bring the parties together to form this                 
consortium that could bring that strength to the project and to the            
market.  And so that's where I'll start, on the basis that the                 
first thing we do is form this consortium and bring these parties              
together."                                                                     
                                                                               
MR. DeMAY continued, "Once these parties are brought together, they            
should all bring the results of their studies and their knowledge              
of the project.  We know that they've been studying the project.               
We have been studying the project.  So, there's an awful lot of                
information to be brought together.  And then we should digest that            
information and optimize it and take the advantages of all of these            
studies and anything that will reduce the cost of our project.  For            
instance, as regards the producers at the slope, they certainly are            
more knowledgeable of what facilities are required to condition the            
gas at the slope.  It would be prudent on their part to do the                 
preliminary design of the facilities that are required there.  In              
fact, it would be better if they would go further and say that they            
not only would design these facilities but they would operate and              
maintain them.  They have all of the operational and maintenance               
facilities available at the slope.  And we could even go so far as             
to suggest that they actually own the facilities and sell                      
conditioned gas to the project.  And that, I think, will even be               
more economic for the project."                                                
                                                                               
Number 0958                                                                    
                                                                               
MR. DeMAY continued, "We should also be talking with Alyeska.  As              
far as Alyeska goes, we have an agreement with Alyeska to share                
technical information.  We have full access to all the geotechnical            
data that they have, their source settlement test work, and                    
whatever other information that is available.  And again, we should            
go further.  We should be talking to them about using their                    
infrastructure, using the access ways that they have and the work              
paths and the Yukon River bridge and even their pump stations that             
they're decommissioning, that they have decommissioned and will be             
decommissioning over the next few years.  So there presents a                  
number of opportunities to include these improvements in our                   
project."                                                                      
                                                                               
MR. DeMAY continued, "And then also there have been technological              
advances that have occurred since we suspended our activities.                 
These are related to the fact that there are in use today larger               
gas turbines and gas compressors.  Our design was based on the size            
of equipment that was available at the time we were doing our                  
studies.  Today, instead of building four 3.5-million-metric-tons-             
a-year LNG plants to get 14 million metric tons, we know that we               
can build three plants of 5 million metric tons each for 15 million            
metric tons a year.  That not only decreases costs, but it also                
gives us another ton of LNG."                                                  
                                                                               
MR. DeMAY continued, "And, also, technical advances have been made             
in pipeline materials.  The steels are now stronger, higher                    
stresses.  This will allow us to increase the pressure in the                  
pipeline.  And there are current gas pipelines at higher pressures             
than the one that we have included in our design.  Our design is               
for 2,200 pounds per square inch.  Pipelines today are running at              
3,000 pounds per square inch.  If we can take advantage of that                
technology, we could reduce the diameter [of the] pipeline and,                
consequently, the cost as well.  So there are all of these                     
opportunities to reduce the cost of the project, at least                      
initially, for the initial phase of our activities."                           
                                                                               
Number 1070                                                                    
                                                                               
MR. DeMAY said the real thrust of what they call their phase one               
activities was to confirm the project viability, getting the cost              
down as much as they can.  He stated, "And our goal would be to                
obtain commitments from the consortium members and the market to               
pursue the development of a financeable cost estimate, which is                
required if there's going to be financing of the project from the              
commercial community.  So after these initial optimization studies             
that we suggest, we would then agree on what is our plus-or-minus-             
25-percent cost estimate.  This is not a financeable quality                   
estimate, but it is the best estimate that can be produced on the              
basis of the information that's available."                                    
                                                                               
MR. DeMAY continued, "And then we should seek from the producers a             
start date and their best guess of a net-back price for the gas                
supply.  And then, concurrently with all this activity, we should              
be developing an LNG pricing strategy or a package with which to go            
to the LNG buyers.  And ultimately we hope to obtain from them                 
their best commitment, which would be a form of a letter of intent             
or a letter of understanding, which would address the volumes of               
LNG they will be buying, the start-up of when the LNG would be                 
required by the market, and the timing and the ramp-up rate.  Now,             
if that can all be accomplished, then we would have hard                       
information from the buyers as [to] what ... the start-up rates are            
and the period of ramp up and many of the things that we find from             
all the studies, the various studies; the various opinions that                
people have would be meaningless because we would now have real,               
hard information from the market."                                             
                                                                               
Number 1179                                                                    
                                                                               
MR. DeMAY continued, "Now, what would it take to do all of these               
steps?  We have concluded that this activity could be completed in             
about a six-month period and at a cost of about $7 million.  Now,              
if we find out at the end of this study that there is no market,               
then obviously you wouldn't go any further.  But on the basis that             
we get these letter of intent and letters of understanding from the            
marketplace, we would then proceed to the next phase of our work               
plan, and that would be to produce a financeable cost estimate and             
to obtain commitments for the purchase of LNG from the buyers and              
also get commitments from the companies that own the gas."                     
                                                                               
MR. DeMAY continued, "And the key steps here would be to complete              
the preliminary engineering and a detailed execution plan for the              
project, which really defines how the project is going to be                   
executed, and prepare a financeable estimate, and that is an                   
estimate that has an accuracy of plus-or-minus 15 percent.  In our             
business, that's traditional to have an estimate of that quality               
and the need to complete the preliminary engineering."                         
                                                                               
MR. DeMAY continued, "In addition to doing the preliminary                     
engineering, in order to meet the target of 2005 for delivery, we              
also believe that we need to do a bit of detailed accounting,                  
particularly for the long-delivery items, and also for the critical            
contracts for the initial front-end activities of the project.  We             
know that the delivery of the main heat exchangers on the LNG                  
plants - we had actual quotes for these - are 40 months, 40 months             
from the date of order.  And we know that the LNG turbines and                 
compressors are of the same order of magnitude of delivery.  So,               
you're looking at ... three and a half years before that equipment             
arrives on site."                                                              
                                                                               
MR. DeMAY continued, "The most critical path on our project will be            
the terminal, the LNG marine terminal at Valdez.  The problem here             
is that the site must be prepared.  And we will be moving 7 or 8               
million cubic yards of material, not only once but perhaps twice.              
And we have to get access to that site.  We would have to design               
the construction dock so that we could move equipment and people to            
the site.  And we also immediately have to start building temporary            
facilities to house the employees and the support facilities for               
all of that effort.  It is a real difficult project.  If you saw               
the site, you'd really understand why it's critical.  So -- and                
then we would also have in place the draft contracts for the                   
engineering and procurement contractors.  And the design for the               
site preparation at the terminal would all have to be complete.  So            
in reality, we'll be doing more than just preliminary engineering.             
We'd be doing a bit of detail design."                                         
                                                                               
Number 1357                                                                    
                                                                               
MR. DeMAY said during this phase the tax regime would have to be               
finalized and the project labor agreement in place.  There are                 
insurance matters to settle, and financing would have to start                 
being put into place.  He said, "And we would also have to convert             
our state right-of-way from a conditional status to a final status.            
And then we would have to walk away and convert these buyers'                  
letters of intent to contracts for the gas purchase from the                   
producers as well as the LNG prices for the LNG in the marketplace.            
Now, what would it take to do all this work?  We have estimated                
that it would take 24 months to complete this activity and that the            
cost of this activity would be $80 million."                                   
                                                                               
MR. DeMAY referred to the time line on page 2 of the handout; he               
said although it is a simple schedule, it tells the story they want            
to tell.  Phase one, a six-month effort, would be completed by the             
end of 1997.  Phase two, the preliminary engineering and the                   
financeable quality estimate, would take 24 months, going to the               
beginning of the year 2000.  At that point in time, assuming they              
were successful in negotiating all the contracts with the buyers               
and sellers of the gas, they would initiate the detailed                       
engineering and construction.  However, that absolutely would                  
require having the buyer and seller commitments.  The phase three              
chart shows that it takes five years to get to 2005, when the first            
liquefied natural gas (LNG) deliveries would be made to the                    
marketplace.                                                                   
                                                                               
MR. DeMAY stated, "Also you'll see on that line procurement and                
long-delivery items and award of critical contracts.  You see that             
box.  That means that we have to initially award all of those.  And            
if you look at that five-year period and consider it takes three               
and a half years to get the delivery of those items, that only                 
allows a year and a half after we get the delivery to put that                 
equipment in operation.  And that's a very short period of time."              
                                                                               
MR. DeMAY noted that the bottom line shows a four-year ramp up.                
However, if they have negotiated their contracts, they will know               
the actual ramp-up period, which may be three years instead of                 
four, for example.  This is their best schedule for this job to                
meet the 2005 date.  Any delay along the line can affect that date.            
There is little slack in this schedule.  It is extremely critical              
from every aspect, particularly the equipment delivery aspect and              
the initial activities that must occur at the terminal.                        
                                                                               
Number 1568                                                                    
                                                                               
MR. FUHS stated, "Well, Mr. Chairman, I hope that answers your                 
questions from your letter.  And I just want to say that we're                 
prepared to cooperate with the people who want to work together on             
this.  And we're ready to get to work."                                        
                                                                               
REPRESENTATIVE RYAN indicated his desire to ask some of the                    
producers, as they testified, a "particular question about                     
unitizing that field."                                                         
                                                                               
Number 1640                                                                    
                                                                               
REPRESENTATIVE KEMPLEN referred to the phase one design and said he            
was comparing the chart produced by the commissioner to the                    
critical path chart put together by Yukon Pacific Corporation.  He             
noted that some critical issues must occur at the same time.  In               
addition, some fairly significant costs must be incurred by someone            
before this project is nailed down in terms of a final commitment;             
so there is an element of risk involved by whoever will absorb                 
those costs.  He asked, "Could you explain to me how you see those             
costs being paid?  Who's going take the risks?"                                
                                                                               
Number 1708                                                                    
                                                                               
MR. FUHS replied, "Through this consortium.  And that's how all                
these projects are put together.  You get an initial consortium,               
and they agree amongst themselves who's going to put up the money.             
We're willing to put up part of the money with the consortium                  
members.  And then those costs that are put in on the front end are            
generally paid back to those people when the project goes through.             
It's just part of the overall financing package, engineering and               
all of that.  So you get paid back eventually.  But you're correct:            
You do have to put some risk out on the front end.  And we're                  
prepared to do that."                                                          
                                                                               
Number 1749                                                                    
                                                                               
REPRESENTATIVE OGAN asked Mr. DeMay what areas are critical to                 
improve the relationship between Yukon Pacific Corporation and the             
producers, to send a unified message.  He asked what would greatly             
facilitate that and is perhaps the first thing that could improve              
in that area.                                                                  
                                                                               
MR. DeMAY replied that they have been talking to the producers for             
years.  "All of us have," he added.  He said all of those who are              
aware of and willing to take the financial risk associated with                
developing this project must come together and form an                         
organization; obviously, there will be different ownership                     
percentages for all the parties.  He stated, "And I think once that            
occurs, then an organizational structure will fall out of that.                
And Yukon Pacific may not be the leader in that.  I mean, whoever              
is going to put up the most money will probably have the most                  
influence as to how that proceeds.  And I see that's the only way              
to get that together, to go to the market and say, `Hey, we're                 
together and we can do this project.'"                                         
                                                                               
Number 1852                                                                    
                                                                               
REPRESENTATIVE OGAN asked, "Would it be a fair characterization                
that maybe we should use the term `fish or cut bait' right now or              
cut a lot of bait, you know, and so maybe identify those players               
that are willing, that are actually going to fish and then go from             
there?"                                                                        
                                                                               
MR. DeMAY said yes.                                                            
                                                                               
CHAIRMAN HODGINS thanked them for their presentation and called                
upon Mark Bendersky.                                                           
                                                                               
Number 1931                                                                    
                                                                               
MARK BENDERSKY, Commercial Manager for Gas, BP Exploration (Alaska)            
Incorporated, testified via teleconference from Anchorage.  He                 
stated, "BP is committed to work with the state towards a sound                
energy future for Alaska.  As Alaska's number one investor, we                 
continue to demonstrate this with our involvement in, for example,             
Badami, Northstar and our ongoing successful exploration program.              
While we are not the major owner of gas on the North Slope, we                 
recognize the desire of the state to develop these resources.  We              
believe that a North Slope LNG scheme is uneconomic currently.  We             
would like to emphasize that modifications to the state's fiscal               
regime, by itself, is insufficient to make a North Slope LNG                   
project a reality, but it would be an important and significant                
step.  Potential modifications to the federal fiscal regime,                   
significant cost reductions, formation of a project structure and              
favorable market conditions are all also required.  Our signing of             
the MOU last month set forth a framework for future discussions."              
                                                                               
MR. BENDERSKY continued, "We need to ensure that the many                      
opportunities for gas usage on the North Slope are captured so as              
to maximize liquids production from old and new fields, TAPS                   
throughput, and revenue generation today.  For instance, BP is                 
continuing its work on gas-to-liquids research which could offer               
interesting options for the future."                                           
                                                                               
MR. BENDERSKY continued, "BP has worked with the state                         
Administration in developing the state's 1997-to-1998 target work              
plan that Commissioner Condon has just discussed.  We believe that             
the state's plan has the appropriate scope of work, and we plan to             
participate in these important discussions.  The state's plan's                
target time frames are very ambitious.  You can see that there are             
a large number of important issues that must be worked, discussed              
and agreed."                                                                   
                                                                               
MR. BENDERSKY continued, "BP views the word `contract,' as shown in            
the plan, as a means to enhance fiscal certainty for potential                 
project sponsors.  The contract would include changes to both the              
state's tax and royalty structure to improve the economic                      
feasibility of a North Slope gas project and, to the fullest extent            
permitted by the state's constitution, that the state be bound by              
these contract terms.  This contract would reduce the risk to an               
investor that fiscal terms could change during the life of the                 
contract.  As such, the contract sets a framework within which any             
project ... could operate if it proceeds forward.  We commit to                
work with the state on defining fiscal terms to maximize the value             
of North Slope gas and to that end support Commissioner Condon's               
efforts."                                                                      
                                                                               
Number 2183                                                                    
                                                                               
CHAIRMAN HODGINS referred to Richard Campbell, President of BP                 
Exploration, recently quoted in the Anchorage Daily News as saying             
this project was a bit of a dinosaur.  Chairman Hodgins stated, "I             
would sincerely hope that he was talking about where the oil                   
originally came from and he isn't talking about that this is a                 
project that isn't going to go forward.  He mentioned that there               
were small, low-cost projects that could possibly displace this.               
And if that's the case, I would like to know from BP, concerning               
that statement in the newspaper, what BP's intention is with this              
project.  Is it to sell their gas at wellhead, or is it to be an               
actual participant in this?  And I understand that ... these kind              
of statements to the press ripple throughout the world to our                  
potential customers.  And I find it very difficult to hear ...                 
these kinds of statements come out.  And if you're going to be a               
player, be a player.  And if you're not, ... please don't send the             
wrong message to our potential customers in the Orient.  Would you             
care to respond?"  He then asked whether there were questions from             
the committee while Mr. Bendersky thought about that.                          
                                                                               
Number 2311                                                                    
                                                                               
REPRESENTATIVE RYAN referred to the Pedro van Meurs report and                 
unitization of the field; he said it showed that by selling the                
gas, BP had a potential loss of 400 million barrels of oil.  He                
said, "And I'd like to know what value you put on the oil versus               
the amount of gas you would get and whether this shows that you                
folks are going to make or lose money on this project and whether              
you think it's particularly feasible, that the oil is worth more               
than the gas.  And what would be your intentions in that respect?"             
                                                                               
MR. BENDERSKY replied, "I believe the estimated figure of close to             
400 million barrels of oil losses was from the field entirely.  And            
BP would have the largest share of that oil loss; it's about half.             
Those oil losses ... would be small initially, and they would tend             
to get larger in the later years of project life.  And when we                 
pencil in the economics of those future oil losses against the more            
near-term gas revenue, if there is an economic project, then the               
near-term gas .... [Cut off mid-speech by end of tape]                         
                                                                               
TAPE 97-17, SIDE A                                                             
Number 0006                                                                    
                                                                               
MR. BENDERSKY continued, " ... its future options with regard to               
participation in an LNG option.  It's also continuing to evaluate              
how to get the maximum value of using gas on the North Slope in                
enhanced oil recovery projects, producing natural gas liquids for              
sale down TAPS and other new technologies.  We're interested in                
maximizing the value of gas on the North Slope, and we believe ...             
our interests are aligned with the state in this regard.  And we               
are keeping are options open.  And I hope you will view this as                
good news in that we are not solely focused on one potential option            
that has significant hurdles in its future, but we are trying to               
find what's the best way to do it."                                            
                                                                               
Number 0099                                                                    
                                                                               
REPRESENTATIVE RYAN responded, "Well, I can understand that people             
are evaluating options.  And knowing the investment that the                   
producers have at present in the field and future investments that             
will be required, I would think that somewhere along this line,                
someone has made some evaluations.  I can't imagine after all these            
years up on the North Slope, and knowing the values and considering            
that these will probably be future contracts and what the market               
may bear, that there weren't some more concrete figures, that we're            
still in the stage of evaluation at this point.  It makes it very              
difficult to imagine this project could go forward if the producers            
haven't fairly well penciled in some rather firm ballpark figures.             
I mean, are you still in the evaluation stage?  And what period of             
time do you think it's going to take you to come up with a ballpark            
figure whether it's worth your while to participate in this                    
project?"                                                                      
                                                                               
MR. BENDERSKY replied, "I don't have a good answer for that.  The              
world is constantly changing.  We're constantly updating our                   
evaluations and strategy, and the project isn't yet economic.  We              
are working hard to make it so.  We're looking at other options,               
and it's just an ongoing process.                                              
                                                                               
Number 0218                                                                    
                                                                               
REPRESENTATIVE RYAN commented that people from the north of the                
United Kingdom have a tradition of having a posture of a rather                
dour nature.  He said, "... you have to realize that statements                
such as that press interview by Mr. Campbell have given some folks             
here in the legislature thought as to whether we should revisit                
some of the things that we previously have made some agreements                
[on], because we thought we were operating in a good-faith nature,             
and now we see that perhaps things aren't quite what we expected.              
So I think you may pass that on.  And perhaps a little caution in              
the future would be appropriate."                                              
                                                                               
Number 0290                                                                    
                                                                               
CHAIRMAN HODGINS called an at-ease at 9:40 a.m.  He called the                 
meeting back to order at 9:48 a.m.                                             
                                                                               
CHAIRMAN HODGINS asked Mr. Bendersky whether he was ready to                   
respond.                                                                       
                                                                               
Number 0333                                                                    
                                                                               
MR. BENDERSKY stated, "I'd like to first explain what I think the              
dinosaur comment was all about.  It's not a point about the                    
dinosaurs being extinct.  It's a point about large animals or large            
amounts of gas being slow to move and very, very difficult to put              
into the market.  It's been our recent analysis that the smaller               
projects are more attractive to the market.  It's a smaller risk               
for buyers to absorb those projects, and the buyers have told us               
smaller is better.  They use the words `more digestible.'  I don't             
think you should also believe that we're not optimistic.  I think              
you should look at our track record.  The projects we are doing in             
Alaska have always been in the state and legislature's best                    
interests, and we intend to try and maximize North Slope gas                   
resources.  And to that end, I think we're working towards the same            
goal."                                                                         
                                                                               
Number 0452                                                                    
                                                                               
REPRESENTATIVE OGAN, continuing his fishing analogy, said, "You                
know we've been cutting a lot of bait, and we know the fish are                
there, the fish being the market.  And we know where they're going             
be and when they're going to be there. ... And there's other people            
that are participating in the fleet, that have their bait cut and              
their hooks are baited and their lines are in the water.  And we               
haven't even put our lines in the water yet.  Why don't we                     
participate in that, you know, get past the talking stage here a               
little bit and be willing to let the market decide?  I mean, I've              
clearly heard that they're very interested in Alaska gas, not just             
because the market is not too big for them, but they like to                   
diversify their market.  And certainly the United States of America            
is politically very stable.  And, you know, let's let the market               
decide that.  But I just don't think we have any lines in the                  
water.  Until we get lines in the water, ... we're not going to                
hook any up."                                                                  
                                                                               
MR. BENDERSKY replied, "BP has been working for several years now              
on evaluations of this project, working very closely with Arco and             
Exxon.  We've maintained very close contact and continue to                    
[maintain] very close contact with the market.  We intend to                   
continue our ... joint efforts with Arco and Exxon through the end             
of this year.  We have a detailed program of work through the end              
of this year.  And we're open-minded about how ... future efforts              
may evolve."                                                                   
                                                                               
Number 0598                                                                    
                                                                               
REPRESENTATIVE OGAN said, "And I recognize that there's been a lot             
of movement, and I don't want to discount that at all.  And I                  
appreciate your comments.  But I still feel that I guess I share               
some of the chairman's concerns about comments like that in the                
press."                                                                        
                                                                               
MR. BENDERSKY replied, "I'd just like to say that some of the most             
optimistic people I know come from the British Islands."                       
                                                                               
Number 0642                                                                    
                                                                               
CHAIRMAN HODGINS announced they would adjourn the meeting for a                
House floor session.  He thanked participants and held the meeting             
over until 8:00 a.m., Tuesday, April 15.                                       
                                                                               
ADJOURNMENT                                                                    
                                                                               
Number 0701                                                                    
                                                                               
CHAIRMAN HODGINS adjourned the Special Committee on Oil and Gas                
meeting at 9:53 a.m.                                                           
                                                                               

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