Legislature(1997 - 1998)

02/19/1998 11:25 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                                  
                 February 19, 1998                                             
                     11:25 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                                                             
                                                                               
* HOUSE BILL NO. 393                                                           
"An Act relating to contracts with the state establishing payments             
in lieu of other taxes by a qualified sponsor or qualified sponsor             
group for projects to develop stranded gas resources in the state;             
providing for the inclusion in such contracts of terms making                  
certain adjustments regarding royalty value and the timing and                 
notice of the state's right to take royalty in kind or in value                
from such projects; relating to the effect of such contracts on                
municipal taxation; and providing for an effective date."                      
                                                                               
     - HEARD AND HELD                                                          
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: HB 393                                                                   
SHORT TITLE: DEVELOP STRANDED GAS RESOURCES                                    
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                   
                                                                               
Jrn-Date    Jrn-Page           Action                                          
02/11/98      2280     (H)  READ THE FIRST TIME - REFERRAL(S)                  
02/11/98      2281     (H)  OIL & GAS, FINANCE                                 
02/11/98      2281     (H)  2 FISCAL NOTES (DNR, REV)                          
02/11/98      2281     (H)  GOVERNOR'S TRANSMITTAL LETTER                      
02/19/98               (H)  O&G AT 11:00 AM CAPITOL 124                        
                                                                               
WITNESS REGISTER                                                               
DAVID COBB, Mayor of Valdez                                                    
P.O. Box 307                                                                   
Valdez, Alaska 99686                                                           
Telephone:  (907) 835-4313                                                     
POSITION STATEMENT:  Presented resolution 98-18.                               
                                                                               
WILSON CONDON, Commissioner                                                    
Department of Revenue                                                          
P.O. Box 110400                                                                
Juneau, Alaska 99811-0400                                                      
Telephone:  (907) 465-2300                                                     
POSITION STATEMENT:  Testified on HB 393.                                      
                                                                               
JOHN SHIVELY, Commissioner                                                     
Department of Natural Resources                                                
400 Willoughby Avenue                                                          
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-2400                                                     
POSITION STATEMENT:  Testified on HB 393.                                      
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-11, SIDE A                                                             
Number 0001                                                                    
                                                                               
CHAIRMAN MARK HODGINS called the House Special Committee on Oil and            
Gas meeting to order at 11:25 a.m.  Members present at the call to             
order were Representatives Hodgins and Ryan.  Representatives                  
Brice and Kemplen arrived at 11:45 a.m. and Representative Ogan                
arrived at 12:11 p.m.  Representatives Rokeberg and Bunde were                 
absent.                                                                        
                                                                               
CHAIRMAN HODGINS stated that the meeting is getting a late start               
due to the joint session.  He stated that the first order of                   
business is a presentation by the Mayor Cobb of Valdez.                        
                                                                               
Number 0060                                                                    
                                                                               
DAVID COBB, Mayor of Valdez, stated that he would like to submit a             
resolution that was passed by the Valdez city council.                         
                                                                               
Number 0097                                                                    
                                                                               
CHAIRMAN HODGINS stated that it is resolution 98-18, "A resolution             
of the city council of the city of Valdez, Alaska, supporting the              
five year tax exemption proposed by the mayors of the Fairbanks                
North Star Borough, North Slope Borough, cities of Fairbanks, North            
Pole and Valdez for the construction of the Trans-Alaska Gas                   
Pipeline."                                                                     
                                                                               
Number 0146                                                                    
                                                                               
                                                                               
HB 393 - DEVELOP STRANDED GAS RESOURCES                                        
                                                                               
CHAIRMAN HODGINS stated that the committee would now hear HB 393,              
"An Act relating to contracts with the state establishing payments             
in lieu of other taxes by a qualified sponsor or qualified sponsor             
group for projects to develop stranded gas resources in the state;             
providing for the inclusion in such contracts of terms making                  
certain adjustments regarding royalty value and the timing and                 
notice of the state's right to take royalty in kind or in value                
from such projects; relating to the effect of such contracts on                
municipal taxation; and providing for an effective date."  He asked            
Commissioner Condon to give his presentation.                                  
                                                                               
Number 0167                                                                    
                                                                               
WILSON CONDON, Commissioner, Department of Revenue, stated that he             
was the chairman of the gas commercialization team, created by HB
250.  He stated that HB 393 was introduced by the Governor and if              
enacted, would be called the Alaska Stranded Gas Development Act.              
He stated that he wanted to talk about the objective of the bill,              
the development of stranded gas in Alaska.  He stated that                     
Commissioner Shively and himself would testify about some                      
provisions in the bill and then he would address the following                 
seven policy issues:  Alaska hire, gas supplies for local                      
communities, municipal sharing in project revenue, confidentiality             
of information, Legislative approval, the question of whether one              
legislature can bind future legislatures with respect to the                   
project's fiscal system and the delegation of tax and power.                   
                                                                               
Number 0295                                                                    
                                                                               
COMMISSIONER CONDON stated that a lot of gas has been discovered on            
the North Slope.  He stated that in the Prudhoe Bay Reservoir, one-            
quarter of the recoverable energy that is available is in the form             
of gas.  There has also been a big gas discovery on the North                  
Slope, he asserted that the question that needs to be asked is why             
can't these resources be developed like oil and why do they appear             
to be stranded today.  He explained that the reason is because it              
takes a lot more plumbing and more expense to haul an equivalent               
unit of energy in the form of gas to market then it does for a unit            
of energy in the form of oil.                                                  
                                                                               
Number 0366                                                                    
                                                                               
COMMISSIONER CONDON referred to the proposed project to take North             
Slope gas as liquefied natural gas (LNG) to Asia.  The facilities              
for that project would include a conditioning plant, a pipeline, a             
liquefaction plant and ships.  This project will cost about the                
same in nominal dollars as the oil pipeline in hauling the North               
Slope oil to market.  Yet the proposed North Slope Gas Project will            
carry an energy equivalent of about 400,000 barrels of oil a day to            
market.  He pointed out that it is one-third or less in energy                 
equivalents of the oil stream that is going to market.  Therefore,             
the situation is that there is the same dollar cost spread over                
one-third the amount of energy.                                                
                                                                               
Number 0436                                                                    
                                                                               
COMMISSIONER CONDON stated that currently there are two                        
possibilities for commercializing the North Slope Gas Resource: the            
above-mentioned LNG project, pipelining gas to tide water,                     
liquefying it there and then transporting the LNG to Asian markets,            
or a gas-to-liquids (GTL) project.  This project would convert                 
North Slope Gas to liquids that could be transported through taps.             
It is the state's belief that the proposed LNG project has the best            
chance of commercial success.  He pointed out that it would be                 
helpful to review the alphabet soup of LNG, natural gas liquids                
(NGL) and GTL's.  He stated that the liquids in each of them are               
quite different.  He held up a model of a methane molecule which               
has one carbon molecule and four hydrogen molecules at the center.             
In order to make LNG, it is a physical process and this is what                
makes up the gas, it makes up 90 percent of the "good stuff".  This            
"stuff" would be pipelined from the North Slope to Valdez or Prince            
William Sound to a liquefaction plant and then it would be cooled              
to minus 260 degrees Fahrenheit, and in doing so it becomes a                  
liquid.  The liquid is then hauled to Asia where it would be re-               
gasified and distributed through a pipeline system to a power plant            
and a town gas delivery system.                                                
                                                                               
Number 0639                                                                    
                                                                               
COMMISSION CONDON stated that he wanted to talk about NGL'S, a                 
substance which is present in natural gas but can be liquefied and             
sold as propane, butane and others.  Currently, these gases are                
recovered out of the gas stream on the North Slope.  Propane is                
made up of three carbon molecules and eight hydrogen molecules.  He            
explained that it is one of the substances that comes out of the               
gas stream of Prudhoe Bay and used as miscible injectant to                    
increase the recovery of oil in the reservoir.  He stated that                 
butane consists of four carbon and four hydrogen molecules.   It is            
also recovered in the central gas facility of Prudhoe Bay and is               
blended with the crude oil and sent to market.  He stated that                 
substances which were generally thought of as gas are marketed from            
the North Slope as part of the crude oil springs.                              
                                                                               
Number 0802                                                                    
                                                                               
COMMISSIONER CONDON stated that he would talk about the chemical               
conversion of the substance methane into another chemical                      
substance.  This molecule is taken apart to achieve the conversion,            
the molecules are then put into another chemical process and                   
constructed into another substance.  He stated that the desired                
result is the molecule decane, which consists of 10 carbon                     
molecules and 22 hydrogen molecules.  He explained that what often             
happens is a molecule that had 20 carbon molecules and 42 hydrogens            
molecules which is wax.  This cannot be prevented, therefore, there            
needs to be a facility in the project that will take that apart                
again to result in the two decane molecules.                                   
                                                                               
Number 0965                                                                    
                                                                               
COMMISSIONER CONDON explained that a year and a half ago the                   
department retained a Dr. Pedro van Meurs, a consultant that talks             
to governments around the world that are trying to structure their             
fiscal systems to develop resources.  Dr. van Meurs was retained to            
see if there was something that the state could do to improve the              
economic viability of a North Slope Gas Project.  His                          
recommendations were that in order to be able to compete against               
other political entities, restructuring of the state and local                 
fiscal regime should be considered to make it competitive with the             
fiscal terms that are being offered in respect to other grass roots            
projects around the Pacific Basin.  Specifically, modify the front             
-end loaded fiscal system to one which is a back-end loaded and                
modify it in a way that it would be more progressive.  This could              
be risking some of revenue that may be received in the event of low            
energy prices in exchange for receiving a higher share, if energy              
prices turn out to be high.  He recommended increasing the fiscal              
certainty of the arrangements that are put in place, by embodying              
them in a contract.  He also recommended that federal decision                 
makers be engaged and that there is a succinct modification of                 
federal fiscal terms so that they would also facilitate the                    
project.                                                                       
                                                                               
Number 1118                                                                    
                                                                               
COMMISSION CONDON stated that both state and local fiscal systems              
are just part of what is needed to come together before a North                
Slope gas project is going to be viable.  There needs to be                    
significant reductions in the cost and there needs to be favorable             
market conditions in order to have a successful resource to market.            
House Bill 393 would provide for payment, in lieu of taxes, for                
sponsors of a stranded gas project.  He explained that existing                
taxes including production, property and corporate income taxes                
could be replaced by a single periodic payment that is more closely            
related to the projects profitability.  And gives state and local              
governments more of a share of the projects economic grant later on            
in the life of the project.  He stated that the provisions in the              
bill that lays out the above mentioned proposition is in AS                    
43.82.020 and AS 43.82.210(a)                                                  
                                                                               
Number 1205                                                                    
                                                                               
COMMISSIONER CONDON explained that stranded gas is gas that the                
commissioner determines to be uneconomic or uncompetitive to                   
develop under prevailing economic or competitive conditions.  He               
stated that the definitions are listed in AS 43.82.900(10).  He                
stated that if the fiscal regime is embodied by a contract that is             
negotiated by the state, it will enhance the viability of a project            
for two reasons:  First, it increases certainty regarding the                  
return investors can expect because it decreases the possibility               
that the government's portion will rise unexpectably in the future.            
Secondly, it will increase certainty regarding the return investors            
can expect and therefore reduce the financial risks taken by the               
investors.  He stated that it means that they will require a lower             
rate of return to compensate them for investing in a project.  He              
stated that the department believes that is a sound justification              
for tailoring a fiscal system for a stranded gas project on a                  
project by project basis to a fiscal contract.                                 
                                                                               
Number 1325                                                                    
                                                                               
COMMISSIONER CONDON stated that under the proposed bill the                    
potential project sponsors come to the commissioner with a proposal            
for development.  The proposed AS 43.82.110 would require that a               
qualified sponsor or a sponsor group must intend to own an equity              
interest in the project or commit gas to the project.  In addition,            
they must either own 10 percent of the gas that the project                    
proposes to market, hold the necessary permits to construct the                
project or have a sufficient network or borrowing capacity to get              
the project moving.                                                            
                                                                               
Number 1370                                                                    
                                                                               
COMMISSIONER CONDON stated that a qualified project must be a                  
proposal to develop 500 billion cubic feet or more of uncompetitive            
gas within 20 years from the project's commencement and it must be             
capable of satisfying local and state demand within the proximity              
of the project.  These requirements are listed in AS 43.82.100.                
He explained that a qualified sponsor must also come in with a                 
qualified plan and present that plan in the application, this is               
found in the bill under AS 43.82.120(b).  A qualified client must              
have a proposal which reflects anticipated diligent development, it            
can not conflict with pertinent oil and gas lease terms and it has             
to be satisfactory for making gas available for instate demand                 
within the proximity of the project.  He stated that if there is a             
qualified project, qualified plan and qualified sponsor, the bill              
provides a review process to determine whether it is possible to go            
on and negotiate a contract.  He stated that in respect to whether             
the applicant and the project are qualified, it is a determination             
made by the commissioner of revenue.  Whether a project plan is                
satisfactory it would be made jointly by the commissioners of                  
revenue and natural resources.  This is stated in AS 43.82.120-150.            
                                                                               
Number 1518                                                                    
                                                                               
COMMISSIONER CONDON stated that if the prospective sponsor was                 
qualified in all respects then the application would be initially              
approved and the negotiation process would begin. He stated that               
the contract negotiations process is covered by AS 43.82, Sections             
200 to 270, pages 10-17.  The important point being that the                   
fiscal terms are to be tailored to the particular economic                     
conditions faced by the project.  They are to be developed by the              
commissioner of revenue after reviewing the pertinent technical and            
market data.  The commissioner of revenue may employ an independent            
consultant with the cost to be reimbursed by the applicant.  The               
commissioner of natural resources may negotiate terms to be                    
included in the contract that deal with certain aspects of the                 
royalty.  He stated that once a proposed contract is in place there            
is a period for public comment and legislative review.  He stated              
that the provisions that deal with that aspect of the bill are AS              
43.82.400-420 pages 19-21.                                                     
                                                                               
Number 1611                                                                    
                                                                               
COMMISSIONER CONDON stated that once a tentative contract has been             
negotiated, the commissioner of revenue is required to present the             
contract along with preliminary findings and a determination that              
the contract is in the long term fiscal interests of the state.  He            
stated that the bill provides for legislative review but not                   
legislative approval.  After the opportunity for the general public            
and the legislature to review what the commissioner proposes to do,            
the commissioner may then enter into the contract and can change               
the terms of the contract provided that the long term fiscal                   
interest of the state remains protected.                                       
                                                                               
Number 1654                                                                    
                                                                               
COMMISSIONER CONDON stated that there are eight basis principles of            
contract development that are set forth in the proposed bill under             
AS 43.82.210(b), pages 10-11.  He explained that in negotiating the            
contract the commissioner of revenue would be obligated to (1)                 
improve the competitiveness of the proposed gas project, (2)                   
develop a contract that was fair to both the state and to the                  
projects sponsors under a wide range of economic circumstances, (3)            
provide fiscal terms that were progressive; state and local                    
governments could take more if the economics turned out to be rich,            
(4) back-end loaded fiscal terms, (5) fiscal terms which recognize             
the sponsors need for a share of the up-side potential, (6) state              
and local governments should take a significant share of the                   
proposed  project economic grant, (7) clear and unambiguous terms              
and (8) the use of cost formulas for administrative certainty and              
efficiency were appropriate.  He deferred to Commissioner Shively              
for some comments on the royalty provisions on the bill.                       
                                                                               
Number 1755                                                                    
                                                                               
JOHN SHIVELY, Commissioner, Department of Natural Resources, stated            
that AS 43.82.220 contains the royalty provisions.  He explained               
that the department has not suggested a change in royalty rate, it             
would stay the same.  The issue that could be negotiated on, is the            
timing of how they take in-kind versus in-value gas.  Currently,               
they are operating under the royalty oil contracts and can change              
the amount of royalty oil or gas that is taken on a monthly basis,             
as long as six months notice is given.  This causes potential                  
problems for any project sponsor that is involved in long-term                 
contracts.  He pointed out that is an area that may require some               
negotiation during the review of the project proposal.  He stated              
that the second thing to look at is how the royalty is determined.             
He stated that in the past there has been a number of disagreements            
regarding the evaluation methodology with the industry.                        
                                                                               
Number 1839                                                                    
                                                                               
COMMISSIONER CONDON stated that he would run throughout the seven              
policy issues.  He explained that on the issue of Alaska hire, both            
the U.S. and Alaska Constitution limit the legislature's ability to            
impose local hire obligations in terms of exercising the                       
legislature's police powers.  He continued that the state does have            
more flexibility to achieve local hire objectives when it enters               
into contracts but it does run into problems, however, when the                
legislature mandates that it must be put into contracts.  He stated            
that it is a difficult area and one which has to be approached with            
some delicacy.  He stated that the local hire provisions are all               
found in the proposed AS 43.82.230, pages 13 to 15.  He stated that            
the department would like to recommend a change to the definition              
of an Alaska resident. The definition in the bill is a person who              
has received a permanent fund dividend or any two of the following,            
a drivers license, a hunting fishing or trappers license, voter                
registration or motor vehicle registration.  He stated that the                
drivers license and motor vehicle registration provision should be             
deleted so that it would be a permanent fund dividend or a hunting,            
fishing and trapping license and voter registration.  In order to              
make those changes on page 15, line 5, an "and" would need to be               
added at the end of the line and strike the language on lines 8 and            
9.                                                                             
                                                                               
Number 1967                                                                    
                                                                               
COMMISSIONER CONDON addressed the issue of gas to communities.  He             
stated that requiring project sponsors to subsidize local gas                  
consumption would increase the project costs and have a dependency             
of pushing project economics in the wrong direction.  He stated                
that they are trying to increase the likelihood that the project is            
going to come into being.  He stated that they are going to be                 
requiring a reasonable provision of gas to communities and they                
need to figure out ways to reduce the uncertainty regarding the                
quantity of gas that the project is going to be required to deliver            
to local users.  This is so that requiring Alaska deliveries is not            
a disincentive to the project.                                                 
                                                                               
Number 2016                                                                    
                                                                               
COMMISSIONER CONDON stated that the third area is municipal revenue            
sharing.  Clearly, the single step that both state and local                   
governments can take to improve economics of this project is to                
relieve the project of the tax burden of a local property tax                  
before the project goes into operation.  He stated that the state              
and local governments will feel the largest negative impact from               
the project in terms of providing social services and the social               
disruption that occurs with a large project.  He pointed out that              
the question is whether or not it is worth it.  He stated that                 
there is the question of how municipalities should share in the                
revenues generated by a fiscal contract.  Whether municipal                    
governments should be at the table, is a question that the                     
legislature needs to address.  He pointed out that the bill does               
not provide for that now and it if it were made to include them,               
negotiations would be more cumbersome.                                         
                                                                               
Number 2107                                                                    
                                                                               
COMMISSIONER CONDON addressed the area of confidentiality, trade               
secrets would be held in confidence by the state.  That information            
would be shared among the pertinent executive branch agencies and              
the legislature, but would be kept confidential as long as they                
truly were trade secrets.  The memorandum and documents generated              
during the negotiation process would remain confidential during the            
negotiation process but would be entirely open and available for               
review once the review of the contract began.  He stated that it is            
stated in AS 43.82.310(f).                                                     
                                                                               
Number 2171                                                                    
                                                                               
COMMISSIONER CONDON addressed the issue of legislative approval of             
the contract.  Formal legislative approval of any fiscal contract              
involving the taxation of stranded gas is important for both policy            
and legal reasons.  The Governor strongly supports formal                      
legislative approval and has pledged to require it even if a                   
legislature enacts legislation without legislatively inserting that            
requirement.  He stated that the bill did not include this                     
requirement because he was advised against it due to technical                 
constitutional reasons.                                                        
                                                                               
Number 2276                                                                    
                                                                               
COMMISSIONER CONDON stated that the final issue is, can one                    
legislature bind future legislatures with respect to the tax                   
liability of a project.  He stated that the Department of Law has              
concluded that it is not possible to bind future legislatures.  He             
stated that it could be done with a properly written fiscal                    
contract which raises the issue of if the legislature wants to test            
that authority.  The considerations are what the legislature                   
believes its power ought to be and what effect litigation would                
have on this project.  He stated that he thought it would be wiser             
to avoid litigation and the exploration of the issue of what the               
extent of legislative power is.                                                
                                                                               
Number 2372                                                                    
                                                                               
CHAIRMAN HODGINS stated that he would like to have a presentation              
by the producers and that the majority of the work be done in this             
committee.                                                                     
                                                                               
Number 2417                                                                    
                                                                               
REPRESENTATIVE JOE RYAN stated that the bill requires a deep leap              
of faith on the part of the legislature.  He stated that it is time            
to get to the serious negotiations of what the resources are worth             
to state of Alaska and how far Alaska is willing to go to sell the             
project.  He stated that there has not been any testimony as to the            
potential of the project.                                                      
                                                                               
TAPE 98-11, SIDE B                                                             
Number 0033                                                                    
                                                                               
                                                                               
REPRESENTATIVE RYAN stated that the commissioner of revenue through            
the bill is given a lot of power and he questioned if that was                 
wise.                                                                          
                                                                               
CHAIRMAN HODGINS stated that at a earlier meeting Dr. Pedro van                
Meurs' testified that he thought there was approximately $150                  
billion worth of revenues.  He stated that Dr. van Meurs would be              
back at a later date to answer those questions.                                
                                                                               
Number 0064                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked that on page 7, line 5 "proximity of              
the project" if the definition could be nailed down better than as             
stated.  He questioned if it was just within 10 miles or does it               
extend to a pipeline that goes out to Southcentral Alaska.                     
                                                                               
Number 0099                                                                    
                                                                               
CHAIRMAN HODGINS stated that it is his hope that committee members             
will pick the bill apart and make sure that there are no unanswered            
questions.  He stated that HB 393 will be held over for further                
consideration.                                                                 
                                                                               
ADJOURNMENT                                                                    
                                                                               
Number 0190                                                                    
                                                                               
CHAIRMAN HODGINS adjourned the House Special Committee on Oil and              
Gas meeting at 12:18 p.m.                                                      
                                                                               
                                                                               

Document Name Date/Time Subjects