Legislature(2001 - 2002)

04/27/2001 08:10 AM House O&G

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE SPECIAL COMMITTEE ON OIL AND GAS                                                                           
                         April 27, 2001                                                                                         
                           8:10 a.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Scott Ogan, Chair                                                                                                
Representative Hugh Fate, Vice Chair                                                                                            
Representative Fred Dyson                                                                                                       
Representative Mike Chenault                                                                                                    
Representative Vic Kohring                                                                                                      
Representative Gretchen Guess                                                                                                   
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 190                                                                                       
"An  Act levying  and collecting  a  tax on  certain North  Slope                                                               
natural  gas in  place if  certain requirements  relating to  its                                                               
sale  and delivery  are  not met,  and imposing  a  limit on  the                                                               
Department of Natural  Resources that relates to  the issuance or                                                               
extension of  oil and gas  leases containing natural gas  that is                                                               
capable of production in paying  quantities; and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 220                                                                                                              
"An  Act establishing  an exploration  and development  incentive                                                               
tax  credit  for  persons  engaged in  the  exploration  for  and                                                               
development of  less than 150 barrels  of oil or of  gas for sale                                                               
and  delivery  without  reference  to  volume  from  a  lease  or                                                               
property in the state; and providing for an effective date."                                                                    
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 190                                                                                                                  
SHORT TITLE:NATURAL GAS PIPELINE INCENTIVE/ GAS TAX                                                                             
SPONSOR(S): REPRESENTATIVE(S)WHITAKER                                                                                           
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/16/01     0627       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/16/01     0627       (H)        O&G, RES, FIN                                                                                
03/22/01     0688       (H)        SPONSOR SUBSTITUTE INTRODUCED                                                                
03/22/01     0688       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/22/01     0688       (H)        O&G, RES, FIN                                                                                
03/22/01     0688       (H)        REFERRED TO O&G                                                                              
04/27/01                (H)        O&G AT 8:00 AM CAPITOL 124                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LORI BACKES, Staff                                                                                                              
to Representative Jim Whitaker                                                                                                  
Alaska State Legislature                                                                                                        
Capitol Building, Room 411                                                                                                      
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Made a brief state on behalf of the                                                                        
sponsor.                                                                                                                        
                                                                                                                                
GEORGE FINDLING, Manager                                                                                                        
External Strategies                                                                                                             
Phillips Alaska                                                                                                                 
PO Box 100                                                                                                                      
Anchorage, Alaska 99510                                                                                                         
POSITION STATEMENT:  Provided the committee with information and                                                                
testified in opposition to [SSHB 190].                                                                                          
                                                                                                                                
BARBARA DONATELLI, Executive Vice President                                                                                     
Cook Inlet Region, Inc.                                                                                                         
PO Box 93330                                                                                                                    
Anchorage, Alaska 99509                                                                                                         
POSITION STATEMENT:                                                                                                             
                                                                                                                                
JACK CHENOWETH, Assistant Revisor                                                                                               
Legal Counsel                                                                                                                   
Legal and Research Division                                                                                                     
Legislative Affairs Agency                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building                                                                                                                
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Provided opinion on state's ability to                                                                     
terminate a lease.                                                                                                              
                                                                                                                                
JOE MATHIS, Senior Operations Manager                                                                                           
NANA Development Corporation                                                                                                    
1001 E. Benson                                                                                                                  
Anchorage, Alaska 99508                                                                                                         
POSITION STATEMENT:  Testified in opposition to [SS]HB 190.                                                                     
                                                                                                                                
CHRIS JOHANSEN                                                                                                                  
Flowline Alaska                                                                                                                 
1881 Livengood                                                                                                                  
Fairbanks, Alaska 99701                                                                                                         
POSITION STATEMENT:  Testified in opposition to [SS]HB 190.                                                                     
                                                                                                                                
TOM WILLIAMS, Alaska Tax Counsel                                                                                                
BP Exploration (Alaska), Inc.                                                                                                   
PO Box 196612                                                                                                                   
Anchorage, Alaska 99515                                                                                                         
POSITION STATEMENT:  Testified that BP opposes [SS]HB 190.                                                                      
                                                                                                                                
JOHN MINIER, President                                                                                                          
NANA Colt Engineering                                                                                                           
5900 Bluebell Drive                                                                                                             
Anchorage, Alaska 99516                                                                                                         
POSITION STATEMENT:  Testified in opposition to [SS]HB 190.                                                                     
                                                                                                                                
BILL STAMPS, Manager                                                                                                            
Business Development and External Affairs                                                                                       
Peak Oilfield Service Company;                                                                                                  
President, Alaska Support Industry Alliance                                                                                     
2525 C Street, Suite 201                                                                                                        
Anchorage, Alaska 99503                                                                                                         
POSITION STATEMENT:                                                                                                             
                                                                                                                                
JUDY BRADY, Executive Director                                                                                                  
Alaska Oil and Gas Association                                                                                                  
121 West Fireweed Lane                                                                                                          
Anchorage, Alaska 99503                                                                                                         
POSITION STATEMENT:  Testified in opposition to SSHB 190.                                                                       
                                                                                                                                
LARRY HOULE, General Manager                                                                                                    
Alaska Support Industry Alliance                                                                                                
4220 B Street, Number 200                                                                                                       
Anchorage, Alaska 99503                                                                                                         
POSITION STATEMENT:  Testified in opposition to SSHB 190.                                                                       
                                                                                                                                
MARY SHIELDS, General Manager                                                                                                   
Northwest Technical Services                                                                                                    
330 Arctic Boulevard, Suite 201                                                                                                 
Anchorage, Alaska 99503                                                                                                         
POSITION STATEMENT:  Testified in opposition to [SSHB 190].                                                                     
                                                                                                                                
SALLY ANN CAREY, Secretary                                                                                                      
[Alaska] Support Industry Alliance                                                                                              
3264 Montclare Court                                                                                                            
Anchorage, Alaska 99503                                                                                                         
POSITION STATEMENT:  Testified in opposition to [SSHB 190].                                                                     
                                                                                                                                
JACK LAASCH, Member                                                                                                             
Executive Board                                                                                                                 
Alaska Support Industry Alliance                                                                                                
3264 Montclare Court                                                                                                            
Anchorage, Alaska 99503                                                                                                         
POSITION STATEMENT:   Testimony in opposition to  [SS]HB 190 read                                                               
by Mr. Carmichael.                                                                                                              
                                                                                                                                
BOB CARMICHAEL                                                                                                                  
3264 Montclare Court                                                                                                            
Anchorage, Alaska 99503                                                                                                         
POSITION STATEMENT:  Testified in opposition to [SSHB 190].                                                                     
                                                                                                                                
BOB STINSON, President                                                                                                          
CONAM Construction Company;                                                                                                     
Vice President, Alaska Support Industry Alliance                                                                                
3015 Seawind                                                                                                                    
Anchorage, Alaska 99516                                                                                                         
POSITION STATEMENT:  Testified in opposition to [SS]HB 190.                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-33, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR SCOTT  OGAN called the  House Special Committee on  Oil and                                                               
Gas meeting to  order at 8:10 a.m.   Representatives Ogan, Dyson,                                                               
Chenault,  Fate, and  Joule were  present at  the call  to order.                                                               
Representatives Kohring and  Guess arrived as the  meeting was in                                                               
progress.                                                                                                                       
                                                                                                                                
HB 190-NATURAL GAS PIPELINE INCENTIVE/ GAS TAX                                                                                
                                                                                                                                
CHAIR OGAN announced  that the only order of  business before the                                                               
committee would  be SPONSOR  SUBSTITUTE FOR  HOUSE BILL  NO. 190,                                                               
"An  Act levying  and collecting  a  tax on  certain North  Slope                                                               
natural  gas in  place if  certain requirements  relating to  its                                                               
sale  and delivery  are  not met,  and imposing  a  limit on  the                                                               
Department of Natural  Resources that relates to  the issuance or                                                               
extension of  oil and gas  leases containing natural gas  that is                                                               
capable of production in paying  quantities; and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
Number 0071                                                                                                                     
                                                                                                                                
LORI BACKES,  Staff to Representative Jim  Whitaker, Alaska State                                                               
Legislature, made the a brief  statement on behalf of the sponsor                                                               
as follows:                                                                                                                     
                                                                                                                                
     The sponsor of  HB 190 requested at the  time this bill                                                                    
     was introduced, and has maintained  since then, that it                                                                    
     not  be heard  unless, after  appropriate testimony,  a                                                                    
     vote be taken  by the committee for  passage or against                                                                    
     passage.                                                                                                                   
                                                                                                                                
     The  sponsor's  position  has not  changed.    However,                                                                    
     Representative   Whitaker  recognizes   the  chairman's                                                                    
     prerogative, and  therefore does  not object to  HB 190                                                                    
     being heard.                                                                                                               
                                                                                                                                
     That  concluded   my  statement.    I   have  not  been                                                                    
     authorized by the sponsor to  answer questions from the                                                                    
     committee.                                                                                                                 
                                                                                                                                
CHAIR OGAN explained  that he wanted to hear HB  190 "in response                                                               
to a number of questions" he had submitted to the producers.                                                                    
                                                                                                                                
Number 0187                                                                                                                     
                                                                                                                                
CHAIR OGAN  read an excerpt from  a talk given by  former Senator                                                               
Bob Bartlett to the Alaska  Constitutional Convention on November                                                               
8, 1955, which he read as follows:                                                                                              
                                                                                                                                
     ...    [The]  various   bills  for  statehood  enabling                                                                    
     legislation  which   have  been  introduced   in  [the]                                                                    
     Congress in recent years have  ... uniformly called for                                                                    
     large  grants of  land from  the  United States  public                                                                    
     domain to be  made to the State of Alaska.   The figure                                                                    
     mentioned has been  in excess of 100  million acres, an                                                                    
     area roughly equal to the  total land area of the State                                                                    
     of  California.   The  100  million  acre figure  would                                                                    
     appear  to  be  approximately  the  figure  which  will                                                                    
     finally be adopted.                                                                                                        
                                                                                                                                
     The  State  of  Alaska  would choose  almost  all  this                                                                    
     acreage  from the  lands not  included  in the  present                                                                    
     federal  reservations  and  withdrawals,  or  which  is                                                                    
     otherwise unappropriated.   The 100 million  plus acres                                                                    
     represents  a veritable  empire, a  wealth of  land and                                                                    
     resources never  before conferred on any  state, saving                                                                    
     only Texas  which, upon its  entry into the  Union, was                                                                    
     allowed to  retain all its  public lands.   Alaska will                                                                    
     receive also, in addition to  the 100 million acre plus                                                                    
     land  grant, an  uncounted  but  tremendous acreage  of                                                                    
     submerged lands,  [land] which  under decisions  of the                                                                    
     Supreme Court  of the United  States have been  held in                                                                    
     trust  for the  future  state.   These submerged  lands                                                                    
     include  lands under  [the] beds  of navigable  rivers,                                                                    
     lakes,  [and] streams;  the tidelands  proper; and  the                                                                    
     submerged soils of  the marginal sea out  to the three-                                                                    
     mile limit.  ...                                                                                                           
                                                                                                                                
     Two  very real  dangers are  present.   The first,  and                                                                    
     most obvious, danger is that  of exploitation under the                                                                    
     thin disguise  of development.  The  taking of Alaska's                                                                    
     mineral  resources  without   leaving  some  reasonable                                                                    
     return for the support  of Alaska governmental services                                                                    
     and the  use of all  the people  of Alaska will  mean a                                                                    
     betrayal in the administration  of the people's wealth.                                                                    
     The   second   danger   is  that   outside   interests,                                                                    
     determined to  stifle any  development in  Alaska which                                                                    
     might  compete with  their  activities elsewhere,  will                                                                    
     attempt  to acquire  great areas  of Alaska's  [public]                                                                    
     lands in order not to  develop them until such time as,                                                                    
     in  their omnipotence  and the  pursuance of  their own                                                                    
     interests, they  see fit.   If large areas  of Alaska's                                                                    
     patrimony  are turned  over  to  such corporations  the                                                                    
     people of Alaska may be  even more the losers [than] if                                                                    
     the lands had been exploited.                                                                                              
                                                                                                                                
Number 0437                                                                                                                     
                                                                                                                                
CHAIR  OGAN remarked  that some  of those  fears haven't  come to                                                               
pass  and  there has  been  responsible  development of  Alaska's                                                               
lands.   However,  he  felt  that the  excerpt  did contain  some                                                               
wisdom  in  that   not  all  of  Alaska's   resources  have  been                                                               
developed.  The argument could  be made that Alaska's natural gas                                                               
is still in the ground.                                                                                                         
                                                                                                                                
CHAIR OGAN  noted that a number  of questions have been  asked of                                                               
the  producers such  as the  type of  contracts they  enter into,                                                               
specifically  with  Australia and  Indonesia.    Exxon was  asked                                                               
about Yemen,  Qatar, Natuna,  and Sakhalin.   However,  Exxon was                                                               
nonresponsive  and claimed  that  the terms  of their  agreements                                                               
with   other   governments  contain   confidentiality   agreement                                                               
provisions   that   limit   their  ability   to   discuss   them.                                                               
Furthermore, obtaining information from  those countries on their                                                               
regimes is very difficult.   Chair Ogan did note his appreciation                                                               
of  the candor  of  the  discussion of  Phillips  and  BP.   Some                                                               
discussions  revolved   around  the  petroleum  mining   code  in                                                               
Australia with  Phillips.  [That  code] includes a "use  it, lose                                                               
it"  provision in  that if  there is  no commercial  development,                                                               
then it  [the petroleum] is  relinquished to the country.   Chair                                                               
Ogan expressed  interest in Phillips  and BP coming to  the table                                                               
to discuss [the information from the countries].                                                                                
                                                                                                                                
CHAIR  OGAN   offered  his  congratulations  regarding   how  the                                                               
contracts were let out on the  Lower 48 pipeline.  He was pleased                                                               
that Alaskan companies were acknowledged.                                                                                       
                                                                                                                                
Number 0839                                                                                                                     
                                                                                                                                
GEORGE FINDLING,  Manager, External Strategies,  Phillips Alaska,                                                               
announced  that a  letter detailing  the licensing  provisions is                                                               
being  developed.    Mr.  Findling then  proceeded  to  give  the                                                               
committee  a quick  overview.   He explained  that there  are two                                                               
kinds  of licensing  provisions covered  in the  Timor Sea  area.                                                               
First there  are the licensing  provisions in the Timor  Sea gap,                                                               
which are under a production  sharing contract that is authorized                                                               
under  a  treaty  that  was   originally  between  Australia  and                                                               
Indonesia.  Although  Mr. Findling noted that he  isn't an expert                                                               
on the exact politics, he  understood that Indonesia relinquished                                                               
Timor to  the control of  the United Nations who  will administer                                                               
Timor until there is a vote  on independence.  The United Nations                                                               
adopted  the   treaty  that  was  originally   developed  between                                                               
Indonesia   and  Australia   and  then   basically  [agreed]   to                                                               
administer  the  production  sharing  agreement.    Mr.  Findling                                                               
pointed  out that  new rules  have changed  inside the  Timor gap                                                               
since [Phillips]  obtained its license  in 1991 and  discovery of                                                               
the Bayu-Undan field in 1995.                                                                                                   
                                                                                                                                
MR.  FINDLING  turned  his  discussion  to  the  provision  of  a                                                               
production sharing contract in the  Timor gap area, the so called                                                               
"treaty area."   In the first three years, these  are licenses as                                                               
opposed  to leases,  which are  achieved through  a bonus  bid in                                                               
Alaska.   The  licenses are  achieved through  a commitment  to a                                                               
work  program.   For  the  first three  years,  there  is a  firm                                                               
exploration,  evaluation  work   program,  including  necessarily                                                               
seismic and  well drilling.   This  is a six  year contract.   He                                                               
explained  that originally  there is  a bid  on the  work program                                                               
that  is basically  adjusted to  the results  of the  third year.                                                               
The  production  sharing  agreement basically  ensures  that  the                                                               
first  three  years   are  executed.    Contracts   can  only  be                                                               
terminated  for  breech.   However,  if  the work  program  isn't                                                               
completed,  then  there  are opportunities  for  remedies.    Mr.                                                               
Findling pointed out  that in the last three  years contracts can                                                               
be terminated by mutual agreement.                                                                                              
                                                                                                                                
MR.  FINDLING  addressed  the  Bayu-Undan  field  for  which  the                                                               
original  execution of  the exploration  license was  in December                                                               
1991.  The  discovery of the field occurred in  1995, after which                                                               
Phillips determined that it had a  gas and condensate field.  The                                                               
condensate  is  important  because  it is  liquids  that  can  be                                                               
recovered at  the platform through  a gas cycling project.   Then                                                               
Phillips  immediately were  authorized  to  develop a  condensate                                                               
recovery plan  in February 2000.   He pointed out that  the costs                                                               
for  the exploration  and development  of the  [Bayu-Undan] field                                                               
are being  recovered through the  condensate recovery.   He noted                                                               
that there  is a second  phase of development for  the Bayu-Undan                                                               
field, which is the gas  development plan.  However, the decision                                                               
to proceed  with that  project will  be determined  separate from                                                               
the  gas condensate  recovery  and depends  upon  securing a  gas                                                               
market  and  co-owner  support  of a  commercial  venture.    Mr.                                                               
Findling said,  "In no  way is  our concession  at risk  for some                                                               
lack of  development of  gas.  Gas  is completely  dependent upon                                                               
developing a market ... and approval of the co-owners."                                                                         
                                                                                                                                
CHAIR OGAN related  his understanding that the project  is now in                                                               
question due to  a dispute between East Timor  and Australia over                                                               
royalty percentages or production sharing percentages.                                                                          
                                                                                                                                
MR. FINDLING agreed with Chair  Ogan's understanding.  He pointed                                                               
out  that an  entity is  receiving  a certain  percentage of  the                                                               
economic  rent from  the  production sharing.    That entity  was                                                               
originally Australia and Indonesia,  but will eventually be Timor                                                               
and Australia, he  thought.  The dispute is over  how the sharing                                                               
of  the rent  that's  paid from  the contractor  is  going to  be                                                               
[divided].   Currently, there hasn't  been any  direct indication                                                               
that  the  rules  of  the production  sharing  contract  will  be                                                               
changed.                                                                                                                        
                                                                                                                                
CHAIR OGAN  related his understanding of  Phillips' position that                                                               
(indisc.) intent  in the production  agreement and thus  isn't in                                                               
jeopardy of  being relinquished.   The gas  is a  side production                                                               
(indisc.).                                                                                                                      
                                                                                                                                
MR. FINDLING agreed.                                                                                                            
                                                                                                                                
Number 1396                                                                                                                     
                                                                                                                                
MR. FINDLING turned  to the Northern Territory  Petroleum Act and                                                               
the area  outside of  the gap area,  specifically in  the Sunrise                                                               
field.   The Sunrise field  straddles the  border of the  gap and                                                               
undisputed  Australian water.   Therefore,  part of  the area  is                                                               
covered by the  production sharing agreement and  part is covered                                                               
by the Northern Territory Petroleum Act.   The act is basically a                                                               
license in which  a work commitment is made and  then a series of                                                               
steps  are taken.   Under  the  act there  are three  contractual                                                               
positions.   First, there is  the permit, which is  basically the                                                               
manner in  which one  enters and  explores.   The permit  term is                                                               
usually 2-5  years and the  regulations provide for a  renewal at                                                               
least twice.   The permit time,  just for exploration, can  be up                                                               
to 15 years.   He posed a  typical situation in which  a block of                                                               
land  with a  2-5 year  lease  [with] a  5-year term  and if  one                                                               
desires  to renew,  one must  collapse and  open the  acreage for                                                               
others.   The acreage has to  be collapsed in two  steps in order                                                               
to renew.   Therefore, one  would be down  to a quarter  of their                                                               
acreage  if  renewing  for  the  10-15 year  time  period.    Mr.                                                               
Findling  pointed   out  that  such   is  very  similar   to  the                                                               
discussions  regarding   the  exploration  licensing   debate  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR. FINDLING moved on to  the contractual position of a retention                                                               
license.   The act foresees  a situation  in which one  has found                                                               
hydrocarbons, but  they're not commercially available.   He said,                                                               
"There's a way  to hold the acreage position  even though there's                                                               
no  way to  move forward  with actual  commercial development  in                                                               
hydrocarbons."    He  noted  that the  term  of  these  retention                                                               
licenses  are   five  years   and  are   indefinitely  renewable.                                                               
However, one  must obtain  approval from the  minister to  do so.                                                               
It seems  that there  must be  a good-faith  program in  place to                                                               
continue  working   in  direct   field  activities  or   in  some                                                               
commercial  activities in  order to  commercialize the  prospect.                                                               
Mr. Findling  felt that the  government recognized,  through this                                                               
regulation,  that  retention  licenses  are a  good  idea.    Mr.                                                               
Findling  pointed out  that  there is  a notice  to  apply for  a                                                               
production  license,  which involves  a  situation  in which  the                                                               
minister   is  looking   at  the   prospect  during   either  the                                                               
exploration permit or  the retention license.   In that situation                                                               
the minister can request that  a development program be presented                                                               
and the  licensee has six  months to respond.   If there  is [no]                                                               
response,  the minister  can  cancel.   However,  if this  occurs                                                               
during  the  exploration  permit  process, the  minister  has  to                                                               
consider a retention license application  before he can ask for a                                                               
production license.                                                                                                             
                                                                                                                                
MR. FINDLING continued  with the production license.   If one has                                                               
a discovery in  commercial quantities and there is  a proposal to                                                               
the minister to move forward on  a production license that can be                                                               
related to  some of  the blocks  in the permit  area, there  is a                                                               
technical work  program commitment.   "Basically, this  comes out                                                               
in a term of  25 years," he said.  He  noted that some literature                                                               
has  indicated that  the term  is 5  years with  a renewal  to 25                                                               
years.  However, he understood that  the term is 25 years and can                                                               
be indefinitely renewed as long as  there is production.  He also                                                               
noted that it grants exclusive rights to move forward.                                                                          
                                                                                                                                
Number 1661                                                                                                                     
                                                                                                                                
MR. FINDLING  addressed cancellations.  The  primary criteria for                                                               
cancellations under the Petroleum Act  seem to be that one hasn't                                                               
complied with  a permit or  licensed condition.  Again,  there is                                                               
the  opportunity to  remedy the  situation  because the  minister                                                               
notifies  the   entity  hasn't  complied.     He  indicated  that                                                               
cancellations can also be due to  noncompliance with the law or a                                                               
lawful directory by  the minister.  Therefore,  the procedure for                                                               
cancellations  is  to  serve  notice with  the  reasons  and  the                                                               
licensee has  a month to respond.   The minister has  to consider                                                               
the response and some resolution is achieved.                                                                                   
                                                                                                                                
MR. FINDLING  concluded by  noting that  there are  two licensing                                                               
methods one of  which is what he described under  the gap and the                                                               
other  is under  the Petroleum  Act.   Under  the Petroleum  Act,                                                               
there is no  requirement that gas has to be  commercialized or it                                                               
is lost.                                                                                                                        
                                                                                                                                
CHAIR OGAN asked if Phillips has any holders in Indonesia.                                                                      
                                                                                                                                
MR. FINDLING answered that he believes so, but he wasn't sure.                                                                  
                                                                                                                                
CHAIR  OGAN  mentioned  that  he  has  an  Indonesian  production                                                               
sharing  contract  paper  that  says,  "If  commercial  petroleum                                                               
discovery is not  made by the end of the  exploration period, the                                                               
contract  shall   be  automatically  terminated."     Chair  Ogan                                                               
expressed the importance for the  committee to [compare] Alaska's                                                               
competitors  in   the  international  gas  market   in  order  to                                                               
determine whether anything hurts Alaska's ability.                                                                              
                                                                                                                                
CHAIR OGAN asked  if there was anyone present from  BP that would                                                               
like to comment.                                                                                                                
                                                                                                                                
Number 1890                                                                                                                     
                                                                                                                                
PAUL  KANEL(PH), Director,  Government  Affairs, BP  Exploration,                                                               
related  his  understanding  that  today's hearing  would  be  in                                                               
regard  to HB  190.   Therefore, he  had not  asked anyone  to be                                                               
present to answer the specific questions [the chair] asked.                                                                     
                                                                                                                                
CHAIR OGAN referred to a portion  of BP's answer to [question 21]                                                               
which  he read  as  follows:   "Once  oil or  gas  is found,  the                                                               
concessions contemplate  that it will be  brought into production                                                               
within a  reasonable time.   ...  certain provisions  are imposed                                                               
that include acreage relinquishments and spending commitments."                                                                 
                                                                                                                                
Number 2024                                                                                                                     
                                                                                                                                
BARBARA DONATELLI,  Executive Vice President, Cook  Inlet Region,                                                               
Inc. (CIRI), said:                                                                                                              
                                                                                                                                
     I  am  here today  on  behalf  of  CIRI to  testify  in                                                                    
     opposition to House Bill 190  as proposed.  ... as most                                                                    
     of  you   know  CIRI  is  an   Alaska  Native  regional                                                                    
     corporation  formed  under  the  Alaska  Native  Claims                                                                    
     Settlement Act  [of] '71 (ANCSA).   We at  CIRI operate                                                                    
     as a  for profit  company with  the mission  of serving                                                                    
     the  economic,  social,  and   cultural  needs  of  our                                                                    
     shareholders.   CIRI is interested  in House  Bill 190,                                                                    
     in part,  because we are  in the oil and  gas business,                                                                    
     as  a  lessor  and   landowner,  not  only  of  current                                                                    
     producing property, but of  large tracts of prospective                                                                    
     oil and gas lands which  we [the company] would like to                                                                    
     see explored in  the future.  We're  also interested in                                                                    
     the  bill  because  we  are  in  the  oilfield  service                                                                    
     business  ... where  the  success  of such  operations,                                                                    
     including  the  employment  of  many  shareholders,  is                                                                    
     dependent on a strong oil  industry in the state, which                                                                    
     is incentivized to  explore and pursue new  oil and gas                                                                    
     properties.                                                                                                                
                                                                                                                                
     The most  important reason that  CIRI is  interested in                                                                    
     the bill, however, is not  because of its direct impact                                                                    
     on these  particular lines of business.   Rather, we're                                                                    
     concerned  because  CIRI  is an  Alaskan  company  with                                                                    
     about   two-thirds    of   our    seventy-two   hundred                                                                    
     shareholders   living,  working,   and  raising   their                                                                    
     families in the state.   And they understand, as we do,                                                                    
     that  sending  a  message to  the  outside  world  that                                                                    
     Alaska is  truly open  for business  is crucial  to the                                                                    
     economic well-being  of the state  and its people.   We                                                                    
     believe that this bill sends the opposite message.                                                                         
                                                                                                                                
     The bill,  as we understand  it, would tax  North Slope                                                                    
     natural gas reserves in place  and will not, and cannot                                                                    
     be  expected to  spur  development of  natural gas  any                                                                    
     faster than  market forces would  otherwise allow.   If                                                                    
     natural  gas   cannot  be  produced  and   sold  for  a                                                                    
     reasonable profit,  it simply will not  be produced and                                                                    
     sold.   This bill,  rather than providing  an incentive                                                                    
     to development,  appears to simply place  an additional                                                                    
     tax  burden on  the oil  industry.   Thereby increasing                                                                    
     the overall cost of development  and exploration in the                                                                    
     state.   The result,  we believe, would  be detrimental                                                                    
     to  all Alaskans  in that  [it would]  inhibit economic                                                                    
     growth and the  vitality in this crucial  sector of our                                                                    
     state economy.                                                                                                             
                                                                                                                                
     Even more  directly, we believe the  bill would provide                                                                    
     a  disincentive for  producers to  explore for  new gas                                                                    
     reserves  because   such  reserves  would   become  ...                                                                    
     immediate liabilities  on the producers' books  if they                                                                    
     were not  found in sufficient quantities  for near-term                                                                    
     development  and  sale.   While  the  bill purports  to                                                                    
     limit its effects, in this  regard, to the North Slope,                                                                    
     we believe  it sends  a message to  producers statewide                                                                    
     that they  could face  a similar fate  at the  hands of                                                                    
     the state  in an  era when  we're facing  declining oil                                                                    
     reserves.   The  effect  could be  to  lock up  further                                                                    
     exploration  just at  a  time when  we  really need  to                                                                    
     encourage new discovery and development.                                                                                   
                                                                                                                                
     The  viability of  large scale  gas  production on  the                                                                    
     North  Slope offers  significant opportunities  for the                                                                    
     state, and  it's important  that the  state government,                                                                    
     at all levels,  [does] what it can  to encourage prompt                                                                    
     and responsible development of the  resource.  We think                                                                    
     the state  should not  rush to  judgment with  a short-                                                                    
     term fix  which has  the potential  to backfire  in the                                                                    
     end.    Rather,  the  state  should  proceed  carefully                                                                    
     considering   all    options   to    encourage   prompt                                                                    
     development of  the North Slope gas  reserves, while at                                                                    
     the same  time avoiding any approach  that would burden                                                                    
     the  industry to  the  point  of [dis]couraging  future                                                                    
     investment.                                                                                                                
                                                                                                                                
     In  summary,   CIRI  supports  prompt   and  aggressive                                                                    
     development of North  Slope gas reserves and  we do not                                                                    
     think that  House Bill  190 is the  way to  ensure that                                                                    
     this is accomplished.  We  respectfully urge you not to                                                                    
     advance this bill out of committee.                                                                                        
                                                                                                                                
Number 2246                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON asked  if it would be fair  to surmise, from                                                               
CIRI's  position, that  the oil  industry  would never  warehouse                                                               
Alaska's   gas  while   commercializing  investments   elsewhere.                                                               
Representative  Dyson  clarified  that  he  was  asking  if  CIRI                                                               
believes that.                                                                                                                  
                                                                                                                                
MS. DONATELLI replied:                                                                                                          
                                                                                                                                
     No, I  do not believe that  that's been the case.   ...                                                                    
     my  understanding   is  the  development  of   the  gas                                                                    
     reserves on the North Slope  of Alaska really have been                                                                    
     mostly dependent  on ... market  forces at a  time when                                                                    
     it would be economically viable  to expend the money it                                                                    
     would  take  to  develop  a pipeline  to  ...  get  the                                                                    
     reserves to market.   And that not so much  just a fact                                                                    
     of  warehousing them,  but ...  the reserves  are there                                                                    
     and   it's  just   a  timing   matter   of  when   it's                                                                    
     economically viable to get the resource to market.                                                                         
                                                                                                                                
REPRESENTATIVE DYSON  posed a situation  in which ten  years from                                                               
now, the industry that owns the  gas on the North Slope had other                                                               
gas supplies other  places in the world.  The  other gas supplies                                                               
were  close  to being  the  same  economic value  and  commercial                                                               
potential and the  industry developed those gas  supplies and was                                                               
not interested  in supplying  gas to  the people  of Alaska.   He                                                               
asked what  CIRI would  propose to  encourage the  development of                                                               
Alaska's  gas.    He  also   asked  whether  CIRI  would  provide                                                               
disincentives for  leaving Alaska's  gas in  the ground  [so that                                                               
Alaska could access it when necessary].                                                                                         
                                                                                                                                
MS. DONATELLI related  her belief that [Alaska] is  in a position                                                               
such that  the development of a  pipeline to get the  natural gas                                                               
reserves from the North Slope into  other parts of Alaska and the                                                               
country is  approaching a  point that  looks viable.   Therefore,                                                               
the state continuing  to encourage the industry to  invest is the                                                               
best way  to ensure that the  gas will be available  to the state                                                               
and other markets in the near future.   It looks as if the timing                                                               
is here.                                                                                                                        
                                                                                                                                
Number 2443                                                                                                                     
                                                                                                                                
CHAIR OGAN remarked then that this bill is a moot point.                                                                        
                                                                                                                                
MS. DONATELLI said that she wasn't  sure the bill would be a moot                                                               
point.  She related her  understanding of the language, which she                                                               
interpreted  as  a  possible   disincentive  to  exploration  and                                                               
development.                                                                                                                    
                                                                                                                                
CHAIR  OGAN agreed  that the  bill has  a flaw  that needs  to be                                                               
fixed.     He  didn't  want  anything   to  discourage  [anyone].                                                               
However, he  understood the bill  sponsor's point to be  that the                                                               
gas has been there for 30 years and is still there.                                                                             
                                                                                                                                
Number 2518                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOHRING inquired as to  the chair's intent with HB
190.                                                                                                                            
                                                                                                                                
CHAIR OGAN announced that he intends to hold HB 190.                                                                            
                                                                                                                                
REPRESENTATIVE KOHRING  expressed concern  that merely  having HB
190 before  the committee  opens the prospects  of moving  HB 190                                                               
from committee, which he strongly opposes.                                                                                      
                                                                                                                                
CHAIR OGAN  remarked that  a bill doesn't  move out  of committee                                                               
unless  the chair  so desires.   If  a motion  is made,  then the                                                               
chair can [adjourn] the meeting.                                                                                                
                                                                                                                                
REPRESENTATIVE  KOHRING commented  that  he didn't  even see  the                                                               
point in having this meeting.                                                                                                   
                                                                                                                                
CHAIR  OGAN  turned  to AS  38.05.180(m),  which  Jack  Chenoweth                                                               
referenced  in   response  to  questions  posed   by  Chair  Ogan                                                               
regarding  the  circumstances  under   which  a  lease  could  be                                                               
terminated.  Chair  Ogan characterized AS 38.05.180(m)  as a "use                                                               
it or lose it"  clause due to the state's ability  to let a lease                                                               
that  isn't  producing expire.    He  understood Mr.  Chenoweth's                                                               
[email]  to  mean  that  if   production  of  oil  or  gas  never                                                               
initiated, then  the lease is  subject to termination.   He asked                                                               
if that would be a fair interpretation.                                                                                         
                                                                                                                                
JACK  CHENOWETH,  Assistant  Revisor, Legal  Counsel,  Legal  and                                                               
Research  Division,  Legislative  Affairs  Agency,  Alaska  State                                                               
Legislature,  agreed  with  Chair   Ogan's  interpretation.    In                                                               
response  to Chair  Ogan,  Mr. Chenoweth  said  that leases  that                                                               
haven't  had  anything  commercially  shipped or  sold  could  be                                                               
terminated.  He  was sure that there must be  procedures in place                                                               
in  the department's  own regulations.   Mr.  Chenoweth clarified                                                               
that  it  is  a question  as  to  whether  oil  or gas  is  being                                                               
produced.  In further response  to Chair Ogan, Mr. Chenoweth said                                                               
that  he wasn't  familiar with  the  specifics of  leases on  the                                                               
North Slope.                                                                                                                    
                                                                                                                                
Number 2770                                                                                                                     
                                                                                                                                
JOE   MATHIS,  Senior   Operations   Manager,  NANA   Development                                                               
Corporation,  testified in  opposition  to HB  190.   Mr.  Mathis                                                               
provided the following testimony:                                                                                               
                                                                                                                                
     NANA Development  Corporation is  a major  employer and                                                                    
     contributor to the economy in  Alaska.  We employ 1,500                                                                    
     people who work for  NANA's 35 subsidiary companies and                                                                    
     business affiliates,  30 percent of which  are involved                                                                    
     directly  with the  oil industry.   Our  businesses are                                                                    
     focused   on    generating   profits    and   providing                                                                    
     opportunities for over  10,000 shareholders represented                                                                    
     by our parent corporation, NANA Regional.                                                                                  
                                                                                                                                
     NANA is a  leader in developing resources  in our State                                                                    
     of  Alaska.    Our  corporation is  the  owner  of  the                                                                    
     resources  at  the  Red  Dog  Mine,  the  largest  zinc                                                                    
     deposit  in the  world  [and] a  partial  owner of  the                                                                    
     Endicott oilfield  which, as you know,  [also] contains                                                                    
     significant gas reserves.   Because of our  status as a                                                                    
     broad resource  developer in the  state, NANA  would be                                                                    
     negatively impacted  by this legislation, as  would the                                                                    
     producers  that are  partners with  NANA in  generating                                                                    
     economic prosperity in Alaska.   It is NANA's view that                                                                    
     House Bill 190  does the opposite of  what the sponsors                                                                    
     intend, which is  to facilitate [the] commercialization                                                                    
     of North  Slope natural gas.   In fact,  the imposition                                                                    
     of a  tax, if  the gas  were not  commercialized within                                                                    
     what seems to  be an arbitrary timeframe,  would add to                                                                    
     the risk of bringing the  gas to market.  Producers are                                                                    
     already  trying  to  get  the  resource  to  market  as                                                                    
     quickly as they  can, but certain economics  have to be                                                                    
     in  place  for commercialization.    As  you know,  the                                                                    
     producers  have joined  together  to determine  whether                                                                    
     there  is a  commercially viable  project for  bringing                                                                    
     the gas to market.                                                                                                         
                                                                                                                                
     The most  concerning aspect of  the legislation  is the                                                                    
     dangerous  signal   its  passage  would  send   to  all                                                                    
     resource development  activities.  Any time  there is a                                                                    
     tax on  resource reserves; there  is a  disincentive to                                                                    
     explore.     Exploration,  already  the   highest  risk                                                                    
     dollars, is  discouraged because Alaska has  decided it                                                                    
     is willing to tax people  on the product of exploration                                                                    
     regardless  of  their  ability  to  produce  it.    The                                                                    
     legislation would create an environment  of fear on the                                                                    
     part of  producers of all other  undeveloped resources,                                                                    
     whether it's oil or minerals.                                                                                              
                                                                                                                                
     In  the case  of Endicott,  if House  Bill 190  becomes                                                                    
     law,  NANA   and  other  producers  are   going  to  be                                                                    
     discouraged  from  exploring  for   more  oil  and  gas                                                                    
     because  of the  probability  of  also discovering  gas                                                                    
     that could  be taxed even  if it is  not commercialized                                                                    
     or  exempted  from the  legislation  as  in the  Alaska                                                                    
     Statutes 43.58.220,  that's for the  consumption, field                                                                    
     operations, or  sold for use in  production activities.                                                                    
     NANA already  pays the state  a 20 percent  royalty and                                                                    
     80 percent  of the net  profits from oil  production at                                                                    
     Endicott.   Our analysis  is that applying  these types                                                                    
     of  taxes   to  the   existing  or  new   gas  reserves                                                                    
     [discovered] may  absorb most of NANA's  profit on that                                                                    
     field.  This certainly does  not encourage us to invest                                                                    
     more money.                                                                                                                
                                                                                                                                
     NANA's position  is that it's simply  bad public policy                                                                    
     to consider  carving out  a tax  on just  one resource.                                                                    
     We  are  equally concerned  about  the  potential of  a                                                                    
     future  tax on  mineral reserves  or other  undeveloped                                                                    
     resources  that  the   legislature  decides  should  be                                                                    
     commercialized.   There is a multitude  of resources in                                                                    
     remote  areas that  could be  of great  benefit to  the                                                                    
     state if  developed but, again,  the economics  must be                                                                    
     favorable for  the producers  to bring  those resources                                                                    
     to market.  ...                                                                                                            
                                                                                                                                
     I urge the members to  abandon this legislation and let                                                                    
     the producers group  complete their feasibility studies                                                                    
     of the gas project.                                                                                                        
                                                                                                                                
TAPE 01-33, SIDE B                                                                                                              
                                                                                                                                
[The portion of Mr. Mathis' testimony in brackets was taken from                                                                
the written testimony that he read.]                                                                                            
                                                                                                                                
MR. MATHIS continued:                                                                                                           
                                                                                                                                
     [Why  establish  an antagonistic  relationship  between                                                                    
     the   state  and   producers   before   we  even   have                                                                    
     information about  the feasibility of the  project?  We                                                                    
     are in  a competitive world; the  legislature should be                                                                    
     in the]  role of providing incentives  to develop North                                                                    
     Slope  gas, instead  of disincentives  [such] as  a gas                                                                    
     reserve tax.                                                                                                               
                                                                                                                                
Number 2937                                                                                                                     
                                                                                                                                
CHRIS  JOHANSEN, Flowline  Alaska,  informed  the committee  that                                                               
Flowline  insulates  all  the  pipe  on the  North  Slope.    Mr.                                                               
Johansen  testified  in  opposition  to HB  190.    Mr.  Johansen                                                               
informed  the  committee that  over  the  past couple  of  years,                                                               
there's been  a tremendous effort  to find, develop,  and produce                                                               
oil on  the North Slope.   This  past winter, over  800 Fairbanks                                                               
residents were directly employed  in support of those activities.                                                               
Flowline Alaska  shipped over  1,600 truck loads  of pipe  to the                                                               
North Slope  this year.   Another 1,500 truck loads  of materials                                                               
were   shipped  in   support   of   drilling,  exploration,   and                                                               
construction activities.  Mr. Johansen said:                                                                                    
                                                                                                                                
     I believe  that House Bill  190 will have  a profoundly                                                                    
     negative  effect  on  future  North  Slope  activities,                                                                    
     seriously  impacting  the  jobs  of  hundreds,  if  not                                                                    
     thousands of  working men and  women across  the state.                                                                    
     It  is illogical  to believe  that  the producers  will                                                                    
     continue  to   spend  money  to  locate   and  identify                                                                    
     reserves on  which they  will be  heavily taxed.   Over                                                                    
     the  past  five years,  the  oil  industry has  made  a                                                                    
     serious commitment  to buy  from Alaskan  vendors, hire                                                                    
     Alaskan  workers, and  contract with  Alaskan companies                                                                    
     to  provide services.   And  this  year, the  producers                                                                    
     will spend an additional  $75 million to study, design,                                                                    
     permit, and model  an optimum design and  route for the                                                                    
     gas line.   This is  a substantial amount of  money and                                                                    
     clearly shows  the intention of  the producers  to move                                                                    
     this  project forward.    Much of  that  money will  be                                                                    
     spent  here  in Alaska  with  Alaskan  businesses.   In                                                                    
     spite of the  good faith efforts being made  by the gas                                                                    
     producers, House  Bill 190 was introduced  in March and                                                                    
     many of  us in the  industry believe that  this project                                                                    
     is moving  along at a  very rapid  rate.  With  that in                                                                    
     mind, I  believe that House Bill  190 is ill-conceived,                                                                    
     bad  faith, and  retaliatory effort  to intimidate  the                                                                    
     industry that  provides a  significant majority  of the                                                                    
     state budget.                                                                                                              
                                                                                                                                
     We  cannot  forget  that  the  gas  producers  have  an                                                                    
     obligation to their shareholders  to perform a detailed                                                                    
     [and] thorough analysis of  the pipeline route, project                                                                    
     timing,  and, most  importantly,  the market.   Such  a                                                                    
     detailed analysis  takes time, capital,  resources, and                                                                    
     the expertise of many people.   House Bill 190 could be                                                                    
     considered  an  attempt  to  compel  the  producers  to                                                                    
     minimize   or  sidestep   this   obligation  to   their                                                                    
     shareholders.                                                                                                              
                                                                                                                                
     I'd like to  take a moment and ask you  to consider the                                                                    
     outcome of  this bill in a  slightly different context.                                                                    
     It could  easily be  interpreted as  a means  to compel                                                                    
     the gas producers to construct  a gas line to the Lower                                                                    
     48  regardless of  the economic  feasibility.   If that                                                                    
     gas  line  is  not profitable,  Alaska's  12.5  percent                                                                    
     royalty share could  be worth nothing.   The concept of                                                                    
     taxing  in-ground reserves  is not  a new  one; it  has                                                                    
     been tried for many years  around the world, more often                                                                    
     than  not without  success.   For example,  starting in                                                                    
     the early 1900s Canada enacted  a tax on in-ground gold                                                                    
     reserves.   Interestingly  enough, there  are companies                                                                    
     that  have mined  continuously in  Canada for  over 100                                                                    
     years and  not once  did they  ever report  reserves in                                                                    
     excess of two years worth of production.                                                                                   
                                                                                                                                
MR. JOHANSEN concluded with the following excerpt from Don                                                                    
Quixote, which he said came to mind when he read HB 190.  He                                                                  
quoted the following:                                                                                                           
                                                                                                                                
     At day  break the  two travelers  find themselves  on a                                                                    
     plain  dotted  with thirty  or  forty  windmills.   Don                                                                    
     Quixote is jubilent.  "Look  yonder, friend Sancho," he                                                                    
     cries.  "Fortune  has provided me with  thirty or forty                                                                    
     giants to encounter.  When  they are dead, we may claim                                                                    
     the lawful spoils  of our conquest."   The naive squire                                                                    
     asks, "What giants?"  But  Don Quixote covered with his                                                                    
     shield,  lance couched,  has already  spurred Rosinante                                                                    
     forward.  He drives his  weapon into the revolving sail                                                                    
     of the first windmill, but  the motion breaks the lance                                                                    
     and roughly hurls  the horse and rider  a good distance                                                                    
     away.  "Did I not  tell you they were windmills," cried                                                                    
     Sancho rushing to his aid.   Don Quixote replies, "I am                                                                    
     truly  unlucky  for  the   same  cursed  sorcerers  who                                                                    
     carried away my books and study, have now deprived me                                                                      
     of victory by changing these giants into windmills."                                                                       
                                                                                                                                
Number 2709                                                                                                                     
                                                                                                                                
CHAIR  OGAN informed  everyone that  he has  spent many  hours in                                                               
committees reviewing ways  to do incentives.  He  noted the Pedro                                                               
van Meurs  report and  the Stranded  Gas Act,  which is  about to                                                               
expire.   Chair  Ogan remarked  that one  of the  motivations for                                                               
hearing HB  190 is  to see  the reaction it  would generate.   He                                                               
expressed concern that the largest  threat to the oil industry in                                                               
Alaska is  the lack of  this legislature's discipline  in regards                                                               
to the budget.   He estimated that this  session, the legislature                                                               
is going  to pass about  $100-$125 million  in new spending.   He                                                               
expressed embarrassment  in regard to where  [the legislature] is                                                               
heading.  Furthermore, the leaders  of the fiscal planning caucus                                                               
are advocating for a $250 million  income tax that may offset the                                                               
next  two years  of spending.   However,  there will  still be  a                                                               
$500-$600 million budget gap.   He asked, "Where is the outrage?"                                                               
Therefore,  he requested  that  the [oil  industry]  work on  the                                                               
biggest threat to the industry, uncontrolled state spending.                                                                    
                                                                                                                                
Number 2558                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JOULE  agreed with  Chair  Ogan  on some  points.                                                               
However, he  pointed out  that for  five years  [the legislature]                                                               
has  attempted to  cut  the  budget.   In  those  five years,  it                                                               
illustrated  that cutting  the budget  without reviewing  ways to                                                               
generate  revenues merely  exacerbates the  problem.   Therefore,                                                               
cutting  the  budget  to  cut state  spending  doesn't  get  "us"                                                               
anywhere  and  thus  there  needs  to  be  review  of  generating                                                               
revenues as well because the state is growing as is its needs.                                                                  
                                                                                                                                
CHAIR OGAN agreed.                                                                                                              
                                                                                                                                
Number 2478                                                                                                                     
                                                                                                                                
TOM WILLIAMS, Alaska Tax Counsel,  BP Exploration (Alaska), Inc.,                                                               
noted  that  the  committee packet  should  contain  his  written                                                               
testimony  that he  will summarize.   Mr.  Williams informed  the                                                               
committee that AS  43.58 used to be the state's  reserves tax and                                                               
he is one of four people who worked  on it.  He also informed the                                                               
committee  that he  was  the director  of  the Petroleum  Revenue                                                               
Division   in  the   Department   of  Revenue,   which  had   the                                                               
responsibility of implementing that  reserves tax.  Therefore, he                                                               
expressed his desire  to share his experiences  from that because                                                               
there are some technical problems with HB 190.                                                                                  
                                                                                                                                
MR. WILLIAMS pointed out that  when he helped pen the legislation                                                               
that  became the  original  reserves tax,  it  included an  early                                                               
development  incentive  credit.    He explained  that  the  early                                                               
development incentive  credit was a  way for the reserves  tax to                                                               
function  as  a  pre-payment  of  future  production  taxes  from                                                               
Prudhoe Bay.  Therefore, every  dollar paid in reserves tax would                                                               
provide a  dollar of  credit and  thus when  the field  came into                                                               
production, the dollars could be  cashed in.  The only limitation                                                               
was  that  each  month  only  half  of  the  liability  could  be                                                               
eliminated  and thus  it  took about  a  year-and-a-half for  the                                                               
credits to be used up.   Mr. Williams expressed concern that that                                                               
early  development incentive  credit  may  create the  impression                                                               
that that  reserves tax had  or could have  had an effect  on the                                                               
timing of when  the resources in Prudhoe Bay and  the North Slope                                                               
were developed.   Mr. Williams  stated that it [the  name] didn't                                                               
have a impact.   The companies were doing much to  try to get the                                                               
pipeline built  and Prudhoe Bay on  line.  Mr. Williams  said, "I                                                               
can guarantee  that there  was no development  on the  Slope that                                                               
was accelerated by an hour as a result of that credit."                                                                         
                                                                                                                                
MR.  WILLIAMS  pointed  out  that there  is  a  major  difference                                                               
between the enactment of the reserves  tax then and now.  Then it                                                               
was enacted because the state  had spent $900 million, five years                                                               
of state budget, on  the big lease sale in 1969  and it was still                                                               
going to  be two  years before the  pipeline would  be completed.                                                               
Therefore,  the  reserves  tax  allowed  the  state  to  stay  in                                                               
business  until  the revenues  and  production  from Prudhoe  Bay                                                               
could begin.   Today, the concern with the reserves  tax seems to                                                               
lie  with  the  desire  to  [achieve]  the  development  that  is                                                               
expected to accelerate the commercialization of the gas.                                                                        
                                                                                                                                
Number 2253                                                                                                                     
                                                                                                                                
MR. WILLIAMS  turned to the technical  problems with HB 190.   He                                                               
directed attention  to page  4, lines  13-16, subsection  (a), of                                                               
SSHB 190, which  says that the "tax is levied  each calendar year                                                               
on the  full and true value  of taxable property ...."   However,                                                               
subsection (b)  says, "The  annual rate  of levy  is 2  cents per                                                               
1,000 cubic feet."  Mr.  Williams pointed out, "This reflects the                                                               
fact that the  original version of the bill was  either two cents                                                               
or  whatever millage  would  produce a  billion  dollars a  year,                                                               
whichever  was  higher.    The percentage  of  value  thing,  the                                                               
millage, has disappeared in the  sponsor substitute.  So, all you                                                               
have left  is the cents per  mcf flat amount, but  by keeping the                                                               
two things together  you create ambiguity in the bill."   He also                                                               
pointed out that throughout Section  4 there is reference to full                                                               
and true  value, although  it will  have nothing  to do  with the                                                               
amount of  the tax, which is  only [based on] the  amount of mcf.                                                               
Therefore,  Mr. Williams  recommended that  section be  rewritten                                                               
and eliminate all  the language referring to value if  this is to                                                               
simply be a volume-based reserve tax.   He turned to the language                                                               
on page  4, line  16, which says  "The annual rate  of levy  is 2                                                               
cents per 1,000  cubic feet."  "But, it doesn't  say of what," he                                                               
pointed out.   Therefore, he suggested specifying  what [is being                                                               
measured].                                                                                                                      
                                                                                                                                
MR.  WILLIAMS, as  a former  tax official,  noted that  there are                                                               
already two  tax appeals processes on  the book, one of  which is                                                               
for the other property  tax the state has.  In  1996 an office of                                                               
tax  appeals was  created to  handle all  other state  tax cases.                                                               
Therefore,  he inquired  as to  why [SSHB  190] uses  the general                                                               
administrative  law  provisions  instead  of  using  one  of  the                                                               
procedures that is already in place and works well for tax.                                                                     
                                                                                                                                
Number 2088                                                                                                                     
                                                                                                                                
MR. WILLIAMS then made the following  points on behalf of BP.  He                                                               
said,  "Contrary  to the  apparent  premise  that underlies  this                                                               
bill, North Slope gas is  not stranded because any producer wants                                                               
to keep it in  the ground."  The North Slope  gas is stranded due                                                               
to its remote location and the  fact that it can't be marketed at                                                               
its location.   Furthermore,  wherever the gas  goes, it  must be                                                               
deliverable at  a price  that is  competitive with  the available                                                               
alternatives.   Mr.  Williams pointed  out that  both HB  190 and                                                               
SSHB 190 do not address  the competitiveness issue of North Slope                                                               
gas in any of  the markets.  The [bill] only  punishes BP and the                                                               
other  owners   for  the   fact  that   commercialization  hasn't                                                               
occurred.  Mr. Williams informed  the committee that the industry                                                               
has spent over a  billion dollars in an attempt to  find a way to                                                               
overcome    the    economic     obstacles    of    North    Slope                                                               
commercialization.   "This year BP,  alone, is in the  process of                                                               
spending over  $110 million trying  to develop North  Slope gas,"                                                               
he specified.   He informed the committee that  $86 million [will                                                               
be spent] on the gas-to-liquids (GTL)  plant, which will be a way                                                               
to  send the  gas down  the existing  oil pipeline  if it  works.                                                               
Furthermore, BP  is paying its third  of the $75 million  to move                                                               
forward on a  gas pipeline to the  Lower 48.  The  route is being                                                               
studied  as well  as  ways  in which  to  build  and fabricate  a                                                               
cheaper  pipeline.     Such  improvements  will   also  help  LNG                                                               
(liquefied natural gas)  because any LNG project  has an 800-mile                                                               
tail  that would  cost billions.   Therefore,  progress is  being                                                               
made in all three  areas:  LNG, GTL, and a  pipeline to the Lower                                                               
48.                                                                                                                             
                                                                                                                                
MR. WILLIAMS  pointed out that the  more cubic feet of  gas there                                                               
is, the better the economics.   Mr. Williams posed a situation in                                                               
which BP looks for gas, but  the project is delayed by litigation                                                               
and the  tax comes into place;  all the reserves that  were found                                                               
or may have been found would  be taxable.  Therefore, such a risk                                                               
could deter  the type of  exploration that would be  crucial with                                                               
regard to whether the project [proceeds or not].                                                                                
                                                                                                                                
MR.    WILLIAMS   then    highlighted    [BP's   concern]    with                                                               
destabilization.    He said,  "It's  not  good to  destabilize  a                                                               
fiscal  regime.   It's  an  asset that  Alaska  has.   It  hasn't                                                               
changed the rules of the game for  over 10 years and that's a big                                                               
plus,    especially   now    while   we're    looking   at    gas                                                               
commercialization and  the billions of dollars  of new investment                                                               
that that will require."                                                                                                        
                                                                                                                                
Number 1830                                                                                                                     
                                                                                                                                
MR. WILLIAMS pointed  out that the provisions in  Section 3 would                                                               
prevent  DNR from  further  extensions of  the  lease unless  the                                                               
lessee makes  certain concessions about commercializing  the gas.                                                               
However, this  overlooks the fact  that the leases  are contracts                                                               
between the  state, as  the landlord, and  the companies,  as the                                                               
tenants.  In that sense, it's the  same as a building lease.  The                                                               
terms  and  conditions  of  the   contract  establish  the  legal                                                               
obligations  of  each side  to  the  other.   Once  [those  legal                                                               
obligations]  are set,  they aren't  changed.   Although the  law                                                               
under which the leases are  issued can change, conditions for new                                                               
leases  will have  to  be amended  to  reflect the  legislature's                                                               
changes.     However,   [the   legislature]   can't  impair   the                                                               
obligations  and   rights  that  already  exist   under  existing                                                               
contracts.   He cited language  from the Alaska  Constitution and                                                               
the  United   States  Constitution  that  specify   that  no  law                                                               
impairing  the obligations  of contracts  shall be  passed.   Mr.                                                               
Williams related his  belief that the purpose of Section  3 is to                                                               
reach the  current leases.   Therefore,  he suggested  that there                                                               
will be a legal problem.                                                                                                        
                                                                                                                                
MR.  WILLIAMS   concluded  by  summarizing   that  the   bill  is                                                               
technically  flawed  in   terms  of  how  the   tax  would  work.                                                               
Furthermore,  it  will  punish  the  innocent  for  circumstances                                                               
beyond  their  control  and  will worsen  or  harm  the  economic                                                               
climate  and reach  farther than  only the  oil industry.   Also,                                                               
there is the aforementioned constitutional  issue.  Therefore, BP                                                               
opposes this bill and urges the committee not to advance it.                                                                    
                                                                                                                                
Number 1747                                                                                                                     
                                                                                                                                
CHAIR  OGAN related  his  belief that  it's  imperative that  the                                                               
producers and  the working group  have an  announcement regarding                                                               
the route as  well as an upcoming project.   He acknowledged that                                                               
there has been  discussion [of such] occurring in  December or at                                                               
the  latest,  60  days  into  session.    He  asked  if  such  an                                                               
expectation is realistic.                                                                                                       
                                                                                                                                
MR. WILLIAMS  remarked that such  advice is taken seriously.   He                                                               
said, "I think  it's fair to say  that we are doing  our best and                                                               
we don't  expect to  waste our shareholders'  money, but  I can't                                                               
judge the  outcome of  the process until  we've gone  through the                                                               
process."                                                                                                                       
                                                                                                                                
CHAIR OGAN  expressed his  curiosity as to  whether there  is any                                                               
timeline  for liquidated  damages  with some  of the  contractors                                                               
that BP is working with.                                                                                                        
                                                                                                                                
MR.  WILLIAMS replied,  "We're doing  the best  we can.   ...  We                                                               
intend  to  produce results.    The  only  thing  is:   We  can't                                                               
guarantee it until we know what the results are."                                                                               
                                                                                                                                
CHAIR OGAN asked if there are timelines in the contracts.                                                                       
                                                                                                                                
MR. WILLIAMS answered that he didn't know.                                                                                      
                                                                                                                                
CHAIR OGAN requested  that someone provide that answer  to him at                                                               
some point.                                                                                                                     
                                                                                                                                
Number 1552                                                                                                                     
                                                                                                                                
JOHN  MINIER,  President,  NANA Colt  Engineering,  testified  in                                                               
opposition to [SS]HB 190.  Mr. Minier testified as follows:                                                                     
                                                                                                                                
     NANA  Colt   Engineering  is  equally  owned   by  NANA                                                                    
     Development  Corporation and  Colt Engineering.   We're                                                                    
     one of  many NANA's  companies heavily involved  in the                                                                    
     oil  sector.      We provide  engineering  services  to                                                                    
     Phillips   Alaska  for   engineering  procurement   and                                                                    
     construction  management  services  for  their  Western                                                                    
     North  Slope  operations;  and  we  do  a  considerable                                                                    
     amount  of project  engineering for  BP.   I personally                                                                    
     have lived  in Alaska  for over 25  years, and  for the                                                                    
     past  20  years  have  been  heavily  involved  in  the                                                                    
     development of  North Slope  oil and  gas reserves.   I                                                                    
     strongly  oppose  House  Bill   190.    However,  I  do                                                                    
     appreciate  and  laud   the  legislature's  efforts  to                                                                    
     facilitate   the  commercialization   of  North   Slope                                                                    
     natural   gas.      But  forcing   the   producers   to                                                                    
     commercialize the gas  through a tax is not  the way to                                                                    
     accomplish what  the producers are already  trying very                                                                    
     hard  to  do  and  spending  hundreds  of  millions  of                                                                    
     dollars to do it.                                                                                                          
                                                                                                                                
     ... why would we, the  oil support industry, be in here                                                                    
     opposing  a bill  whose purpose  is  to facilitate  the                                                                    
     development of  North Slope natural gas  when we'd seem                                                                    
     to be the obvious benefactors  of this bill.  Secondly,                                                                    
     if we really  believe that the oil  companies are doing                                                                    
     all that they can to  market this gas and will continue                                                                    
     to  do  so and  when  they  prove the  economics,  will                                                                    
     market the gas, why are we  against the bill.  It would                                                                    
     be, as you mentioned earlier,  ... moot and there would                                                                    
     be  no onerous  taxes or  lease implications.   But  we                                                                    
     think the answer  to that is fairly simple.   This bill                                                                    
     is  flawed.   It  is  a  disincentive for  the  reasons                                                                    
     already  mentioned.   ... It  could potentially  reduce                                                                    
     the  activity   [of]  the  company.     Secondly,  it's                                                                    
     unnecessary ....   Third, it changes  the playing field                                                                    
     yet  again.   ...  What  it says  to  companies is  "If                                                                    
     you're looking for a stable  place to do business, look                                                                    
     elsewhere."                                                                                                                
                                                                                                                                
MR. MINIER stressed:                                                                                                            
                                                                                                                                
     The  owners have  a  long and  proven  track record  of                                                                    
     trying  to pursue  every avenue  to  market their  gas.                                                                    
     Early on  they've looked at natural  gas pipelines, ...                                                                    
     spike and super-spike options,  ... LNG facilities, ...                                                                    
     gas pipeline  ..., and projects such  as gas-to-liquids                                                                    
     conversions.   They  have literally  spent hundreds  of                                                                    
     millions   of  dollars.      Hence,   the  bill   being                                                                    
     unnecessary.       Recently,   conceptual   engineering                                                                    
     contracts were  awarded to  various contractors  by the                                                                    
     North  American Natural  Gas  Pipeline Group  (NANGPG).                                                                    
     NANA Colt ...  and our partners in  the "AlasCan Group"                                                                    
     joint venture  were awarded one  of those  contracts to                                                                    
     move  the gas  from the  North Slope  to the  Lower 48.                                                                    
     This  is yet  another example  of their  aggressiveness                                                                    
     and their strong desire to  market the North Slope gas.                                                                    
     So, in short, as business  men and women, we're here to                                                                    
     request a  better approach  to incentivizing  the North                                                                    
     Slope gas  for the producers.   As citizens,  we demand                                                                    
     it because we think our friends and our partners, the                                                                      
       North Slope producers and owners of the gas, have                                                                        
     earned it and deserved it.                                                                                                 
                                                                                                                                
CHAIR OGAN congratulated the in-state  industry for rising to the                                                               
challenge.                                                                                                                      
                                                                                                                                
REPRESENTATIVE KOHRING expressed his  concern about the dangerous                                                               
message  this bill  may send  to the  industry even  if it  isn't                                                               
forwarded from this committee.                                                                                                  
                                                                                                                                
Number 1238                                                                                                                     
                                                                                                                                
MR.  FINDLING informed  the committee  that he  has provided  the                                                               
committee written  testimony [that  is included in  the committee                                                               
packet].  He  noted that he joined the comments  in opposition to                                                               
[SSHB 190].   Mr. Findling then turned to how  the market impacts                                                               
gas  development.   As mentioned  earlier, oil  was developed  by                                                               
pushing ahead.   The  reason for  that was  because it  was known                                                               
that oil was a commodity and  was fungible; it didn't depend upon                                                               
identifying a specific  market.  However, a gas market  has to be                                                               
identified.    In  regard  to  Chair  Ogan's  desire  to  see  an                                                               
announcement that  this project  is moving forward,  Mr. Findling                                                               
expressed  the need  to consider  whether  such is  prudent.   He                                                               
explained  that if  one  is  under an  "artificial  gun" that  an                                                               
entity has  to develop a project,  then the entity is  in a "down                                                               
position" in comparison  to the buyer of the gas.   Alaska should                                                               
want to  be in the  strongest position,  he thought, in  order to                                                               
have the highest well-head and  revenues.  Mr. Findling said that                                                               
he didn't believe Alaska should  place itself under an artificial                                                               
mandate that  would be known  to the  market and thus  place [the                                                               
state]  at a  disadvantage.   Mr.  Findling  noted opposition  to                                                               
[SSHB 190].                                                                                                                     
                                                                                                                                
CHAIR OGAN pointed  out that the natural  gas pipeline discussion                                                               
has been  going on  since 1975, and  therefore many  Alaskans are                                                               
frustrated  as gas  in  other  markets is  being  developed.   He                                                               
indicated  his frustration  upon hearing  of the  [development of                                                               
gas] in Timor.  He related his  belief that the only way gas will                                                               
go to the [Lower  48] is if it piggybacks on  a Lower 48 project.                                                               
He reiterated, "I sincerely hope  that there's an announcement in                                                               
time for  this legislature to  act appropriately because  I think                                                               
its in all of our best interests to do that."                                                                                   
                                                                                                                                
MR. FINDLING acknowledged what the  legislature has done in terms                                                               
of partnership over  the years.  Mr. Findling  recalled a meeting                                                               
with [Phillips Alaska's]  Chairman of the Board,  Jim Mulva (ph),                                                               
who, in  comments relating to  Alaska, expressed the need  to get                                                               
[Alaska's] gas project moving fast.   Mr. Findling said, "I never                                                               
get any impression  that our company is, in  any way, warehousing                                                               
gas or  ... delaying gas  development."   In regard to  the Timor                                                               
project, Mr. Findling  didn't believe that the  Timor project and                                                               
the Alaska  project are  mutually exclusive.   "I think  Timor is                                                               
going to  a big  market in the  North American  continent; that's                                                               
exactly the purpose of the Lower  48 gas pipeline project, ... to                                                               
deliver  to that  same  market.   I  want  to  see both  projects                                                               
happen.  I want to see Alaskan gas commercialized," he stressed.                                                                
                                                                                                                                
CHAIR  OGAN noted  that he  recognized  how important  it is  for                                                               
Phillips to look at gas.                                                                                                        
                                                                                                                                
Number 0826                                                                                                                     
                                                                                                                                
BILL STAMPS, Manager, Business  Development and External Affairs,                                                               
Peak   Oilfield  Service   Company;  President,   Alaska  Support                                                               
Industry  Alliance,  provided  the  committee  with  his  written                                                               
testimony [that was included in  the committee packet].  He noted                                                               
that  he is  speaking on  behalf of  both of  the above-mentioned                                                               
groups.  Mr. Stamps testified as follows:                                                                                       
                                                                                                                                
     Peak  is  an   Alaskan-based  general  contractor  with                                                                    
     offices  in   Anchorage,  Prudhoe  Bay,   Nikiski,  and                                                                    
     Valdez.      We  provide   construction,   fabrication,                                                                    
     facility and  equipment maintenance, heavy  hauling and                                                                    
     equipment  support  for  the  oil,  gas,  and  chemical                                                                    
     industry.    We  currently employ  approximately  1,100                                                                    
     people.   All of our  business is dependent on  the oil                                                                    
     and gas industry.                                                                                                          
                                                                                                                                
     The Alliance membership  includes nearly 400 businesses                                                                    
     that  contract  directly  with  producer  companies  to                                                                    
     provide  products and  services in  support of  oil and                                                                    
     gas  activity.   Collectively, we  employ about  30,000                                                                    
     people in  Alaska and  25,000 are  permanent residents.                                                                    
     The   Alliance  mission   is  to   advocate  safe   and                                                                    
     environmentally   sound   oil  and   gas   exploration,                                                                    
     [development]  and production  for the  benefit of  all                                                                    
     Alaskans.   The  Alaska  Support  Industry Alliance  is                                                                    
     extremely   disappointed    and   alarmed    over   the                                                                    
     introduction of  House Bill 190  ....  We  believe this                                                                    
     bill  is   the  most  onerous  of   the  session,  with                                                                    
     provisions and messages that  put our industry's health                                                                    
     and future in jeopardy.                                                                                                    
                                                                                                                                
     Sponsors  reference   the  HB  190  assessment   as  an                                                                    
     incentive.  This  takes a myopic view of  a very global                                                                    
     and very competitive oil and  gas industry.  Alaska may                                                                    
     be rich  in natural  gas, but so  are many,  many other                                                                    
     areas of the world:   areas with infrastructure already                                                                    
     in  place; areas  with less  harsh environments;  areas                                                                    
     that  cost less  to do  business [in];  and areas  that                                                                    
     welcome  oil and  gas developers  with tax  relief, not                                                                    
     additional tax burdens.                                                                                                    
                                                                                                                                
     Alaska   gets   approximately   80   percent   of   its                                                                    
     unrestricted revenue  from the oil and  gas industry so                                                                    
     we clearly  are a  state dependent on  natural resource                                                                    
     development.    Yet  with  a bill  such  as  this,  the                                                                    
     legislature is  conveying a  message to  developers and                                                                    
     potential developers  around the world that  Alaska has                                                                    
     no  stable  tax base.    When  developers are  deciding                                                                    
     where  to invest  their money  in resource  development                                                                    
     they  will see  ... the  tax structure  in Alaska  as a                                                                    
     moving target.   A gas reserves tax  only increases the                                                                    
     risks and reduces  the benefits for gas  owners.  Let's                                                                    
     call HB 190  what it is.   HB 190 is all  about the "T-                                                                    
     word" -  in fact, "tax" is  noted in the bill  about 40                                                                    
     times.  This bill is  a disincentive.  It's also unfair                                                                    
     and irresponsible.                                                                                                         
                                                                                                                                
     Is it  even legal?   Original North  Slope oil  and gas                                                                    
     leases were  not sold with the  promise, assumption, or                                                                    
     expectation  that new  taxes  on undeveloped  resources                                                                    
     would be  levied as  part of the  lease agreement.   If                                                                    
     that was the case, we  can safely assume that far fewer                                                                    
     leases  would  have been  sold.    How can  we  justify                                                                    
     placing  additional  fiscal  provisions on  an  already                                                                    
     agreed-upon   contract  between   the  state   and  the                                                                    
     leaseholders?   At  best, this  brands  Alaska with  an                                                                    
     image  of   instability.     We  cannot   afford  that,                                                                    
     especially as  the potential [for]  commercializing gas                                                                    
     comes closer within our grasp.                                                                                             
                                                                                                                                
     Natural  gas development  will  have  a huge,  positive                                                                    
     impact on  the State of  Alaska, all of  its residents,                                                                    
     and closer  to home, to  Peak as  a company and  to our                                                                    
     employees  and  their families,  as  it  will to  other                                                                    
     members  of  the  Alliance [and]  their  employees  and                                                                    
     families.  However, this development  must be done when                                                                    
     the   companies  who   will   be   investing  in   that                                                                    
     development  believe the  time  is right  and not  when                                                                    
     members of the Alaska  Legislature believe it is right.                                                                    
     A bill  such as this  sends a very negative  message to                                                                    
     potential  investors  in Alaska  resource  development.                                                                    
     It also sends a very  negative message to the voters in                                                                    
     Alaska  who depend  on  having a  healthy  oil and  gas                                                                    
     industry   to  continue   to   help   provide  a   good                                                                    
     environment in which to live and prosper.                                                                                  
                                                                                                                                
     While potential gains with  natural gas development are                                                                    
     profound,  Alaskans also  have  a lot  to  lose if  our                                                                    
     lawmakers  handle matters  poorly, creating  a business                                                                    
     environment that  is risky, not responsive.   If Alaska                                                                    
     is to  bank on our  natural gas, we had  better project                                                                    
     an  image of  stability.   As business  people we  urge                                                                    
     government  to  leave  the  economics  of  business  to                                                                    
     business  people.    We  urge you  to  carry  out  your                                                                    
     constitutional  duty to  "encourage the  development of                                                                    
     state resources  by making  them available  for maximum                                                                    
     use consistent with the public interest."                                                                                  
                                                                                                                                
CHAIR OGAN reiterated that the biggest threat to the industry is                                                                
the budget.                                                                                                                     
                                                                                                                                
Number 0412                                                                                                                     
                                                                                                                                
JIM  PLAQUET  testified  via teleconference.    He  informed  the                                                               
committee that  he is a  former business agent for  the Operating                                                               
Engineers Local 302, and is  currently a heavy equipment operator                                                               
member of  Local 302.   He  noted that he  worked in  Prudhoe Bay                                                               
this past winter.  Mr. Plaquet testified as follows:                                                                            
                                                                                                                                
     This  winter  organized  labor  had  many  Prudhoe  Bay                                                                    
     projects  with  BP  Exploration  and  Phillips  Alaska.                                                                    
     Prudhoe  Bay projects  this past  winter employed  over                                                                    
     500 plus  Fairbanks workers  that helped  support their                                                                    
     families   financially.       Besides    creating   job                                                                    
     opportunities,   supporting   local   businesses,   and                                                                    
     bringing  business to  Fairbanks companies,  it further                                                                    
     strengthened our community.                                                                                                
                                                                                                                                
     It  took Alaskans  working with  the industry  to build                                                                    
     the  Trans-Alaskan Pipeline  (TAPS)  and bring  Prudhoe                                                                    
     Bay oil to  market.  Many Alaskans worked  very hard to                                                                    
     make  the pipeline  a  reality.   Future  opportunities                                                                    
     such as gas commercialization  can only happen if there                                                                    
     is  a  commitment from  Alaskans  and  the industry  to                                                                    
     achieve  our  goals  by  working   together.    We,  as                                                                    
     Alaskans,   should  be   looking  for   ways  to   make                                                                    
     development  of our  gas more  economical, rather  than                                                                    
     seeking  ways to  thwart  future  development.   Alaska                                                                    
     should be  open and ready  for business and  willing to                                                                    
     provide a  regulatory and tax  climate in which  we can                                                                    
     compete in the global market.                                                                                              
                                                                                                                                
     I'm optimistic  that as long  as we make  production of                                                                    
     oil  and  gas  in Alaska  economically  attractive  the                                                                    
     industry,  like   any  for  profit   corporation,  will                                                                    
     aggressively pursue  development of  new oil  fields in                                                                    
     Alaska  as well  as  commercialization  of North  Slope                                                                    
     gas.  Economically, Alaska and  its residents need this                                                                    
     continued investment  from the  oil industry.   Working                                                                    
     together  we  have  seen   projects  recently  such  as                                                                    
     Alpine, Tarn, Badami, Northstar,  and, the most recent,                                                                    
     the  Meltwater  oilfield  development.    Thousands  of                                                                    
     Alaskans  have  worked  on these  projects  to  support                                                                    
     their families.  The industry  has invested billions of                                                                    
     dollars  in  Alaska.   Working  as  a partnership  with                                                                    
     Alaskans, I think they'll invest  billions more.  House                                                                    
     Bill 190's proposed tax will  not help in achieving our                                                                    
     common  goal   of  commercializing  North   Slope  gas.                                                                    
     Working together  as a partnership we  will achieve our                                                                    
     common  goal  and  Alaskans will  continue  to  have  a                                                                    
     bright future.                                                                                                             
                                                                                                                                
REPRESENTATIVE  DYSON inquired  as to  who contacted  Mr. Plaquet                                                               
about testifying before the committee.                                                                                          
                                                                                                                                
MR. PLAQUET  replied, "No one.   I came on  my own."   In further                                                               
response to Representative Dyson, he  said that no one helped him                                                               
prepare his testimony.                                                                                                          
                                                                                                                                
Number 0045                                                                                                                     
                                                                                                                                
HAROLD  HEINZE testified  via teleconference.    He informed  the                                                               
committee that he  has held responsible positions  within the oil                                                               
industry in Alaska as well as  the state government.  However, he                                                               
noted that he was appearing as  a citizen today who has basically                                                               
attended every  House Special Committee  on Oil and Gas  that has                                                               
occurred this  session via teleconference.   Although  Mr. Heinze                                                               
shared the  frustration of  many Alaskans  regarding the  wait to                                                               
get gas to market, ...                                                                                                          
                                                                                                                                
TAPE 01-34, SIDE A                                                                                                              
                                                                                                                                
MR. HEINZE  remarked that  the committee  seems to  be struggling                                                               
with the  choice between "carrot  and stick."  He  identified [HB
190] as  "the stick."   Furthermore, he didn't believe  the stage                                                               
had been set to use the "stick"  now.  Mr. Heinze voiced the need                                                               
for  the  committee   to  do  a  better  job   in  providing  the                                                               
information that  it gathers.   For example, at the  beginning of                                                               
the hearing  there was reference  to a series of  questions posed                                                               
to the  oil companies and  their responses, which is  not readily                                                               
and easily  available to  the public  in Anchorage  or elsewhere.                                                               
If  the desire  is to  have Alaskans  support something  like [HB
190], then they need the  information.  Mr. Heinze also expressed                                                               
the need  for the committee  to review what things  are important                                                               
and under their control and  would allow gas commercialization to                                                               
move  forward.     In   particular,  the   Alaska  Oil   and  Gas                                                               
Conservation Commission (AOGCC) has  exclusive authority over the                                                               
field rules of Prudhoe Bay,  which currently prohibit the sale of                                                               
gas from  Prudhoe Bay.   He noted  that the [commission]  has the                                                               
right to  review those rules  and hold hearings.   However, since                                                               
there has  been no such  action, it  would seem to  excuse anyone                                                               
from not marketing  the gas at this point.   Furthermore, [AOGCC]                                                               
seems to  have been somewhat lax  in their timing.   He noted his                                                               
surprise that  when [AOGCC] appeared before  the committee, there                                                               
was no  further investigation  of the  timeline under  which [the                                                               
commission] was conducting its business.                                                                                        
                                                                                                                                
MR.  HEINZE  related  his  belief   that  [the  legislature]  has                                                               
neglected [the fact]  that the governor signing  the charter with                                                               
BP and Phillips  provided a standing offer to sell  gas by BP and                                                               
Phillips.  "If that isn't a  market test, to offer up 1.2 billion                                                               
cubic feet of gas, I don't know  what is," he said.  He expressed                                                               
his desire  to have someone  questioned in  regard to why  no one                                                               
has come  forward for the  2.4 billion [cubic  feet of gas]  in a                                                               
fixed deal.   Mr. Heinze  said, "If there  is an easy  market for                                                               
this gas, I don't understand  why someone hasn't come forward and                                                               
more importantly,  I don't understand  why this  committee hasn't                                                               
explored  that."   Mr. Heinze  concluded by  saying that  at this                                                               
time, it is premature [to consider HB 190].                                                                                     
                                                                                                                                
CHAIR OGAN  announced that he  would ensure that  the legislative                                                               
information offices [LIOs] would  have the aforementioned written                                                               
responses.   He also announced that  he didn't intend to  move HB
190 today.                                                                                                                      
                                                                                                                                
Number 0474                                                                                                                     
                                                                                                                                
JUDY BRADY,  Executive Director,  Alaska Oil and  Gas Association                                                               
(AOGA), informed  the committee  that AOGA  is an  industry trade                                                               
association  whose  16  members  represent the  majority  of  the                                                               
petroleum industry  in Alaska.   The  16 members  of AOGA  are as                                                               
follows:   Alyeska Pipeline  Service Company;  Anadarko Petroleum                                                               
Corporation;  BP  Exploration  (Alaska),  Inc.;  Chevron  U.S.A.,                                                               
Inc.;  Cook  Inlet  Region,  Inc.;  Cross  Timbers  Oil  Company;                                                               
ExxonMobil Production  Company; Forest Oil Company;  Marathon Oil                                                               
Company; Petro  Star, Inc.; Phillips Alaska,  Inc.; Shell Western                                                               
E&P, Inc.;  Tesoro Alaska Company; TotalFinaElf  E&P USA; UNOCAL;                                                               
and  William  Alaska Petroleum,  Inc.    Ms. Brady  provided  the                                                               
following testimony:                                                                                                            
                                                                                                                                
     I  am  here  today  to  present  AOGA's  opposition  to                                                                    
     Sponsor  Substitute for  House Bill  190.   We strongly                                                                    
     oppose this bill as both  poor economic policy and poor                                                                    
     public policy.   We consider  this legislation to  be a                                                                    
     direct disincentive  to the commercialization  of North                                                                    
     Slope  natural gas.   And  one of  our big  concerns is                                                                    
     that this bill,  even the fact that  it was introduced,                                                                    
     will also be the view  of market analysts who track and                                                                    
     report  local actions  affecting gas  commercialization                                                                    
     on  a  worldwide  basis for  the  specific  purpose  of                                                                    
     informing potential lenders about project viability.                                                                       
                                                                                                                                
Number 0608                                                                                                                     
                                                                                                                                
MS. BRADY continued:                                                                                                            
                                                                                                                                
     HB  190  represents  a  radical  departure  from  sound                                                                    
     economic policy  by substituting  "pain" for  "gain" as                                                                    
     the reason to invest  in the commercialization of North                                                                    
     Slope natural  gas.  The bill  apparently presumes that                                                                    
     if shareholders and  management are threatened, they'll                                                                    
     be  more likely  to invest,  and invest  sooner in  the                                                                    
     commercialization of this gas.   [The bill] seems to be                                                                    
     based  on  the premise  that  an  ANS gas  project  has                                                                    
     already  been found  [to  be]  commercially viable  and                                                                    
     that free  market incentives have failed  when it comes                                                                    
     to  decisions to  invest  in  the commercialization  of                                                                    
     North Slope natural  gas.  This bill  represents an odd                                                                    
     and   disruptive    counterpoint   to    the   building                                                                    
     public/private momentum  now underway as the  result of                                                                    
     industry   commitment   to   and  investment   in   the                                                                    
     commercialization of the North Slope  gas reserves.  Of                                                                    
     greater concern from  a competitive market perspective,                                                                    
     by  signaling a  significant  move  away from  Alaska's                                                                    
     stable public tax policy, HB  190 actually threatens to                                                                    
     slow the momentum for  commercialization of North Slope                                                                    
     gas.                                                                                                                       
                                                                                                                                
     ...   Since  the '60s,  the  oil and  gas industry  and                                                                    
     others  have  spent  about  $1  billion  on  trying  to                                                                    
     commercialize this gas.  You've  heard from the various                                                                    
     producers today, what kinds  of money they're investing                                                                    
     to try  to make  this gas commercial.   You  know their                                                                    
     boards   are   interested,   their   stockholders   are                                                                    
     interested, their management is  interested.  The whole                                                                    
     world, right now, is looking  to see which gas projects                                                                    
     are actually going to make  it because that's where the                                                                    
     lending  institutions are  going  to  put their  money.                                                                    
     ... Some people have said  that this is an incentive to                                                                    
     speed  up  the development.    It's  not, it  does  add                                                                    
     additional expense  and it does  give this  odd message                                                                    
     to  the people  who are  looking to  see where  they're                                                                    
     going to put their money.                                                                                                  
                                                                                                                                
     As proposed  tax legislation, [HB  190] sends  a signal                                                                    
     to the market that the  State of Alaska's public policy                                                                    
     of stable taxation is eroding.   Just as the market has                                                                    
     considered  a  stable  tax policy  to  be  critical  to                                                                    
     attract  investment  to  the  ...  new  commercial  oil                                                                    
     projects  in the  past ten  years, so  will the  market                                                                    
     consider continued stable tax  policy to be critical to                                                                    
     attract   the  additional   billions   of  dollars   in                                                                    
     financing  necessary for  new commercial  gas projects.                                                                    
     You've  heard  about  the  concern  of  the  other  ...                                                                    
     resource groups  with long lead  times, we  share those                                                                    
     concerns.                                                                                                                  
                                                                                                                                
     Since,  in the  final  analysis,  the deciding  factors                                                                    
     will be  commercial and market  vitality which  is most                                                                    
     improved  by   reducing  costs  and  risks,   both  the                                                                    
     industry  and the  state must  focus  their efforts  on                                                                    
     those factors that make Alaska's  fiscal regime for gas                                                                    
     more competitive against those elsewhere in the world.                                                                     
                                                                                                                                
Number 0834                                                                                                                     
                                                                                                                                
MS. BRADY concluded:                                                                                                            
                                                                                                                                
     This present  legislature and the legislatures  for the                                                                    
     past ...  12 years  have strongly conveyed  the message                                                                    
     that Alaska is  "open for business."   Let's not change                                                                    
     that message now when we are  in the middle of our best                                                                    
     opportunity   in  almost   two  decades,   in  a   very                                                                    
     competitive market,  to commercialize this gas.   Let's                                                                    
     work together to do what's  necessary to make it happen                                                                    
     and hope ... that this is finally it.                                                                                      
                                                                                                                                
CHAIR OGAN turned to Ms. Brady's  comment that [HB 190] signals a                                                               
shift [away] from  a stable public tax policy.   He asked if AOGA                                                               
is concerned with the legislature's  change in course from budget                                                               
cutting to now adding dollars.   He reiterated that such seems to                                                               
be more of a threat.                                                                                                            
                                                                                                                                
MS. BRADY answered, "I think  every organization in the state has                                                               
been  concerned with  making sure  Alaska has  a fiscal  policy."                                                               
She noted that she ran the  fiscal summit for Governor Hickel for                                                               
the last seven  or eight years and she was  co-chair of the Long-                                                               
Range Fiscal  Planning Commission  five years  ago.   She pointed                                                               
out that  the tools are  there, the question  is how to  put them                                                               
together.   Over  the last  five years,  the legislature  did its                                                               
part by  cutting.  Now,  she sees everyone reevaluating  and thus                                                               
she hoped another plan would result.                                                                                            
                                                                                                                                
CHAIR OGAN expressed his hope  that the [oil] industry would come                                                               
together en masse on that issue as it has on this issue.                                                                        
                                                                                                                                
Number 1040                                                                                                                     
                                                                                                                                
LARRY HOULE,  General Manager, Alaska Support  Industry Alliance,                                                               
informed the committee that the  Alaska Support Industry Alliance                                                               
is made  up of 400  contractors, suppliers, and  individuals that                                                               
provide products and  services to the oil and gas  industry.  The                                                               
Alliance's membership represents over  25,000 people that work in                                                               
Alaska and  live in Alaska year  around.  Mr. Houle  provided the                                                               
following testimony:                                                                                                            
                                                                                                                                
     None of the oil producing  companies are members of the                                                                    
     Alliance.  Instead,  we are the 25,000  working men and                                                                    
     women that  weld pipe, clean the  rooms, [drill wells],                                                                    
     drive the  machinery, day  in and  day out  in Alaska's                                                                    
     oil patch.                                                                                                                 
                                                                                                                                
     I am  here today  to confirm the  Alliance's opposition                                                                    
     to  Sponsor Substitute  [for] House  Bill  190, a  bill                                                                    
     that proposes  to tax Alaska's  proven gas  reserves on                                                                    
     state  leases  that  have  already  been  purchased  by                                                                    
     private companies.  [House Bill]  190 represents a huge                                                                    
     disincentive;  in fact,  [it is]  a deterrent  to those                                                                    
     producer   companies  [that   are   today  working   to                                                                    
     commercialize North Slope natural gas].                                                                                    
                                                                                                                                
MR. HOULE summarized:                                                                                                           
                                                                                                                                
     In the  Mat-Su Valley alone,  the oil and  gas industry                                                                    
     directly employs 353  people [representing] $36 million                                                                    
     in payroll.   Indirectly, the  oil and gas  industry in                                                                    
     the Mat-Su  Valley represents almost 16  percent of the                                                                    
     total  [regional] payroll.   In  [the] Fairbanks  North                                                                    
     Star  Borough,  the  [industry  directly]  employs  565                                                                    
     people,  [pays  out]  $40 million  in  annual  payroll.                                                                    
     Also, almost  16 percent of the  nonmilitary payroll in                                                                    
     the Fairbanks industry.                                                                                                    
                                                                                                                                
     We believe that this  legislature should be considering                                                                    
     true incentives and  this bill is not  a true incentive                                                                    
     ...  toward development  of North  Slope gas.   Natural                                                                    
     resource  legislation is  good  public  policy when  it                                                                    
     reduces costs and minimizes  risks while protecting our                                                                    
     environment.                                                                                                               
                                                                                                                                
     In quick summary,  the short title [of  SSHB 190] makes                                                                    
     reference to a Natural Gas  Pipeline Incentive Act.  We                                                                    
     do not  read incentive into  this substitute bill.   In                                                                    
     fact, the word  ... "tax" appears over 40  times in the                                                                    
     10-page  document.   We see  the bill  as punitive  and                                                                    
     destabilizing,   with  the   potential  to   erode  any                                                                    
     competitive  advantage [in  the world  markets that  we                                                                    
     have gained  in the  last decade in  Alaska].   We have                                                                    
     had a  very certain  and ... stable  tax basis  in this                                                                    
     state  and   we  would  like  to   see  that  continue.                                                                    
     Basically, our men and women  in the oil patch are what                                                                    
     I  call  "meat  and potatoes"  constituents  and  those                                                                    
     constituents all  live in your  districts.  And  we ask                                                                    
     you to  provide incentives  for those people  to remain                                                                    
     working and House Bill 190 does not do that.                                                                               
                                                                                                                                
CHAIR OGAN announced that the committee would recess and return                                                                 
at 5:00 p.m. to continue hearing testimony.  The committee                                                                      
recessed at 10:00 a.m.                                                                                                          
                                                                                                                                
[There is no further recording on Tape 01-34, Side A or B.                                                                      
Recording resumes on Tape 01-35, Side A, when the meeting                                                                       
reconvenes.]                                                                                                                    
                                                                                                                                
TAPE 01-35, SIDE A                                                                                                              
                                                                                                                                
CHAIR OGAN reconvened the House  Special Committee on Oil and Gas                                                               
at   5:09   p.m.      Those   present   upon   reconvening   were                                                               
Representatives Ogan,  Dyson, and Fate.   Representatives Kohring                                                               
and Chenault joined the meeting as it was in progress.                                                                          
                                                                                                                                
Number 0110                                                                                                                     
                                                                                                                                
MARY SHIELDS, General Manager, Northwest Technical Services,                                                                    
testified via teleconference.  Ms. Shields provided the                                                                         
following testimony:                                                                                                            
                                                                                                                                
     Northwest Technical Services  provides long- and short-                                                                    
     term contract  and temporary employees in  the State of                                                                    
     Alaska both  within and outside  the oil industry.   In                                                                    
     fact,  last   night  we   held  our   20th  Anniversary                                                                    
     celebration.   And  we have  been actively  involved in                                                                    
     many work-  and civic-related activities in  Alaska for                                                                    
     all of these years.                                                                                                        
                                                                                                                                
     Upon  reading this  proposed  piece  of legislation,  I                                                                    
     became very  concerned that the  tax stability  we have                                                                    
     fought so hard to achieve  in Alaska could be seriously                                                                    
     eroded.   How  can  we expect  companies  to invest  in                                                                    
     projects when  the risk, a gas  reserves tax, outweighs                                                                    
     the probable benefit?   I believe that this  is a lose-                                                                    
     lose  situation.   It is  certainly a  disincentive for                                                                    
     any firm to  move forward with new  exploration until a                                                                    
     guaranteed method of transporting  the gas to market is                                                                    
     operational, and  it is  not the  way to  keep Alaskans                                                                    
     working.                                                                                                                   
                                                                                                                                
     The companies  involved in exploration  and development                                                                    
     in Alaska have not  shied away from high-risk projects.                                                                    
     If they  had, the North  Slope fields would  have never                                                                    
     been developed;  exploration would have  stopped before                                                                    
     the  discovery   of  Prudhoe  Bay.     Over  the  years                                                                    
     companies have spent millions of  dollars in the search                                                                    
     to find  a way to  commercialize our gas  resources and                                                                    
     are now in the process  of spending $75 million or more                                                                    
     to  determine whether  there is  a commercially  viable                                                                    
     project which  will bring  the North  Slope gas  to the                                                                    
     marketplace.                                                                                                               
                                                                                                                                
     Many  of the  arguments  I could  present have  already                                                                    
     been laid  before you this  morning.  Obviously,  as an                                                                    
     Alaskan business  person, I want  the gas  line project                                                                    
     to go forward as quickly  as possible.  Equally obvious                                                                    
     is  the   simple  fact  that  no   for-profit  company,                                                                    
     particularly  those  answering to  shareholders,  would                                                                    
     slow  down a  process that  would generate  revenue for                                                                    
     the company.   With  that in  mind and  considering the                                                                    
     destabilizing  effect this  bill could  have, I  humbly                                                                    
     submit that  this bill is  fatally flawed and  urge you                                                                    
     to defeat it in committee.                                                                                                 
                                                                                                                                
Number 0386                                                                                                                     
                                                                                                                                
SALLY ANN  CAREY, Secretary, [Alaska] Support  Industry Alliance,                                                               
testified  via  teleconference.   Ms.  Carey  read the  following                                                               
testimony:                                                                                                                      
                                                                                                                                
     I  appear  before  you  today   to  offer  my  negative                                                                    
     thoughts on  further consideration of  HB 190.   If the                                                                    
     State  of  Alaska  is  open  for  business,  this  bill                                                                    
     doesn't  reinforce   that  message  to   the  long-term                                                                    
     developers  of our  oil and  gas fields.   Nor  does it                                                                    
     foster their  intent or desire  to expand  the enormous                                                                    
     amount of  funds they currently  are spending  and have                                                                    
     spent providing jobs for  workers, buying Alaskan goods                                                                    
     from vendors,  and of services.   ... also it  does not                                                                    
     send a  message to other developers  or businesses, who                                                                    
     we  would  like to  have  coming  to Alaska  to  pursue                                                                    
     operations  and  businesses.   If  this  [bill]  is  to                                                                    
     persist, let's not confine  this Quixotic, punitive tax                                                                    
     to  only the  major oil  industry (indisc.),  but let's                                                                    
     talk about ... maybe harvested  timber, ... the fish we                                                                    
     haven't caught  yet, ... the tourists  that might come,                                                                    
     ....  This  tax is not an incentive, this  tax is quite                                                                    
     the opposite.                                                                                                              
                                                                                                                                
CHAIR OGAN  remarked that  a recurring  theme [of  the testimony]                                                               
seems to  be that  [SSHB 190]  sends a  negative message.   Chair                                                               
Ogan reiterated his  concerns regarding the budget  and asked Ms.                                                               
Carey if she viewed that as an equal, if not greater problem.                                                                   
                                                                                                                                
MS. CAREY  reminded everyone that  the Alliance's goal is  to cut                                                               
the budget.                                                                                                                     
                                                                                                                                
Number 0629                                                                                                                     
                                                                                                                                
JACK  LAASCH, Member,  Executive Board,  Alaska Support  Industry                                                               
Alliance,  had  his  testimony  read   into  the  record  by  Bob                                                               
Carmichael.  Mr. Laasch's testimony is as follows:                                                                              
                                                                                                                                
     The Alliance represents those  companies in Alaska that                                                                    
     depend on  a healthy  oil and  gas industry  to provide                                                                    
     employment  for  Alaskans and  the  sale  of goods  and                                                                    
     services within  Alaska.  I  am writing this  letter to                                                                    
     express my views on HB  190, which proposes to enact an                                                                    
     ad valorem  tax on  natural gas  reserves on  the North                                                                    
     Slope.   I am  opposed to HB  190 because  it increases                                                                    
     the  risks  that  producer companies  already  face  in                                                                    
     developing  Alaska's gas  resources.   It is  important                                                                    
     that companies  that are  instrumental in  building the                                                                    
     foundation   of  Alaska's   economy   be  given   every                                                                    
     opportunity to succeed.                                                                                                    
                                                                                                                                
     Alaska's oil  and gas  support contractors  and vendors                                                                    
     depend on a healthy  industry to provide employment and                                                                    
     opportunities to generate  revenues.  These contractors                                                                    
     and  vendors  also  have a  significant  investment  in                                                                    
     Alaska.   In the  past, the  major producers  have been                                                                    
     willing  to  invest  in  Alaska's  high-risk  projects.                                                                    
     Successful  development has  resulted in  many benefits                                                                    
     to the  communities of Alaska through  contributions to                                                                    
     charitable  organizations   and  community  enhancement                                                                    
     projects.   In  addition, Alaskan  companies have  been                                                                    
     contracted  to  provide   manpower  and  equipment  for                                                                    
     services such  as construction,  maintenance, drilling,                                                                    
     fabrication, module  assembly, and many others.   Since                                                                    
     the  initial   discovery  of  North  Slope   gas,  many                                                                    
     hundreds  of millions  of dollars  have  been spent  to                                                                    
     commercialize this  gas.  Recently, the  producers have                                                                    
     committed  to  spend an  additional  $75  million on  a                                                                    
     study  to determine  how to  bring North  Slope gas  to                                                                    
     market.   Many  Alaskan companies  will participate  in                                                                    
     this study and the  subsequent contracts leading to the                                                                    
     construction of a gas pipeline project.                                                                                    
                                                                                                                                
     I  feel  that the  State  of  Alaska needs  to  present                                                                    
     itself as a good partner  with the industry in striving                                                                    
     for a  win-win situation on  both sides.  In  doing so,                                                                    
     the state  needs to create incentives  for producers to                                                                    
     pursue  commercialization  of  gas,  and  hence  create                                                                    
     opportunities for Alaska's  residents and the companies                                                                    
     doing business  in Alaska.   The  gas reserve  tax does                                                                    
     not create this incentive.                                                                                                 
                                                                                                                                
BOB CARMICHAEL, on his own behalf, testified via teleconference.                                                                
Mr. Carmichael noted that he has worked in Alaska's oil                                                                         
industry.  He said that [SSHB 190] is not the best solution for                                                                 
the problem and thus he recommended that it not pass.                                                                           
                                                                                                                                
Number 0868                                                                                                                     
                                                                                                                                
BOB   STINSON,  President,   CONAM  Construction   Company;  Vice                                                               
President,  Alaska  Support   Industry  Alliance,  testified  via                                                               
teleconference.    [His  written  testimony is  included  in  the                                                               
committee packet.]   Mr. Stinson  noted that he does  not support                                                               
[SSHB 190] for many of the  reasons already mentioned today.  Mr.                                                               
Stinson provided the following testimony:                                                                                       
                                                                                                                                
     If this bill  is an attempt to provide  an incentive to                                                                    
     current  producers  of  gas   on  the  North  Slope  to                                                                    
     accelerate the Alaska gas pipeline  project, I think it                                                                    
     is  at least  premature, and  at most  maybe you  could                                                                    
     cancel the  project.   And I'll be  more specific.   If                                                                    
     there were a tax on gas  reserves that are imposed by a                                                                    
     certain date if a pipeline  didn't get built, why would                                                                    
     the current  Alaskan producers spend  the money  to try                                                                    
     to  find  more  gas  in the  interim  to  increase  the                                                                    
     reserves?   Why would new  companies look to  Alaska to                                                                    
     explore  for oil  and gas  if they  knew they  might be                                                                    
     taxed  for any  newly discovered  reserves without  the                                                                    
     certainty  of   getting  it  to  market?     Increasing                                                                    
     reserves helps  the overall  economics of  the project.                                                                    
     The more  gas you  have, the more  money you  make, and                                                                    
     the more the state makes.                                                                                                  
                                                                                                                                
     I think  the best  way to ensure  that a  pipeline gets                                                                    
     built  is to  work  with the  producers  and assist  in                                                                    
     doing the  things they need  to do to make  the project                                                                    
     work, not to work against  them in an adversarial role.                                                                    
     What if  ANWR opened?   Would  prospective leaseholders                                                                    
     there  assume  there might  be  the  threat of  similar                                                                    
     taxes,  and decide  not to  invest  in exploration  and                                                                    
     production of  oil and gas  in a place that  is already                                                                    
     one  of  the most  expensive  places  in the  world  to                                                                    
     produce it?  I think they might look elsewhere.                                                                            
                                                                                                                                
     This  issue   is  premature  because   the  feasibility                                                                    
     process the producers  are going through now  has to be                                                                    
     done regardless  of the implications of  a gas reserves                                                                    
     tax.    As  an Alaskan  pipeline  contractor,  who  has                                                                    
     recently  designed,  built,  and permitted  a  pipeline                                                                    
     project, I  know how  long it takes  to go  through the                                                                    
     process.  For  an 8-mile project, it took  me 16 months                                                                    
     and $2 million to  work through the permitting process.                                                                    
     The  current  group  of Phillips,  BP,  and  Exxon  has                                                                    
     committed  to doing  it roughly  in nine  months for  a                                                                    
     1,900-mile project,  with the largest  gas conditioning                                                                    
     plant in the world,  compressor stations, a natural gas                                                                    
     liquids  plant, and  more pipelines  from there  to the                                                                    
     Lower 48.   I ... think we need to  be patient and work                                                                    
     with the producers through this process ....                                                                               
                                                                                                                                
                                                                                                                                
CHAIR OGAN noted his agreement that the bill as written would be                                                                
a disincentive for additional exploration.                                                                                      
                                                                                                                                
Number 1115                                                                                                                     
                                                                                                                                
TOM MARSHALL  (PH) testified via teleconference  and informed the                                                               
committee that  he is  a retired petroleum  geologist.   He noted                                                               
that he  has been  connected with  the oil  and gas  business for                                                               
over 50  years.  Mr.  Marshall (ph) read the  following testimony                                                               
[that was sent to the committee via e-mail]:                                                                                    
                                                                                                                                
     I'm very much opposed to  this bill.  It will certainly                                                                    
     discourage  gas  exploration  at a  time  when  prudent                                                                    
     reserves on  the North  Slope are  grossly insufficient                                                                    
     to  supply either  the highway  pipeline or  the Valdez                                                                    
     LNG  schemes.   Proponents  of this  bill  say the  gas                                                                    
     owners  are  warehousing  North Slope  gas,  but  never                                                                    
     mention that  every day gas liquids  worth $1.5 million                                                                    
     are  recovered from  the reinjected  gas produced  with                                                                    
     oil at  Prudhoe Bay.   And the  natural gas  base press                                                                    
     maintenance project has  increased ultimate recovery 35                                                                    
     percent, yielding a $95 billion  increase in the market                                                                    
     value of oil production.   Gas in the ground at Prudhoe                                                                    
     Bay  is far  better for  the  state than  money in  the                                                                    
     bank.   Nationwide, natural gas sold,  during the first                                                                    
     quarter of 2001, averaged  $6.45 mcf; that's two-and-a-                                                                    
     half  times the  average price  of $2.46  in the  first                                                                    
     quarter of the year 2000.                                                                                                  
                                                                                                                                
     ...  I  worked  for  an  independent  gas  producer  in                                                                    
     Wyoming  in  the early  '50s  when  a reserve  tax  was                                                                    
     proposed  by the  livestock  interests  after a  heavy,                                                                    
     late,  spring snow  that decimated  the  lamb and  calf                                                                    
     crop.  The  proposed tax was dropped  when the ranchers                                                                    
     realized  that counting  reserves was  not at  all like                                                                    
     counting sheep  because there can be  a wide difference                                                                    
     of  opinion  among  qualified reservoir  engineers  and                                                                    
     geologists   due   to   uncertain  well   control   and                                                                    
     interpretation   of   gas   in  place   and   reservoir                                                                    
     continuity.    The  ranchers withdrew  the  bill  after                                                                    
     deciding  it   could  be  a  reservoir   engineers  job                                                                    
     security act.                                                                                                              
                                                                                                                                
CHAIR  OGAN  reiterated his  intention  to  hold the  bill  after                                                               
determining that no one else wished to testify.                                                                                 
                                                                                                                                
Number 1351                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOHRING  thanked all those who  testified today as                                                               
well   as   the   industry  for   its   investment   in   Alaska.                                                               
Representative  Kohring  expressed the  need  to  take care  when                                                               
working with the  [oil and gas industry] in order  to ensure that                                                               
they are  encouraged to make  further investments  in exploration                                                               
and development.   Perhaps, there could  be incentive legislation                                                               
to encourage [exploration and development].                                                                                     
                                                                                                                                
There  was   discussion  regarding  interim  endeavors   for  the                                                               
committee.                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special Committee  on Oil and  Gas meeting was adjourned  at 5:28                                                               
p.m.                                                                                                                            

Document Name Date/Time Subjects