Legislature(2003 - 2004)

04/24/2003 03:16 PM 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 24, 2003                                                                                         
                           3:16 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Vic Kohring, Chair                                                                                               
Representative Hugh Fate                                                                                                        
Representative Jim Holm                                                                                                         
Representative Lesil McGuire                                                                                                    
Representative Harry Crawford                                                                                                   
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Norman Rokeberg                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 277                                                                                                              
"An Act  relating to the  powers of the Regulatory  Commission of                                                               
Alaska in  regard to intrastate pipeline  transportation services                                                               
and pipeline facilities, to the rate  of interest for funds to be                                                               
paid by pipeline shippers or carriers  at the end of a suspension                                                               
of  tariff   filing,  and  to  the   prospective  application  of                                                               
increased  standards on  regulated  pipeline utilities;  allowing                                                               
the  commission  to  accept  rates   set  in  conformity  with  a                                                               
settlement agreement between  the state and one  or more pipeline                                                               
carriers and  to enforce the  terms of a settlement  agreement in                                                               
regard  to  intrastate  rates; and  providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 198                                                                                       
"An  Act providing  for a  reduction  of royalty  on certain  oil                                                               
produced from Cook Inlet submerged land."                                                                                       
                                                                                                                                
     - MOVED CSSSHB 198(O&G) OUT OF COMMITTEE                                                                                   
                                                                                                                                
HOUSE BILL NO. 267                                                                                                              
"An Act relating  to the Alaska Railroad;  authorizing the Alaska                                                               
Railroad Corporation  to provide  financing for  the acquisition,                                                               
construction, improvement,  maintenance, equipping,  or operation                                                               
of  facilities for  the transportation  of natural  gas resources                                                               
within and  outside the state  by others; authorizing  the Alaska                                                               
Railroad Corporation to issue bonds to finance those facilities;                                                                
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED HB 267 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 246                                                                                                              
"An Act relating to the limitation on upland acreage that a                                                                     
person may take or hold under oil and gas leases; and providing                                                                 
for an effective date."                                                                                                         
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 277                                                                                                                  
SHORT TITLE:PIPELINE UTILITIES REGULATION                                                                                       
SPONSOR(S): REPRESENTATIVE(S)DAHLSTROM                                                                                          
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/17/03     1026       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/17/03     1026       (H)        O&G, L&C                                                                                     
04/22/03                (H)        O&G AT 3:15 PM CAPITOL 124                                                                   
04/22/03                (H)        -- Meeting Canceled --                                                                       
04/23/03     1081       (H)        COSPONSOR(S): KOHRING                                                                        
04/24/03     1108       (H)        RES REFERRAL ADDED AFTER O&G                                                                 
04/24/03                (H)        O&G AT 3:15 PM CAPITOL 124                                                                   
                                                                                                                                
BILL: HB 198                                                                                                                  
SHORT TITLE:ROYALTY REDUCTION ON CERTAIN OIL                                                                                    
SPONSOR(S): REPRESENTATIVE(S)KOHRING                                                                                            
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/17/03     0560       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/17/03     0560       (H)        O&G, RES, FIN                                                                                
03/26/03     0654       (H)        COSPONSOR(S): CHENAULT                                                                       
04/03/03                (H)        O&G AT 3:15 PM CAPITOL 124                                                                   
04/03/03                (H)        -- Meeting Canceled --                                                                       
04/10/03                (H)        O&G AT 3:15 PM CAPITOL 124                                                                   
04/10/03                (H)        -- Meeting Canceled --                                                                       
04/24/03     1093       (H)        SPONSOR SUBSTITUTE INTRODUCED                                                                
04/24/03     1093       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/24/03     1093       (H)        O&G, RES, FIN                                                                                
04/24/03     1111       (H)        COSPONSOR(S): WOLF                                                                           
04/24/03                (H)        O&G AT 3:15 PM CAPITOL 124                                                                   
                                                                                                                                
BILL: HB 267                                                                                                                  
SHORT TITLE:AK RAILROAD BONDS FOR NAT.GAS TRANSPORT                                                                             
SPONSOR(S): REPRESENTATIVE(S)KOHRING                                                                                            
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/15/03     0985       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/15/03     0985       (H)        O&G, RES, FIN                                                                                
04/16/03     1018       (H)        COSPONSOR(S): CRAWFORD                                                                       
04/24/03                (H)        O&G AT 3:15 PM CAPITOL 124                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE NANCY DAHLSTROM                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as sponsor of HB 277.                                                                            
                                                                                                                                
GARY CARLSON, Senior Vice President                                                                                             
Forest Oil Corporation                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  in  support of  SSHB  198 as  a                                                               
requestor of the legislation.                                                                                                   
                                                                                                                                
MARK MYERS, Director                                                                                                            
Division of Oil & Gas                                                                                                           
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified  on SSHB 198,  calling it  a very                                                               
good,  direct  incentive; explained  DNR's  fiscal  note for  the                                                               
original bill  version; proposed  technical amendments  that were                                                               
adopted.                                                                                                                        
                                                                                                                                
PAUL FUHS, Lobbyist                                                                                                             
for Yukon Pacific Corporation (YPC)                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified that  HB 267 is an important tool,                                                               
but asked that  members be aware of the potential  for a pipeline                                                               
to Valdez; answered questions.                                                                                                  
                                                                                                                                
WENDY KING, Director of External Strategies                                                                                     
ConocoPhillips                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified in  support of  HB 267,  stating                                                               
support for having as many tools as possible.                                                                                   
                                                                                                                                
ROGER MARKS, Petroleum Economist                                                                                                
Economic Research Section                                                                                                       
Tax Division                                                                                                                    
Department of Revenue                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    During  hearing   on  HB  267,  said  the                                                               
department  would support  this as  a way  of moving  the project                                                               
forward; answered questions.                                                                                                    
                                                                                                                                
TOMAS H. BOUTIN, Deputy Commissioner                                                                                            
Office of the Commissioner                                                                                                      
Department of Revenue                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions pertaining to HB 267.                                                                   
                                                                                                                                
WENDY LINDSKOOG, Director of External Affairs                                                                                   
Alaska Railroad Corporation (ARRC)                                                                                              
Department of Community & Economic Development                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   During  hearing on  HB 267,  testified that                                                               
ARRC supports use  of its tax-exempt bonding authority  for a gas                                                               
pipeline and  believes it fits  within ARRC's mission  to support                                                               
economic development for the state.                                                                                             
                                                                                                                                
BILL O'LEARY, Vice President, Finance                                                                                           
Alaska Railroad Corporation                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Answering questions  on HB  267, discussed                                                               
the timeline for issuance of the bonds and ARRC's fiscal note.                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-18, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR VIC KOHRING  called the House Special Committee  on Oil and                                                             
Gas  meeting to  order  at 3:16  p.m.   Representatives  Kohring,                                                               
Holm,   and   Fate  were   present   at   the  call   to   order.                                                               
Representatives Kerttula,  Crawford, and  McGuire arrived  as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
CHAIR KOHRING  announced that Representative  Holm had  agreed to                                                               
serve in the [unofficial] capacity  of vice chair if someone were                                                               
needed to chair the committee in his absence.                                                                                   
                                                                                                                                
HB 277-PIPELINE UTILITIES REGULATION                                                                                          
                                                                                                                                
Number 0109                                                                                                                     
                                                                                                                                
CHAIR KOHRING  announced that the  first order of  business would                                                               
be HOUSE  BILL NO.  277, "An  Act relating to  the powers  of the                                                               
Regulatory Commission of Alaska  in regard to intrastate pipeline                                                               
transportation services  and pipeline facilities, to  the rate of                                                               
interest for  funds to be  paid by pipeline shippers  or carriers                                                               
at  the  end  of  a  suspension of  tariff  filing,  and  to  the                                                               
prospective  application  of  increased  standards  on  regulated                                                               
pipeline utilities;  allowing the commission to  accept rates set                                                               
in conformity with  a settlement agreement between  the state and                                                               
one  or more  pipeline carriers  and to  enforce the  terms of  a                                                               
settlement  agreement   in  regard   to  intrastate   rates;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
CHAIR KOHRING  explained that the legislation  would be presented                                                               
by  the sponsor  and held  over.   He  asked members  to look  at                                                               
testimony provided in writing.                                                                                                  
                                                                                                                                
Number 0196                                                                                                                     
                                                                                                                                
REPRESENTATIVE   NANCY  DAHLSTROM,   Alaska  State   Legislature,                                                               
sponsor of  HB 277,  explained that  the bill  addresses concerns                                                               
related   to  pipeline   utility  regulation.     She   said  the                                                               
legislative branch  is given sole  authority [with  the exception                                                               
of the  people, through  initiatives] to  write law,  whereas the                                                               
executive branch and state boards  and commissions are authorized                                                               
to  act in  accordance with  those laws.   In  that context,  she                                                               
indicated  HB 277 addresses  issues brought  forward by  some who                                                               
are  involved in  exploration, development,  and delivery  of oil                                                               
and gas  [who have concerns  about the regulatory  authority over                                                               
that process].                                                                                                                  
                                                                                                                                
REPRESENTATIVE DAHLSTROM  said the goal  of HB 277 is  to clarify                                                               
what jurisdiction  the Regulatory Commission of  Alaska (RCA) has                                                               
over   interstate  and   intrastate  rates.     The   legislation                                                               
addresses  RCA's  jurisdiction  over state  right-of-way  leases;                                                               
strives to  clarify RCA's authority over  dismantlement, removal,                                                               
and  restoration  (DR&R);  proposes  that the  RCA  support  rate                                                               
methodologies agreed to in settlement  agreements with the state;                                                               
and  addresses changes  to the  applicable interest  rate charged                                                               
under  RCA orders  so that  it  conforms with  the interest  rate                                                               
applied  in "other,  similar matters."   Characterizing  it as  a                                                               
starting  point,  she indicated  she  would  work with  committee                                                               
members,  the administration,  and  members of  the  oil and  gas                                                               
industry to  come up with  a good  piece of legislation  that she                                                               
would present at the next hearing.                                                                                              
                                                                                                                                
Number 0379                                                                                                                     
                                                                                                                                
CHAIR KOHRING apologized to those  hoping to testify and informed                                                               
listeners  that testimony  would  be taken  at  the next  hearing                                                               
after some issues were worked out.  [HB 277 was held over.]                                                                     
                                                                                                                                
HB 198-ROYALTY REDUCTION ON CERTAIN OIL                                                                                       
                                                                                                                                
Number 0463                                                                                                                     
                                                                                                                                
CHAIR KOHRING announced that the  next order of business would be                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL  NO. 198, "An Act providing for                                                               
a reduction  of royalty on  certain oil produced from  Cook Inlet                                                               
submerged land."                                                                                                                
                                                                                                                                
CHAIR  KOHRING, sponsor  of SSHB  198, explained  that he'd  been                                                               
approached  by people  who  own and  operate  facilities in  Cook                                                               
Inlet,  where  most  platforms were  constructed  in  the  1960s.                                                               
Production  is declining  significantly;  two  facilities out  of                                                               
thirteen  have  been mothballed,  and  others  may be  shut  down                                                               
because they aren't economically feasible.   He told members that                                                               
the intent  is to help  those platforms specifically.   This bill                                                               
provides a royalty  break on those platforms  if their production                                                               
drops below 1,200  barrels a day.  It lowers  the state's royalty                                                               
share,  now 12.5  percent, down  to  as low  as 5  percent, on  a                                                               
sliding-scale basis.   If  production were 750  barrels a  day or                                                               
less,  for example,  it would  be 5  percent, and  it would  rise                                                               
approximately 1 percent  for every additional 100  barrels, up to                                                               
the 12.5 percent.                                                                                                               
                                                                                                                                
CHAIR KOHRING  offered the expectation that  with this provision,                                                               
production  on  those  platforms  would  be  extended  up  to  an                                                               
additional 14 months.   He called upon Mr. Carlson  of Forest Oil                                                               
Corporation, who he indicated had requested the legislation.                                                                    
                                                                                                                                
Number 0789                                                                                                                     
                                                                                                                                
GARY  CARLSON, Senior  Vice  President,  Forest Oil  Corporation,                                                               
noted  that his  corporation has  been a  major investor  in Cook                                                               
Inlet for five years.  He  told members his testimony would focus                                                               
on  the   maintenance  of  critical  and   scarce  infrastructure                                                               
associated with mature oil fields in Cook Inlet.  He said:                                                                      
                                                                                                                                
     Platforms,  associated pipelines,  and related  onshore                                                                    
     facilities   represent   irreplaceable   infrastructure                                                                    
     which  may facilitate  the exploration,  discovery, and                                                                    
     development  ...  of  as-yet undiscovered  reserves  if                                                                    
     their  useful lives  can  be extended.    Any delay  in                                                                    
     abandoning    or    ...   decommissioning    of    this                                                                    
     infrastructure  will   provide  opportunities   to  the                                                                    
     industry   to  develop   smaller-scale   oil  and   gas                                                                    
     prospects  that  won't  stand   the  economics  if  new                                                                    
     infrastructure needed to be developed.                                                                                     
                                                                                                                                
     As  the  mature  fields  approach [the]  end  of  their                                                                    
     economic life,  the operators need to  get creative and                                                                    
     manage  costs carefully,  which  [includes] changes  in                                                                    
     the way they operate and  the need for cooperation with                                                                    
     their  vendors  and  contractors   to  share  in  these                                                                    
     efforts.  I believe that  it is ... appropriate for the                                                                    
     state  to  step  in  as  a partner  also.    This  bill                                                                    
     provides a way for the state to do its part.                                                                               
                                                                                                                                
     Keeping the  current Cook  Inlet oil  fields on  line a                                                                    
     few more  years will maintain good  jobs, provide local                                                                    
     taxes  and  the  possibility of  new  development  that                                                                    
     could  easily exceed  the anticipated  future shortfall                                                                    
     in state  revenues resulting from any  reduction of the                                                                    
     state's  royalty.   I  want to  commend  the chair  and                                                                    
     Representatives   Rokeberg  and   Chenault  for   their                                                                    
     leadership on this bill, and  to the administration for                                                                    
     supporting their efforts.                                                                                                  
                                                                                                                                
Number 0902                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  asked whether Mr. Carlson  maintains that in                                                               
order to  use the resource to  its final depletion, it  is in the                                                               
state's best  interest to  lower the  royalty [so  companies like                                                               
his can  continue to pump  oil economically].  He  also mentioned                                                               
current versus  future technology that may  allow extraction more                                                               
economically and thus provide better value for the resource.                                                                    
                                                                                                                                
MR. CARLSON replied:                                                                                                            
                                                                                                                                
     I think  the key to  keeping interest by  the operators                                                                    
     in  maintaining this  infrastructure and  continuing to                                                                    
     operate  it would  be to  fully  understand what  their                                                                    
     costs are  going to be.   And  some of those  costs are                                                                    
     associated with  personnel and  logistics, but  some of                                                                    
     them are actually  ... the money that's  pulled off the                                                                    
       top and given to the state as a result of ... the                                                                        
     state's ownership.                                                                                                         
                                                                                                                                
MR. CARLSON suggested that extending  the life of these platforms                                                               
may help develop  other possible projects; if  additional work or                                                               
discoveries  occur  from  the  platforms,   their  lives  can  be                                                               
extended and there  will be a higher recovery.   He suggested the                                                               
formula devised  by the  state in the  bill protects  the state's                                                               
interests;  if for  some reason  the rates  from these  depleting                                                               
platforms  were to  increase, the  royalty would  return to  12.5                                                               
percent.    He pointed  out  that  Forest Oil  Corporation  isn't                                                               
currently an operator  of any of these facilities,  but is active                                                               
in  Cook Inlet  and  very concerned  about losing  infrastructure                                                               
that  may  be  available  to bring  new  discoveries  to  another                                                               
platform, instead of having to  build platforms to accept further                                                               
production.                                                                                                                     
                                                                                                                                
Number 1095                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM said  he  isn't  knowledgeable enough  about                                                               
this area to know where the  law of diminishing return comes into                                                               
play.   As a  legislator, he  offered his belief  that it  is his                                                               
fiduciary responsibility to try  to protect the state's resources                                                               
and  extract the  highest  value possible,  keeping  in mind  the                                                               
desire to  retain the producers  as partners in order  to extract                                                               
them  expeditiously.    He  pointed  out  that  the  fiscal  note                                                               
intimates  that the  State of  Alaska will  lose $2.5  million in                                                               
proposed royalty  payments over the  next five or six  years, and                                                               
questioned the urgency of this action.                                                                                          
                                                                                                                                
Number 1171                                                                                                                     
                                                                                                                                
MR.  CARLSON   responded  that   he  believes   maintaining  that                                                               
infrastructure and keeping the fields  producing - for what could                                                               
be one to three years, depending  on what can be done to maintain                                                               
the rate  - could  easily offset  the fiscal  note estimate.   If                                                               
there  were a  discovery that  only could  be developed  by using                                                               
some  of that  infrastructure,  he suggested  the  return to  the                                                               
state would be many times that amount.                                                                                          
                                                                                                                                
Number 1318                                                                                                                     
                                                                                                                                
CHAIR KOHRING conveyed his belief  that encouraging the continued                                                               
production of  these facilities creates  potential for  the state                                                               
to generate even more money  in the future because these existing                                                               
facilities  represent  millions  of dollars'  worth  of  critical                                                               
infrastructure from which further exploration  can be done in the                                                               
future.    Even though  there  is  no  guarantee, there  is  that                                                               
potential  to  use  these facilities  to  engage  in  directional                                                               
drilling and find additional oil reservoirs.                                                                                    
                                                                                                                                
MR.  CARLSON concurred.   With  regard  to urgency,  he said  one                                                               
platform  has been  shut in,  and another  is scheduled  for that                                                               
soon;  therefore, he  feels there  is a  sense of  urgency to  do                                                               
something before it's too late.                                                                                                 
                                                                                                                                
CHAIR KOHRING  asked Mr. Myers,  in addition to his  testimony on                                                               
behalf  of   the  division,  to  address   Representative  Holm's                                                               
concerns  and whether  the amount  lost will  be gained  in other                                                               
ways.                                                                                                                           
                                                                                                                                
Number 1356                                                                                                                     
                                                                                                                                
MARK  MYERS,  Director, Division  of  Oil  & Gas,  Department  of                                                               
Natural  Resources (DNR),  advised members  that a  key goal  for                                                               
"incentivizing" oil  and gas  ought to  be looking  at incentives                                                               
that are efficient  and effective, and that  hopefully are direct                                                               
and measurable.  He offered his  belief that SSHB 198 meets those                                                               
criteria.  He  explained that the Cook Inlet  platforms have been                                                               
producing for a  long time; the state  has a lot of  good data, a                                                               
good understanding of the reserve  base, and a good understanding                                                               
of  the productions  costs.   In that  light, he  said, when  the                                                               
thresholds  for  royalty  reduction  were  chosen,  [DNR]  worked                                                               
carefully  with  data  from  Union   Oil  Company  of  California                                                               
(Unocal) and  Forest Oil  Corporation, as  well as  internal data                                                               
including  DNR data  and Department  of Revenue  (DOR) data  that                                                               
could be shared.                                                                                                                
                                                                                                                                
MR.  MYERS  said this  was  modeled  accurately, using  long-term                                                               
production trends.   Two different trends were  found with regard                                                               
to when the  economic limit for particular  platforms is reached.                                                               
Thus  there  are  two  clusters  of platforms.    The  first  has                                                               
platforms  where the  wells produce  lots of  water that  must be                                                               
separated out  and that use  significant water flood.   They have                                                               
more  expensive  operating  costs  and,  therefore,  an  economic                                                               
threshold  of production  such that  operating  costs exceed  the                                                               
value of the oil production; more  barrels [of oil] are needed to                                                               
justify their  operating costs.   The  second has  platforms that                                                               
have a  limited amount  of water and  water handling,  and little                                                               
water injection; those have cheaper costs.                                                                                      
                                                                                                                                
MR.  MYERS  told  members  the bill  therefore  was  designed  by                                                               
looking   at    those   factors   and   at    clustered   fields.                                                               
Appropriately, it  lists individual fields, but  it's truly based                                                               
on  economic   clusters  of  data,   not  just   targeting  those                                                               
particular fields.   He said  it was  easier to name  the fields,                                                               
but those fields represent  certain characteristics of production                                                               
and inherent reservoir characteristics.                                                                                         
                                                                                                                                
Number 1491                                                                                                                     
                                                                                                                                
MR. MYERS  remarked that  this is  a case when  it can  be argued                                                               
that royalty reduction is a  very appropriate mechanism to extend                                                               
field life.   He went  on to  say royalty reduction  is generally                                                               
asymmetrical   and  explained,   "Because   your  production   is                                                               
declining from  the field, the  period of  time in which  you ...                                                               
actively affect  the economics of  the field  and bring it  up on                                                               
line - when you're only  talking about a 7.5 percent differential                                                               
in the amount  of production - is limited."   He also pointed out                                                               
that  if the  desire  is to  use  this as  an  incentive to  keep                                                               
production   going  longer   and  possibly   to  get   additional                                                               
investment in the platforms, the  relief should be given slightly                                                               
before it  is absolutely,  critically needed.   He  added, "Plus,                                                               
then,  you're projecting  on certain  oil prices  to project  the                                                               
economic threshold."                                                                                                            
                                                                                                                                
Number 1532                                                                                                                     
                                                                                                                                
MR. MYERS continued:                                                                                                            
                                                                                                                                
     We  used a  pretty  middle-of-the-road calculation  for                                                                    
     netback oil  price and  then ran  a bunch  of scenarios                                                                    
     ... on the  platform, and came up with  this cluster of                                                                    
     data.   So we feel  pretty good that our  fiscal [note]                                                                    
     accurately reflects the loss  in royalty, which, again,                                                                    
     we think is relatively small.  ... The first year, it's                                                                    
     about $220,000,  going up to  nearly $600,000  in 2007.                                                                    
     Those  are relatively  small  numbers  compared to  the                                                                    
     value of that infrastructure.                                                                                              
                                                                                                                                
     One  of our  concerns is,  once you  start pulling  out                                                                    
     multiple platforms out of the  inlet, there's a synergy                                                                    
     between  the  platforms.    There's  piping  that  goes                                                                    
     between the  platforms.  There's common  use of onshore                                                                    
     facilities.   All those  additional costs  of rerouting                                                                    
     those  pipes for  existing  platforms  ... would  cause                                                                    
     additional  costs, as  well as  a lesser  throughput to                                                                    
     those  existing production  facilities  on shore  would                                                                    
     raise   the   cost.    ...   There's   an   interlinked                                                                    
     interdependency  of facilities  in  the  inlet, and  we                                                                    
     want to make  sure as much of that  [as possible] keeps                                                                    
     producing as long as it can.                                                                                               
                                                                                                                                
Number 1585                                                                                                                     
                                                                                                                                
MR. MYERS expressed optimism about  the exploration potential and                                                               
said:                                                                                                                           
                                                                                                                                
     We  know of  multiple  prospects that  exist off  these                                                                    
     existing  platforms, and  sometimes a  current operator                                                                    
     isn't  desirable  of  expending  the money  to  do  the                                                                    
     exploration,  but  a  new operator  might.    So  we're                                                                    
     buying time ... in case  there's sale or trade [of] the                                                                    
     platforms, et cetera - other opportunities.                                                                                
                                                                                                                                
     So  while  we  lose  some  direct  revenue,  it's  very                                                                    
     quantifiable.  It's relatively minimal  on the scale of                                                                    
     the  potential  benefit  of  that  infrastructure,  and                                                                    
     we're  hoping  that the  upside  does  exist.   In  the                                                                    
     meantime,  you   have  preserved  jobs  and   you  have                                                                    
     preserved that oil  going to the refineries  ... on the                                                                    
     Kenai [Peninsula],  which are important to  the state's                                                                    
     economy.                                                                                                                   
                                                                                                                                
Number 1622                                                                                                                     
                                                                                                                                
REPRESENTATIVE McGUIRE asked how 5 percent was arrived at.                                                                      
                                                                                                                                
MR.  MYERS  answered that  there's  an  historical precedent  for                                                               
using  5 percent,  which the  state uses  for discovery  royalty.                                                               
It's  in existing  statute  for  six fields  in  Cook Inlet  that                                                               
weren't  producing.    It  also  leaves  enough  direct  economic                                                               
benefit to the  state.  If it's  set much lower or  at zero, then                                                               
the  fiscal note  becomes bigger.    He offered  his belief  that                                                               
5 percent  royalty isn't  a substantial  burden  on the  project.                                                               
"We might  extend it a few  months more by going  lower, but this                                                               
is a good number," he added.                                                                                                    
                                                                                                                                
MR. MYERS also  pointed out that if these numbers  don't work, an                                                               
applicant [can seek] royalty reduction  under the current royalty                                                               
reduction statute; that can go down  to 3 percent and is based on                                                               
need, using technical data.   He also mentioned royalty reduction                                                               
under HB 28 if  that bill passes.  He added  that this [5 percent                                                               
in  SSHB 198]  is a  "pretty good,  standard threshold,  we feel,                                                               
that we  still are getting  direct revenue from the  platforms as                                                               
well as we're affecting the economics."                                                                                         
                                                                                                                                
Number 1726                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD asked what happens to platforms after                                                                   
they get shut in.  For example, can they be reconditioned and                                                                   
shipped elsewhere?                                                                                                              
                                                                                                                                
MR. MYERS answered that it is  uncharted territory as to what the                                                               
state would do.  Initially,  production would be suspended; there                                                               
are  a  few  platforms  where  that has  happened.    He  further                                                               
explained:                                                                                                                      
                                                                                                                                
     Initially, that would just be  plugging back the wells,                                                                    
     cleaning  the  surfaces,  keeping,  usually,  a  manned                                                                    
     presence or  in some  cases unmanned, if  they go  to a                                                                    
     total  cleaning  and  monitoring   system.    And  then                                                                    
     there's  a period  of time.    At some  period of  time                                                                    
     where  there  really   isn't  any  additional  economic                                                                    
     potential,  then  the wells  will  be  cemented in  via                                                                    
     AOGCC  [Alaska  Oil  and Gas  Conservation  Commission]                                                                    
     requirements, permanently  abandoned, and  the facility                                                                    
     will have to be abandoned. ...                                                                                             
                                                                                                                                
     That  process of  what  is done  with  the facility  is                                                                    
     truly  going  to be  a  public  process, with  multiple                                                                    
     agencies looking at it and,  I assume, with stakeholder                                                                    
     influence  from   ...  all  sorts  of   other  outside,                                                                    
     nongovernmental organizations.   The "highest  and best                                                                    
     use" question, I  think, will really be put  there:  Do                                                                    
     you  want to  keep the  facility there?  ... Can  it be                                                                    
     reused?   There are certainly  options to cut  the legs                                                                    
     off of the platforms if  you bring in a (indisc.), move                                                                    
     it over  to another facility. ...  So there's potential                                                                    
     to   use  them.      There's   potential  for   various                                                                    
     dismantlement and  [removal], actually ...  moving them                                                                    
     out of the inlet, et cetera.                                                                                               
                                                                                                                                
     So,   to   the   extent  of   the   final   abandonment                                                                    
     requirements  for a  platform,  we  haven't gone  there                                                                    
     yet.   It is something the  state will have to  face in                                                                    
     the  future.   And certainly  DNR will  play a  role in                                                                    
     that, but  other agencies  will as  well.   The federal                                                                    
     Coast Guard  navigation issues  will occur,  et cetera.                                                                    
     You can get  a long list ... of  potential actions that                                                                    
     would have to be taking place.                                                                                             
                                                                                                                                
Number 1830                                                                                                                     
                                                                                                                                
MR. MYERS continued:                                                                                                            
                                                                                                                                
     We're  studying the  issue.   We sent  some folks  to a                                                                    
     conference  in California  - where  they're looking  at                                                                    
     abandoning some offshore platforms  - the MMS [Minerals                                                                    
     Management Service]  sponsored.   So we have  models to                                                                    
     go by  from the federal  [government] and ...  folks in                                                                    
     the Gulf of  Mexico and offshore California.   So we're                                                                    
     looking  [at]  that,  but  we   have  not  yet  totally                                                                    
     integrated what needs to be done.                                                                                          
                                                                                                                                
Number 1852                                                                                                                     
                                                                                                                                
MR.  MYERS, in  response  to  Representative Kerttula,  indicated                                                               
the fields listed in the  bill are the older, existing platforms,                                                               
rather  than newer  fields like  Redoubt Shoals.   He  added that                                                               
there  is one  onshore field,  West McArthur  [River] field,  and                                                               
said, "It's  onshore facilities  but offshore  fields."   He said                                                               
although all the fields are named,  the bill isn't designed to be                                                               
name-specific,  but is  an easier,  simpler  way to  look at  the                                                               
actual characteristics  and economic criteria.   "Again, we found                                                               
the  data clustered  nicely around  two types  of platforms,"  he                                                               
added.   "And when you use  a general bill like  this, unless you                                                               
wanted to  [have] specific royalty  reduction for  each platform,                                                               
you had to use  ... an amount."  He concluded  by saying that the                                                               
names are  there because it targets  certain characteristics, and                                                               
that it  is inclusive of all  those platforms in Cook  Inlet that                                                               
have those characteristics.                                                                                                     
                                                                                                                                
Number 1938                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  asked what the average  daily production was                                                               
at midlife for these fields.                                                                                                    
                                                                                                                                
MR. MYERS  said he didn't  know, but estimated perhaps  15,000 to                                                               
20,000 barrels a  day; he suggested Mr. Carlson  might have those                                                               
figures.   At the  peak, Cook  Inlet production  was an  order of                                                               
magnitude larger than it is now,  he said.  "So we're really down                                                               
near  the end,  ... and  Redoubt Shoals,  of course,  is a  great                                                               
success,  and  that's going  to  help  bring  us up,"  he  added.                                                               
Mr. Myers  said there  is some  other exploration  going on;  the                                                               
hope  is that  it will  lead to  new production  to substantially                                                               
revive the inlet.  Except  for that, however, these platforms and                                                               
reservoirs  are  largely  expended.   He  pointed  out  that  one                                                               
challenge for companies is that  they'll spend the money to drill                                                               
a directional well; if successful,  they may increase production,                                                               
but it's marginal.  "If this  tips the scale, we'll all benefit,"                                                               
he concluded.                                                                                                                   
                                                                                                                                
Number 2025                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  referred to [AS 31.05]  and recalled looking                                                               
at royalty reduction specific to Cook  Inlet a year ago, with the                                                               
idea of perhaps broadening it  statewide, for example, and making                                                               
it  self-limiting with  a sunset  date.   He  asked whether  this                                                               
current bill  "will stimulate  the kind  of exploration  for more                                                               
oil  in that  area, which  will  take advantage  of this  royalty                                                               
reduction, above and beyond what we thought it would."                                                                          
                                                                                                                                
MR. MYERS responded:                                                                                                            
                                                                                                                                
     We  have multiple  programs, but  I  think the  program                                                                    
     we're referring  to is  the discovery  royalty program,                                                                    
     which  gives 5  percent royalties  to new  discoveries.                                                                    
     This  program, I  guess, is  more certain,  because you                                                                    
     have  all the  production data.   So  this extends  the                                                                    
     life  of  infrastructure;  that  greatly  improves  the                                                                    
     economics of  future exploration.   So I think  this is                                                                    
     actually  ... one  of our  more  positive moves  that's                                                                    
     clearly a  direct, effective  incentive, and  will, ...                                                                    
     if  explorers  are  out  there,   ...  give  them  more                                                                    
     opportunity  and more  time.   This buys  us time  with                                                                    
     existing infrastructure, ... because  once some of this                                                                    
     infrastructure  goes   away,  it's  not  going   to  be                                                                    
     replaceable   ...   unless   they   find   very   large                                                                    
     accumulations,   which   increases   exploration   risk                                                                    
     because they need  to find very large  fields, then, to                                                                    
     build ... the infrastructure in the inlet.                                                                                 
                                                                                                                                
     Generally, in the inlet, to  put a new platform, people                                                                    
     typically  need probably  around ...  30 or  40 million                                                                    
     barrels of recoverable reserves.   So you need a pretty                                                                    
     substantial discovery  for the inlet,  though certainly                                                                    
     the prospects  are there  to find more  of those.   But                                                                    
     when you chance-risk it, it's  nice if that number goes                                                                    
     down a little bit  because there's an existing platform                                                                    
     for  development.  ... If  you  could  use an  existing                                                                    
     platform,  you  might  save  a  lot  of  money  on  the                                                                    
     development,  in  which  case,  then,  your  limit  for                                                                    
     exploration size might  shrink down by 5  or 10 million                                                                    
     barrels,  leaving you  to drill  a  lot more  different                                                                    
     types of prospects, or lowering your risks.                                                                                
                                                                                                                                
Number 2134                                                                                                                     
                                                                                                                                
MR. MYERS emphasized the synergies.   He said one of Cook Inlet's                                                               
real advantages  is the  existing infrastructure,  which probably                                                               
results in  a much higher  netback per  barrel than on  the North                                                               
Slope.  He added:                                                                                                               
                                                                                                                                
     We  want  to  keep   that  advantage  there  with  this                                                                    
     existing  infrastructure.   And, again,  that will  get                                                                    
     more  people  drilling.    We've seen  a  lot  of  good                                                                    
     "independent action,"  as you've seen,  particularly on                                                                    
     the gas  side, with independents  in the inlet.   There                                                                    
     may  be  some  swapping  of  platforms  or  selling  of                                                                    
     platforms,  we  hope, in  the  future  with folks  that                                                                    
     might be a little more aggressive on exploration, say.                                                                     
                                                                                                                                
MR. MYERS concluded  by saying this is truly a  very good, direct                                                               
incentive because  "we can  quantify the amount,  and we  can see                                                               
the direct effects of it."                                                                                                      
                                                                                                                                
Number 2174                                                                                                                     
                                                                                                                                
CHAIR KOHRING  expressed appreciation to  Mr. Myers for  his work                                                               
on  the  legislation and  for  working  with  the owners  of  the                                                               
platforms on this.                                                                                                              
                                                                                                                                
Number 2197                                                                                                                     
                                                                                                                                
MR.  MYERS informed  the committee  of  the following  [technical                                                               
changes] needed  in the  bill.  On  page 2, line  2, he  said the                                                               
phrase "field  or" should  be removed because  it is  specific to                                                               
those  platforms.    On  page  3, line  7,  "XTO.B"  should  read                                                               
"XTO.C".   On page 3, subparagraph  (E) is talking about  a field                                                               
in  this one  case; therefore,  "platform" should  be deleted  on                                                               
line 26  and replaced with  "field", and the words  "or platform"                                                               
should be removed on line 29.                                                                                                   
                                                                                                                                
Number 2272                                                                                                                     
                                                                                                                                
REPRESENTATIVE   HOLM  moved   to  adopt   the  foregoing   as  a                                                               
[conceptual]  amendment.   There being  no objection,  it was  so                                                               
ordered.                                                                                                                        
                                                                                                                                
Number 2287                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  moved to report  [SSHB 198, as  amended] out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal   note(s).     There  being   no  objection,                                                               
CSSSHB 198(O&G) was reported from  the House Special Committee on                                                               
Oil and Gas.                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:50 p.m. to 3:51 p.m.                                                                       
                                                                                                                                
HB 267-AK RAILROAD BONDS FOR NAT.GAS TRANSPORT                                                                                
                                                                                                                                
Number 2339                                                                                                                     
                                                                                                                                
CHAIR KOHRING  announced that the  final order of  business would                                                               
be HOUSE BILL  NO. 267, "An Act relating to  the Alaska Railroad;                                                               
authorizing the Alaska Railroad  Corporation to provide financing                                                               
for  the  acquisition,  construction,  improvement,  maintenance,                                                               
equipping, or  operation of facilities for  the transportation of                                                               
natural gas  resources within  and outside  the state  by others;                                                               
authorizing  the Alaska  Railroad Corporation  to issue  bonds to                                                               
finance those facilities; and providing for an effective date."                                                                 
                                                                                                                                
CHAIR KOHRING, sponsor of HB 267,  pointed out the work of others                                                               
on  this  legislation and  described  himself  as a  facilitator.                                                               
Explaining  that   the  bill  provides   a  tool   for  potential                                                               
constructors of  the gas  pipeline and is  intended to  provide a                                                               
financing  option, he  thanked Representative  Fate  for work  on                                                               
other legislation pertaining to stranded  gas.  He noted that the                                                               
Alaska Railroad  Corporation (ARRC) has bonding  capability and a                                                               
very  good bond  rating, and  thus  can access  capital at  cheap                                                               
rates.   This  bill asks  ARRC to  issue bonds  in order  to make                                                               
money  available  for potential  constructors  of  a natural  gas                                                               
pipeline,  who would  work out  a contractual  arrangement.   The                                                               
bill  provides for  up to  $17  billion in  bonds, whereas  Chair                                                               
Kohring said  he's been told  constructing a pipeline  would take                                                               
as much  as $20 billion.   He characterized this as  an important                                                               
piece of the package to make the gas pipeline a reality.                                                                        
                                                                                                                                
Number 2506                                                                                                                     
                                                                                                                                
PAUL FUHS,  Lobbyist for Yukon  Pacific Corporation  (YPC), began                                                               
by listing his  experience with bonding issues and  entities.  He                                                               
told  members  this  important  tool  has  always  been  seen  as                                                               
"nonrecourse bonding":   if ARRC issues these bonds,  it would be                                                               
conduit financing, with  no recourse of any lender  "to the state                                                               
general obligation  bonding - the  permanent fund,  the railroad,                                                               
or any  of the other  assets."  He  said this "peculiar  piece of                                                               
tax  law" came  across as  the  railroad was  transferred to  the                                                               
state, and is included in the federal railroad transfer Act.                                                                    
                                                                                                                                
MR. FUHS emphasized  YPC's desire that the committee  be aware of                                                               
the  potential for  a  pipeline to  Valdez.   He  noted that  the                                                               
Canadian pipeline project is dependent  on federal subsidies that                                                               
may or may not be received, for instance.                                                                                       
                                                                                                                                
Number 2583                                                                                                                     
                                                                                                                                
MR.  FUHS drew  attention to  documents he'd  provided [a  letter                                                               
from  Representative  Harris  to   Ward  Whitmore  of  YPC  dated                                                               
December 24, 2002; a letter  in response; and a six-page document                                                               
entitled "Yukon Pacific Corporation:   Trans-Alaska Gas System"].                                                               
He  suggested   these  contain  the  most   detailed  information                                                               
provided by  any project sponsor  in terms of  numbers, including                                                               
capital  costs  of about  $12  million  and delivered  prices  of                                                               
liquefied natural  gas (LNG) at  $3.50 in  Asia and $3.25  on the                                                               
U.S. West Coast, and gas delivered  in Alaska at $2.50, leaving a                                                               
wellhead  value  to  the  producers  of  about  $1.00,  which  he                                                               
suggested is in  the range talked about.  As  to whether there is                                                               
a market, he said California  has expressed interest and that LNG                                                               
will be a critical part of that state's energy mix.                                                                             
                                                                                                                                
MR. FUHS  also alluded  to an  e-mail in  packets with  regard to                                                               
discussions   with  Mr.   Kim,  vice   president  of   Korea  Gas                                                               
Corporation  (KOGAS), to  whom  this  information was  presented.                                                               
Mr. Fuhs  noted that Representative  Fate was at that  meeting as                                                               
well  and  also had  heard  that  when  the  price of  $3.50  was                                                               
mentioned  to [Mr.  Kim], he  pulled a  piece of  paper from  his                                                               
pocket and said  the lowest price they'd been  offered was $4.00,                                                               
with the highest  being $5.17 for the gas that  they were looking                                                               
for.   Regardless  of generic  comments that  this project  isn't                                                               
economical, Mr.  Fuhs said, these  numbers show a  viable project                                                               
that doesn't even need subsidies.                                                                                               
                                                                                                                                
MR. FUHS also  drew attention to [letters between  John Urbina of                                                               
George K.  Baum & Company  ("George K. Baum")  and Representative                                                               
Harris].   He  noted that  Representative Harris  had asked  that                                                               
company  - which  has sold  about $2  billion worth  of bonds  in                                                               
Alaska in the last 10 years -  to look at the numbers provided by                                                               
YPC to  see whether George  K. Baum  believes the bonds  could be                                                               
sold and what impact the ARRC bonds would have.                                                                                 
                                                                                                                                
Number 2704                                                                                                                     
                                                                                                                                
MR. FUHS pointed  out that [page 2 of Mr.  Urbina's letter] says,                                                               
based on  the information supplied  by YPC, that the  project can                                                               
be financed in the bond market  if the ARRC vehicle is available.                                                               
Mr. Fuhs  called this  a pretty strong  statement from  a bonding                                                               
company on  the importance of  the railroad bonds.   Highlighting                                                               
"Chart A," an  attachment to Mr. Urbina's letter,  Mr. Fuhs noted                                                               
that  it shows  almost  a 2  percent difference  in  the rate  of                                                               
return if  ARRC bonds are  used, with  a projected return  to the                                                               
State  of Alaska  of  $500 million  to  $1 billion  a  year.   He                                                               
characterized this  as the  only project seen  so far  that comes                                                               
close to  meeting the governor's  goal of addressing  the state's                                                               
budget deficit through resource development.                                                                                    
                                                                                                                                
Number 2758                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM  asked  whether  there  are  any  U.S.-built                                                               
tanker hulls  available today  that could  haul LNG  between U.S.                                                               
ports.                                                                                                                          
                                                                                                                                
MR. FUHS said no.  He added  that the world's LNG tankers are 100                                                               
percent utilized at this time and  are on contract.  Thus tankers                                                               
will have to be  built.  If they go into  the U.S. [from Alaska],                                                               
they'll have  to comply  with the  federal Jones  Act.   For Baja                                                               
California, additionally, he said it  would be U.S. tankers.  The                                                               
most interesting  development in  LNG is offshore  platforms; the                                                               
first is  being applied  for 130  miles offshore  in the  Gulf of                                                               
Mexico,  with  the gasification  facilities  being  on the  ship.                                                               
That helps  to solve  some of  the siting problems.   He  said he                                                               
wasn't  sure whether  something 20  miles offshore  would require                                                               
compliance with the  Jones Act, but specified  that vessels going                                                               
into a U.S. port would have to comply with the Jones Act.                                                                       
                                                                                                                                
Number 2843                                                                                                                     
                                                                                                                                
WENDY  KING,  Director  of External  Strategies,  ConocoPhillips,                                                               
informed members that she works  in the "ANS [Alaska North Slope]                                                               
gas commercialization group."  She told the committee:                                                                          
                                                                                                                                
     ConocoPhillips  supports House  Bill  267, which  could                                                                    
     provide, but  would not require, an  Alaska natural gas                                                                    
     pipeline  to  potentially  utilize an  Alaska  Railroad                                                                    
     Corporation bond financing mechanism.                                                                                      
                                                                                                                                
     As    mentioned   before    in   previous    testimony,                                                                    
     ConocoPhillips has  a three-pronged strategy to  make a                                                                    
     gas pipeline through Alaska and  Canada a reality.  The                                                                    
     first  is two  distinctly different  pieces of  federal                                                                    
     legislation.    The  first  one   is  focusing  on  ...                                                                    
     streamlining the  permitting process.   And  the second                                                                    
     is  fiscal legislation  which  would provide  insurance                                                                    
     against  the risk  of extreme  price  volatility.   The                                                                    
     third  item  is  state fiscal  certainty  and  clarity,                                                                    
     which  will be  progressing  with  the recently  passed                                                                    
     House   Bill  16,   which  reauthorized   the  [Alaska]                                                                    
     Stranded Gas Development Act.                                                                                              
                                                                                                                                
     If  ConocoPhillips is  successful  with securing  these                                                                    
     three  items, we  plan to  continue  moving forward  on                                                                    
     this project.   Financing this  potentially $20-billion                                                                    
     project will be a  significant activity for any company                                                                    
     that  pursues  the Alaska  pipeline  project.   And  we                                                                    
     support  having as  many tools  as  possible to  choose                                                                    
     from, when  that time comes.   While it's too  early to                                                                    
     select specific  financing [vehicles], if  this vehicle                                                                    
     proves  workable it  might add  a potentially  valuable                                                                    
     option.                                                                                                                    
                                                                                                                                
     In  conclusion, we  support the  passage  of ...  House                                                                    
     Bill 267 and appreciate  the legislature for addressing                                                                    
     the financing options for the gas pipeline project.                                                                        
                                                                                                                                
Number 2922                                                                                                                     
                                                                                                                                
CHAIR  KOHRING  emphasized the  goal  of  providing a  tool  that                                                               
potentially  can be  used  to finance  construction  of that  gas                                                               
pipeline, and  acknowledged that  it won't automatically  be used                                                               
by any  company.  He  then asked Mr.  Marks of the  Department of                                                               
Revenue to address feasibility during his testimony.                                                                            
                                                                                                                                
Number 2951                                                                                                                     
                                                                                                                                
ROGER MARKS, Petroleum Economist,  Economic Research Section, Tax                                                               
Division, Department  of Revenue, said [the  department] has done                                                               
quite  a bit  of detailed  modeling of  this financing  mechanism                                                               
just  to see  what  kind of  potential effect  it  could have  on                                                               
project viability.                                                                                                              
                                                                                                                                
TAPE 03-18, SIDE B                                                                                                            
Number 2973                                                                                                                     
                                                                                                                                
MR. MARKS  pointed out that the  first step is making  sure there                                                               
is  a  good  project  [economically],  regardless  of  financing.                                                               
However, if  this mechanism were  available and  project sponsors                                                               
decided to  use it, he  estimated the  range of savings  would be                                                               
from zero  up to  $4 billion in  financing charges,  depending on                                                               
the degree  it was used  because of  the tax-free treatment.   He                                                               
said the Department  of Revenue would support HB 267  as a way of                                                               
moving this project forward.                                                                                                    
                                                                                                                                
Number 2915                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  referred  to the  analysis  section  of                                                               
ARRC's  fiscal note  and asked  who bears  the liability  for the                                                               
bonds and who will hold them.                                                                                                   
                                                                                                                                
MR. MARKS answered  that these "nonrecourse bonds"  would be paid                                                               
directly from  project revenues.  The  corporations financing the                                                               
project  would  be liable.    He  suggested  that Mr.  Boutin  or                                                               
someone from ARRC could discuss this in detail.                                                                                 
                                                                                                                                
Number 2842                                                                                                                     
                                                                                                                                
TOMAS   H.   BOUTIN,   Deputy   Commissioner,   Office   of   the                                                               
Commissioner,  Department  of  Revenue,  responded  that  as  the                                                               
structure has been  explained to him, ARRC would  be the "nominal                                                               
issuer,"  a role  state agencies  or  municipalities often  have;                                                               
there  wouldn't be  implications for  the state,  including ARRC.                                                               
He said it isn't an uncommon structure in public financing.                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  related her understanding  that although                                                               
ARRC  would basically  be passing  it  through, the  corporations                                                               
themselves ultimately would be liable.   She surmised that people                                                               
who'd be buying these bonds would know that.                                                                                    
                                                                                                                                
MR.  BOUTIN   said  typically  there   would  be   a  feasibility                                                               
consultant  with specific  expertise  in  gas pipeline  projects;                                                               
this  would  be an  important  component,  and the  credit-rating                                                               
agencies and  so forth  would use the  consultant in  addition to                                                               
doing their  own "due diligence"  to determine that  the revenues                                                               
would be adequate to repay the bond debt.                                                                                       
                                                                                                                                
REPRESENTATIVE  KERTTULA  asked whether  bonds  using  ARRC as  a                                                               
conduit  could  be  sold  for  any purpose  or  just  for  a  gas                                                               
pipeline.                                                                                                                       
                                                                                                                                
MR. BOUTIN suggested  Ms. Lindskoog of ARRC  could answer better,                                                               
but said  because of  tax-code changes,  primarily in  the 1980s,                                                               
ARRC has a singular ability with regard to tax-exempt debt.                                                                     
                                                                                                                                
Number 2671                                                                                                                     
                                                                                                                                
MR.  MARKS   pointed  out  that  the   federal  legislation  that                                                               
transferred the Alaska Railroad to  the state says the intent was                                                               
to  confer  upon  the railroad  all  the  business  opportunities                                                               
available to  comparable railroads.   There is  a long  record of                                                               
gas pipelines tied  to railroads in the Lower 48,  he noted, with                                                               
examples  of railroads  that have  owned, operated,  and financed                                                               
gas pipelines.   He  suggested this  might apply  some boundaries                                                               
with regard to what this mechanism could be used for.                                                                           
                                                                                                                                
Number 2646                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked about risk to the state.                                                                          
                                                                                                                                
MR. MARKS  replied that he believes  there is no risk  or a very,                                                               
very low risk.                                                                                                                  
                                                                                                                                
CHAIR KOHRING asked whether ARRC supports the bill.                                                                             
                                                                                                                                
Number 2596                                                                                                                     
                                                                                                                                
WENDY LINDSKOOG,  Director of  External Affairs,  Alaska Railroad                                                               
Corporation,  Department  of  Community &  Economic  Development,                                                               
informed members  that ARRC  supports the  use of  its tax-exempt                                                               
bonding authority for a gas  pipeline and believes it fits within                                                               
ARRC's  mission to  support economic  development for  the state.                                                               
She said this  obviously is an important tool that  could be used                                                               
to help  lower the  cost of  the project.   She deferred  to Bill                                                               
O'Leary or Phyllis Johnson to answer further questions.                                                                         
                                                                                                                                
Number 2547                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FATE asked  what  the process  will  be and  when                                                               
bonds will be issued.  He pointed  out that even though this is a                                                               
pass-through, there is a lot of money involved.                                                                                 
                                                                                                                                
Number 2441                                                                                                                     
                                                                                                                                
BILL   O'LEARY,   Vice   President,  Finance;   Alaska   Railroad                                                               
Corporation,  noted that  he is  ARRC's chief  financial officer.                                                               
In answer to Representative Fate's  question, he said it would be                                                               
solely dependent  upon having someone  such as the  [current oil]                                                               
producers first agree that the project  is viable, with a wish to                                                               
proceed.    If   the  other  steps  including   passage  of  this                                                               
legislation were in place, ARRC would  lay out a timeline for the                                                               
particular bond issuance or issuances  that would take place.  He                                                               
said it  is driven by  the producers' coming forward  and saying,                                                               
"Yes, we want to do this."                                                                                                      
                                                                                                                                
REPRESENTATIVE  FATE  asked  whether [the  producers'  statement]                                                               
would  be  "Yes,  we  want  to  do this"  or  "Yes,  we  want  to                                                               
participate  in the  financing of  this," or  both.   He said  it                                                               
seems a lot  of groundwork must be laid before  issuance of those                                                               
bonds.     Although   he   said  he   didn't   have  a   concern,                                                               
Representative  Fate specified  that  he wanted  to know  whether                                                               
there is a timeline "that you are concerned about here."                                                                        
                                                                                                                                
MR. O'LEARY  reiterated that the  timeline is dependent  upon the                                                               
producers'  coming  forward  and  saying they  wish  to  use  the                                                               
financing  mechanism through  ARRC.   From that  point, the  game                                                               
plan  would  be figured  out  with  respect  to when  the  [bond]                                                               
issuances  would  take  place.    He said  until  that  point  is                                                               
reached, it is tough to lay out anything more than that.                                                                        
                                                                                                                                
Number 2342                                                                                                                     
                                                                                                                                
MR. FUHS added:                                                                                                                 
                                                                                                                                
     It may be  the producers.  It may be  a pipeline group.                                                                    
     It may be  the state development authority.   It may be                                                                    
     a  combination of  -- I  think Korea  Gas [Corporation]                                                                    
     said  they  would  look  at  5  to  10  percent  equity                                                                    
     investment.   So it  could be  any one  of a  number of                                                                    
     potential sponsors.                                                                                                        
                                                                                                                                
     But the best  information on this is  contained in this                                                                    
     report by George  K. Baum.  And what they  did is, they                                                                    
     modeled also the  bonding for this.  It's  about an 80-                                                                    
     page report, and  I can make it available to  you.  And                                                                    
     what they  do is,  they start  from a  possible project                                                                    
     sanction  -  when you  have  the  go-ahead.   And  then                                                                    
     you've got  a certain amount of  final engineering that                                                                    
     has  to be  done, and  other things,  before you  start                                                                    
     issuing those bonds.                                                                                                       
                                                                                                                                
     Now, George K. Baum  recommended three trains of bonds,                                                                    
     because you're not going to  go borrow all the money at                                                                    
     once.   You don't  need it  all at once.   So  you only                                                                    
     borrow  as  much  as  you  need,  because  during  your                                                                    
     construction  period is  your highest  interest rate  -                                                                    
     the interim financing during  construction, just like a                                                                    
     house or  building or  anything else.   So you  want to                                                                    
     stretch that  out as far  as possible.   And ...  I can                                                                    
     share  that [report]  with you,  and you  can see  that                                                                    
     [it's]  about  over  a  five-year  period  that  you're                                                                    
        actually issuing those bonds, ... and they just                                                                         
      recommended that because it reduces the cost of the                                                                       
     project by doing it that way.                                                                                              
                                                                                                                                
REPRESENTATIVE FATE  requested that  Mr. Fuhs supply  the 80-page                                                               
document he'd just referenced.                                                                                                  
                                                                                                                                
MR. FUHS agreed, noting that this  could be used as a model, even                                                               
though it was based on the project to Valdez.                                                                                   
                                                                                                                                
Number 2261                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD  asked whether it  would be good  to take                                                               
advantage of the  current low interest rates all  at once, rather                                                               
than spacing this  out over five years and  having interest rates                                                               
perhaps climb.                                                                                                                  
                                                                                                                                
MR.  FUHS said  no.   He pointed  out that  once those  loans are                                                               
taken  out, payments  must be  made, regardless  of whether  that                                                               
money is actually  being used, and that there will  be five years                                                               
of building the  project before any revenues come  in.  Referring                                                               
to last year's  HB 423 with regard to the  Alaska Housing Finance                                                               
Corporation,  Mr.  Fuhs  said  there  might  be  the  ability  to                                                               
arbitrage these  bonds and  even generate  some revenues  for the                                                               
State  of  Alaska.    Although  more  complicated,  he  said,  it                                                               
potentially exists once a project is actually going forward.                                                                    
                                                                                                                                
Number 2194                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD suggested those  bonds might be virtually                                                               
free if current  low interest rates were taken  advantage of [and                                                               
if it were leveraged well].                                                                                                     
                                                                                                                                
MR.  FUHS replied,  "Yes, sir,  but there's  also some  potential                                                               
risk for  that."   He added  that for the  George K.  Baum model,                                                               
interest  rates  were  about  5.6   percent,  an  extremely  good                                                               
interest rate for a project of this type.                                                                                       
                                                                                                                                
Number 2160                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  referred to ARRC's fiscal  note and observed                                                               
that  it shows  a  cost  of $163  million  for  fiscal year  2006                                                               
(FY 06).  He requested an explanation from Mr. O'Leary.                                                                         
                                                                                                                                
MR. O'LEARY responded:                                                                                                          
                                                                                                                                
     The fiscal note  in front of you does show,  in 2006, a                                                                    
     $163-million expense funded  through the bond proceeds.                                                                    
     And this  is an estimate  of the bond issuance  costs -                                                                    
     what  it  would actually  cost  to  issue these  bonds.                                                                    
     And,  of  course,   this  is  based  on   a  number  of                                                                    
     assumptions.  ... It's  important to  realize that  the                                                                    
     model for this fiscal note  is based upon the work that                                                                    
     was done  last year  by the  Department of  Revenue and                                                                    
     Goldman Sachs  when this  issue sort  of came  to light                                                                    
     about a  year or 15 months  ago.  So this  fiscal note,                                                                    
     again, is  based on that  model and shows in  2006, ...                                                                    
     when the  initial [issuance]  would certainly  be, that                                                                    
     [this] would be our best  estimate of what the costs of                                                                    
     issuance would be.                                                                                                         
                                                                                                                                
     Those costs  would be funded through  the bond proceeds                                                                    
     themselves.   So to your  question about impact  to the                                                                    
     state,  there would  be ...  certainly no  general fund                                                                    
     impact.                                                                                                                    
                                                                                                                                
Number 2061                                                                                                                     
                                                                                                                                
CHAIR KOHRING asked whether there was further discussion and                                                                    
thanked participants.                                                                                                           
                                                                                                                                
Number 2022                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE moved to report  HB 267 out of committee with                                                               
individual  recommendations  and  the accompanying  fiscal  note.                                                               
There  being no  objection, HB  267 was  reported from  the House                                                               
Special Committee on Oil and Gas.                                                                                               
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Oil and Gas meeting was adjourned at                                                                       
4:25 p.m.                                                                                                                       

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