Legislature(2003 - 2004)

05/01/2003 03:26 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                                                                           
                          May 1, 2003                                                                                           
                           3:26 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Vic Kohring, Chair                                                                                               
Representative Hugh Fate                                                                                                        
Representative Jim Holm                                                                                                         
Representative Lesil McGuire                                                                                                    
Representative Norman Rokeberg                                                                                                  
Representative Harry Crawford                                                                                                   
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Mike Chenault                                                                                                    
                                                                                                                                
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."                                                                                                                          
                                                                                                                                
     - MOVED CSHB 277(O&G) OUT OF COMMITTEE                                                                                     
                                                                                                                                
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                                                                   
04/24/03                (H)        Heard & Held                                                                                 
04/24/03                (H)        MINUTE(O&G)                                                                                  
04/29/03                (H)        O&G AT 3:15 PM CAPITOL 124                                                                   
04/29/03                (H)        Scheduled But Not Heard                                                                      
05/01/03                (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; presented                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
AL BOLEA, President                                                                                                             
BP Pipelines (Alaska) Inc.                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 277.                                                                            
                                                                                                                                
MARK HANLEY, Public Affairs Manager, Alaska                                                                                     
Anadarko Petroleum Corporation                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified  that significant  problems exist                                                               
with HB  277 even  after Amendment  1; said  it will  create more                                                               
uncertainty for  some, that the  Regulatory Commission  of Alaska                                                               
(RCA) is necessary, and that the existing process is fair.                                                                      
                                                                                                                                
GENE BURDEN, Senior Vice President for Government Relations                                                                     
Tesoro Petroleum Corporation                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified that his  company has significant                                                               
issues with HB 277, although glad for Amendment 1.                                                                              
                                                                                                                                
ROBIN O. BRENA, Attorney at Law                                                                                                 
Brena, Bell & Clarkson                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  in opposition  to  HB  277  as                                                               
attorney who represents  Tesoro before RCA; said  the RCA process                                                               
is working; asked that facilities  regulation not be removed from                                                               
the Alaska Pipeline  Act and that options not be  taken away from                                                               
the state; answered questions.                                                                                                  
                                                                                                                                
GREGG D. RENKES, Attorney General                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on  HB 277, specifying that he was                                                               
speaking on  behalf of the  Department of Law, the  Department of                                                               
Natural Resources,  the Department of Revenue,  the governor, and                                                               
the administration; said the bill  was acceptable as amended, but                                                               
suggested possible areas of improvement.                                                                                        
                                                                                                                                
DAVE HARBOUR, Chairman                                                                                                          
Regulatory Commission of Alaska (RCA)                                                                                           
Department of Community and Economic Development (DCED)                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Expressed concerns  that HB 277  will erode                                                               
the regulatory  scheme; suggested  following the  money; answered                                                               
questions.                                                                                                                      
                                                                                                                                
JEFF COOK, Vice President of External Affairs                                                                                   
Williams Alaska Petroleum, Inc.                                                                                                 
North Pole, Alaska                                                                                                              
POSITION  STATEMENT:   Testified on  HB 277,  saying Amendment  1                                                               
helps but  that concerns remain;  emphasized need for  an ability                                                               
to appeal rates.                                                                                                                
                                                                                                                                
MARGARET A. YAEGE, Vice President for Prudhoe Bay                                                                               
ConocoPhillips Alaska, Inc.;                                                                                                    
President, PHILLIPS Alaska Pipelines                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   During  hearing on  HB 277,  emphasized the                                                               
desire for certainty.                                                                                                           
                                                                                                                                
RANDAL G. BUCKENDORF, Counsel                                                                                                   
Anchorage Legal Department                                                                                                      
ConocoPhillips Alaska, Inc.                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in support of moving  HB 277 from                                                               
committee, but suggested the need for clarifying amendments.                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-20, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR VIC KOHRING  called the House Special Committee  on Oil and                                                             
Gas  meeting to  order  at 3:26  p.m.   Representatives  Kohring,                                                               
Holm,   and   Fate  were   present   at   the  call   to   order;                                                               
Representatives   Kerttula  and   Crawford  arrived   immediately                                                               
thereafter.  Representatives McGuire  and Rokeberg arrived as the                                                               
meeting  was  in  progress.    Also  present  was  Representative                                                               
Chenault.                                                                                                                       
                                                                                                                                
HB 277-PIPELINE UTILITIES REGULATION                                                                                          
                                                                                                                                
Number 0047                                                                                                                     
                                                                                                                                
CHAIR KOHRING announced that the  committee would hear 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."                                                                                               
                                                                                                                                
Number 0081                                                                                                                     
                                                                                                                                
REPRESENTATIVE   NANCY  DAHLSTROM,   Alaska  State   Legislature,                                                               
sponsor of HB 277, brought  attention to Amendment 1, labeled 23-                                                               
LS0980\D.1, Craver, 5/1/03, which read:                                                                                         
                                                                                                                                
     Page 1, lines 5 - 8:                                                                                                       
          Delete "; 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"                                                                                                                    
                                                                                                                                
     Page 4, lines 11 - 24:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 6, line 7:                                                                                                            
          Delete "Sections 1 - 7 and 9 of this Act apply"                                                                       
          Insert "This Act applies"                                                                                             
                                                                                                                                
     Page 6, line 9:                                                                                                            
          Delete "of secs. 1 - 7 and 9"                                                                                         
                                                                                                                                
     Page 6, lines 10 - 19:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
Number 0160                                                                                                                     
                                                                                                                                
REPRESENTATIVE   DAHLSTROM,   noting    that   she'd   met   with                                                               
stakeholders,  indicated   her  goal   is  to   have  legislation                                                               
acceptable to  all parties, and  thus the amendment  removes some                                                               
of the more contentious bill sections.                                                                                          
                                                                                                                                
The committee  took an  at-ease from  3:27 p.m.  to 3:28  p.m. to                                                               
distribute  copies   of  the  amendment,  which   had  just  been                                                               
provided.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  explained  that  Amendment  1  removes                                                               
Sections 5 and 9.                                                                                                               
                                                                                                                                
CHAIR KOHRING suggested adopting it before the public hearing.                                                                  
                                                                                                                                
Number 0602                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM moved  to adopt  Amendment 1  [text provided                                                               
previously].  There being no objection, it was so ordered.                                                                      
                                                                                                                                
Number 0668                                                                                                                     
                                                                                                                                
AL BOLEA,  President, BP Pipelines  (Alaska) Inc., noted  that he                                                               
is  the  performance  unit leader  for  his  company's  midstream                                                               
assets in Alaska, which includes  all its interests in the Trans-                                                               
Alaska Pipeline System  (TAPS) and the ships  that carry Alaska's                                                               
crude  oil to  West  Coast markets.   He  thanked  the chair  and                                                               
members for meeting  with him during the past couple  of weeks to                                                               
discuss this bill.  He then told the committee:                                                                                 
                                                                                                                                
     As  you   know,  BP  strongly   supports  HB   277  and                                                                    
     encourages  this committee  to facilitate  its movement                                                                    
     through  the legislative  process. ...  We support  the                                                                    
     bill  because it  helps to  correct many  serious flaws                                                                    
     that currently exist in the  Alaska Pipeline Act [APA].                                                                    
     These   flaws  create   uncertainty  for   current  and                                                                    
     potential future investments, and  must be rectified to                                                                    
     ensure a  healthy oil and  gas industry in Alaska.   In                                                                    
     fact, these flaws  are so significant, they  need to be                                                                    
     addressed to  ensure investment  in risky  ... projects                                                                    
     like the Alaska natural gas pipeline.                                                                                      
                                                                                                                                
     While I will not cover  all of the deficiencies nor all                                                                    
     the recommended  changes in the  pipeline Act,  I would                                                                    
     like to  touch on just a  few key points.   The current                                                                    
     language in  the pipeline Act creates  uncertainty over                                                                    
     jurisdictional  issues,  creating  unnecessary  overlap                                                                    
     between regulatory agencies.   This has allowed special                                                                    
     interests to  push the Regulatory Commission  of Alaska                                                                    
     onto a path of what  I call "jurisdictional creep" into                                                                    
     areas  [for]  which  other  agencies  are  responsible.                                                                    
     This  "creep"  has  created an  awkward  situation,  it                                                                    
     seems  to  us, in  which  the  RCA is  creating  public                                                                    
     policy by  undoing the actions  of other  agencies that                                                                    
     are  implementing  their  regulatory  responsibilities.                                                                    
     We  had  always operated  on  the  assumption that  the                                                                    
     legislature  and administration  create public  policy,                                                                    
     not the regulators.                                                                                                        
                                                                                                                                
     House Bill 277  goes a long way toward  fixing such ...                                                                    
     problems in  that, ... first,  it clarifies  that RCA's                                                                    
     jurisdiction is  limited to  intrastate transportation,                                                                    
     with  the FERC  [Federal Energy  Regulatory Commission]                                                                    
     having jurisdiction  over interstate  matters including                                                                    
     interstate  dismantlement, removal,  and restoration  -                                                                    
     DR&R -  expenditures.  Second, it  eliminates the RCA's                                                                    
     jurisdiction  over state  right-of-way  leases and  oil                                                                    
     and  gas leases,  and  clarifies  their authority  over                                                                    
     DR&R.    The Department of Natural  Resources [DNR] has                                                                    
     jurisdiction  ...  over  these matters  and  serves  to                                                                    
     protect public interest.                                                                                                   
                                                                                                                                
Number 0827                                                                                                                     
                                                                                                                                
MR. BOLEA, noting  that Amendment 1 removed  Section 5, addressed                                                               
remaining  changes proposed  in  the bill.   He  said  one is  to                                                               
clarify that the interest rate  applicable to RCA-ordered refunds                                                               
is "consistent  with the main body  of Alaska law and  is not ...                                                               
the  punitive rate  of 10.5  percent being  sought by  Tesoro and                                                               
Williams."  Finally, the Act,  as amended, clarifies that the RCA                                                               
has  jurisdiction  over  intrastate transportation  services;  he                                                               
said  other regulatory  bodies  have  jurisdiction over  physical                                                               
components of the pipeline system.  He told members:                                                                            
                                                                                                                                
     Together, the  amended Act helps to  reduce uncertainty                                                                    
     in  a  way that  will  encourage,  rather than  reduce,                                                                    
     investment  in  Alaska.    You  will,  no  doubt,  hear                                                                    
     negative ... testimony that  encourages you to maintain                                                                    
     the existing  language.  Those  special-interest voices                                                                    
     are  not  the ones  spending  hundreds  of millions  of                                                                    
     dollars on  capital projects every  year.  But BP  is -                                                                    
     $750 million this year on  capital alone.  They are not                                                                    
     the largest  private industry investor  in Alaska.   BP                                                                    
     is.   We invest  in Alaska because  it makes  sense for                                                                    
     our business, and [it] has been  done in a way that has                                                                    
     made mutual  benefits for the  residents of  this state                                                                    
     and our shareholders.                                                                                                      
                                                                                                                                
     In  closing  my  testimony,  we  believe  those  mutual                                                                    
     benefits  can and  should continue.    Your support  of                                                                    
     House Bill 277  will help the  state move forward  in a                                                                    
     very positive  way.  It is  a bill vital to  the future                                                                    
     of  this state,  a bill  that is  one of  the essential                                                                    
     ingredients that  can support an Alaska  [gas] pipeline                                                                    
     becoming a reality.                                                                                                        
                                                                                                                                
MR.  BOLEA told  members that  because of  current litigation  on                                                               
pipeline issues,  he'd asked the company's  attorney, Jim Decker,                                                               
to join him in handling any questions.                                                                                          
                                                                                                                                
Number 1046                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD asked  Mr. Bolea how he  proposed to make                                                               
the interest rate fair and equitable.                                                                                           
                                                                                                                                
MR.  BOLEA recommended  that the  Alaska Pipeline  Act adopt  the                                                               
same  rates  as "all  the  other  main  body  of the  Alaska  ...                                                               
legislation adopted in 1997, which is  a floating rate."  He said                                                               
those floating rates are public information.                                                                                    
                                                                                                                                
Number 1181                                                                                                                     
                                                                                                                                
MARK HANLEY,  Public Affairs Manager, Alaska,  Anadarko Petroleum                                                               
Corporation,  indicated  his  company  is one  of  the  so-called                                                               
special interests [referred to by Mr. Bolea].  He told members:                                                                 
                                                                                                                                
     We're   one   of   the  world's   largest   independent                                                                    
     exploration companies,  and we  are very  interested in                                                                    
     the exploration  potential in Alaska.   We're investing                                                                    
     more  all the  time.   We do  not invest  the kinds  of                                                                    
     dollars  yet that  BP and  others do.   We're  actually                                                                    
     partners  with   some  of  the  people,   and  actually                                                                    
     ConocoPhillips  is   one  of   our  good   partners  in                                                                    
     exploring for oil and gas in  Alaska.  But at times you                                                                    
     have differences with your partners.                                                                                       
                                                                                                                                
Number 1245                                                                                                                     
                                                                                                                                
MR.  HANLEY  called  attention to  a  complicated,  486-page  RCA                                                               
decision issued  last December, noting  that tens of  millions of                                                               
dollars were  spent in five years  trying to determine what  is a                                                               
just and  reasonable rate  for shipping  oil down  this pipeline.                                                               
He told members:                                                                                                                
                                                                                                                                
     Let  me just  summarize  ... what  they  found, what  I                                                                    
     think the  real issue here  is. ... And the  real issue                                                                    
     is  that  rates in  Alaska  are  ... substantially  too                                                                    
     high.  And  according to the RCA, the  carriers in this                                                                    
     state  have  collected  from the  shippers  almost  $10                                                                    
     billion  in excess  of  what is  a  reasonable rate  of                                                                    
     return.   That  allows  them to  collect their  capital                                                                    
     investment,  their operating  costs,  and a  reasonable                                                                    
     rate  of return  - and,  on  top of  that, they've  got                                                                    
     another $10 billion.                                                                                                       
                                                                                                                                
     That's what this  is about - it's a lot  of money.  And                                                                    
     people are  trying to protect  that money, and  I can't                                                                    
     say  as I  blame them.   On  the other  hand, companies                                                                    
     like  ours, if  we're forced  to pay  $1.00 or  $1.50 a                                                                    
     barrel  too much  in  transportation  costs, it  really                                                                    
     affects the economics of our projects.                                                                                     
                                                                                                                                
     Now, companies that are integrated  - that own both the                                                                    
     exploration  side and  the transportation  side -  they                                                                    
     can  take the  profit on  either side.   And,  in fact,                                                                    
     every dollar in excess  of transportation costs above a                                                                    
     reasonable rate costs the state  25 cents.  They get to                                                                    
     deduct their  transportation costs before they  have to                                                                    
     pay  royalties   and  severances.    So   there  is  an                                                                    
     incentive  for  companies  who are  carriers  to  shift                                                                    
     costs to a pipeline.                                                                                                       
                                                                                                                                
     The  way  we  are protected,  both  in-state  refiners,                                                                    
     exploration  companies -  both independents  and majors                                                                    
     that do  not own  part of the  pipeline -  [is] through                                                                    
     the regulation  of that  pipeline.   And for  the first                                                                    
     time since 1977, someone - the  FERC or the RCA, and in                                                                    
     this case  the RCA  - made a  judgment call  that those                                                                    
     rates  were excessive.  ... To  be  very clear,  that's                                                                    
     exactly what this bill is about, in most cases.                                                                            
                                                                                                                                
Number 1402                                                                                                                     
                                                                                                                                
MR.  HANLEY thanked  Representative  Dahlstrom  for Amendment  1,                                                               
which  removed sections  he believed  to be  onerous and  thereby                                                               
improved  the bill.    He  said, however,  that  the company  has                                                               
significant  problems with  the rest  of the  bill as  well.   He                                                               
explained, "It  continually pecks  away at  the authority  of the                                                               
RCA to  effectively determine whether  or not rates are  just and                                                               
reasonable.   And I  think for  people that  come in  the future,                                                               
exploration companies  and others,  it's critical that  they have                                                               
that authority."                                                                                                                
                                                                                                                                
MR.  HANLEY  referred  to written  testimony  submitted  by  Dave                                                               
Harbour, chair of RCA, and said:                                                                                                
                                                                                                                                
     He  goes  through  section by  section,  not  just  the                                                                    
     sections that  were removed, and explains  the problems                                                                    
     or concerns,  I guess,  from his perspective,  with the                                                                    
     bill, suggesting  that it does undo  several recent RCA                                                                    
     decisions  and ...  makes  significant  changes to  the                                                                    
     RCA's role in regulating  all pipelines, in response to                                                                    
     one or  two [what] he calls  "special interest parties"                                                                    
     attempting  to  reverse  an RCA  order  only  affecting                                                                    
     TAPS.                                                                                                                      
                                                                                                                                
     So I  just want to say  that we would agree  with a lot                                                                    
     of the things  that he has said here.   I will say that                                                                    
     there are people following me  who have an awful lot of                                                                    
     expertise  ... in  these fields.    It's very  complex.                                                                    
     There are integrated pieces of this program.                                                                               
                                                                                                                                
     There's a report  from ... a professor of  law from the                                                                    
     University of Texas who helped  write the pipeline Act,                                                                    
     and it talks about  the nature and constitutional basis                                                                    
     and explanation  of the proposed  pipeline legislation.                                                                    
     And as  you go through  here - this  is from 1972  - it                                                                    
     was the basis for how this  was put together.  And they                                                                    
     are very linked pieces.                                                                                                    
                                                                                                                                
MR. HANLEY  suggested reading the foregoing  because it describes                                                               
exactly why this was  put together the way it was.   He added, "I                                                               
would suggest  that they  would not claim  it's duplicative.   It                                                               
protects the state's rights in many instances."                                                                                 
                                                                                                                                
Number 1556                                                                                                                     
                                                                                                                                
MR. HANLEY referred to reasons  for the original pipeline Act and                                                               
read from a report titled The Politics of Oil:                                                                                
                                                                                                                                
     The   independent   producer's    oil   is   frequently                                                                    
     discriminated against through a  range of practices and                                                                    
     in effect flows  only at the direction  of the pipeline                                                                    
     company.      The   pipelines  serve   to   limit   the                                                                    
     marketability  of crude  oil produced  by nonintegrated                                                                    
     companies, forcing them to sell  at the wellhead.  They                                                                    
     also  block  the   purchases  of  independent  refiners                                                                    
     located  ...   away  from  the  fields,   while  giving                                                                    
     advantage to the integrated company  that may build its                                                                    
     refineries near consumer centers.                                                                                          
                                                                                                                                
MR. HANLEY  said that 86-page  report from 1967  anticipates what                                                               
will happen in the future  for carriers, "exploration folks," and                                                               
refiners.  He cautioned about  removing pieces from RCA that were                                                               
put together as part of  this package in a comprehensive fashion.                                                               
He urged thorough evaluation and said:                                                                                          
                                                                                                                                
     We feel pretty  strongly that some of  the pieces being                                                                    
     pulled  out  of   here  are  going  to   make  it  more                                                                    
     difficult;  they're going  create more  uncertainty for                                                                    
     us.   They may  create more certainty  for some  of the                                                                    
     other players, but  I can tell you, for  people like us                                                                    
     that  don't own  the pipe,  it's going  to create  more                                                                    
     uncertainty.                                                                                                               
                                                                                                                                
MR. HANLEY again  encouraged members to spend  time reviewing the                                                               
issues and listening to experts who would testify after him.                                                                    
                                                                                                                                
Number 1667                                                                                                                     
                                                                                                                                
CHAIR   KOHRING,  acknowledging   that   opinions  differ   among                                                               
committee members  as to what  RCA's role should be,  opined that                                                               
perhaps RCA over the years  had become onerous and controlling of                                                               
the  marketplace.    He  offered  his  belief  that  government's                                                               
involvement should  be as little as  possible, removing obstacles                                                               
but not  guaranteeing any market  share or providing  any special                                                               
considerations for participants.                                                                                                
                                                                                                                                
Number 1736                                                                                                                     
                                                                                                                                
MR. HANLEY  responded that when there  is a monopoly, there  is a                                                               
reason  for regulation.   He  said his  company would  agree with                                                               
wanting  the  minimal  regulation possible,  but  emphasized  the                                                               
desire to  have reasonable  rates.  He  added that  some sections                                                               
removed by Amendment 1 would have  made Alaska unique in the U.S.                                                               
in how  rates are set,  and suggested  Alaska doesn't want  to be                                                               
known as  the state that  is unable  to review whether  rates are                                                               
just and  reasonable.  Noting that  there is an ability  to shift                                                               
rates up and down and thus recover costs, he went on to say:                                                                    
                                                                                                                                
     We're  just looking  for reasonable  rates.   That's  a                                                                    
     standard   process   around   the  country.   ...   The                                                                    
     interesting  thing  is,  I   haven't  heard  the  other                                                                    
     companies  suggest that  the  decision  has been  wrong                                                                    
     that was made out there,  that suggested that the rates                                                                    
     were  excessive. ...  The state  is losing  potentially                                                                    
     billions  of dollars,  companies  like  ours are  being                                                                    
     affected,  and future  exploration  is being  affected.                                                                    
     So I  would agree with  you that we're not  looking for                                                                    
     excessive  regulation.  But  at  some  point  you  need                                                                    
     somebody, on a regulated  monopoly, to determine what a                                                                    
     fair rate is.                                                                                                              
                                                                                                                                
CHAIR  KOHRING said  he  disagreed in  large  part but  respected                                                               
Mr. Hanley's opinion.                                                                                                           
                                                                                                                                
Number 1834                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  asked whether,  without RCA in  place, there                                                               
would  be  very little  regulation  of  what  is charged  on  the                                                               
pipeline with regard to transportation costs.                                                                                   
                                                                                                                                
MR.  HANLEY replied  that it  is RCA's  job to  set rates  on the                                                               
intrastate  portion.    It  evaluates   costs  that  need  to  be                                                               
recovered as well as the  operating costs, the capital costs that                                                               
have been invested, and amounts for DR&R.                                                                                       
                                                                                                                                
Number 1874                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM asked  Mr. Hanley whether he  believes RCA is                                                               
necessary to the state in order to have this process.                                                                           
                                                                                                                                
REPRESENTATIVE HANLEY  said yes, he  absolutely believes it  is a                                                               
necessity, unless it is replaced and called something different.                                                                
                                                                                                                                
Number 1902                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM asked  where FERC fits in and  how Mr. Hanley                                                               
would like  to see the process  be more fair to  people who don't                                                               
own the pipeline with regard to developing the rates.                                                                           
                                                                                                                                
MR.  HANLEY  replied that  he  believes  the basic  process  that                                                               
exists is appropriate.  He explained:                                                                                           
                                                                                                                                
     If we  see an  unjust rate,  we are able  to go  to the                                                                    
     Regulatory  Commission of  Alaska for  intrastate rates                                                                    
     and appeal it  on that basis.  If we  feel there's [an]                                                                    
     inappropriate rate on an interstate  rate, we can go to                                                                    
     the FERC  and appeal it  ... at that  place.  So  ... I                                                                    
     guess I  would say the  system, as it exists,  gives us                                                                    
     the ability  and gives those  agencies the  ability and                                                                    
     the authority to review rates  to determine if they are                                                                    
     just and reasonable.  And  I think that's what we would                                                                    
     support.                                                                                                                   
                                                                                                                                
REPRESENTATIVE HOLM said he wasn't sure he agreed.                                                                              
                                                                                                                                
Number 1983                                                                                                                     
                                                                                                                                
GENE  BURDEN, Senior  Vice  President  for Government  Relations,                                                               
Tesoro  Petroleum Corporation,  requested that  Robin Brena  join                                                               
him at the  witness table.  Referring  to Mr. Hanley's testimony,                                                               
he  agreed that  Amendment 1  helps but  that significant  issues                                                               
remain with the rest of the bill.  He told members:                                                                             
                                                                                                                                
     Tesoro is an operator of  a refinery, a small pipeline,                                                                    
     [and] service stations in Alaska  - about 600 employees                                                                    
     in the  state.  And we  are very much dependent  on the                                                                    
     intrastate shipment  of crude  oil from both  the North                                                                    
     Slope and  from the  Cook Inlet  area to  our refinery;                                                                    
     that's  what we  operate  with.   And  over the  years,                                                                    
     going back  to the early days,  transportation of crude                                                                    
     oil  on   the  trans-Alaska   pipeline,  we   bought  a                                                                    
     considerable amount  of royalty crude oil  and oil from                                                                    
     some of  the producers  ... on the  Slope.   Over those                                                                    
     same years,  we became increasingly concerned  that the                                                                    
     rates that were  being charged on the  line were worthy                                                                    
     of investigation because,  as was previously indicated,                                                                    
     there never  had been  a determination  of what  a just                                                                    
     and reasonable  rate is  for the  trans-Alaska pipeline                                                                    
     until this decision that recently was issued by RCA.                                                                       
                                                                                                                                
MR.  BURDEN said  he wouldn't  cover points  just covered  by Mr.                                                               
Hanley, who did  a great job, but would relay  a couple of points                                                               
before deferring to Mr. Brena.  He told members:                                                                                
                                                                                                                                
     This  issue has  tremendous financial  implications for                                                                    
     independent  refiners and  for independent  exploration                                                                    
     and production  companies in the  state.  And,  just as                                                                    
     importantly, it's got  tremendous economic implications                                                                    
     to the  State of  Alaska.  Even  taking Section  5 out,                                                                    
     the issues dealing with ...  DR&R ... are [of] enormous                                                                    
     potential to  the coffers  of the  State of  Alaska, as                                                                    
     well as to the future of the operation of that line.                                                                       
                                                                                                                                
Number 2133                                                                                                                     
                                                                                                                                
MR. BURDEN  said he'd spoken  with some legislators  and received                                                               
the  impression  that  there'd   been  a  misunderstanding.    He                                                               
explained:                                                                                                                      
                                                                                                                                
     A  lot   of  the   incentive  towards   moving  forward                                                                    
     initially with  this bill was  based on a  comment that                                                                    
     was  in  a  letter  dated  March  ...  26,  2003,  from                                                                    
     Mr. Gallagher   of  ConocoPhillips   to  Representative                                                                    
     Anderson, seeking  rate certainty for all  shippers and                                                                    
     ...   essentially   indicating  that   the   Regulatory                                                                    
     Commission of  Alaska had  overturned a  1986 agreement                                                                    
     with the state that ended seven years of litigation.                                                                       
                                                                                                                                
     And that's just not the case.   The decision of RCA did                                                                    
     not overturn  the agreement between  the state  and the                                                                    
     TAPS  owners.   The  decision  was  exactly within  the                                                                    
     provisions that the  TAPS owners expressly acknowledged                                                                    
     at the time that settlement was reached.                                                                                   
                                                                                                                                
Number 2203                                                                                                                     
                                                                                                                                
MR. BURDEN reported that he'd looked  at the record from the time                                                               
of  that agreement,  both written  and [recorded]  testimony from                                                               
the State of Alaska and the TAPS  owners.  He said the record has                                                               
abundant occasions  when there were  statements such as  one made                                                               
in a  brief from  the State  of Alaska  in support  of commission                                                               
approval of the TAPS settlement  agreement:  "Alaska and the TAPS                                                               
carriers  have explicitly  asked  the commission  to approve  the                                                               
settlement  on the  basis that  Petro Star,  AEC [Alberta  Energy                                                               
Company  Ltd.],  and   future  shippers  not  be   bound  by  the                                                               
agreement's terms."  Mr. Burden went on to say:                                                                                 
                                                                                                                                
     The TAPS carriers repeatedly  expressed the same thing,                                                                    
     both   in  writing   and   in   testimony  before   the                                                                    
     commission, as  this was being  approved.   Counsel for                                                                    
     the TAPS carriers, I quote:   "Nothing in the agreement                                                                    
     deprives the commission of its  jurisdiction to look in                                                                    
     the  future   at  whether  the  TSM   [TAPS  settlement                                                                    
     methodology]  rates  are  unreasonably high."    That's                                                                    
     exactly what took place.                                                                                                   
                                                                                                                                
     When we  talk about deals,  this was part of  the deal.                                                                    
     And in retrospect,  ... we can look back and  we can be                                                                    
     critical  of the  deal the  state reached  and say  the                                                                    
     state left  a lot of  money on  the table.   That's for                                                                    
     somebody  else to  determine.   That  was  part of  the                                                                    
     deal.   The  fact is,  having the  ability of  shippers                                                                    
     that were not signatory to  the deal raise questions as                                                                    
     to "just  and reasonable  rates" was  also part  of the                                                                    
     deal.                                                                                                                      
                                                                                                                                
     ... We have taken exception  through the last few weeks                                                                    
     as we've  heard representations  to the fact  that this                                                                    
     is something  needed in reaction  to a decision  by RCA                                                                    
     that interfered  with or  reversed the  deal.   It just                                                                    
     didn't do that.                                                                                                            
                                                                                                                                
Number 2339                                                                                                                     
                                                                                                                                
ROBIN  O.  BRENA,  Attorney  at  Law;  Brena,  Bell  &  Clarkson,                                                               
speaking as  the attorney  for Tesoro  Alaska Company  on matters                                                               
before  the Regulatory  Commission  of Alaska  (RCA), noted  that                                                               
he'd  distributed  his testimony  and  bullet  points.   He  told                                                               
members:                                                                                                                        
                                                                                                                                
     Where I think  we would all agree ...  is that Alaska's                                                                    
     natural resources  should be developed  efficiently and                                                                    
     fairly. ...  I think we'd  all agree that  the refinery                                                                    
     infrastructure should  be viable within the  state.  In                                                                    
     order  to accomplish  those  goals, the  transportation                                                                    
     rates on  the Trans-Alaska  Pipeline System have  to be                                                                    
     fair.  If they're  not fair, then independent producers                                                                    
     will be forced  off the Slope because they  have to pay                                                                    
     too much  money to  transport their  crude oil  off the                                                                    
     Slope.                                                                                                                     
                                                                                                                                
     It  wasn't   that  many  years  ago,   members  of  the                                                                    
     committee  will remember,  when  Conoco was  explaining                                                                    
     why  they left  Milne Point  and  sold it.   And  their                                                                    
     explanation was  simple:  "The transportation  rates on                                                                    
     TAPS are  too high  for us to  develop the  Milne Point                                                                    
     field."   Conoco  was an  independent producer  at that                                                                    
     time and  had no interest in  the Trans-Alaska Pipeline                                                                    
     System, and they were forced  out of Alaska because the                                                                    
     TAPS rates  were too high.   If the TAPS rates  are too                                                                    
     high, the state doesn't get its fair share of revenue.                                                                     
                                                                                                                                
     ... For  every dollar  that the transportation  rate is                                                                    
     too high,  there's 25 percent  of that that  is royalty                                                                    
     and  severance  taxes  due  the  state,  so  the  state                                                                    
     doesn't get  its fair share  if the TAPS rates  are too                                                                    
     high.   And,  in fact,  the current  rates on  TAPS are                                                                    
     costing  the  State of  Alaska  between  $120 and  $150                                                                    
     million  each year  because of  the current  settlement                                                                    
     that the  state is in.   So if the rates  are too high,                                                                    
     it's not fair to the state.                                                                                                
                                                                                                                                
     Finally, if  the rates are  too high, it's not  fair to                                                                    
     the refiners  and the shippers  who are  the ratepayers                                                                    
     on this system.   We pay these rates.   I am the person                                                                    
     who  filed the  protest on  behalf of  Tesoro to  get a                                                                    
     fair rate  for my  client in late  1996.   We protested                                                                    
     the 1997 rates.                                                                                                            
                                                                                                                                
     For  the five  years prior  to that  protest, the  TAPS                                                                    
     carriers  had recovered  between  102  and 134  percent                                                                    
     return  on their  investment per  year.   Their  entire                                                                    
     remaining  investment  on   the  Trans-Alaska  Pipeline                                                                    
     System was  recovered every year for  five years before                                                                    
     we filed our protest.                                                                                                      
                                                                                                                                
Number 2476                                                                                                                     
                                                                                                                                
MR. BRENA  called RCA's  Order 151  an historic  decision because                                                               
it's  the  first time  standard  ratemaking  practices have  been                                                               
applied to TAPS in 25 years  of operation; it determined that the                                                               
TAPS carriers have  overcollected to date about $10  billion.  He                                                               
said it has  cost the state $2.5  billion to date; if  it goes on                                                               
for  another  10 years,  it  will  cost  the state  another  $2.5                                                               
billion.  He  told members transportation rates are  a real issue                                                               
and that Order 151 set a  just and reasonable rate.  Referring to                                                               
Chair Kohring's remarks earlier, he added:                                                                                      
                                                                                                                                
     No,  I do  not believe  that the  RCA was  too onerous.                                                                    
     It's the  first time that a  fair rate got set  on this                                                                    
     line in  25 years.   It's what its  statutory authority                                                                    
     was to do.   And what did  it do?  It  allowed the TAPS                                                                    
     carriers  to collect  100 percent  of their  investment                                                                    
     ... without  any reduction whatsoever -  100 percent of                                                                    
     every  penny of  their  operating costs  - and  allowed                                                                    
     them a  14-percent return.   And  the amount  that they                                                                    
     collected above that  was $10 billion.  That  is what a                                                                    
     "just and reasonable" rate is.   The rates on this line                                                                    
     are way excessive.  They  hurt production on the Slope.                                                                    
     They  hurt  the  state's  revenues.     They  hurt  the                                                                    
     viability of the refining industry within ... Alaska.                                                                      
                                                                                                                                
     Without  regulation,  there's nothing  preventing  them                                                                    
     from charging $100 a  barrel and completely eliminating                                                                    
     all revenue from royalty and  severance taxes. ... They                                                                    
     would have  the complete  ... ability, without  a rate-                                                                    
     setting  process, to  force every  independent off  the                                                                    
     Slope and to  close down the viability  of the refining                                                                    
     industry in Alaska.  These are very important issues.                                                                      
                                                                                                                                
     What ... House Bill 277 ...  is about is that they lost                                                                    
     a rate  case and  a rate  got set that  was fair.   And                                                                    
     they don't  like that.  And  so they're here to  try to                                                                    
     undo that.                                                                                                                 
                                                                                                                                
Number 2602                                                                                                                     
                                                                                                                                
MR. BRENA addressed questions that had come up with regard to                                                                   
individual provisions.  With respect to facilities regulation                                                                   
and whether it is duplicative, he told members:                                                                                 
                                                                                                                                
     Let me say that what  the entire debate over facilities                                                                    
     regulation  truly  is,  is  the  fact  that  they  have                                                                    
     overcollected  DR&R by  over $10  billion  today.   Why                                                                    
     should the RCA have authority  over DR&R?  Because it's                                                                    
     paid  by the  ratepayer;  it's  the ratepayer's  money.                                                                    
     And so what  ... they're attempting to  do through this                                                                    
     legislation  is  -   after  they've  overcollected  $10                                                                    
     billion  from   the  ratepayer  -  they're   trying  to                                                                    
     foreclose the  ratepayer from receiving refunds  of any                                                                    
     of  those  overcollections.     And  the  vehicle  that                                                                    
     they're using is this bill.                                                                                                
                                                                                                                                
     ... If  you eliminate  facilities regulation  from this                                                                    
     line,  you  eliminate  access.   The  RCA  economically                                                                    
     regulates the  line.  That isn't  duplicative with what                                                                    
     DNR  does with  regard with  ... what  you can  do with                                                                    
     pumps  and  what  the right-of-way  terms  are.    It's                                                                    
     economic  regulation of  the  facilities and  carriers.                                                                    
     If somebody wants  to connect to this line,  that is an                                                                    
     issue for economic regulation.   And without facilities                                                                    
     regulation,  ...  someone can  be  denied  access to  a                                                                    
     common-carrier line. It goes  to [whether] the capacity                                                                    
     is  insufficient   to  provide   the  service.     With                                                                    
     facilities regulation  today, the TAPS carriers  can be                                                                    
     ordered to  expand capacity to meet  the service that's                                                                    
     necessary.                                                                                                                 
                                                                                                                                
Number 2685                                                                                                                     
                                                                                                                                
MR. BRENA continued:                                                                                                            
                                                                                                                                
     And abandonment  - you can't  shut the line  down until                                                                    
     there's  a  determination  that   it's  in  the  public                                                                    
     interest  to   do  so.    What   they  are  effectively                                                                    
     proposing  is the  federal regulatory  regime with  the                                                                    
     Alaska Pipeline  Act with regard to  facilities - which                                                                    
     is  to  say, FERC  has  no  authority over  facilities.                                                                    
     They  ... can't  say  who comes  into  business.   They                                                                    
     can't  say who  connects.   They can't  force the  TAPS                                                                    
     carriers to expand.   And ... whenever they  want to go                                                                    
     out of  business, they can  go out of business  ... and                                                                    
     the FERC has no authority  whatsoever to have a public-                                                                    
     interest hearing to determine  whether or not to permit                                                                    
     that.                                                                                                                      
                                                                                                                                
     So please don't  take the word "facilities"  out of the                                                                    
     Alaska  Pipeline Act.   I  have  a memo  ... I'll  make                                                                    
     available to the  committee.  It was  done by Professor                                                                    
     Witherspoon;  he   was  a  professor  of   law  at  the                                                                    
     University  of Texas.   He  drafted  both the  [Alaska]                                                                    
     Right-of-Way Leasing  Act and  ... the  Alaska Pipeline                                                                    
     Act.  He drafted them  so that the state would maximize                                                                    
     its power over its  common-carrier facilities. ... It's                                                                    
     an 80-page  report, and  it explains  ... that  ... the                                                                    
     basis for this  authority is what's necessary.   And in                                                                    
     a large  part why the  pipeline Act is written  the way                                                                    
     it is, is to solve the failure of the federal regime.                                                                      
                                                                                                                                
     So you've  got a good  Act here that's better  than the                                                                    
     federal  Act; you've  got the  person  that drafted  it                                                                    
     that  made  it  stronger,  that gave  this  state  more                                                                    
     options.    And  you're   talking  about  taking  those                                                                    
     options away from the state.  Please don't do that.                                                                        
                                                                                                                                
Number 2759                                                                                                                     
                                                                                                                                
MR. BRENA turned attention to the interest rate and said:                                                                       
                                                                                                                                
     We  looked  at this  issue.    I had  a  rate-of-return                                                                    
     person take a look at a  10-year period to see what the                                                                    
     internal rate of return on  capital for the TAPS owners                                                                    
     was.  It was 16.5 percent interest.                                                                                        
                                                                                                                                
     So bear in mind that  the only reason that they'll ever                                                                    
     have to  pay a  penny of  interest ...  is if  ... they                                                                    
     file a  rate they can't support.   If they file  a rate                                                                    
     they  can't support  and  they  overcollect from  their                                                                    
     ratepayers, then they have to  pay the money back; they                                                                    
     make 16.5  percent on  that money  that they  take that                                                                    
     they  can't support.   And  they  have to  pay it  back                                                                    
     currently at 10.5 [percent].                                                                                               
                                                                                                                                
     To make them  pay it back at 4 [percent]  gives them an                                                                    
     opportunity to  file whatever  rate they  want, collect                                                                    
     it  in the  three years  that it  takes to  resolve it,                                                                    
     make 16.5 percent - and that's  on our money - and then                                                                    
     pay  us back  4 [percent].   The  interest rate  in the                                                                    
     statute today is  too low and creates  an incentive for                                                                    
     the  TAPS  owners  to  charge  rates  that  they  can't                                                                    
     support.                                                                                                                   
                                                                                                                                
Number 2817                                                                                                                     
                                                                                                                                
MR. BRENA urged care with  regard to these issues.  Acknowledging                                                               
that he hadn't had time to  analyze [the amendment], he also said                                                               
the  bill  is  a  little   confusing  with  the  amendment.    He                                                               
explained:                                                                                                                      
                                                                                                                                
     It didn't  change that  orders go  forward, prospective                                                                    
     only.   That isn't  even what  the FERC  does.   Let me                                                                    
     give a hypothetical.   Let's say they  come in tomorrow                                                                    
     and  raise  their  rate  1,000  percent  and  they  ...                                                                    
     eliminate  the  economic   viability  of  the  refining                                                                    
     industry in  Alaska completely,  and they  collect that                                                                    
     rate.   And  we go  ask the  commission to  set a  fair                                                                    
     rate, and they  do, five years from now.   We don't get                                                                    
     any refund -  we don't get any money back.   I believe,                                                                    
     the way  ... this is  read, they  get to keep  all that                                                                    
     money; ...  they have the  complete authority  over ...                                                                    
     what they charge.                                                                                                          
                                                                                                                                
MR.  BRENA,   mentioning  the   possibility  of   overcharging  a                                                               
tremendous amount, referred  to page 6, lines  1-4, and requested                                                               
clarification by the  sponsor.  He said, "What  that provides now                                                               
is,  if  you determine  a  rate's  unjust and  unreasonable,  you                                                               
determine a  'just and reasonable' by  order.  But in  the future                                                               
language that's added,  it eliminates the opportunity  to go back                                                               
and ... get the money back."                                                                                                    
                                                                                                                                
Number 2900                                                                                                                     
                                                                                                                                
MR. BRENA  told members  the process is  working before  the RCA.                                                               
He explained:                                                                                                                   
                                                                                                                                
     I understand the RCA isn't  the favorite agency all the                                                                    
     time  with  the  legislature,   and  I  appreciate  the                                                                    
     legislature's attempt to make  it run more efficiently.                                                                    
     But when  they finally start doing  something right and                                                                    
     set fair rates on TAPS for  the first time in 25 years,                                                                    
     that's not the time to  go take their authority away to                                                                    
     do what they're  supposed to be doing.  So  I would ask                                                                    
     you not to do that.                                                                                                        
                                                                                                                                
MR. BRENA also  asked the sponsor to clarify whether  the bill is                                                               
intended  to  determine all  the  pending  litigation before  the                                                               
commission currently.  He added:                                                                                                
                                                                                                                                
     We  won a  rate case  and got  a fair  rate, and  we're                                                                    
     entitled to  some refunds.   And  their rates  are open                                                                    
     for a while.  And if  what they're trying to do is keep                                                                    
     the money  that they  weren't entitled to  collect from                                                                    
     us  ...  through  this  [legislation],  I'd  like  that                                                                    
     clearly stated.                                                                                                            
                                                                                                                                
MR. BRENA  noted that he  has done  rate litigation for  20 years                                                               
before FERC and before RCA and other state agencies.                                                                            
                                                                                                                                
Number 2968                                                                                                                     
                                                                                                                                
REPRESENTATIVE McGUIRE  referred to  a document mentioned  by Mr.                                                               
Brena from a professor in Texas.                                                                                                
                                                                                                                                
MR. BRENA said it explains  the constitutional basis and thinking                                                               
behind the way he'd drafted the Alaska Right-of-Way Leasing Act.                                                                
                                                                                                                                
TAPE 03-20, SIDE B                                                                                                            
Number 2966                                                                                                                     
                                                                                                                                
[Mr. Brena handed out copies of the 80-page document to                                                                         
members.]                                                                                                                       
                                                                                                                                
MR. BRENA noted that it explains the way the author set things                                                                  
up and all the good reasons for doing it, which [this bill                                                                      
contradicts].                                                                                                                   
                                                                                                                                
Number 2955                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM said:                                                                                                       
                                                                                                                                
     I'm not  sure I quite  understand why the rate  ... was                                                                    
     wrong for  25 years and then  all of a sudden  the rate                                                                    
     is right.   I know when I contract and  want rates with                                                                    
     my oil  company, I  pay them based  ... on  the dollars                                                                    
     per gallon  that I pay.   And when  I make a  deal with                                                                    
     them,  they have  to inform  me when  it changes  or so                                                                    
     forth and so  on.  Where was RCA in  the past 25 years?                                                                    
     And ...  to go along with  that, why did it  take you 5                                                                    
     years to file  ... a complaint when you  knew there was                                                                    
     a problem?                                                                                                                 
                                                                                                                                
MR. BRENA replied:                                                                                                              
                                                                                                                                
     First, to  the degree there  is blame to an  agency, it                                                                    
     was the  APUC [Alaska Public Utilities  Commission, the                                                                    
     predecessor  of RCA],  and the  RCA is  relatively new.                                                                    
     And since the  RCA has been there, to  its credit, it's                                                                    
     taken this issue on and set a fair rate. ...                                                                               
                                                                                                                                
     Let me  explain that,  in just trying  to set  this one                                                                    
     rate, the  TAPS owners spent $15  million in litigation                                                                    
     expenses  against  us.   So,  it's  not something  done                                                                    
     lightly.   Tesoro's crude  supply is  by some  of these                                                                    
     people.   The ...  regulatory system doesn't  work very                                                                    
     well if  the regulator isn't engaged  in protecting the                                                                    
     rights  of  the  ratepayer.     If  it  relies  on  the                                                                    
     ratepayers   who  have   business  relationships   with                                                                    
     others, it just doesn't work very well.                                                                                    
                                                                                                                                
     But   let  me   say   that,  ...   depending  on   your                                                                    
     perspective, perhaps,  and I won't ask  the people that                                                                    
     pay the  bill, ...  but they had  to file  cost reports                                                                    
     against us.   And when BP and  ConocoPhillips and Exxon                                                                    
     decide  they do  not  want to  be  subject to  economic                                                                    
     regulation by this state, this  state spent $35 million                                                                    
     trying to  get a just  and reasonable rate  before FERC                                                                    
     and was unable to do so,  and settled on rates that are                                                                    
     $150 million higher  than standard ratemaking practices                                                                    
     would allow. ... And the  state has the hugest interest                                                                    
     in all these issues.                                                                                                       
                                                                                                                                
     So why does a small guy  -- you know, there's a million                                                                    
     barrels a day going through,  and there's not very many                                                                    
     of them that are ours.   And they put huge resources to                                                                    
     avoid the economic regulation, and  they've done it for                                                                    
     years  so.   So we  were  the first  to challenge  this                                                                    
     rate, ...  but it  didn't come  lightly.   The decision                                                                    
     didn't come lightly, sir.                                                                                                  
                                                                                                                                
Number 2822                                                                                                                     
                                                                                                                                
MR. BRENA, in reply to questions from Representative Kerttula                                                                   
with regard to the intrastate-versus-interstate aspects, said:                                                                  
                                                                                                                                
     Where  should  the  RCA's authority  end  and  ...  the                                                                    
     FERC's  begin?    Under  the  current  law,  the  state                                                                    
     regulatory   agency  has   all  authority   that  isn't                                                                    
     preempted  by  federal law;  it's  a  clear line.    If                                                                    
     there's  federal  preemption,  the  commission  doesn't                                                                    
     have   authority;  if   there's  not,   they  do   have                                                                    
     authority.    I absolutely  know  where  that line  is.                                                                    
     There  is   no  federal   preemption  with   regard  to                                                                    
     facilities regulation.  There  is no federal preemption                                                                    
     with  regards  to abandonment.    There  is no  federal                                                                    
     preemption  with regard  to many  DR&R issues.  ... The                                                                    
     federal regime fails in all of those areas.                                                                                
                                                                                                                                
     So the state  authority is quite broad  in those areas.                                                                    
     I know  where that line  is, and  it needs to  be drawn                                                                    
     between intrastate  and interstate.  ... If  you change                                                                    
     the  jurisdictional provisions  of the  Alaska Pipeline                                                                    
     Act, I do  not know where the  jurisdictional line will                                                                    
     be  drawn, but  I  can guarantee  that  it'll be  drawn                                                                    
     after millions of dollars of  effort to try to find the                                                                    
     line that's being redrawn in  a couple of days that got                                                                    
     drawn by a professor after months of research.                                                                             
                                                                                                                                
Number 2722                                                                                                                     
                                                                                                                                
MR. BRENA continued:                                                                                                            
                                                                                                                                
     I believe  the other question  went ... to  the state's                                                                    
     TAPS settlement  agreement.  So let  me paraphrase that                                                                    
     entire  settlement agreement  in  a  sentence. ...  The                                                                    
     TAPS  carriers agreed  to charge  rates at  or below  a                                                                    
     ceiling  rate in  exchange for  the  State of  Alaska's                                                                    
     agreement not  to protest rates  set at the  ceiling or                                                                    
     lower  rate.     That's  it.  ...  You   get  into  the                                                                    
     methodology  of determining  ...  that  ceiling rate  -                                                                    
     doesn't matter.  That is the whole deal.                                                                                   
                                                                                                                                
     The deal  was also that it  only bound them.   And [Mr.                                                                    
     Burden's]  comments  and,  earlier, Section  5  -  what                                                                    
     Section 5 does is forces  the ceiling rate in this deal                                                                    
     on nonsignatory  parties.  It  forces us to  pay rates.                                                                    
     And the deal at the time  was -- I offered testimony in                                                                    
     support  of the  TAPS settlement  in 1986  when it  was                                                                    
     offered, so Tesoro  supported that.  But  it only bound                                                                    
     the state and TAPS owners,  and they told us in return,                                                                    
     if Tesoro  disagrees with ...  the ceiling  rate that's                                                                    
     set or any rate that's set,  they can go to the RCA and                                                                    
     set a fair rate.                                                                                                           
                                                                                                                                
     We've done  that.   And now they're  coming at  us with                                                                    
     [HB] 277  to try  and take back  what they  offered us,                                                                    
     but still keep the benefit of  the deal.  They have the                                                                    
     benefit  of   their  deal   because  the   state's  not                                                                    
     protesting their  rates; the state has  the benefits of                                                                    
     its deal  ... because the  TAPS carriers are  filing at                                                                    
     or below the  ceiling rate.  We're the  ones being left                                                                    
     out in the cold here.                                                                                                      
                                                                                                                                
Number 2634                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  acknowledged that  Mr. Brena  hadn't had                                                               
time to reanalyze the effect now  that Section 5 has been removed                                                               
by Amendment  1.   She then  asked how DR&R  is impacted  by this                                                               
bill.   She offered her  understanding that although RCA  has the                                                               
right to  deal with the rates,  it would be up  to the Department                                                               
of  Natural  Resources  (DNR)  and  possibly  the  Department  of                                                               
Environmental   Conservation  (DEC)   to  ensure   that  cleanup,                                                               
removal, and dismantling happen.  She requested confirmation.                                                                   
                                                                                                                                
MR. BRENA replied in the affirmative and said:                                                                                  
                                                                                                                                
     In  talking  about  DR&R,  let's   break  it  into  two                                                                    
     categories:    the  money  that's  collected  from  the                                                                    
     shippers  that  needs  to  be  collected  through  rate                                                                    
     regulation  ...  from  either  jurisdiction,  and  then                                                                    
     DNR's authority, ... my understanding  of it is exactly                                                                    
     how you stated it - they  have the right of lease; they                                                                    
     say what  needs to  come out.  ... Let  me give  you an                                                                    
     example.  Let's  say they collect $20  billion of DR&R.                                                                    
     They collect  and earn.   They have collected  from the                                                                    
     ratepayers  $1.6  billion  ...  of  DR&R,  and  they've                                                                    
     earned  an average  of 16.5  percent return  on [those]                                                                    
     funds ever since, ... starting in 1977 forward. ...                                                                        
                                                                                                                                
     The  economic  regulation  is not  duplicative.    What                                                                    
     about overcharges?  What about  refunds?  What about if                                                                    
     they charge too  much?  That -  the economic regulation                                                                    
     aspect -  has nothing  whatsoever to  do with  ... DNR.                                                                    
     ... And the reason that  this bill has provisions in it                                                                    
     to take ... DR&R authority  away from the commission is                                                                    
     because  it is  in the  middle of  a docket  addressing                                                                    
     what to  do, how to  calculate the total  amount that's                                                                    
     been collected to  date, and what to do ...  to be sure                                                                    
     that those funds are available to conduct the work.                                                                        
                                                                                                                                
Number 2514                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked whether the settlement actually                                                                   
envisions setting up a fund.  She added:                                                                                        
                                                                                                                                
     Doesn't  the RCA's  ability really  go more  toward the                                                                    
     rate  itself?   Now, I'm  not saying  that was  a great                                                                    
     idea or a great plan; it's  just that the way that I've                                                                    
     always  understood it  was that  it was  the rate,  and                                                                    
     that - fortunate  or unfortunate for the  state - there                                                                    
     doesn't have to  be any fund, that there has  to be the                                                                    
     absolute  cleanup, and  that it  absolutely  has to  be                                                                    
     taken care of,  but there's sort of  that missing piece                                                                    
     in the  middle, which  ... the state  may be  bound by.                                                                    
     I'm not sure how the effect goes, on you.                                                                                  
                                                                                                                                
MR. BRENA responded:                                                                                                            
                                                                                                                                
     The  settlement is  silent on  the most  important DR&R                                                                    
     term, which  is whether overcollections are  or are not                                                                    
     refundable.   If  they are  refundable, then  the state                                                                    
     will recover  another $3 billion  as of today,  and ...                                                                    
     that  amount   rose  substantially.     The  settlement                                                                    
     doesn't address the issue either way.                                                                                      
                                                                                                                                
     I understand the  state's position to be  that they are                                                                    
     refundable  and  the  TAPS   owners'  position  to  say                                                                    
     they're not  refundable.  With  regard to  the separate                                                                    
     fund, ...  again, this  is a  ceiling-rate methodology.                                                                    
     The RCA has  not ordered a separate fund.   Either way,                                                                    
     if  they  do order  a  separate  fund  -- I  mean,  the                                                                    
     problem is,  where's the  money going  to come  from to                                                                    
     conduct the DR&R?                                                                                                          
                                                                                                                                
Number 2444                                                                                                                     
                                                                                                                                
MR. BRENA continued:                                                                                                            
                                                                                                                                
     And  from  the  state's   perspective,  they  have  two                                                                    
     problems:  where's  the money going to come  from - and                                                                    
     their answer  is "parent guarantee" -  but, then, where                                                                    
     are  the overcollections  going to  come from,  because                                                                    
     the  parent guarantees  only cover  the work  and don't                                                                    
     ever cover the refund of the overcollection.                                                                               
                                                                                                                                
     So, let's fast-forward.  We're  at the end of the line.                                                                    
     The  TAPS  has been  out  of  service for  four  years.                                                                    
     There's $10 billion of DR&R  that's been done.  There's                                                                    
     $10  billion left  over.   How can  the state  get that                                                                    
     money?   The guarantees  don't cover it.   It's  not in                                                                    
     the fund. ...                                                                                                              
                                                                                                                                
     To  answer your  question  as directly  as  I can,  the                                                                    
     settlement's silent on these  terms, and they're within                                                                    
     the  regulatory  authority  ... of  the  commission  to                                                                    
     address  them.     And  they're   in  the   process  of                                                                    
     addressing  them, and  I would  encourage you  to allow                                                                    
     that process  to go forward  and see what comes  out of                                                                    
     it,  and see  to what  degree the  state's interest  is                                                                    
     preserved.                                                                                                                 
                                                                                                                                
Number 2390                                                                                                                     
                                                                                                                                
CHAIR KOHRING  reiterated concern  about RCA's  being a  tool for                                                               
players in  the industry to  gain access  to the pipeline  and to                                                               
get the  rates they'd like.   He  also reiterated his  desire for                                                               
less  regulation  and greater  ease  in  permitting so  that  the                                                               
marketplace can  control the situation.   He suggested  it should                                                               
cut both ways and asked what  happens if rates go in the opposite                                                               
direction and the  pipeline owners believe rates are  too low, go                                                               
to RCA, and demand a refund from [companies like Tesoro].                                                                       
                                                                                                                                
MR. BRENA agreed government should be efficient, but replied:                                                                   
                                                                                                                                
     They monitor  their rates.   And this is the  same with                                                                    
     your  electric  utility,  with  your  water  and  sewer                                                                    
     utility,  with everybody  else.   If they  undercollect                                                                    
     the  amount  that  they   think  they're  entitled  to,                                                                    
     they're entitled to go in  and ask for a rate increase.                                                                    
     So it does work both ways - they can. ...                                                                                  
                                                                                                                                
     And I  would love to be  in a situation ...  where they                                                                    
     had a  viable case  ... that they  were underrecovering                                                                    
     on  this line,  when they're,  in fact,  recovering 100                                                                    
     percent per year.  ... If that were  the scenario, then                                                                    
     it does  work both ways,  and they  can go file  a rate                                                                    
     case in  a heartbeat and  get back every  penny they're                                                                    
     entitled to. ... And if we  get to escrow it, if we get                                                                    
     a temporary rate lower than  the rate that's ultimately                                                                    
     deemed to be fair, then it is.                                                                                             
                                                                                                                                
     And, if I  may just make one brief comment:   we didn't                                                                    
     get the  rate we wanted to  see.  We got  a rate higher                                                                    
     ... than we  wanted to see.  But  the commission issued                                                                    
     the  order.  ...  How  much   more  should  someone  be                                                                    
     entitled  to  than  100 percent  of  their  investment,                                                                    
     100 percent of  their costs,  and a  14-percent return?                                                                    
     ...  Your  telephone  company doesn't  get  that;  your                                                                    
     electric  utility  doesn't  get that;  your  water  and                                                                    
     sewer  doesn't get  that. ...  That's a  fair rate,  if                                                                    
     you're going to set rates.                                                                                                 
                                                                                                                                
CHAIR KOHRING voiced appreciation for the company's investment                                                                  
in Alaska but also concern about excesses in government.                                                                        
                                                                                                                                
Number 2203                                                                                                                     
                                                                                                                                
GREGG D.  RENKES, Attorney General,  Department of  Law, informed                                                               
members that he'd  been asked by the governor at  the last minute                                                               
to  attend, since  Commissioner Irwin  of DNR  was in  Anchorage.                                                               
Attorney  General  Renkes  said  he was  speaking  for  DNR,  the                                                               
Department of Revenue,  the Department of Law,  the governor, and                                                               
the administration.  He told the committee:                                                                                     
                                                                                                                                
     It's  been difficult.   The  agencies have  worked hard                                                                    
     over the  last week to  look at  this from a  number of                                                                    
     different directions.   We think that there's  a lot of                                                                    
     positive things and a lot  of positive concepts in this                                                                    
     bill, and we'd like to  see it move forward; we support                                                                    
     it.                                                                                                                        
                                                                                                                                
     We do recognize, however, that  there are concerns with                                                                    
     Sections    5   and    9;   those    are   particularly                                                                    
     controversial,  and  we  would  support  the  amendment                                                                    
     that's  been offered  here today  ...  and moving  this                                                                    
     bill forward in the legislative process.                                                                                   
                                                                                                                                
ATTORNEY  GENERAL RENKES  said while  some concepts  in Section 5                                                               
may have merit, he wanted to look  at it over time with regard to                                                               
providing  some  regulatory  certainty,  to  allow  all  parties'                                                               
interests to be heard and considered,  but in a way that achieves                                                               
more finality  than traditional ratemaking provides  with respect                                                               
to tariffs  now.  Noting that  Section 9 would make  the interest                                                               
provision retroactive to 1997, he told members:                                                                                 
                                                                                                                                
     Some   have   said   that    ...   the   provision   is                                                                    
     unconstitutional.  We don't  think that that's correct,                                                                    
     but we  do believe that  at this time we  can't support                                                                    
     it as a matter of fairness.                                                                                                
                                                                                                                                
     We think the place ...  to address ... Order 151, which                                                                    
     we were just  discussing, is in the  appeal process and                                                                    
     not  through  this  legislation.   With  the  amendment                                                                    
     today on Sections  5 and 9, ... we think  that maybe we                                                                    
     can make some further  improvements in the language ...                                                                    
     during the legislative process.                                                                                            
                                                                                                                                
Number 2071                                                                                                                     
                                                                                                                                
ATTORNEY GENERAL RENKES continued:                                                                                              
                                                                                                                                
     But  we do  think the  bill could  help the  state with                                                                    
     some improvements in three important  areas, and I hope                                                                    
     that the  committee will  keep these  areas in  mind as                                                                    
     you   consider   this.       One   is   the   strategic                                                                    
     reconfiguration  of  the Trans-Alaska  Pipeline  System                                                                    
     that  Alyeska [Pipeline  Service  Company] is  involved                                                                    
     in.   It's a  $400-million investment.   It's  going to                                                                    
     upgrade 20-year-old technology.   It's going to improve                                                                    
     efficiency  and  safety  ... and  reduce  cost  of  the                                                                    
     transportation of oil  in the pipeline -  so very, very                                                                    
     important.                                                                                                                 
                                                                                                                                
     The estimates  that we've been briefed  on it [suggest]                                                                    
     that it  will reduce  the cost  of transporting  oil in                                                                    
     the pipeline  60 cents a  barrel; that's  a significant                                                                    
     reduction ...  in the cost  of transporting oil.   This                                                                    
     could  help us  develop  our heavy  oil  fields on  the                                                                    
     North Slope.   So anything we can do  to streamline the                                                                    
     permitting  process -  reduce  the amount  of time  and                                                                    
     cost   involved  in   reconfiguring  the   trans-Alaska                                                                    
     pipeline, updating  it, making it modern,  reducing the                                                                    
     cost  of the  transportation of  our  oil -  is in  the                                                                    
     interest of the State of Alaska.                                                                                           
                                                                                                                                
     I  think that  there  are elements  of  this bill  that                                                                    
     could help with  that process - could  reduce the time,                                                                    
     the  regulation, and  cost  of  reconfiguration of  the                                                                    
     TAPS line.   And that's  something to look  closely at.                                                                    
     It's an important objective for the administration.                                                                        
                                                                                                                                
Number 1979                                                                                                                     
                                                                                                                                
ATTORNEY GENERAL RENKES continued:                                                                                              
                                                                                                                                
     The  second  thing  that  I  want  to  address  is  the                                                                    
     Stranded  Gas Act  that you  passed,  a very  important                                                                    
     piece of legislation.  We  want to start the process to                                                                    
     negotiate  - and  we're  working  with the  legislature                                                                    
     closely in that  regard - ... the Stranded  Gas Act ...                                                                    
     fiscal package.    We think that there  are elements of                                                                    
     this  legislation   that  could   help  us,   in  those                                                                    
     negotiations,  provide ...  fiscal certainty,  which is                                                                    
     the objective of the Stranded Gas Act negotiations.                                                                        
                                                                                                                                
     So we  want to  look at this  legislation with  that in                                                                    
     mind:    how  can  ...   we  improve  the  process  and                                                                    
     strengthen the  ability of the  state to work  with ...                                                                    
     the  project sponsors  for the  pipeline  to produce  a                                                                    
     fiscal  package  that  provides  fiscal  certainty  for                                                                    
     those people who are going  to invest up to $20 billion                                                                    
     in the project, and the state in the future.                                                                               
                                                                                                                                
Number 1948                                                                                                                     
                                                                                                                                
ATTORNEY GENERAL RENKES continued:                                                                                              
                                                                                                                                
     And then the third thing I  have on my mind when I look                                                                    
     at   this  legislation   is  our   current  effort   to                                                                    
     renegotiate  the  TAPS  settlement  agreement.    We've                                                                    
     heard  a  lot  of  testimony about  "the  tariff's  too                                                                    
     high."  ...  Listening  to Mr.  Brena's  testimony,  he                                                                    
     thinks  that  the  state  negotiated  just  a  terribly                                                                    
     rotten deal  in 1986.   I don't think  necessarily they                                                                    
     see  it that  way.   I  think it's  in the  eye of  the                                                                    
     beholder.  ...  Some people  would  say  that we  saved                                                                    
     ourselves $23  billion in the settlement;  other people                                                                    
     think that we cost ourselves $10 billion.                                                                                  
                                                                                                                                
     We certainly ended 10 years  of litigation.  I think it                                                                    
     was  probably an  important settlement.    And you  can                                                                    
     always "Monday  morning quarterback" these  things, but                                                                    
     ... what  is important is  that we're going to  have 30                                                                    
     more years  of pipeline  use, we've got  new rights-of-                                                                    
     way agreements  in place, ...  we're going to  put more                                                                    
     oil through the pipeline  than was anticipated in 1986,                                                                    
     [and]  we're going  to get  a  longer life  out of  the                                                                    
     pipeline than we anticipated in 1986.                                                                                      
                                                                                                                                
     Conditions  have   changed,  and  ...  we   think  it's                                                                    
     appropriate   to   renegotiate  the   TAPS   settlement                                                                    
     agreement.   Perhaps  we can  achieve lower  tariffs; I                                                                    
     think we should be able  to.  But, under the agreement,                                                                    
     there's no  responsibility to renegotiate until  a call                                                                    
     for  renegotiations, 2006,  that  can  be completed  in                                                                    
     2009, and the  agreement's in place till 2011.   So, if                                                                    
     we want  to have  earlier renegotiations, to  know what                                                                    
     the tariff's  going to  look like,  2011 or  beyond, or                                                                    
     maybe -  and, of course,  no one's agreed to  this, but                                                                    
     maybe  even  implement tariffs  at  an  earlier date  -                                                                    
     we're  going  to  have  to  be  able  to  provide  some                                                                    
     certainty as part of that agreement.                                                                                       
                                                                                                                                
Number 1841                                                                                                                     
                                                                                                                                
ATTORNEY GENERAL RENKES continued:                                                                                              
                                                                                                                                
     So  ... elements  of this  bill that  will help  us and                                                                    
     give  the state  more leverage  - give  the state  more                                                                    
     tools   to  work   with  in   renegotiating  the   TAPS                                                                    
     settlement  agreement, help  bring  the  owners of  the                                                                    
     pipeline to  the table to  create an interest  for them                                                                    
     in renegotiating  the TAPS  settlement agreement  - are                                                                    
     important policy objectives for the state.                                                                                 
                                                                                                                                
     So  I think  those three  things, which  are really,  I                                                                    
     think,  legacy issues  -  reconfiguration  of the  TAPS                                                                    
     line after 20 years,  renegotiating the TAPS settlement                                                                    
     agreement,  and  negotiating   a  stranded  gas  fiscal                                                                    
     package - these are very,  very important items for the                                                                    
     state.    I  think  this  legislation  bears  on  those                                                                    
     efforts that are currently underway, and we think that                                                                     
     this legislation can help in that regard.                                                                                  
                                                                                                                                
Number 1787                                                                                                                     
                                                                                                                                
ATTORNEY GENERAL RENKES reported  that there are some ambiguities                                                               
in existing statute regarding who  has jurisdiction over DR&R and                                                               
whether  RCA has  jurisdiction  beyond intrastate  transportation                                                               
services.    He  suggested  it would  be  beneficial  to  provide                                                               
clarity with  regard to  what the responsibility  of the  DNR and                                                               
its commissioner is under the  right-of-way lease terms, and what                                                               
RCA's responsibility is.   He also highlighted  the importance of                                                               
clarifying  RCA's   jurisdiction  and  that  it   is  limited  to                                                               
intrastate matters, even when it comes to DR&R.                                                                                 
                                                                                                                                
Number 1741                                                                                                                     
                                                                                                                                
ATTORNEY  GENERAL   RENKES,  in  response  to   a  question  from                                                               
Representative   Fate,  indicated   the  interstate   rates  were                                                               
negotiated  through  a settlement  agreement  in  1986; that  was                                                               
reviewed by  FERC.   However, there  was no  settlement agreement                                                               
with respect to intrastate shipment of oil.                                                                                     
                                                                                                                                
Number 1676                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA referred  to Section  7 and  Mr. Brena's                                                               
comments.  Noting that the last  sentence on line 4 says an order                                                               
may not  be retrospective in  its application, she  asked whether                                                               
the attorney general thought it might  be better to have it read,                                                               
"prior  to  whatever it  is  being  challenged".   She  said  the                                                               
language appears to  be a possible bar to being  able to properly                                                               
recover under an order.                                                                                                         
                                                                                                                                
ATTORNEY GENERAL  RENKES inquired whether  she was asking  if the                                                               
language  could be  read  to suggest  that  companies could  keep                                                               
overcollections accrued during the time of a proceeding.                                                                        
                                                                                                                                
REPRESENTATIVE  KERTTULA added,  "You might  have a  proper order                                                               
that might  not be able to  be implemented."  She  suggested that                                                               
probably wasn't intended.                                                                                                       
                                                                                                                                
ATTORNEY  GENERAL RENKES  replied,  "I'm not  sure  that was  the                                                               
intent.   And  when I  said we  could work  with the  language to                                                               
improve  it in  sections, that's  one  area that  we flagged  for                                                               
improvement."                                                                                                                   
                                                                                                                                
Number 1607                                                                                                                     
                                                                                                                                
CHAIR KOHRING asked whether HB  277, as amended, is acceptable to                                                               
the administration.                                                                                                             
                                                                                                                                
ATTORNEY GENERAL  RENKES answered  in the affirmative  but added,                                                               
"We'd like to reserve the  opportunity in the legislative process                                                               
to make  some tweaks on this  for issues like technical  issues -                                                               
that we can improve the language."                                                                                              
                                                                                                                                
CHAIR  KOHRING  asked  whether  the  attorney  general  sees  the                                                               
amended  legislation as  a hindrance  to the  negotiation process                                                               
relating to the Stranded Gas Act that now is law.                                                                               
                                                                                                                                
ATTORNEY GENERAL RENKES replied no.                                                                                             
                                                                                                                                
Number 1525                                                                                                                     
                                                                                                                                
DAVE HARBOUR,  Chairman, Regulatory  Commission of  Alaska (RCA),                                                               
Department of  Community and  Economic Development  (DCED), asked                                                               
that his  earlier written response to  HB 277 be included  in the                                                               
record with  the following  correction:   on pages  1 and  4, the                                                               
reference to  "TAPS between 1996  and 2000" should  specify "TAPS                                                               
between year-end 1996 and 2000".  He then told members:                                                                         
                                                                                                                                
     Mr. Chairman, I know that  you're sensitive to the fact                                                                    
     that ... I  represent a party that is  appointed by you                                                                    
     and the  governor to be  an unbiased  ratemaking entity                                                                    
     to  look  after  the  just and  reasonable  rates  that                                                                    
     pipelines  and utilities  operate  under,  and to  care                                                                    
     equally for  the consumers, ratepayers, as  well as for                                                                    
     the  good health  of the  utilities.   And  I join  the                                                                    
     chairman   and  members   in  being   obviously  highly                                                                    
     supportive of private enterprise.                                                                                          
                                                                                                                                
     And  I  just  have  to  say,  after  listening  to  the                                                                    
     articulate  speakers  that  precede me,  Mr.  Chairman,                                                                    
     welcome to my world.  You  are listening, as we do on a                                                                    
     weekly basis, to some of  the most well-schooled, well-                                                                    
     thought,  well-spoken  advocates  for  their  companies                                                                    
     that  are seen  in  Alaska.   And  oft  times they  are                                                                    
     joined by  colleagues - that is,  attorneys from around                                                                    
     the   country  -   to  present   their  cases   to  the                                                                    
     commission.   I'm appreciative  of that  opportunity as                                                                    
     well.                                                                                                                      
                                                                                                                                
     But the  job that we  have ... is to  carefully analyze                                                                    
     all of  the input that's given  after reading thousands                                                                    
     of  pages  of  testimony and  expert-witness  material,                                                                    
     listening  to  oral  ...  argument,  questions,  cross-                                                                    
     examination, and then,  based on the merit  of the case                                                                    
     by statute,  are led to  make a decision based  on that                                                                    
     record.  And  frequently there is at  least one unhappy                                                                    
     party.                                                                                                                     
                                                                                                                                
     The  legislature wisely  set  us  apart from  political                                                                    
     influence  and  directed  that  we  protect  ratepayers                                                                    
     while giving  companies the opportunity to  make a fair                                                                    
     return on their investments.   And ... after only about                                                                    
     three months on  the job, I am  absolutely delighted to                                                                    
     report  to you  that  the commission  is executing  its                                                                    
     appointed tasks  in a  way that  would make  you proud,                                                                    
     and will be  happy at any time to give  you the details                                                                    
     that fill in behind that broad statement.                                                                                  
                                                                                                                                
Number 1301                                                                                                                     
                                                                                                                                
MR. HARBOUR  suggested that this  year some companies  in various                                                               
industries have  come before the  legislature using  phrases like                                                               
"fiscal  clarity" and  "improved investment  climate" to  justify                                                               
circumventing the  regulatory decisions  RCA has  been set  up by                                                               
the legislature to make; he  said he'd seen those companies argue                                                               
their best  cases before the  commission.  Concurring  with Chair                                                               
Kohring  about  the  desire  for  minimal  regulation,  he  said,                                                               
however:                                                                                                                        
                                                                                                                                
     At the  end of  the 19th  century, early  20th century,                                                                    
     when  utilities were  in their  infancy  -- ...  you've                                                                    
     heard  of water  being  carried in  wood pipelines  and                                                                    
     you've  heard about  the ...  beginning of  electricity                                                                    
     and how  it began  to grow  slowly.   And in  the early                                                                    
     days   of   those   utilities,  the   complaints   from                                                                    
     customers,  as   well  as   the  entreaties   from  the                                                                    
     utilities    themselves,    went   to    their    state                                                                    
     legislatures.    And  after   they  began  to  grow  in                                                                    
     complexity  and  sophistication   and  their  arguments                                                                    
     began to grow more voluminous,  state by state by state                                                                    
     - until now all 50  states - concluded that they needed                                                                    
     regulatory  commissions to  handle the  very difficult,                                                                    
     quasi-judicial,  quasi-legislative   adjudication  that                                                                    
     accompanied   all   these   myriad  requests   to   the                                                                    
     legislature.  And here we are today.                                                                                       
                                                                                                                                
Number 1116                                                                                                                     
                                                                                                                                
MR. HARBOUR continued:                                                                                                          
                                                                                                                                
     I  am going  to  suggest  to you  that  all the  people                                                                    
     appearing  before  you  today  are  representing  their                                                                    
     companies well.   I  will also suggest  to you  the old                                                                    
     theme of  "follow the money."  ... You've set us  up to                                                                    
     be unbiased.   You've built statutes up  to assure that                                                                    
     the regulatory  commission will not  take consideration                                                                    
     from  the people  it regulates.   And,  when you  think                                                                    
     about it, the  only incentive that we have  for doing a                                                                    
     good  job is  to make  you proud,  and also  to survive                                                                    
     appeals from the court system.   And we do very well at                                                                    
     that:  2,000 orders over  the last three years; only 16                                                                    
     have even been appealed.                                                                                                   
                                                                                                                                
     So, I do  suggest that we look at incentives.   And I'm                                                                    
     not going  to get  into detail, and  I think  you don't                                                                    
     want me  to, over open  issues that we have  before the                                                                    
     regulated companies, that we  do our best to understand                                                                    
     and make wise decisions about.                                                                                             
                                                                                                                                
     But I will  suggest that you follow the money.   I will                                                                    
     suggest  that when  it is  claimed that  "we are  a big                                                                    
     company  and therefore  the amendments  we propose  are                                                                    
     valid   and  those   who   oppose   them  are   special                                                                    
     interests,"  ... at  the end  of the  session, if  such                                                                    
     legislation  is  passed, follow  the  money.   I  would                                                                    
     suggest  that  if those  same  interests  say that  the                                                                    
     justification is  to correct flaws, but  the only flaws                                                                    
     that were corrected  result in a flow of  money to that                                                                    
     advocate, that that be seriously questioned.                                                                               
                                                                                                                                
Number 0983                                                                                                                     
                                                                                                                                
MR. HARBOUR addressed questions posed earlier by committee                                                                      
members, as follows:                                                                                                            
                                                                                                                                
     I believe  it was Representative Holm  asked about "why                                                                    
     so   long."     The  regulatory   commission  and   its                                                                    
     predecessor  [APUC]  did  not  set out  to  hear  these                                                                    
     matters.   The  regulatory commission,  as is  the role                                                                    
     you gave  to it,  was available when  ratepayers wished                                                                    
     to  have a  forum  for requesting  investigation.   And                                                                    
     that was done  responsibly.  And, as  you know, there's                                                                    
     not  been an  outpouring of  compliments for  taking on                                                                    
     the tough jobs, which this  agency does and does right,                                                                    
     per the  incentives that  I discussed  with you  just a                                                                    
     minute ago.                                                                                                                
                                                                                                                                
     I believe  it was  Representative Chenault  ... talking                                                                    
     about   the    difference   between    the   regulatory                                                                    
     jurisdiction  of FERC  ... and  this state  commission.                                                                    
     And I  will remind  you that  when the  Alaska Pipeline                                                                    
     Act  was being  created in  committee, ...  some of  us                                                                    
     have an  old friend  named Senator  Cliff Groh  who was                                                                    
     serving  on that  committee, and  he said,  ... on  the                                                                    
     record, that  the objective should  be [basically]  - I                                                                    
     can't  remember  the exact  quote  -  but to  fill  the                                                                    
     regulatory   void  between   the   federal  and   state                                                                    
     jurisdiction in these  matters.  The FERC,  ... I think                                                                    
     you would  find, would accept  uncontested settlements,                                                                    
     but does not set intrastate  rates, and only deals with                                                                    
     interstate issues.                                                                                                         
                                                                                                                                
Number 0862                                                                                                                     
                                                                                                                                
MR. HARBOUR highlighted natural tension among state departments                                                                 
and remarked:                                                                                                                   
                                                                                                                                
     You  have  me  here  today  as  your,  hopefully,  most                                                                    
     unbiased counselor, because the RCA  is set out to hear                                                                    
     the  record on  these  issues.   The  State of  Alaska,                                                                    
     represented  by  the   distinguished  attorney  general                                                                    
     today,  represents one  party  ... in  the issues  that                                                                    
     we've  been discussing.    And it  has  an interest  in                                                                    
     that, and a valid interest.                                                                                                
                                                                                                                                
     And  I'm just  going  to  suggest to  you  that over  a                                                                    
     period  of time,  legislators who  hear from  different                                                                    
     departments  know   that  there's  always   a  natural,                                                                    
     flowing  tension   between  departments   like  natural                                                                    
     resources -  seeking to  maximize use  of the  land ...                                                                    
     under  certain conditions  including protection  of the                                                                    
     environment  - and  the  Department  of Revenue,  which                                                                    
     seeks other objectives - or may in a given situation.                                                                      
                                                                                                                                
     And today the attorney general  spoke on behalf of them                                                                    
     all.   I'm not so sure  that all of the  departments of                                                                    
     state would  reflect the same  opinion ... if  asked to                                                                    
     give them  independently.   But that's  the prerogative                                                                    
     of an  administration to form  a position  and advocate                                                                    
     it.                                                                                                                        
                                                                                                                                
Number 0761                                                                                                                     
                                                                                                                                
MR.  HARBOUR  cautioned  that  if  this  bill  moves  forward,  a                                                               
regulatory regime that properly  represents Alaska and also fills                                                               
the void between state and  federal regulation would be seriously                                                               
eroded  within a  week's consideration.   He  cautioned that  its                                                               
rapid passage isn't in the interest  of the people and added, "At                                                               
the end of the day, I will just  offer to you that because of the                                                               
incentives that I've  just discussed, the RCA is  your last forum                                                               
for independent counsel to you."                                                                                                
                                                                                                                                
CHAIR KOHRING thanked Mr. Harbour  for the RCA's work, doing what                                                               
the commission has  been asked to do  through legislation enacted                                                               
over the years.                                                                                                                 
                                                                                                                                
Number 0520                                                                                                                     
                                                                                                                                
JEFF COOK,  Vice President of  External Affairs,  Williams Alaska                                                               
Petroleum, Inc., told members:                                                                                                  
                                                                                                                                
     We  operate  the  state's largest  refinery,  at  North                                                                    
     Pole, refining  some 70,000 barrels  per day  of Alaska                                                                    
     North   Slope   crude   into   products   consumed   by                                                                    
     businesses, industry,  and individuals  in Alaska.   We                                                                    
     employ 500 people  in our refinery, at  our two product                                                                    
     terminals -  one in  Anchorage and  one in  Fairbanks -                                                                    
     and  our  29 convenience  stores.    We  also own  a  3                                                                    
     percent  interest in  the Trans-Alaska  Pipeline System                                                                    
     that was purchased  in June of 2000,  which is probably                                                                    
     a significant  date, and the percentage  is significant                                                                    
     also - or insignificant, as the case may be.                                                                               
                                                                                                                                
     I am at a disadvantage  in not having the amendments at                                                                    
     hand.   The amendments certainly do  help. ... However,                                                                    
     as others have said,  there are remaining concerns with                                                                    
     the bill.  Our main concern  is that we have an ability                                                                    
     to  appeal rates,  including issues  such as  DR&R that                                                                    
     impact those  rates.  As  the major shipper  other than                                                                    
     the   producers,  we   feel  our   interest  in   rates                                                                    
     [parallels]  those  of  the State  of  Alaska  and  the                                                                    
     Alaska consumers.                                                                                                          
                                                                                                                                
MR.   COOK  concluded   by  saying   although  there   have  been                                                               
significant  improvements  in the  bill,  his  company still  has                                                               
concerns that parallel those discussed  by the other refiners and                                                               
independents.    In  response   to  Representative  Rokeberg,  he                                                               
emphasized the need to have  input and impact, through the appeal                                                               
process,  on anything  that affects  shippers' rates.   He  noted                                                               
that certainly the issues with regard to DR&R affect rates.                                                                     
                                                                                                                                
Number 0250                                                                                                                     
                                                                                                                                
MARGARET   A.   YAEGE,   Vice    President   for   Prudhoe   Bay,                                                               
ConocoPhillips   Alaska,   Inc.;   President,   PHILLIPS   Alaska                                                               
Pipelines,  told members  that  she has  responsibility for  "our                                                               
interests  in all  pipelines  in  Alaska as  well  as some  other                                                               
important  assets."   Noting that  Mr.  Buckendorf would  provide                                                               
more detail, she said:                                                                                                          
                                                                                                                                
     Contrary to much  of the testimony you've  heard, we do                                                                    
     not believe this is about  the recent decision that was                                                                    
     made.   This is not about  undoing Order 151.   This is                                                                    
     not about  asking for legislative approval  ... of TSM.                                                                    
     And   it's  not   about   eliminating  the   Regulatory                                                                    
     Commission of  Alaska.  And it's  not about eliminating                                                                    
     rate regulation.   None of those things  are what we're                                                                    
     about here today.                                                                                                          
                                                                                                                                
     What we're about here is  certainty and the future.  We                                                                    
     need  certainty in  rate regulation,  just  as we  need                                                                    
     certainty in all  of the other areas that  you ... hear                                                                    
     us talk  about with  regard to  fiscal certainty.   And                                                                    
     ... we are  investing a lot of money in  ... Alaska; we                                                                    
     are going to  continue investing a lot of  money in ...                                                                    
     Alaska.  And  our appetite for investment  is linked to                                                                    
     the certainty of the environment in which we operate.                                                                      
                                                                                                                                
     And it's very important to  us that we get clarity from                                                                    
     the legislature about these issues  that we believe are                                                                    
     vague  in the  pipeline Act,  and that  we believe  the                                                                    
     Regulatory Commission  of Alaska has  been interpreting                                                                    
     much more broadly than the  legislature intended - much                                                                    
     more  broadly than  we read  or the  Department of  Law                                                                    
     reads  the  current  regulation, the  current  pipeline                                                                    
     Act.                                                                                                                       
                                                                                                                                
Number 0086                                                                                                                     
                                                                                                                                
RANDAL  G.  BUCKENDORF,   Counsel,  Anchorage  Legal  Department,                                                               
ConocoPhillips Alaska, Inc., noted  that he handles the company's                                                               
environmental legal work and its  pipeline regulatory legal work.                                                               
He told members:                                                                                                                
                                                                                                                                
     As Ms. Yaege has explained  and as the attorney general                                                                    
     opined upon, the changes we  have advocated for, and as                                                                    
     put  forth by  the  bill's sponsor,  are important  for                                                                    
     future certainty.   You have heard  testimony that this                                                                    
     bill was designed to, and  intended to, overturn recent                                                                    
     RCA decisions.   As Ms.  Yaege explained, that  was not                                                                    
     the  intent. ...  Especially  with  the elimination  of                                                                    
     Section 5,  ... although I  will discuss that  a little                                                                    
     bit further, a lot of  the testimony and discussion you                                                                    
     heard about  that agreement are fine  from a historical                                                                    
     perspective, but they're not at issue in this bill.                                                                        
                                                                                                                                
[Not on  tape, but in  the witness's written testimony,  was that                                                               
this bill is about regulatory  clarity and certainty and creating                                                               
an   atmosphere   for   the   future   whereby   explorers   like                                                               
ConocoPhillips  want to  continue  investing,  exploring for  new                                                               
fields, and building pipelines.]                                                                                                
                                                                                                                                
TAPE 03-21, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
MR.  BUCKENDORF   continued,  "To   that  end,  we   have  worked                                                               
diligently in  the last week, at  the request of the  sponsor, to                                                               
work with other  companies toward some compromise  language."  He                                                               
expressed  pleasure at  the amendments  proposed by  the sponsor,                                                               
that  the  attorney  general  was   interested  in  some  further                                                               
clarifying  amendments,  and  that  Representative  Kerttula  had                                                               
brought  up  one  that  his   company  also  views  as  critical.                                                               
Advocating for moving  the bill out of committee,  he offered the                                                               
following analysis:                                                                                                             
                                                                                                                                
     Essentially,  Sections  1  and  3  provide  clarity  of                                                                    
     jurisdiction.   Sections  1 and  2  provide clarity  of                                                                    
     jurisdiction with respect to  the Department of Natural                                                                    
     Resources  and  right-of-ways.    In  contradiction  to                                                                    
     [RCA]  Chairman Harbour's  statement in  his letter  of                                                                    
     last week, the changes to 1  and 2 would not remove RCA                                                                    
     authority  to  oversee  money collected  on  intrastate                                                                    
     rates  for DR&R.    What  it does  is  clarify, ...  as                                                                    
     Representative Kerttula  pointed to,  what jurisdiction                                                                    
     the RCA  properly has with  respect to  pipeline right-                                                                    
     of-way leases.                                                                                                             
                                                                                                                                
     Pipeline    right-of-way    leases   are    contractual                                                                    
     arrangements  between each  pipeline  owner and  either                                                                    
     the  Department of  Natural  Resources,  the Bureau  of                                                                    
     Land  Management, or,  in some  case, private  parties.                                                                    
     Any  implication that  the RCA  can  attempt to  insert                                                                    
     itself into  these leases  - almost as  if they  were a                                                                    
     signatory  party,  when  clearly  they  are  not  -  is                                                                    
     unacceptable both  from a contractual and  a regulatory                                                                    
     point of  view.  Jurisdiction is  a fundamental premise                                                                    
     of being a regulated entity,  and it needs to be clear.                                                                    
     The  administration, through  Attorney General  Renkes,                                                                    
     also believes  that to  be the  case.   HB 277 provides                                                                    
     that clarity in Sections 1, 2, and 3.                                                                                      
                                                                                                                                
Number 0248                                                                                                                     
                                                                                                                                
MR. BUCKENDORF continued:                                                                                                       
                                                                                                                                
     Equal treatment in  Section 6:  the  same interest rate                                                                    
     that applies  to judgments under  the pipeline  Act has                                                                    
     always  been the  same interest  rate  that applies  to                                                                    
     other  judgments; that  was the  legislative intent  in                                                                    
     1978 when  it wrote this  section of  the Act.   And we                                                                    
     believe the 1997 tort-reform  amendments that pulled it                                                                    
     back  from what  was termed  "the usury  statute" to  a                                                                    
     market-based  rate  -  in  response  to  Representative                                                                    
     Crawford's  question -  that is  based  upon a  market-                                                                    
     based rate,  the 12th Circuit  [Court of  Appeals] rate                                                                    
     plus  3  percent  interest.   It  fluctuates  with  the                                                                    
     market.                                                                                                                    
                                                                                                                                
     We believe that the  legislature intended that to apply                                                                    
     to the pipeline  Act, but it has  been questioned about                                                                    
     whether  or not  that  is correct.    As Chair  Harbour                                                                    
     pointed out in  his testimony, this is  a decision that                                                                    
     the  legislature  can  make  and,  we  believe,  should                                                                    
     make.    The removal  of  Section  9 would  apply  this                                                                    
     decision  point  forward.    We  also  agree  with  the                                                                    
     attorney  general's  analysis  that it  can  make  that                                                                    
     retroactive   back  to   1997;  it   would  not   be  a                                                                    
     constitutional violation.   That's  a decision  for the                                                                    
     legislature to make.                                                                                                       
                                                                                                                                
     Third, retroactive ratemaking in  Section 7, which also                                                                    
     addresses a question  that Representative Kerttula had:                                                                    
     it's a common principle  of regulated utilities that an                                                                    
     agency like the commission  cannot bypass a term that's                                                                    
     called  the  "rule   against  retroactive  ratemaking."                                                                    
     Essentially,  Section  7  was  intended  to  make  this                                                                    
     clear.                                                                                                                     
                                                                                                                                
Number 0399                                                                                                                     
                                                                                                                                
MR. BUCKENDORF continued with Section 7:                                                                                        
                                                                                                                                
     However,  just  as Chair  Harbour  pointed  out in  his                                                                    
     testimony and sectional  analysis, our suggested change                                                                    
     to  this   section  ...  was  mutated   by  legislative                                                                    
     drafting,  to  say  the   least.  ...  Essentially,  we                                                                    
     suggested a change  to this section that  would make it                                                                    
     clear  that an  order  setting rates  shall not  affect                                                                    
     rates  in  effect  before  the  date  of  the  protest,                                                                    
     complaint,  or  commission  action that  initiated  the                                                                    
     investigation or hearing.                                                                                                  
                                                                                                                                
     Essentially, this is the same  as Chair Harbour pointed                                                                    
     out in his sectional analysis.   And that's the way ...                                                                    
     the commission  - the  APUC and the  RCA -  have always                                                                    
     interpreted that.   However, they have  been questioned                                                                    
     recently  to reinterpret  that in  a different  manner.                                                                    
     We believe  that there should be  clarification made to                                                                    
     the bill  in its  current form because  it does  not do                                                                    
     what was intended.                                                                                                         
                                                                                                                                
     Finally,   business  certainty:     as   we've  already                                                                    
     explained, we  are neither asking  you to  overturn the                                                                    
     recent RCA decision  in Order 151 on TAPS  rates nor to                                                                    
     legislatively validate the TAPS settlement agreement.                                                                      
                                                                                                                                
Number 0490                                                                                                                     
                                                                                                                                
MR. BUCKENDORF addressed Representative Fate's earlier question                                                                 
about interstate-versus-intrastate agreements, saying:                                                                          
                                                                                                                                
     There technically  is an intrastate  agreement.   It is                                                                    
     essentially  ...  to  close  out  ...  eight  years  of                                                                    
     litigation and to cease what  was anticipated to be ten                                                                    
     years of  additional litigation.  The  State of Alaska,                                                                    
     through  the  Office  of  the  Attorney  General  -  in                                                                    
     coordination  with  the  U.S.  Department  of  Justice,                                                                    
     [which] wasn't a  signatory; ... they agreed  with it -                                                                    
     entered into the interstate  agreement.  That agreement                                                                    
     was, in fact, brought into  and is, in effect, a nearly                                                                    
     identical  agreement on  intrastate  rates.   And I  do                                                                    
     want   to  make   that  clarification   regarding  that                                                                    
     agreement.                                                                                                                 
                                                                                                                                
Number 0573                                                                                                                     
                                                                                                                                
MR. BUCKENDORF referred to Representative Holm's question about                                                                 
where the RCA was for 25 years and the response that if there                                                                   
was any blame, it was to the APUC.  He said:                                                                                    
                                                                                                                                
     The blame  that was  stated was  incorrect.   Where was                                                                    
     the APUC?   In  1986 the  APUC approved  that agreement                                                                    
     for  rates in  effect ...  prior  to 1986.   Again,  in                                                                    
     1993, they  approved that agreement for  years prior to                                                                    
     that time.  They did  not set just and reasonable rates                                                                    
     under it -  that is correct - but they  did approve it.                                                                    
     In  1993,  that approval  was  subject  to ...  correct                                                                    
     calculations and  an evaluation of the  input; ... that                                                                    
     has yet to  be done.  But technically,  even though ...                                                                    
     the APUC  at that time  approved those rates,  they are                                                                    
     still open.   And  it is being  argued that  the recent                                                                    
     order should  be applied back  to those rates -  in the                                                                    
     words  of the  State of  Alaska in  a recent  briefing,                                                                    
     applied  back in  time  17 years,  back  into the  past                                                                    
     century.                                                                                                                   
                                                                                                                                
Number 0690                                                                                                                     
                                                                                                                                
MR. BUCKENDORF provided further comment relating to the                                                                         
Witherspoon memorandum:                                                                                                         
                                                                                                                                
     Professor  Witherspoon  was  a brilliant  oil  and  gas                                                                    
     attorney, and  he was hired  for a reason. ...  He came                                                                    
     in  and  ...  looked  at statutory  authority,  and  he                                                                    
     created  two  Acts.   Since  that  time,  the  [Alaska]                                                                    
     Right-of-Way Leasing  Act has  been amended  many, many                                                                    
     times.    Amendments need  to  happen.   And  it's  the                                                                    
     legislature that  should decide  the policy  about when                                                                    
     those should be made.                                                                                                      
                                                                                                                                
     It's  also  interesting to  note  that  the quote  that                                                                    
     Mr. Hanley made  regarding Mr. Witherspoon at  the time                                                                    
     -- Professor Witherspoon wanted  a futuristic look, and                                                                    
     it's that  same look  regarding protection of  rates in                                                                    
     the future that  ultimately led to the  State of Alaska                                                                    
     and the [U.S.] Department of  Justice looking at - when                                                                    
     they  were entering  into  the  settlement agreement  -                                                                    
     what they  wanted.   They knew that  Prudhoe Bay  - the                                                                    
     ... owners  of Prudhoe Bay  - there  was going to  be a                                                                    
     lot of oil  coming through.  And they knew  that it was                                                                    
     going to be  a very profitable point in time.   So what                                                                    
     they wanted  was to front-end load  those rates, front-                                                                    
     end  load  as  many  costs   as  possible  ...  to  the                                                                    
     profitable  timeframe,  because,  essentially,  if  you                                                                    
     have a flat  rate base [and] you recover  a flat period                                                                    
     of time, that's allocated  out amongst the barrels that                                                                    
     are shipped.  The more barrels, the lower the rate.                                                                        
                                                                                                                                
     But  what  would happen  in  the  future?   What  would                                                                    
     happen now?   In 2011? ...  We have [lower] rates.   If                                                                    
     they have to share the  same costs, the rate per barrel                                                                    
     goes up. ... And the reason  they did that was based on                                                                    
     ... Professor  Witherspoon's analysis.   They front-end                                                                    
     loaded it  so that [for]  explorers currently -  ... or                                                                    
     the latecomers, for example, Anadarko  - coming in now,                                                                    
     it would  be more profitable  in the future  to explore                                                                    
     for and  seek natural resources  in this state.  ... We                                                                    
     would like to see this bill moved out of committee.                                                                        
                                                                                                                                
Number 0865                                                                                                                     
                                                                                                                                
The committee took an at-ease from  5:11 p.m. to 5:12 p.m. [There                                                               
is some  blank tape  from that  time; nothing  is missing.]   The                                                               
committee took a second at-ease from 5:12 p.m. to 5:15 p.m.                                                                     
                                                                                                                                
[A  motion  to move  the  bill  out  of  committee was  made  but                                                               
withdrawn in order to take up an amendment.]                                                                                    
                                                                                                                                
Number 1001                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  moved to  adopt Conceptual  Amendment 2.                                                               
Noting that it  was Mr. Buckendorf's language and  related to the                                                               
area   in  which   the  attorney   general  had   suggested  some                                                               
clarification was needed, she specified the following:                                                                          
                                                                                                                                
     In  Section  7,  ... in  the  second-to-last  sentence,                                                                    
     delete the  words "in the  future" and change  the last                                                                    
     sentence to  read, "An order  setting rates  under this                                                                    
     section  shall not  affect rates  in effect  before the                                                                    
     date of  the protest,  complaint, or  commission action                                                                    
     that initiated the investigation and hearing."                                                                             
                                                                                                                                
REPRESENTATIVE  KERTTULA  offered that  it  would  be the  normal                                                               
process, in line  with what courts and  regulatory agencies would                                                               
order, and  wouldn't preclude someone  who won a case  from being                                                               
able to get a recovery.                                                                                                         
                                                                                                                                
Number 1132                                                                                                                     
                                                                                                                                
CHAIR KOHRING asked  whether there was any  objection to adopting                                                               
Conceptual  Amendment 2.   There  being no  objection, it  was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CHAIR  KOHRING  apologized  for  not  recognizing  Representative                                                               
Crawford  earlier so  he could  ask  [Mr. Brena  before he  left]                                                               
about a $3-billion DR&R overcharge  dispute and how would that be                                                               
adjudicated if it were removed  from RCA oversight.  He announced                                                               
that he would  request a written response.  He  asked whether Mr.                                                               
Burden could respond.                                                                                                           
                                                                                                                                
Number 1250                                                                                                                     
                                                                                                                                
MR. BURDEN  said he wasn't  able to answer  and that it's  one of                                                               
the "question marks."  He said, however:                                                                                        
                                                                                                                                
     If you  take it out  of the independent review  of RCA,                                                                    
     how  do  those  matters   get  handled?  ...  With  the                                                                    
     jurisdictional  gap on  the trans-Alaska  pipeline that                                                                    
     exists  on  the  FERC  side, about  half  the  line,  I                                                                    
     understand,  is on  state lands,  even  though it  only                                                                    
     carries about 10  percent of the oil -  that you've got                                                                    
     a jurisdictional  gap if  you implement  this provision                                                                    
     over the state  lands and ... over the  components of a                                                                    
     tariff related to DR&R. ...                                                                                                
                                                                                                                                
     One of the  issues you run into is that,  with about 10                                                                    
     percent of the  oil being intrastate and  90 percent or                                                                    
     so  being interstate,  ... you  would  think maybe  the                                                                    
     DR&R issue  is a 10-and-90-percent issue,  as well, but                                                                    
     it doesn't sort of work out  that way. ... I don't know                                                                    
     that ...  we're prepared  to go  into details  that Mr.                                                                    
     Brena could if he were still  here.  But we'll be happy                                                                    
     to get you a response.                                                                                                     
                                                                                                                                
Number 1361                                                                                                                     
                                                                                                                                
MR. HARBOUR added:                                                                                                              
                                                                                                                                
     One of  the policy decisions  that's being made  now is                                                                    
     to that point.   In addition to interests  of the State                                                                    
     of Alaska  and federal  lands, also the  legislature, I                                                                    
     know, is  mindful of the  interests of  Native Alaskans                                                                    
     and,  therefore, Native  lands and  private lands  that                                                                    
     pipelines  cross.   So that  is a  policy consideration                                                                    
     that this legislation is undertaking.                                                                                      
                                                                                                                                
Number 1394                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  noted  that Mr.  Harbour's  section-by-                                                               
section analysis  said removal of  RCA authority over  DR&R would                                                               
mean that  there would be  no regulatory authority  over portions                                                               
of  a pipeline  that  didn't  cross state  land.   She  expressed                                                               
concern about this.                                                                                                             
                                                                                                                                
MR. HARBOUR  referred to the  Alaska Pipeline Act and  noted that                                                               
in its  formation, the objective  was to have  state jurisdiction                                                               
where there was  no federal jurisdiction.  Noting  that there are                                                               
current issues  pending [before  the RCA]  and that  he therefore                                                               
couldn't provide detail, he added, "I  just think that if you ask                                                               
legal  advisors to  analyze  that  section-by-section analysis  I                                                               
did, you will get the advice you need."                                                                                         
                                                                                                                                
REPRESENTATIVE McGUIRE acknowledged that hint.                                                                                  
                                                                                                                                
Number 1480                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  moved to report  HB 277, as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
REPRESENTATIVE FATE reminded members that  the bill will be heard                                                               
in the House Resources Standing Committee, which he chairs.                                                                     
                                                                                                                                
Number 1515                                                                                                                     
                                                                                                                                
CHAIR  KOHRING noted  that  no  objection had  been  stated.   He                                                               
announced that CSHB 277(O&G) 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                                                               
5:25 p.m.                                                                                                                       

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