Legislature(1995 - 1996)

02/15/1995 08:04 AM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE RESOURCES STANDING COMMITTEE                              
                       February 15, 1995                                       
                           8:04 a.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Joe Green, Co-Chairman                                         
 Representative Bill Williams, Co-Chairman                                     
 Representative Scott Ogan, Vice Chairman                                      
 Representative Alan Austerman                                                 
 Representative Ramona Barnes                                                  
 Representative John Davies                                                    
 Representative Irene Nicholia                                                 
 Representative Eileen MacLean                                                 
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Pete Kott                                                      
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 Presentation by Ken Thompson, President, ARCO Alaska                          
                                                                               
 Presentation by Jim Palmer, Director, External Affairs, BP                    
 Exploration (Alaska)                                                          
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 KEN THOMPSON, President                                                       
 ARCO Alaska, Inc.                                                             
 P.O. Box 100360                                                               
 Anchorage, AK   99510                                                         
 Phone:  265-6132                                                              
 POSITION STATEMENT:  Made presentation to committee                           
                                                                               
 JAMES PALMER, Director                                                        
 External Affairs                                                              
 BP Exploration (Alaska) Inc.                                                  
 P.O. Box 196612                                                               
 Anchorage, AK   99519                                                         
 Phone:  564-5485                                                              
 POSITION STATEMENT:  Made presentation to committee                           
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 95-16, SIDE A                                                            
 Number 000                                                                    
                                                                               
 The House Resources Committee was called to order by Co-Chairman              
 Green at 8:04 a.m.  Members present at the call to order were                 
 Representatives Austerman and Green.  Members absent were                     
 Representatives Williams, Ogan, Barnes, Davies, Kott, MacLean, and            
 Nicholia.                                                                     
                                                                               
 CO-CHAIRMAN JOE GREEN said the presentation by Ken Thompson from              
 ARCO Alaska and Jim Palmer from BP Exploration will address a new             
 concept in state and company relationships.  He noted the state is            
 at a time when some innovative ideas are necessary.                           
                                                                               
 KEN THOMPSON, PRESIDENT, ARCO ALASKA, INC., thanked the committee             
 for the opportunity to testify on an important matter for industry            
 and for the people of Alaska.  He began by reviewing his agenda.              
 He said he will be talking about common goals shared by industry              
 and Alaska and how they can work together to achieve those goals.             
 He stated key to those goals is the question--can new things for              
 new projects be done in industry in Alaska to increase the                    
 international competition and make it more competitive in Alaska              
 versus other countries.  He said he will describe tax and royalty             
 regimes in 70 other countries, showing how they compare to Alaska.            
                                                                               
 MR. THOMPSON noted he will comment on what it takes to be more                
 competitive and create more jobs, as well as more revenues, for the           
 state and industry.  Finally, he said he will talk about what                 
 immediate actions can be taken near term, and the next steps to be            
 taken on a long term basis, to make Alaska more competitive which             
 could result in better sustained economic development, meaning jobs           
 and incremental revenues for the state.                                       
                                                                               
 (Representatives Williams, Ogan, Davies and Nicholia joined the               
 committee meeting.)                                                           
                                                                               
 MR. THOMPSON, referring to overheads, (may be found in the House              
 Resources Committee Room, Capitol Room 124, and after adjournment             
 of the second session of the 19th Alaska State Legislature, in the            
 Legislative Reference Library) stressed the state and ARCO share              
 important common goals including jobs for Alaskans.  He said ARCO             
 believes they can create new economic activity for those who work             
 in the industry.  He noted each job with ARCO creates three and               
 one-half jobs in the service sector, as well as jobs in retail.  He           
 explained another common goal is incremental revenues.  ARCO                  
 believes there can be incremental revenues created for the state              
 and for ARCO and the industry derived from new production.  ARCO is           
 not proposing and will not be proposing any changes in producing              
 reservoirs in existing fields.  He stressed ARCO's emphasis will              
 principally be on marginal development in new fields or on how to             
 spur an increase in exploration activity.                                     
                                                                               
 MR. THOMPSON noted there is some sensitivity about what might be              
 proposed in regard to the permanent fund in particular.  ARCO sees            
 an opportunity to increase permanent fund contributions through new           
 activities and new revenues.  He stressed ARCO believes that any              
 proposal industry and state comes up with together should maintain            
 current contribution levels.  Therefore, there is a need to be                
 innovative.  He said any new opportunity can create from zeros to             
 positives.  He noted a recent news report that said, "it is better            
 to have half a loaf than no loaf."                                            
                                                                               
 MR. THOMPSON stated the common goals of jobs and revenues can be              
 created and achieved through sustained economic development which             
 can be done through new exploration, marginal developments, and the           
 extension of field lives.  He stressed to achieve sustained                   
 economic development, leading to jobs and revenues, it is very                
 important to understand how the business environment in Alaska must           
 become more competitive.  He said the industry realizes it has to             
 do its share such as greatly reducing costs and changing the cost             
 of living within the company.  He pointed out industry is doing               
 that through new innovations, working together better with its                
 service companies and partnerships, and also in developing new,               
 more cost effective technologies in Alaska.                                   
                                                                               
 Number 153                                                                    
                                                                               
 MR. THOMPSON discussed what is happening in the rest of the world             
 in some key areas that have seen new incremental projects brought             
 on, and areas that have created new jobs and revenues.  Australia             
 introduced a resource rent tax in 1985 for offshore projects,                 
 meaning they have a flat 33 percent corporate income tax, which is            
 all the burden producers will pay.  He noted once producers achieve           
 a certain rate of return on their investment, then they have                  
 additional revenues they get via a resource rent tax.  He said if             
 a small field is involved or oil prices are low, the resource rent            
 tax would not be recovered because the rate of return will not have           
 been met.                                                                     
                                                                               
 MR. THOMPSON told committee members that in Venezuela, the income             
 tax rate for extra heavy crude development was lowered from 67                
 percent to 34 percent and there was the removal of onerous tax                
 provisions for multinational firms.  He noted that country has also           
 improved the bidding structure for marginal fields.  He explained             
 that ARCO currently is in discussions with Venezuela on a large               
 multi-billion dollar deal and stressed two years ago they would not           
 have been there.                                                              
                                                                               
 MR. THOMPSON stated fiscal reformations in Alberta/Canada revived             
 the oil and gas industry there.  He said Norway completely                    
 abolished royalties on new fields in 1986 and removed the sliding             
 scale state participation for new leases in 1992.  He pointed out             
 the United Kingdom (UK) abolished royalties entirely, going from              
 12.5 percent royalties to zero royalties on all new fields.  In the           
 UK, they also had a production revenue tax, similar to Alaska's               
 severance tax, which has gone from several percent to zero to                 
 encourage development in new fields.  He noted the changes have led           
 to a revival of the UK oil industry which was a country that had a            
 production curve heading down.  He said last month the UK achieved            
 record production in the history of the UK as a result of                     
 establishing incentives.                                                      
                                                                               
 Number 208                                                                    
                                                                               
 MR. THOMPSON showed an overhead outlining the fiscal regime                   
 comparison as of 1994 on new fields.  He noted these countries have           
 not made changes in their tax and royalty structure on existing               
 production.  He said in the UK, royalties have been eliminated and            
 they no longer have ad valorem taxes or severance taxes.  He stated           
 Australia has no revenue taxes or ad valorem tax.  He noted that in           
 Australia once a company has invested, and they discover a large              
 field and recover their investment, there is additional taxation              
 called a resource rent tax which kicks in and can get up to 5 or 10           
 percent.  He stressed the tax varies tied to the oil price.  He               
 explained currently the total burden in Australia and the UK is               
 about 33 percent which is received on a profit based taxation, not            
 revenue based.  In Alaska, industry faces 39 percent corporate                
 income taxes, royalties which average 12.5 percent to 13 percent,             
 a production tax which varies from 0 percent to 15 percent, and the           
 ad valorem tax of 2 percent.                                                  
                                                                               
 Number 245                                                                    
                                                                               
 MR. THOMPSON said ARCO has worked with outside consultants in                 
 looking at the tax and royalty regimes in 70 different oil                    
 producing countries.  He pointed out that most of the tax and                 
 royalty regimes in foreign countries fall into two types of overall           
 systems.  He explained the first system is the production sharing             
 contract.  In a production sharing contract, after a company makes            
 an investment, they get a very high share of the production until             
 their capital is recovered.  After that point, profits are shared             
 and in many cases that sharing is 50/50.  He stated some of those             
 do have royalty but only after capital is recovered.                          
                                                                               
 MR. THOMPSON told committee members that some countries have a tax            
 and royalty system similar to the United States and Alaska.  Less             
 than one-third have a tax royalty type fixed system.  More than               
 two-thirds have a variable type of royalty or net profits type of             
 share.  When looking at the larger oil producing countries--those             
 producing over 200,000 barrels of oil a day--only 3 out of 22 have            
 a fixed royalty system and Alaska is one.  He pointed out that 19             
 of 22 nations either have a variable type royalty, a net profits              
 type of system, or a production sharing contract.  He said many of            
 these changes have taken place since the fall of communism.  These            
 countries have become more free market and want to create a better            
 economy for their own people.  For example, while ARCO's capital              
 budget was trimmed for Alaska, ARCO International is seeing                   
 increased capital budgets for Indonesia, the Middle East, Ecuador,            
 China, and Algeria.                                                           
                                                                               
 Number 311                                                                    
                                                                               
 MR. THOMPSON commented on what it takes.  First, it takes industry            
 working with the state to develop that competitive environment to             
 understand how these other countries are getting more capital to              
 create jobs and revenues.  He said a key is ARCO's support of the             
 state's effort to achieve a soft landing called Alaska's budget.              
 He complimented the legislature and the Administration's efforts to           
 focus on balancing the budget, so that if any incentives are given            
 today or changes are made, they can be honored in the future                  
 because the state is in a very healthy economic situation.  ARCO              
 believes, emphasizing new projects, that a competitive tax and                
 royalty structure should be developed in an innovative way.                   
                                                                               
 MR. THOMPSON stated it would also be helpful to transition to a               
 more flexible regulatory environment, where the state is more                 
 willing to consider alternative business arrangements, when                   
 necessary, to move forward on small or marginal projects.  He said            
 the industry also realizes it must focus on keeping cost structure            
 low.  Industry feels there are things it can do such as innovations           
 to lower lease operating costs through new technologies.  He added            
 industry feels it is important to bring in new                                
 companies/competitors to Alaska who can help share the risks of               
 exploration but also believes in doing that, the very high                    
 standards on environmental protection and safety must not be                  
 lowered.                                                                      
                                                                               
 Number 346                                                                    
                                                                               
 MR. THOMPSON commented on immediate actions for the short term                
 which ARCO recommends.  He said ARCO recommends that the                      
 legislative intent for the application of existing incentives be              
 reviewed and clarified.  He stated in doing that, the following               
 questions will be asked.  Are the incentives being used                       
 effectively?  Are the incentive used in the way the legislature               
 intended?  Are the incentives obtaining the results expected?  He             
 noted that currently, technical teams at ARCO and other companies             
 are working closely with the technical teams at the various                   
 commissions to examine many of these incentives and hopes to soon             
 propose legislation which will address these questions and even               
 make some of the incentives more clear.                                       
                                                                               
 MR. THOMPSON said in regard to the exploration incentive credits,             
 he has worked every oil basin in the United States (U.S.), and has            
 worked most of the foreign countries mentioned earlier.  He felt              
 the state's exploration incentive credit is good and could spur               
 exploration.  However, since the incentive credit was approved,               
 ARCO has applied three times for wildcat wells and has been                   
 rejected three times.  ARCO believes the current rules and                    
 guidelines are unclear and what qualifies and what does not qualify           
 is not clear.  He stated a simple change would be defining                    
 exploration by the Internal Revenue Service (IRS) or the Securities           
 Exchange Commission (SEC) guidelines which might make it very                 
 effective for the exploration incentive credits.                              
                                                                               
 MR. THOMPSON noted that ARCO Alaska has a fixed exploration budget.           
 The budget in the past was almost $200 million and this year it is            
 $20 million.  He explained the reason for the change is the fiscal            
 regimes in other countries which allow acceptable rates of return.            
 He noted even with a fixed budget, ARCO Alaska is the largest                 
 explorer in Alaska, and this year will be drilling four exploration           
 wells.  He said if ARCO Alaska was to use something as simple as              
 using the IRS or SEC guidelines for exploration and getting the               
 incentives, ARCO's budget would allow drilling up to six                      
 exploration wells.  He pointed out that change could have the same            
 effect on other companies, perhaps even bring some new companies              
 into the state, which also allows a statistical higher chance of a            
 field discovery.                                                              
                                                                               
 MR. THOMPSON stated the existing lease sale schedule program is not           
 working well as far as a regular schedule for leasing.  A lot of              
 effort is put forth in getting prepared and sometimes the sales are           
 delayed or there are major lawsuits involved.  He said ARCO Alaska            
 does applaud the legislature's effort to try to improve the lease             
 sale schedule through HB 308.  He hoped that ARCO Alaska and the              
 legislature can work together to make HB 308 work.                            
                                                                               
 MR. THOMPSON explained the discovery royalty credit is a credit               
 given to a new exploration well and the lease of discovery, and               
 allows royalties to go from 12.5 percent 5 five percent for 10                
 years.  He stated the remaining leases in the field receive no                
 royalty credits.  He noted this credit would provide more of an               
 incentive if, for example, the credit was applied for five years              
 from the date of initial production and/or was applied to leases              
 covering the entire discovery.  He said this would make investment            
 in the new fields more attractive because the credit would lower up           
 front development costs.                                                      
                                                                               
 MR. THOMPSON stressed a key recommendation is the review and                  
 support of flexibility in the Department of Natural Resources (DNR)           
 to provide royalty relief.  He said in current law there is a lot             
 of flexibility in lease sale terms.  For example, in lease sale 79            
 coming up this summer, there is a wide range of lease sale terms              
 which could be recommended such as a net profits type of term.                
 This type of term would make that lease sale competitive worldwide.           
 He stressed the fixed royalty for that lease sale does not make it            
 competitive.  He pointed out there are existing laws which allow              
 the flexibility but they need to be reviewed and supported.                   
                                                                               
 MR. THOMPSON stated in smaller discoveries, it is very difficult to           
 move forward with economic investments.  Many of the laws and                 
 regulations consider the large Prudhoe Bay type of fields.  ARCO              
 Alaska has several smaller fields and believes there are several              
 left to discover in Alaska but more flexibility is needed there               
 also.  He said prolonging economic life especially relates to the             
 Cook Inlet and Kenai Peninsula producers.  He noted existing                  
 regulations to prolong economic life do provide royalty relief if             
 people can show economic need.                                                
                                                                               
 MR. THOMPSON said prolonging economic life is a good piece of                 
 legislation but is very difficult to obtain and the administrative            
 burden is a nightmare.  One producer recently applied, for a field            
 where they were losing money, for royalty relief to extend the                
 field life which also means peoples' jobs.  In that case, the law             
 stipulates providing data for revenues and costs all the way back             
 to the date of discovery.  He noted the field being discussed was             
 over 20 years old and had changed hands several times.  The                   
 producer could not find the original records all the way back to              
 discovery, although they had excellent records for the past several           
 years.  The request was denied because the law stipulates all data            
 back to the date of discovery must be provided.  He stressed that             
 was a field which could have had prolonged economic life for jobs             
 and revenues.  He pointed out the regulation could be modified to             
 require only the last five years of economic data to show there is            
 a need.                                                                       
                                                                               
 (Representatives MacLean and Barnes joined the committee.)                    
                                                                               
 MR. THOMPSON said ARCO Alaska also requests the legislature to                
 support any federal tax incentives for oil and gas development.  He           
 noted there are currently ongoing discussions, at the federal                 
 level, about different types of incentives.  He stated when those             
 incentives come up, ARCO Alaska urges Alaska's support.  He noted             
 that ARCO Alaska also appreciates the state's support in efforts to           
 open the Arctic National Wildlife Refuge (ANWR) and lift the export           
 ban.                                                                          
                                                                               
 MR. THOMPSON said these immediate actions for the short term means            
 the next few weeks and months.  He said ARCO Alaska recommends its            
 technical staffs work with the various commissions and their                  
 technical staffs to address most, if not all of these                         
 recommendations and then bring forward proposals for either                   
 legislation or minor modifications in existing legislation.                   
                                                                               
 Number 479                                                                    
                                                                               
 MR. THOMPSON stated those short term recommendations may not be               
 sufficient for the long term in regard to sustained economic                  
 development.  He commented on recommendations for the long term.              
 ARCO Alaska urges the legislature to support and participate in a             
 broad based process to develop recommendations aimed at enhancing             
 Alaska's long term international competitive position.  ARCO Alaska           
 believes strongly that any of these initiatives should be broad               
 based, there should be a public consensus that the right thing is             
 being done, and there should be a bipartisan process involving a              
 lot of cooperation between the legislature, the Administration, and           
 the industry.  Mr. Thompson noted that many are eager to move                 
 forward to make changes that would make Alaska more competitive and           
 he appreciates and encourages that enthusiasm.  However, he                   
 cautioned it is a complex issue requiring a lot of thought and                
 public buy-in.                                                                
                                                                               
 MR. THOMPSON pointed out the first effort should be gathering                 
 information (such as shown earlier) on competitive fiscal regimes.            
 If there is fixed capital available in the worldwide industry, how            
 does Alaska capture more of that?  He said ARCO has been a customer           
 in Alaska for over 40 years and is committed to Alaska long term.             
 He stated ARCO Alaska likes shopping in Alaska but stressed there             
 are large discount warehouses that have moved in across the street            
 from Alaska in just the past few years who have very good                     
 merchandise and offer better terms.  He advised ARCO Alaska wants             
 to stay shopping in Alaska and believes by gathering this                     
 information and working together, a regime can be developed which             
 will be acceptable to the citizens of Alaska and will keep ARCO               
 Alaska shopping in the state.                                                 
                                                                               
 MR. THOMPSON said once the information is gathered, it is                     
 recommended that a broad range of options be developed, which can             
 be narrowed to specific proposals for legislative action, perhaps             
 at next session.  He stated the immediate steps he talked about               
 earlier, which could improve existing incentives and regulations,             
 could be done in the next few months.  He stressed the long term              
 recommendations are more complex.  These steps say ARCO Alaska                
 wants to compete in Alaska versus these other countries.                      
                                                                               
 REPRESENTATIVE EILEEN MACLEAN asked Mr. Thompson what type of                 
 options was he talking about.                                                 
                                                                               
 MR. THOMPSON responded the options could be long term things he               
 talked about earlier such as net profits type of recoveries versus            
 a fixed royalty or things such as a variable royalty.                         
                                                                               
 MR. THOMPSON commented on an option ARCO Alaska is not recommending           
 at this time, but one which shows creativity and a way of                     
 addressing some of the issues being faced when making competitive             
 investments in Alaska.  He said, referring to the next option, that           
 ARCO Alaska has listened to the concerns about changes regarding              
 the permanent fund.  ARCO Alaska believes this option would work to           
 protect that fund.  He explained where there are zeros now on                 
 marginal fields, this option could create positive values for the             
 state, the industry, and the permanent fund but also could provide            
 a floor on permanent fund contributions which is a sensitive issue.           
                                                                               
 Number 543                                                                    
                                                                               
 MR. THOMPSON explained this option is called a conceptual fixed-              
 variable royalty which means fixed for the permanent fund and                 
 variable for the industry to make investments competitive.  He said           
 the royalty percentage side of the chart has not been filled in yet           
 and felt the numbers should be filled in over the next few months             
 by the joint work earlier talked about.  He pointed to another line           
 which would vary according to oil price.  For example, if oil                 
 prices are high, the royalty should be higher and perhaps the                 
 state's share even higher than what it is currently under existing            
 royalties.                                                                    
                                                                               
 MR. THOMPSON stated there is a realization of the sensitivity                 
 present if industry gets breaks on incentives on small fields--for            
 example if a company goes out hunting for a 50 million barrel field           
 and it turns into a billion barrel field.  He said the royalty                
 could easily be tied to field size.  In the example, a higher                 
 royalty should be involved because the company would get a good               
 return on its investment and the state should share even more.  He            
 stated well productivity plays a key role in driving the industry's           
 economics and making investments.                                             
                                                                               
 MR. THOMPSON said currently on leases (past 1979), 6.25 percent of            
 the royalty goes to the permanent fund.  He explained under this              
 option, that would be fixed for the permanent fund and then it                
 would only vary and track 50 percent as the royalty varied tied to            
 higher oil prices, productivity, or field size.  He emphasized this           
 is just one option.  Some of the options of net profits and other             
 types of royalty variance actually could do similar things and                
 attract investment.                                                           
                                                                               
 MR. THOMPSON said the best option is one worked out by the                    
 industry, the Administration, and the legislature together and then           
 is accepted through a public process.                                         
                                                                               
 REPRESENTATIVE MACLEAN wondered if she could ask a question.                  
                                                                               
 CO-CHAIRMAN GREEN said he would prefer that Mr. Thompson be allowed           
 to go through his presentation and then questions could be asked              
 following that presentation.                                                  
                                                                               
 Number 577                                                                    
                                                                               
 MR. THOMPSON noted that whatever the new tax royalty regime is                
 decided for Alaska for new projects, there may still be projects on           
 the noncompetitive margin.  He said for those projects where the              
 state's new changes are not enough, ARCO will propose a project               
 partner approach.  In this approach, ARCO would come forward with             
 information shared openly and then the state would decide if this             
 partner project would be sufficient to meet the approval for moving           
 forward.  He pointed out that ARCO has looked at potential                    
 categories for the project partnering process.                                
                                                                               
 MR. THOMPSON stated one category is new marginal exploration and an           
 example is Lease Sale 79.  ARCO recently sent a letter to DNR                 
 suggesting more of a partnership in approaching Lease Sale 79.                
 This would get all parties involved much earlier in a public                  
 process to innovate using existing laws and options that would make           
 Lease Sale 79 prospects even more internationally competitive.  He            
 said another category is marginal development, new field.  He noted           
 that ARCO is drilling the West Colville Delta currently and is                
 hoping the well results are good enough for ARCO to move forward              
 without any incentives.  On the other hand, if ARCO has                       
 disappointing well results, and since it is a smaller field                   
 discovery, ARCO questions if it would be possible to work together            
 to innovate what it would take for the jobs and revenue to come               
 from it.                                                                      
                                                                               
 MR. THOMPSON said another category is marginal development,                   
 existing field such as West Sak, a huge resource.  He assured                 
 committee members that ARCO has pieced together technical and                 
 research teams to try to innovate to reduce costs and move forward            
 on the West Sak.  He stated if the cost reductions are not enough,            
 then, and only then, would ARCO come forward for a project                    
 partnering.  He noted another category is fields near abandonment             
 which ARCO does not have.  He pointed out that Cook Inlet and Kenai           
 producers do have fields near abandonment that perhaps would be               
 amenable to project partnering.                                               
                                                                               
 MR. THOMPSON stressed, in regard to earlier overheads on immediate            
 actions and steps to be taken on the long term, those changes may             
 mean that ARCO can move forward without project partnering.  He               
 stated if those changes are not enough, ARCO believes it is a                 
 resource base that should be brought forward and the state should             
 be allowed to look at it in a very open process (with ARCO) to see            
 what it will take to move forward.                                            
                                                                               
 Number 622                                                                    
                                                                               
 MR. THOMPSON said the question may be asked, is what other                    
 countries are doing working?  He stated the UK was a country where            
 production was on the decline, about one and one-half million                 
 barrels a day, similar to Alaska.  He noted the UK's revenues were            
 declining significantly and jobs in the industry were declining               
 causing other jobs in the industry to also decline.  In the 1980s             
 and more recently, the UK has completely changed their philosophy             
 to attract more capital.                                                      
                                                                               
 MR. THOMPSON stated the UK did have a corporate income tax at 52              
 percent and to attract new investments, they lowered it to 33                 
 percent.  The UK had a royalty of 12.5 percent similar to Alaska.             
 In 1983, the UK completely eliminated the royalty.  At one time,              
 the UK had a supplementary petroleum duty which was eliminated.               
 The UK had a petroleum revenue tax that was 45 percent and as high            
 as 80 percent on some properties.  This tax was very similar to               
 Alaska's severance tax.  The UK has now eliminated that tax also.             
 Therefore, in the UK, when looking at capital investments in the              
 oil and gas industry, there is only one taxation royalty--33                  
 percent corporate income tax which compares to Alaska's 39 percent            
 federal and state income tax, severance tax of 0 to 15 percent,               
 royalties of 12.5 percent, and ad valorem tax of 2 percent.                   
                                                                               
 Number 647                                                                    
                                                                               
 MR. THOMPSON said the question becomes, did these changes work in             
 the UK?  After the changes in the 1980s, industry did respond.  He            
 showed an overhead showing capital expenditures.  He stressed since           
 UK's changes, $45 billion of new investment has come into the                 
 country and most of that investment is in small to moderate sized             
 fields.  He stated since the changes, there have been 23 new fields           
 on production since 1985 and 12 other new fields will come on line            
 this year alone, which is a total of 35 new fields.  He pointed out           
 that in Alaska since 1985, four new fields have come on line.                 
                                                                               
 MR. THOMPSON stated in regard to the UK production profile--in the            
 beginning of the 1990s, the old fields were producing about 1.5               
 million barrels per day.  With the changes, the production has gone           
 from 1.5 million barrels per day to over 2.5 million barrels per              
 day.  He pointed out that in December, the UK hit a record high               
 production level for the entire history of their oil and gas                  
 industry.                                                                     
                                                                               
 MR. THOMPSON said this can be done in Alaska if immediate actions             
 are taken to strengthen existing regulations and incentives.  He              
 stressed if some of the long term actions are taken and if the                
 legislature, industry, and the Administration work together, he               
 felt something similar can happen in Alaska.  He noted he does not            
 believe the same steps that UK took should be taken in Alaska.                
 Rather, there is a need to come up with recommendations that will             
 be acceptable to the people of Alaska, the legislature, the                   
 industry, and the Administration.                                             
                                                                               
 TAPE 95-16, SIDE B                                                            
 Number 000                                                                    
                                                                               
 REPRESENTATIVE MACLEAN asked how a fixed-variable royalty would               
 impact the state.                                                             
                                                                               
 MR. THOMPSON replied (referring to an overhead) if the state                  
 accepted the fixed-variable royalty, the permanent fund                       
 contribution would stay the same and the state's share would be               
 above the shaded line.  It is hoped that this would allow more                
 smaller and moderate sized fields to be developed and where those             
 may be zero revenues now, there would be positive revenues.  He               
 stressed if exploration or further delineation in development                 
 results in very large fields, it could be a higher royalty for the            
 state than what currently exists at the 12.5 percent.                         
                                                                               
 REPRESENTATIVE MACLEAN wondered if the project partnering is                  
 already in place with different companies.                                    
                                                                               
 MR. THOMPSON responded ARCO does have partnering projects in place            
 with many of its service suppliers and contractors.  They have sat            
 down together, talked about the trust and communication desired and           
 about common goals on how to reach cost saving targets.  He said              
 ARCO has a partnership with the state of California at the Long               
 Beach unit.  In that partnership, the existing royalties would not            
 make new work there commercial.  Therefore,  ARCO worked with the             
 state to develop a net profits type of concept.  Once the                     
 California State Legislature approved that, ARCO moved forward with           
 $100 million of new investment, resulting in a new 100 million                
 barrels of oil in an old field that was 5 years away from                     
 abandonment.  He noted that all of ARCO's projects in China are               
 partnerships.  In Indonesia, ARCO has a production sharing                    
 contract.                                                                     
                                                                               
 MR. THOMPSON stated ARCO is encouraged by recent discussions they             
 have had with DNR and giving input on Lease Sale 79, including what           
 options are available to them.                                                
                                                                               
 REPRESENTATIVE MACLEAN questioned what type of incentives is ARCO             
 looking for from the state for marginal exploration and                       
 development.                                                                  
                                                                               
 MR. THOMPSON responded near term would involve reenforcing and                
 clarifying existing regulations and having ARCO's technical teams             
 work with the various commissions' technical teams to determine how           
 those regulations could be clarified or changed slightly and then             
 come forward with legislation.  In the long term, he felt it is               
 going to take ARCO's technical teams working with the commissions'            
 technical teams examining some of these other royalty regimes and             
 tax regimes, determining what might be best for Alaska long term              
 and suggesting legislation for next session.                                  
                                                                               
 REPRESENTATIVE MACLEAN agreed that some existing regulations need             
 to be changed, especially for the near term.  She stated in regard            
 to ad valorem taxes, what does ARCO recommend the state pursue in             
 new field development.                                                        
                                                                               
 MR. THOMPSON stated ARCO has not looked at the details to determine           
 if that tax should change.  He said for some fields near their                
 economic limit, if the ad valorem was reduced, it would extend the            
 field life.  ARCO does not have a proposal to do that nor does ARCO           
 have uneconomic fields at this time.  He felt that tax change could           
 be looked at for Cook Inlet or Kenai producers.  He noted he is not           
 aware of any proposals to change ad valorem taxes at this time.               
                                                                               
 REPRESENTATIVE MACLEAN recommended that ARCO look at that proposal.           
                                                                               
 REPRESENTATIVE JOHN DAVIES recalled that Mr. Thompson had mentioned           
 Alaska's corporate income tax is 39 percent, which is a combination           
 of federal and state.  He asked what the proportions are.                     
                                                                               
 MR. THOMPSON replied Alaska has the 9.4 percent and then when the             
 federal is completed, a deduction is received by having paid the              
 state income tax, similar to what individuals have.  He said the              
 combination is around 39 percent.                                             
                                                                               
 REPRESENTATIVE DAVIES clarified the state is not on the smaller               
 end.                                                                          
                                                                               
 MR. THOMPSON answered that is correct.  He said in addition, the              
 state has a 12.5 percent royalty, up to 15 percent severance tax              
 and 2 percent ad valorem tax.                                                 
                                                                               
 REPRESENTATIVE DAVIES recalled that Mr. Thompson had mentioned                
 there were some items he was concerned about in regard to                     
 developing a more flexible regulatory environment, again focusing             
 on smaller new fields.  He asked Mr. Thompson to give some examples           
 of things which might help industry.                                          
                                                                               
 MR. THOMPSON said one example is Lease Sale 79.  There are                    
 different options under existing laws that allow the commissioner             
 to choose lease sale terms.  The commissioner could choose a high             
 bonus and a fixed royalty, for example, or he could choose low                
 bonus and a net profits type of interest that would be shared with            
 the state.  When that option is looked at, areas become much more             
 competitive with the international environment.  He stressed                  
 technical teams are looking at the economics in regard to those               
 laws, where the commissioner has flexibility in determining what              
 would make the sale more competitive with foreign exploration and             
 trying to get more dollars to Alaska.                                         
                                                                               
 MR. THOMPSON stated another example involves fields not close to              
 existing facilities.  He said it takes 100 million to 300 million             
 barrels to be economic.  Allowing some flexibility in the royalty             
 that could be granted by the commissioner would be helpful.                   
                                                                               
 Number 165                                                                    
                                                                               
 REPRESENTATIVE DAVIES stated those examples are more in the line of           
 incentive and tax royalty structures.  He said his question was               
 geared more toward regulations.  He asked if there were specific              
 regulatory types of things he was concerned about.                            
                                                                               
 MR. THOMPSON stated there are.  He mentioned the Alaska Oil and Gas           
 Association is beginning a project to look at what could be some              
 changes to make regulations and the process more effective.  He               
 gave an example on something the industry has faced.  The industry            
 reports very diligently any minor spills of any fluids.  When a               
 minor spill happens, the industry has to phone different agencies             
 and the different agencies have different forms to complete.  He              
 said an idea was a 1-800 number that would be called, then the                
 other agencies would be notified of that specific spill and there             
 would be just one form.  Therefore, the people involved could spend           
 all their time and effort on effective cleanup and remediation                
 versus the regulatory paperwork and administrative burden.                    
                                                                               
 REPRESENTATIVE DAVIES recalled that Mr. Thompson had mentioned that           
 some of the exploration incentives put into place last legislature            
 are not working and that ARCO had applied for three wildcat wells             
 and was turned down.  He asked why ARCO was turned down.                      
                                                                               
 MR. THOMPSON stated ARCO had included three exploration wells in              
 its exploration budget and plans.  He stressed there is a lot of              
 discretion on how that incentive credit is to be applied and a lot            
 of judgment by members within the Oil and Gas Commission and DNR.             
 He said it is not clear when you can get the incentive.  ARCO                 
 applied in every case and then had discussions on whether or not              
 the well was appropriate and would it qualify.  He noted the                  
 applications involved North Slope exploration wells and one Cook              
 Inlet exploration well.  ARCO felt the wells did apply, but as it             
 turned out they did not.  He said what ARCO is suggesting is the              
 possibility of doing something as simple as defining the incentives           
 and determining if a well is an exploration well under IRS or SEC             
 guidelines.  He stressed the state still would have a cap on the              
 number of credits given every year and when that cap is reached,              
 the credits would stop.                                                       
                                                                               
 Number 229                                                                    
                                                                               
 REPRESENTATIVE DAVIES said there was much discussion when the                 
 exploration incentive credits were being debated about how to                 
 define a new field versus a continuing of an existing field.  He              
 asked if the three cases were in that gray area.                              
                                                                               
 MR. THOMPSON stated in some cases, ARCO felt it was very clear a              
 new field was involved.  In others, it could be argued it was an              
 extension of an existing field, although ARCO felt it would be a              
 different area--a new area that would not be recovered from                   
 existing fields.  He stressed it would be helpful to clarify that             
 gray area in existing regulations.                                            
                                                                               
 CO-CHAIRMAN GREEN expressed concern that if in order to justify one           
 or more of these incentives it would require the applicant show a             
 lot of both subsurface and economic criteria that heretofore has              
 been very confidential.  He clarified that Mr. Thompson was saying            
 that companies would in fact be willing to make this information              
 available to the extent necessary.  He expressed concern about the            
 information being made available and either the state does not                
 accept it or there is a delay to the point where a company does not           
 make the investment.  However, this information is now public.  He            
 asked if ARCO believes there is enough impetus to provide this                
 confidential information to get incentives that companies might be            
 willing to make those commitments.                                            
                                                                               
 MR. THOMPSON stated he can only speak for ARCO and ARCO is willing            
 to provide the information.  ARCO is ready for a true partnership             
 with the state that would involve the allowing and sharing of more            
 information so it can be interpreted together.  He said he has seen           
 it happen in other countries and it is very rewarding to work                 
 together and move forward with development.  He noted what is                 
 happening now could be a higher risk such as job layoffs, greatly             
 reduced exploration budgets, etc.  ARCO believes that when they               
 turn over any information, the commission will adhere to the                  
 current confidentiality regulations.                                          
                                                                               
 MR. THOMPSON said in preparation for Lease Sale number 79, in                 
 working with the Alaska Oil and Gas Conservation Commission                   
 (AOGCC), ARCO shared maps and seismic sections that have never been           
 shared before.  ARCO wanted to verify its own interpretation that             
 area would be small to moderate sized fields and if there was oil             
 there, to illustrate there is a chance of discovery so that these             
 more flexible terms under existing law could be applied.  He                  
 stressed that ARCO realized it was taking a risk to share much of             
 that information but trusted the individuals involved.  ARCO also             
 realized that if the information was not shared there may be no               
 loaf instead of one-half a loaf.                                              
                                                                               
 Number 306                                                                    
                                                                               
 CO-CHAIRMAN GREEN thought when the word partnering is used, it                
 conjures up both or multiple partners becoming investors as well.             
 He clarified that Mr. Thompson was not anticipating the state                 
 actually putting up financing.                                                
                                                                               
 MR. THOMPSON said it was partnering through what the state                    
 receives.  He noted if the state wants to invest, that is its                 
 decision.                                                                     
                                                                               
 CO-CHAIRMAN GREEN said in determining the economics of a project              
 and whether or not it would qualify for an incentive, what would be           
 of paramount interest is the anticipated operating and investment             
 expenses.  He said let us suppose we were on a net profits lease.             
 If the state went along, would the state be a party to determining            
 how much is enough?  He expressed concern that if two units could             
 do the activity but three units of costs are projected, the state             
 would say yes because it extends out the life before the net                  
 profits start to kick in or reduces the amount of net profits which           
 would come back to the state.  He asked if the state would have any           
 ability to make suggestions or have any control in regard to                  
 expenditures.                                                                 
                                                                               
 MR. THOMPSON replied in the state of California where ARCO had the            
 partnership on the Long Beach unit, the state was involved in                 
 defining what costs were appropriate and what other expenses would            
 not be appropriate.  Those categories were defined and yearly, the            
 state audits ARCO's costs to ensure it has complied with what was             
 in writing as qualifiable costs.  He felt that could be done in               
 this case for net profits.  He noted there may be an administrative           
 burden in doing that--things such as the conceptual fixed-variable            
 royalty may get the same result without that kind of burden of                
 administration.  He stressed that is what needs to be worked                  
 through in the next few months.                                               
                                                                               
 MR. THOMPSON added that under net profits, it does behoove both the           
 operator and the state to keep the costs as low as possible.                  
                                                                               
 REPRESENTATIVE MACLEAN asked Mr. Thompson to further discuss the              
 discovery royalty credit.                                                     
                                                                               
 MR. THOMPSON stated the discovery royalty credit provides that a              
 lessee, who makes the first discovery of oil or gas on a structure,           
 pays a royalty of 5 percent for 10 years following the date of                
 discovery, and then 12.5 percent royalty thereafter.  He stressed             
 it is only on that lease.  He said there would be other leases in             
 the field.  He noted a simple idea--on the other leases, the                  
 discovery royalty should be allowed but maybe have it for only five           
 years.                                                                        
                                                                               
 REPRESENTATIVE MACLEAN clarified that one of the options is to                
 extend the time period.                                                       
                                                                               
 MR. THOMPSON replied ARCO has not looked at extending the time on             
 the discovery lease beyond ten years.                                         
                                                                               
 REPRESENTATIVE MACLEAN asked what ARCO's recommendation would be.             
                                                                               
 MR. THOMPSON said it is an area which needs to be reviewed by                 
 ARCO's technical teams working with the commission to determine               
 what might be appropriate.  He stated something as simple as having           
 a few years could have an impact but the exact recommendation                 
 should come from the technical teams.                                         
                                                                               
 Number 378                                                                    
                                                                               
 CO-CHAIRMAN GREEN stated ARCO is not actually advocating specific             
 options but are suggesting various options.  He added exploration             
 royalty reduction has been in effect in the state and was repealed            
 a short time ago.  He said this is not a new concept but what ARCO            
 is referring to is perhaps the leases adjacent to the discovery               
 lease.                                                                        
                                                                               
 MR. THOMPSON stated on behalf of the employees of ARCO Alaska, he             
 would like to thank the committee for the opportunity to share                
 ARCO's ideas.                                                                 
                                                                               
 Number 390                                                                    
                                                                               
 JAMES PALMER, DIRECTOR, EXTERNAL AFFAIRS, BRITISH PETROLEUM                   
 EXPLORATION (ALASKA) INC. (BP), stated "given our common challenges           
 and shared opportunities as an industry and as a state, it is                 
 particularly fitting that we're gathered here together to explore             
 how we can work together to attract new industry investment to                
 Alaska.  BP is pleased to be a part of this new dialogue, which we            
 hope will lead to a new era of cooperation between state government           
 and the state's largest investors and taxpayers."                             
                                                                               
 MR. PALMER said, "Our industry has gone through an extended period            
 of unprecedented change--often painful--to arrive at our current              
 crossroads.  We've experienced downsizing, rightsizing,                       
 restructuring, realignment, outsourcing, alliancing, shared                   
 services, streamlining, technological breakthroughs and countless             
 other innovations and upheavals in the way we do business in order            
 to remain competitive in the global market."                                  
                                                                               
 MR. PALMER stated, "As a result, we've been able to reduce costs in           
 a climate of declining production, we've been able to hold overall            
 production decline on the North Slope to less than five percent per           
 year.  We have been able to hold decline to these levels only by              
 continuing to invest in new and existing fields on the North Slope.           
 This year we plan to invest more than half a billion dollars of               
 capital in Alaska, successfully competing within BP for those                 
 funds.  These investments generate jobs for Alaskans and revenues             
 for Alaskan businesses.  They help to sustain the flow of revenues            
 that fund state government spending and fuel future investments in            
 the Alaskan oil industry.  They extend the lives of our North Slope           
 operations, and they hold one of the keys to Alaska's economic                
 future."                                                                      
                                                                               
 MR. PALMER continued, "Despite our best efforts within the                    
 industry, however, we remain under siege from a variety of forces             
 undermining our efforts to attract additional investments to                  
 Alaska.  In real terms, the price of oil has been on a downward               
 trend for the past 15 years.  This, combined with declining                   
 production in Alaska, has slowed the flow of revenues that fund               
 future investments.  At the same time, a world of new investment              
 opportunities--literally as well as figuratively--has been opening            
 up to the oil industry due to falling political barriers, new                 
 technologies and friendlier relationships with many host                      
 governments in oil provinces around the world.  In this global                
 environment, companies are limiting the scope of their activities             
 and becoming increasingly selective in choosing which projects to             
 pursue.  Investments are directed to areas offering the highest               
 returns with the lowest risks."                                               
                                                                               
 MR. PALMER stated, "Alaska is disadvantaged in this fiercely                  
 competitive environment for increasingly scarce investment capital            
 due to our remoteness, our high transportation costs, our                     
 restricted markets, a state budget deficit that casts a cloud of              
 uncertainty over all of our investments and a history of antagonism           
 between industry and the state.  Furthermore, the opportunities               
 that do exist on the North Slope consist of marginal new oil fields           
 or marginal projects within existing fields."                                 
                                                                               
 MR. PALMER said, "The first step toward capturing the significant             
 potential for new investments, revenues and jobs in Alaska in this            
 emerging era of marginal development on the North Slope is                    
 redefining "us and them" to mean Alaska's unity as we compete                 
 globally for increasingly scarce investment capital rather than our           
 divisiveness as we fight among ourselves.  It is imperative that we           
 work together to take tangible steps today toward a strong and                
 stable industry, toward a strong and stable Alaskan economy                   
 tomorrow."                                                                    
                                                                               
 Number 445                                                                    
                                                                               
 MR. PALMER continued, "We are encouraged that the legislature is              
 taking initiatives such as your hearing today to provide forums for           
 the dialogue that will enable us to work together to develop win-             
 win solutions to our common challenges.  We are also encouraged               
 that the Governor has made unity between government and business a            
 theme of his new Administration and has reinforced his words with             
 his actions since he took office.  The progress the state of Alaska           
 and BP have made in the past year working cooperatively to lift the           
 federal ban on North Slope oil exports is testimony to what we can            
 accomplish together.  Ending the ban will truly be a win-win                  
 outcome that will both enhance the flow of revenues to producers              
 and the state and enhance the competitiveness of Alaskan                      
 investments."                                                                 
                                                                               
 MR. PALMER stated, "Resolution of significant past tax disputes               
 during 1994 have improved the investment climate in Alaska.  We can           
 now focus our efforts on the future without looking over our                  
 shoulders at liabilities of the past.  Recently enacted tax                   
 regulations have helped to clarify how to value oil for tax                   
 purposes for companies that refine their own oil.  However, the               
 same vagueness that led to past disputes continues for companies              
 like BP that sell or trade the oil they produce on the North Slope.           
 Vagueness equals uncertainty, uncertainty equals risk, and risk               
 equals competitive disadvantage in our efforts to attract capital             
 to Alaska."                                                                   
                                                                               
 MR. PALMER said, "Tax clarity for all producers would reduce our              
 risk and would be a significant win for us and a significant win              
 for the state.  By helping to minimize our risk, you can strengthen           
 our position to compete for investments that will benefit us all.             
 The fiercely competitive global environment in which we operate               
 makes it an uphill struggle, and the marginal nature of projects we           
 have to pursue on the North Slope makes the hill even steeper.  We            
 in BP and in the oil industry are doing all we can to compete for             
 these investments."                                                           
                                                                               
 MR. PALMER told committee members, "Consider the Badami discovery             
 about 30 miles east of the producing Endicott field on the North              
 Slope.  This field is typical of the projects in the 100 to 150               
 million barrel range we expect will be developed over the short and           
 medium terms.  The first hurdle we must clear is confirming the               
 size and quality of the reservoir.  We are currently drilling two             
 appraisal wells and hope to have the results assessed by this fall.           
 We believe Badami must hold at least 100 million barrels of                   
 recoverable oil in order to have a chance to make it commercially             
 viable.  If we clear that hurdle, we are still a long way from                
 having a project.  When we first began to evaluate Badami about a             
 year ago, we identified four primary obstacles:  It was too costly,           
 there was too much time between discovery and production, there               
 were time consuming regulatory roadblocks, and there was no hedge             
 against the risk of low prices.  All four still remain, and we've             
 been doing everything within our power to overcome them."                     
                                                                               
 MR. PALMER stated, "The cost hurdle is enormous.  Our initial                 
 projection of the development cost, based on doing things the old             
 way, was $800 million.  We must reduce the pricetag by more than              
 half in order to enable Badami to compete effectively for                     
 development funding.  In our effort to reduce costs without                   
 comprising safety or the environment, we have considered a myriad             
 of innovative development techniques--a buried, chilled pipeline,             
 facility sharing and remote operations, to name a few.  We have               
 also assembled a team of key contractors who are working with us to           
 find solutions to the cost challenge."                                        
                                                                               
 MR. PALMER explained, "Traditionally, we would be waiting for the             
 results of this winter's wells before taking this step.  However,             
 traditions that have evolved over the past two decades of North               
 Slope oil field development will not overcome the challenges posed            
 by the marginal development opportunities of the future.  Timing is           
 crucial, and it is imperative that we shorten the period between              
 discovery and production.  That is why we have assembled                      
 contractors now rather than later and asked them to work together             
 as a team.  It is also why we initiated discussions with state,               
 federal and borough regulators months ago instead of later, then we           
 filed for permits."                                                           
                                                                               
 Number 512                                                                    
                                                                               
 MR. PALMER said, "This approach unquestionably adds to our up-front           
 risk.  We understand there are no guarantees, but it is a risk we             
 believe we must assume in order to have a chance to make this                 
 project viable.  We also believe it will help to incorporate the              
 best ideas into the planning process, and we hope it will help to             
 resolve official and public concerns about the project and help to            
 expedite the permitting process.  There is one other risk that we             
 must manage, and that is the risk of low prices.  That is why we              
 are interested in a sliding-scale royalty for Badami that would be            
 sensitive to oil prices.  This would help to minimize our risk                
 exposure to low prices, and it would enhance our prospects for                
 making development commercially viable."                                      
                                                                               
 MR. PALMER stated, "The sliding-scale royalty concept would enable            
 us to share the risks of low prices and the rewards of higher                 
 prices with you, our co-beneficiary, if you will, in having Badami            
 developed.  Badami is neither competitive nor commercially viable             
 today.  Our shared goal with the state of Alaska must be to make it           
 competitive and commercially viable so we can share the benefits of           
 the production, the revenues and the Alaska jobs the project would            
 generate.  If we are to work together to successfully attract                 
 investments to Alaska, we must all be flexible in approaching the             
 challenges and opportunities posed by each new project.  We believe           
 this suggests a broader discussion in the legislative arena of the            
 use of royalties as a development incentive tool."                            
                                                                               
 MR. PALMER told committee members, "We believe it is appropriate              
 for the legislature to consider giving the commissioner of Natural            
 Resources the authority to adjust royalty terms on new developments           
 on a case-by-case basis if changes are needed in order to make a              
 project viable.  Some of the criteria that might be considered in             
 reviewing royalty terms are:  Does the project need a major cost              
 breakthrough in order to be competitive?  Even if it overcomes the            
 initial cost hurdle, will it still be vulnerable to low oil prices?           
 Could it bring jobs and new technology to Alaska?  Could it make              
 other exploration, appraisal or development projects more                     
 attractive?"                                                                  
                                                                               
 MR. PALMER stated, "We are not suggesting that flexible royalty               
 terms are necessary--or even appropriate--for every project.  But             
 to the extent that they can be used to enhance the competitiveness            
 of projects whose funding otherwise might go elsewhere, it is                 
 important that the state have the tool available and ready for use.           
 Whether to grant flexible royalty terms--and what kind--will be a             
 judgment call on the state's part.  It will be incumbent on                   
 companies like BP that are seeking them, therefore, to be                     
 completely open and forthcoming with the information state                    
 regulators need in order to make that determination.  Only then can           
 we deal with each other in an honest and collaborative manner and             
 work together toward our common objective of securing new                     
 investments."                                                                 
                                                                               
 MR. PALMER stressed, "This is not the time for demands.  It is not            
 the time for threats or hollow promises, and it is not the time for           
 brinkmanship or posturing.  It is the time, if we are truly                   
 committed to working together to capture Alaska's share of industry           
 investments, for constructive, open, productive dialogue such as we           
 are having today that leads to win-win solutions for the industry,            
 for state government, and for all Alaskans.  I pledge BP's                    
 complete, unconditional cooperation and support in this endeavor.             
 Thank you."                                                                   
                                                                               
 Number 545                                                                    
                                                                               
 REPRESENTATIVE MACLEAN recalled that Mr. Palmer had talked about              
 tax clarity.  She wondered what type of tax clarity he was                    
 referring to.                                                                 
                                                                               
 MR. PALMER responded BP's past disputes, to a large degree,                   
 involved a debate over what was the value of the oil when it was              
 sold.  The regulations recently enacted set tax clarity for                   
 producers who refine their own oil.  He said a mathematical                   
 calculation was done and this was called the prevailing value.  If            
 a company paid its severance tax based on that prevailing value               
 that was assumed correct, similar to the current process for                  
 royalty payments.  He stated BP is seeking the same treatment for             
 sales of crude oil, which would give them certainty so when they              
 pay a severance tax today, they know that is the payment and there            
 will not be a debate with the state years from now over whether or            
 not that payment was correct.                                                 
                                                                               
 REPRESENTATIVE MACLEAN asked Mr. Palmer to further explain the                
 sliding-scale royalty concept.                                                
                                                                               
 MR. PALMER said BP has had good discussions with the department               
 regarding the sliding-scale royalty concept and the discussions               
 revolved around risks of low oil prices.  The discussions centered            
 around the sliding-scale royalty based on oil prices--there would             
 be a base amount of royalty and a ceiling.  In between, there would           
 be a sliding scale and the royalty rate paid would be based on what           
 the price of oil was.                                                         
                                                                               
 REPRESENTATIVE MACLEAN wondered if the sliding-scale royalty would            
 be used on marginal fields also.                                              
                                                                               
 MR. PALMER responded yes and added this concept would be most                 
 appropriate for individual projects.  He noted the state would make           
 a decision on each individual project.  He said there is a question           
 as to whether or not the state has the authority to grant such a              
 sliding-scale royalty and attorneys are saying different things.              
                                                                               
 REPRESENTATIVE MACLEAN clarified it would have to go through the              
 legislative body.                                                             
                                                                               
 MR. PALMER responded legislative clarification of the authority of            
 the commissioner would be warranted.                                          
                                                                               
 Number 579                                                                    
                                                                               
 CO-CHAIRMAN GREEN noted that Mr. Palmer had mentioned Prudhoe was             
 declining at upwards of 15 percent, but through other investments             
 and other fields, BP had been able to lower the overall decline to            
 5 percent.  He asked Mr. Palmer to explain the severity of what a             
 15 percent decline rate would mean over a 5 year period.                      
                                                                               
 MR. PALMER responded he would be happy to bring forward people who            
 could speak to that question more knowledgeably than him and added            
 the producers could provide that information in detail.  He added             
 that Prudhoe did decline but Point McIntyre is performing very                
 well.                                                                         
                                                                               
 CO-CHAIRMAN GREEN clarified even with these other fields coming on            
 line, it is still not possible to offset the decline of such a                
 major field like Prudhoe.                                                     
                                                                               
 MR. PALMER said that was correct.                                             
                                                                               
 CO-CHAIRMAN GREEN clarified that Mr. Palmer subscribes to the same            
 general philosophy given by ARCO--looking at a variety of                     
 potentials that would help BP invest in Alaska as opposed to going            
 to the world market.                                                          
                                                                               
 MR. PALMER replied yes.  He stressed BP agrees with everything Mr.            
 Thompson said and looks forward to working with ARCO and other                
 producers in Alaska as well as the state.                                     
                                                                               
 Number 604                                                                    
                                                                               
 CO-CHAIRMAN GREEN asked if incentives or packages were enacted by             
 the state, is there a possibility of re-energizing some of those              
 companies who have left Alaska.                                               
                                                                               
 MR. PALMER said he could not speak on what other companies would              
 do.  As an Alaskan, he would hope those companies do come back as             
 it is important for those who live in the state to have a very                
 vigorous oil industry.  He stressed it is imperative that the state           
 have additional participants in the industry.                                 
                                                                               
 REPRESENTATIVE DAVIES recalled that most of the discussions                   
 revolved around new oil discoveries.  He asked Mr. Palmer to                  
 comment on the potential for gas development.                                 
                                                                               
 MR. PALMER responded there is a huge resource of natural gas on the           
 North Slope.  He said that resource has been around for a long                
 time.  He noted that all of the producers on the North Slope are              
 looking to commercialize that resource.  The question remains under           
 what terms can they get a good economic recovery from it.  He                 
 pointed out the three companies who are looking at that resource              
 are engaged in a major effort to look at opportunities to market              
 that gas.  At this time, he could not comment on specific plans.              
                                                                               
 CO-CHAIRMAN BILL WILLIAMS wondered if the industry was to receive             
 everything they are asking for, how long would Alaska be                      
 competitive in the oil industry.                                              
                                                                               
 MR. PALMER responded since he lives in the state and wants his                
 children to stay, he hopes the state will remain competitive for a            
 very long time.  He said the world changes and the group gathered             
 may be having another discussion in 10-15 years but he felt as long           
 as the state can remain competitive, which may mean different                 
 things in different periods of time, the state will have a viable             
 industry.  He stressed flexibility is very important.                         
                                                                               
 CO-CHAIRMAN WILLIAMS stated partnerships have been previously                 
 discussed.  He said the oil is owned by the state of Alaska,                  
 similar to the logging industry where village corporations own the            
 timber.  He noted that some village corporations have sold their              
 timber outright and took it for stumpage sale.  Other corporations            
 went and took the risk and contracted out the logging.  He wondered           
 if that could be done in this situation.                                      
                                                                               
 TAPE 95-17, SIDE A                                                            
 Number 000                                                                    
                                                                               
 MR. PALMER responded the legislature has the authority to do that.            
 He said there are many countries in the world who do it that way.             
 Whether or not a company would decide that it is in their economic            
 interest to enter into such an arrangement versus the current                 
 arrangement would have to be looked at to make sure there are                 
 people interested in doing such an arrangement.                               
                                                                               
 REPRESENTATIVE ALAN AUSTERMAN recalled reading about a large                  
 natural gas field off Africa or Indonesia which industry is in the            
 process of developing at this time.  He wondered if BP is able to             
 spend hundreds of millions of dollars over there to pull a lot of             
 gas out of the ground and sell it as compared to Alaska due to the            
 structure of the tax basis here and what it costs to do business in           
 Alaska.                                                                       
                                                                               
 MR. PALMER stressed BP is not involved in that project which is in            
 Indonesia.  He explained his understanding is that it is not a                
 project yet but rather, the producers have entered into an                    
 agreement with Indonesia to look at a project.  He said it is a               
 similar situation as to what is in Alaska--the resource is there              
 and the producers are trying to make it commercially viable.                  
                                                                               
 REPRESENTATIVE AUSTERMAN stated in general terms, the economics in            
 that part of the world must be better than what they are in the               
 state of Alaska.                                                              
                                                                               
 MR. PALMER said he could not comment on it because he does not know           
 the particulars.                                                              
                                                                               
 CO-CHAIRMAN GREEN asked if there were any other questions.  He                
 thanked Mr. Thompson and Mr. Palmer for their presentations.  He              
 stated the legislature looks forward to working with them both                
 during this session and during the interim.                                   
                                                                               
 REPRESENTATIVE MACLEAN noted for the record that she is going to              
 chastise Co-Chairman Green for his committee process.  She felt               
 committee members should have the freedom to ask questions during             
 the discussion because it is very important for members to                    
 understand oil and gas related matters, especially when the matters           
 concern her district.                                                         
                                                                               
 CO-CHAIRMAN GREEN said he would talk to Representative MacLean                
 after the meeting about the matter.                                           
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to come before the House Resources            
 Committee, Co-Chairman Green adjourned the meeting at 9:35 a.m.               
                                                                               
                                                                               

Document Name Date/Time Subjects