Legislature(1995 - 1996)

03/24/1995 08:05 AM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE RESOURCES STANDING COMMITTEE                              
                         March 24, 1995                                        
                           8:05 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 Pete Kott                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Irene Nicholia                                                 
 Representative Eileen MacLean                                                 
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HB 207:   "An Act relating to adjustments to royalty reserved to              
           the state to encourage otherwise uneconomic production of           
           oil and gas; relating to the depositing of royalties and            
           royalty sale proceeds in the Alaska permanent fund; and             
           providing for an effective date."                                   
                                                                               
           HEARD AND HELD                                                      
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 JOHN SHIVELY, Commissioner                                                    
 Department of Natural Resources                                               
 400 Willoughby Ave.                                                           
 Juneau, AK   99801                                                            
 Phone:  465-2400                                                              
 POSITION STATEMENT:  Commented on HB 207                                      
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG                                                
 Alaska State Legislature                                                      
 State Capitol, Room 110                                                       
 Juneau, AK   99801                                                            
 Phone:  465-4968                                                              
 POSITION STATEMENT:  Provided overview on CSHB 207(O&G) and                   
                      answered questions                                       
                                                                               
 TIMOTHY WAGNER                                                                
 P.O. Box 100078                                                               
 Fairbanks, AK   99510                                                         
 Phone:  248-0597                                                              
 POSITION STATEMENT:  Provided information on an invention                     
                                                                               
 RICHARD FINEBERG, Representative                                              
 Research Associates                                                           
 P.O. Box 416                                                                  
 Ester, AK   99725                                                             
 Phone:  479-7778                                                              
 POSITION STATEMENT:  Voiced concerns regarding HB 207                         
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 207                                                               
 SHORT TITLE: ADJUSTMENTS TO OIL AND GAS ROYALTIES                             
 SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                  
                                                                               
 JRN-DATE    JRN-PG                ACTION                                      
 02/27/95       501    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/27/95       501    (H)   OIL & GAS, RESOURCES, FINANCE                     
 02/27/95       501    (H)   FISCAL NOTE (DNR)                                 
 02/27/95       501    (H)   2 ZERO FISCAL NOTES (DNR, REV)                    
 02/27/95       501    (H)   GOVERNOR'S TRANSMITTAL LETTER                     
 03/08/95       665    (H)   CORRECTED FISCAL NOTE (DNR)                       
 03/09/95              (H)   O&G AT 12:00 PM CAPITOL 17                        
 03/09/95              (H)   MINUTE(O&G)                                       
 03/14/95              (H)   O&G AT 10:00 AM CAPITOL 124                       
 03/14/95              (H)   MINUTE(O&G)                                       
 03/15/95              (H)   O&G AT 05:00 PM BELTZ ROOM 211                    
 03/15/95              (H)   MINUTE(O&G)                                       
 03/16/95              (H)   O&G AT 10:00 AM CAPITOL 124                       
 03/16/95              (H)   MINUTE(O&G)                                       
 03/17/95              (H)   O&G AT 05:00 PM CAPITOL 124                       
 03/17/95              (H)   MINUTE(O&G)                                       
 03/20/95              (H)   O&G AT 05:00 PM CAPITOL 106                       
 03/21/95              (H)   O&G AT 10:00 AM CAPITOL 124                       
 03/22/95       848    (H)   O&G RPT  CS(O&G) NT 4DP 1NR 2AM                   
 03/22/95       849    (H)   DP: OGAN,BRICE,ROKEBERG,B.DAVIS                   
 03/22/95       849    (H)   NR: G.DAVIS                                       
 03/22/95       849    (H)   AM: WILLIAMS, FINKELSTEIN                         
 03/22/95       849    (H)   0&G LETTER OF INTENT                              
 03/22/95       849    (H)   INDETERMINATE FISCAL NOTE (REV)                   
 03/22/95       850    (H)   FISCAL NOTE (DNR) 3/8/95                          
 03/22/95       850    (H)   ZERO FISCAL NOTE (REV) 2/27/95                    
 03/22/95       850    (H)   REFERRED TO RESOURCES                             
 03/22/95              (H)   RES AT 08:00 AM CAPITOL 124                       
 03/22/95              (H)   MINUTE(RES)                                       
 03/24/95              (H)   RES AT 08:00 AM CAPITOL 124                       
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 95-39, SIDE A                                                            
 Number 000                                                                    
                                                                               
 The House Resources Committee was called to order by Co-Chairman              
 Green at 8:05 a.m.  Members present at the call to order were                 
 Representatives Green, Ogan, Austerman, Davies and Kott.  Members             
 absent were Representatives Williams, Barnes, MacLean and Nicholia.           
                                                                               
 CO-CHAIRMAN JOE GREEN announced the committee would hear HB 207.              
 He said it was not his intent to move the bill today, but rather              
 have the committee become familiar with the bill.                             
                                                                               
 HRES - 03/24/95                                                               
 HB 207 - ADJUSTMENTS TO OIL AND GAS ROYALTIES                               
                                                                               
 JOHN SHIVELY, COMMISSIONER, DEPARTMENT OF NATURAL RESOURCES (DNR),            
 testified via teleconference and stated the Governor has tried to             
 develop the impression with the oil industry and others that Alaska           
 is a good place to do business, because there are some people who             
 do not believe that.  He said the Administration believes there are           
 a number of things which can be done, both in the state's best                
 interest and in the oil industry's best interest, to help encourage           
 greater oil development.  He noted part of that may be done now but           
 the bulk of that will be done through the study the Governor's Oil            
 and Gas Policy Council will be conducting over the next several               
 months.                                                                       
                                                                               
 MR. SHIVELY said in discussing with industry the changes which                
 might be done immediately, it was felt that amending the existing             
 law which allows royalty reductions, to increase the flexibility,             
 particularly to add marginal fields, and to allow a system where              
 the commissioner could make a reasonable determination is something           
 which could be done this year.  He stated the Administration worked           
 with industry to develop the original draft.  The Administration              
 then worked with Chairman Norman Rokeberg, Oil and Gas Committee              
 (OGC), to come up with the committee substitute (CS).  He                     
 complimented Representative Rokeberg on his excellent work on a               
 very complex piece of legislation.  He added, although the                    
 department would like to make a few changes to the OGC CS, he felt            
 the OGC did a lot of work.                                                    
                                                                               
 MR. SHIVELY stated the Administration wanted certain principles in            
 the legislation.  The driving force was to allow the department to            
 reduce royalties for marginal fields.  The Administration did not             
 believe that was allowed under current law.  He noted the                     
 department could allow royalty reductions on shut-in fields or                
 fields which were about to be abandoned but not for marginal                  
 fields.  Therefore, the three were combined in HB 207.  He                    
 explained another concept desired, was having the ability to get an           
 expeditious decision, so a larger discretion was left in the hands            
 of the commissioner.  That issue has generated a lot of discussion.           
 He thought the OGC ultimately decided there should be some review             
 by the Alaska Royalty Oil and Gas Development Advisory Board                  
 (AROGDAB).                                                                    
                                                                               
 MR. SHIVELY stated the third principle important to the                       
 Administration was that the state maintain some income from the               
 royalty reductions.  Current law allows the commissioner to go down           
 to a zero royalty for shut-in or abandoned fields.  The current CS            
 keeps that principle but has a floor for marginal fields.  He said            
 the Administration had a slightly different approach, felt there              
 should be some floor for all three situations and agreed to go to             
 25 percent of the existing royalties.                                         
                                                                               
 Number 117                                                                    
                                                                               
 REPRESENTATIVE JOHN DAVIES recalled Mr. Shively had mentioned there           
 were some changes the department would like to see in CSHB
 207(O&G).  He wondered if the department had those changes in the             
 form of proposed amendments.                                                  
                                                                               
 MR. SHIVELY stated he did not have actual language to propose.  He            
 noted he is working off the Oil and Gas CS.  He said the main                 
 desire of the Administration is a floor, which is contained on page           
 2, lines 30 and 31, and confines the royalty reduction to only                
 section (1)(A), which is marginal fields.  The Administration would           
 recommend deleting the words "under (1)(A) of this subsection".  He           
 added the Administration felt the language on page 2, lines 16-29             
 was too cumbersome.                                                           
                                                                               
 MR. SHIVELY said the Administration did not agree with the concept            
 of oversight by the AROGDAB.  He stated the Administration felt the           
 discretion should remain with the commissioner.  He noted the OGC             
 looked at several options.  The OGC looked at oversight by the                
 Attorney General's office, the Alaska Oil and Gas Conservation                
 Commission (AOGCC), and the AROGDAB.  He said the committee finally           
 chose the AROGDAB.                                                            
                                                                               
 MR. SHIVELY stated there was intent language which the Co-Chairman            
 was going to work on but he did not know what the final result was.           
 He said many thought the intent language was much more restrictive            
 than the law and would ultimately cause some problems.                        
                                                                               
 CO-CHAIRMAN GREEN asked Representative Rokeberg to overview HB 207.           
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG asked Mr. Shively if he had received           
 the work draft CS, version K.                                                 
                                                                               
 MR. SHIVELY responded he had received the work draft CS but added             
 he was working off CSHB 207(O&G) and his comments did not reflect             
 the work draft CS.  He said the Administration would like to also             
 comment on the work draft CS at some point.                                   
                                                                               
 Number 187                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG explained the OGC made adjustments to the             
 Governor's bill.  He said the OGC removed the first section of the            
 Governor's first draft of the bill which related to the hold                  
 harmless provision on the permanent fund.  The rationale behind the           
 deletion was that section would be a change in the law and the                
 committee decided to keep the status quo.  He noted the change in             
 the law would have held a percentage of either 25 or 50 percent of            
 the allocation to the permanent fund, as per the age of the leases.           
                                                                               
 REPRESENTATIVE ROKEBERG explained that the OGC felt this section              
 would have artificially set too high a floor on any type of sliding           
 scale computation the commissioner may do.  For example, leases               
 made after 1980 would require a 50 percent floor.  Therefore, the             
 commissioner's hands would be tied, particularly in regard to older           
 fields.  For example, on a typical 12.5 percent royalty, if the               
 commissioner decided to set it at 8 percent, that would allocate              
 6.25 percent to the permanent fund and only 1.75 percent to the               
 general fund.  Conceivably, the point could be reached where                  
 nothing goes to the general fund and whatever is received would go            
 to the permanent fund.  He said the committee felt that in light of           
 the concept behind HB 207, which is to open up fields that would              
 not otherwise be opened, both the general fund and the permanent              
 fund should benefit conceptually.  Therefore, to maintain the                 
 status quo on the allocation was the proper method.  He added he              
 had discussed this issue with the Governor and commissioner and the           
 general consensus was that is the best way to go.                             
                                                                               
 Number 270                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG explained on page 1, the OGC decided to               
 break out and define the different types of areas which might be              
 looked at such as new fields, existing fields, and shut-in fields.            
 The committee added language to more clearly define what field                
 means like pool or portion of a field or pool.  He said the                   
 committee also added the language about sufficiently delineating a            
 field to the satisfaction of the commissioner.                                
                                                                               
 REPRESENTATIVE ROKEBERG said subsection (3) on page 2 provides that           
 all components of the agreement would be made up-front in order to            
 recognize the prudence of the contract between the applicant and              
 the commissioner.  He explained the OGC, in its draft of HB 207,              
 mandated that the commissioner and the applicant bargain up-front             
 for some provision to compensate for any increase or decrease in              
 the price of oil.  The committee then went on to say the                      
 commissioner would have the flexibility to consider other relevant            
 factors and stipulated such factors as proved reserves, well                  
 productivity, or capital investment, just as a reminder to the                
 commissioner that he should consider those factors.  He noted there           
 could be a list of 100 items.                                                 
                                                                               
 REPRESENTATIVE ROKEBERG added that testimony from industry                    
 indicated one of their concerns, particularly in older fields, is             
 if they were to make substantial investments in their fields and              
 there was a unilateral reopener by the commissioner, there might be           
 a chilling effect on their desire to invest if an agreement was not           
 bargained up-front.  He stated that is why it was stipulated in the           
 language that the agreements be made up-front.  Therefore, the                
 state's interest would be protected, as well as the applicant's               
 interest, in terms of an investment.                                          
                                                                               
 Number 314                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG stated after significant testimony, the OGC           
 decided to adopt a provision, page 2, line 30, that provided a                
 floor of 25 percent on a new field and recognized current law as it           
 relates to older fields.  He said the current statute, AS                     
 38.05.180(j), does not stipulate any type of a floor--it is wide              
 open in terms of the commissioner's discretion.  Therefore,                   
 particularly in light of the economics of older fields, the OGC               
 felt it was necessary to give the commissioner maximum flexibility            
 as it relates to those fields and zeroed it out.  He stated the               
 committee tried to make certain distinctions between old and new              
 fields, recognizing the provisions of existing law, removing some             
 of those obstacles, and then allowing the commissioner to move                
 forward on both fronts.                                                       
                                                                               
 Number 338                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG said on page 3, beginning at line 8, the              
 OGC added a provision which went through a quick evolution and the            
 resulting language did not come out very artfully.  The committee             
 took testimony from producers in older fields, where there had been           
 transfers of ownership from one leaseholder to another of existing            
 production.  He noted there were instances and a case history where           
 a royalty reduction application was denied because of the                     
 regulatory schemes in place under AS 38.05.180(j).  He explained              
 that statute requires the entire history of the field be provided             
 to the commissioner and the director of the Division of Oil and Gas           
 in reviewing the application.  In this case, the leasehold had                
 changed hands on two occasions and the historical data did not                
 follow with the purchase and sales transactions through the course            
 and history of that particular field.  Therefore, the company shut            
 down production in Cook Inlet because it could not receive the                
 royalty reduction due to the fact it did not have the required data           
 from the prior situation.                                                     
                                                                               
 REPRESENTATIVE ROKEBERG stated the OGC tried to put a provision in            
 HB 207 which lessened the burden of the applicant in instances                
 where that particular data was not available to them.  He noted Co-           
 Chairman Green had artfully redesigned this language in the new               
 work draft CS.                                                                
                                                                               
 Number 373                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG told committee members the OGC added                  
 provisions such as the one on page 3, line 14, that the findings              
 would be written.  He said the original bill the Governor brought             
 forward contained a provision where the commissioner could retain             
 a consultant to review the technical data provided by the applicant           
 and the applicant would pay for that consultant.  He noted the OGC            
 had received significant testimony about the nature of that                   
 relationship.  The OGC decided to set up a system whereas the                 
 commissioner would provide a list of consultants, the applicant               
 could choose from that list, the applicant would pay for the                  
 consultant, the commissioner would define the scope of work and the           
 consultant would work for the commissioner.                                   
                                                                               
 REPRESENTATIVE ROKEBERG explained this system had an added beauty             
 because it allowed the process to happen rapidly, due to the fact             
 that it avoided going through the state's procurement code, by                
 having the direct contract or relationship between the                        
 commissioner's office and the consultant, since the applicant was             
 hiring the consultant.  The OGC decided to set up this system                 
 because testimony indicated there may be instances where the                  
 applicant has a bad experience with a consultant because there was            
 no list contained in the original bill.  The OGC wanted to provide            
 some veto power on the part of the applicant, who is paying for the           
 consultant, to have some say over who is paid.  He said in order to           
 have a certain amount of flexibility and have some control by the             
 commissioner, the commissioner would bring forward the list.  He              
 noted the OGC and the Administration came to an agreement on this             
 clause which was a conceptual change from the Governor's bill.                
                                                                               
 Number 411                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG stated one of the more difficult tasks the            
 committee had was trying to generate greater oversight for the                
 protection of the public's interest in the discretionary power of             
 the commissioner.  He said during several of the committee's                  
 discussions, the committee primarily discussed inserting the AOGCC            
 into the loop to provide a review of the process.  Testimony                  
 indicated the need to theorize there is the "evil" commissioner.              
 Therefore, some oversight has to be provided because as some of the           
 testimony pointed out, it is possible to go on a continuum from               
 skullduggery on one hand all the way over to a plain stupid                   
 decision.  The OGC felt some additional oversight was needed.                 
                                                                               
 REPRESENTATIVE ROKEBERG stated the OGC discussed adding the                   
 Attorney General as one entity who could provide that oversight.              
 He explained that concept was voted down.  The general consensus              
 was the Attorney General is already part of the loop and is                   
 advising the commissioner anyway, so actual oversight could not be            
 provided.  He said the OGC then discussed the AOGCC.  The OGC felt            
 the AOGCC would be an excellent organization to provide the                   
 oversight, particularly because later in the bill there is a                  
 provision of confidentiality.  The company can ask that the                   
 technical and financial data they forward to the commissioner, as             
 a part of the application, be kept confidential.  He noted the                
 AOGCC is accustomed to working with confidential data and its                 
 makeup is such that the people on the commission are familiar with            
 the petroleum industry and make those judgements, plus they are               
 there.                                                                        
                                                                               
 REPRESENTATIVE ROKEBERG stated the OGC received testimony from the            
 commissioner's office and several firms within the industry                   
 indicating there was a conflict of interest.  He hoped the                    
 memorandum from the Division of Oil and Gas regarding an Attorney             
 General's opinion was in committee members folders as it is                   
 something the committee needs to review.  He said he still believes           
 the AOGCC is the best oversight group available.  However, because            
 of the testimony received and his own lack of knowledge of the                
 AOGCC and inability to overcome the arguments, the OGC inserted the           
 AROGDAB, which consists of three public members and the                       
 commissioners of the Departments of Revenue (DOR), Commerce and               
 DNR.  He noted the OGC's vote was 4-3 to approve the AROGDAB as the           
 oversight entity.  He strongly urged the committee to review the              
 oversight situation.  He explained the OGC also changed the                   
 transmission of where the documents go by putting in the officers             
 and noted the committee had Representative Gary Davis's bill, which           
 they made a citation of.                                                      
                                                                               
 Number 477                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG explained Section 2, page 4, provides for             
 royalty reductions in cooperative or unitization areas, which is              
 the same as the Governor's bill.                                              
                                                                               
 REPRESENTATIVE ROKEBERG noted the OGC discussed the entire                    
 regulatory situation.  He said there are existing regulations that            
 do apply to AS 38.05.180(j).  He explained the evidence suggests              
 that the statutory language supersedes and negates some existing              
 regulations, but rather than include a provision in HB 207 which              
 says the commissioner should adopt additional regulations to                  
 implement, the OGC felt there is existing authority to move forward           
 if necessary.  He stated the existing regulations should be                   
 adequate, with the statutory overview, to enable the commissioner             
 to proceed post-haste on any application he might receive.                    
 Therefore, the OGC was silent on that area.                                   
                                                                               
 REPRESENTATIVE ROKEBERG said the other issue the OGC discussed at             
 great length was the provision about appealability, which is                  
 contained on page 3, line 16.  There was substantial testimony                
 taken on what this provision means, particularly where it says "the           
 commissioner's determination is final and not appealable to the               
 court;".  He stated one of the main reasons this provision is in HB
 207 is due to the case of Conoco-Oxy, which was a protracted, long            
 royalty reduction application which was litigated and consumed                
 substantial resources on the part of the department and industry in           
 trying to come to a conclusion.                                               
                                                                               
 REPRESENTATIVE ROKEBERG explained the application by Conoco and Oxy           
 was for Milne Point where they paid for a portion of the leases,              
 which had a stipulated bid for 20 percent, down to a 5 percent                
 basis.  He noted the committee may have in their folders the case             
 history, which points out substantial obstacles to applicants from            
 a historical perspective.  He pointed out the only reduction in               
 royalties that has ever occurred in the state has been as a result            
 of the Conoco-Oxy case.  He explained Oxy was a very small lease              
 holder and in the settlement of the case, there was an agreement to           
 lower the royalty from 20 percent to 12.5 percent.  He added Conoco           
 did not receive any benefit from that.  He pointed out after an               
 $800 million investment, Conoco decided to leave the state and sold           
 their interest to British Petroleum (BP) in that field.                       
                                                                               
 Number 525                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG reiterated that line 16, page 3, states               
 "the commissioner's determination is final and not appealable..."             
 He said the OGC discussed putting the word "applicant" in to keep             
 everyone from twisting in the wind and to give some finality in the           
 process.  He noted that is intended in the language.  He said the             
 OGC did not put the word "applicant" in the language because the              
 committee felt if a competing company would maintain standing,                
 because their interest was violated, they would be allowed to bring           
 a cause of action.  He pointed out that leads to the major point.             
 What does this language really mean?  Does it mean that a third               
 party like a citizen or taxpayer of the state could bring action,             
 under due process, to challenge this particular finding?                      
                                                                               
 REPRESENTATIVE ROKEBERG explained the general consensus is that the           
 due process rights of the state's citizens are not hampered in this           
 language.  Anyone who can find standing, particularly under the               
 Alaska State Constitution, could bring a cause of action against              
 the commissioner for the finding under the state's body of law and            
 this language is not going to necessarily restrict that.  However,            
 the courts may intentionally look at the standing of a particular             
 person, given the way this language is drafted.                               
                                                                               
 REPRESENTATIVE ROKEBERG stated he reviewed the work draft CS and he           
 strongly endorses most of the revisions made by Co-Chairman Green.            
 He felt Co-Chairman Green has made the Oil and Gas CS a much better           
 bill.  He said there are three areas which he disagrees with but              
 those can be discussed as they come up.                                       
                                                                               
 CO-CHAIRMAN GREEN noted that Representative WILLIAMS had joined the           
 committee shortly after the meeting began.                                    
                                                                               
 Number 556                                                                    
                                                                               
 REPRESENTATIVE DAVIES recalled that Representative Rokeberg had               
 talked about the other factors listed on page 2, lines 27-29, and             
 had referred to those factors as a mandate.  He noted the words               
 prior to that language is "may consider."                                     
                                                                               
 REPRESENTATIVE ROKEBERG stated on page 2, line 23, it says the                
 "commissioner shall include provisions..." and then goes on to say            
 "in the price of oil or gas, and may consider..."  He said that is            
 the distinction.                                                              
                                                                               
 REPRESENTATIVE DAVIES clarified the commissioner has to provide the           
 provisions but they do not necessarily have to include those                  
 particular relevant factors.                                                  
                                                                               
 REPRESENTATIVE ROKEBERG said that is correct.  He stated the OGC's            
 intention was to mandate the commissioner to include the                      
 price...Co-Chairman Green has made changes to this section in the             
 work draft CS.  He noted this part of the bill is a major                     
 substantive distinction between the OGC CS and the work draft CS.             
                                                                               
 REPRESENTATIVE DAVIES recalled that Representative Rokeberg had               
 mentioned the desire of the OGC for the commissioner to not have              
 the ability for a universal reopener.  He clarified there is                  
 nothing in the language in CSHB 207(O&G) which precludes a                    
 negotiated contract that would have some specific kinds of                    
 reopeners.                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG said that is correct.  He explained the               
 language in CSHB 207(O&G) is somewhat different than the work draft           
 CS.  He stated the OGC's intention is that any reopeners should be            
 bargained for up-front.  He pointed out the desire is to have a               
 clear understanding that the commissioner does not have a                     
 unilateral right to a reopener after the fact, unless he has                  
 bargained for that right, because a reopener has a chilling effect            
 on the investment, particularly in older fields.                              
                                                                               
 Number 596                                                                    
                                                                               
 REPRESENTATIVE DAVIES recalled that Representative Rokeberg had               
 talked about the appealability issue contained on page 3, lines 14-           
 17 and had mentioned the Conoco/BP situation at Milne Point.  He              
 wondered if Representative Rokeberg could finish that story.                  
                                                                               
 REPRESENTATIVE ROKEBERG responded that BP bought the lease and made           
 substantial investments in that particular field.  He said there              
 are several horizons there and BP is having certain success there.            
 He noted he had asked BP why they were making money in that area              
 and Conoco did not.  He also asked BP what they had paid for the              
 lease, as that is the issue, and they would not tell him.  He                 
 stated there are two obvious reasons BP is making money--BP does              
 not have capital investment costs and BP, with their ownership of             
 the Trans-Alaska Pipeline System (TAPS) and their existing                    
 infrastructure they have on the North Slope, operates on a                    
 different set of economics.                                                   
                                                                               
 REPRESENTATIVE DAVIES asked what royalty level BP is operating at.            
                                                                               
 REPRESENTATIVE ROKEBERG said there are a number of different                  
 royalties there, from 20 percent down to 12.5 percent.  He                    
 recommended that Representative Davies ask BP representatives the             
 question.  He noted that BP is operating, other than the small Oxy            
 decrease, under the royalty regime in place when Conoco applied for           
 a reduction on the royalty.                                                   
                                                                               
 Number 628                                                                    
                                                                               
 TIMOTHY WAGNER, INDEPENDENT INVENTOR, ANCHORAGE, testified via                
 teleconference and stated in regard to the general development of             
 oil fields, he has an oil recovery enhancement process which can              
 not only increase the prolonged life of fields such as Prudhoe Bay,           
 but would also make the harvesting of the crude (indiscernible).              
 He said the process would involve greater costs than standard                 
 recovery methods but has the potential for doubling expected output           
 in such fields as Prudhoe Bay.  He explained his process is an oil            
 refinery and gas (indiscernible) process, which combined with the             
 oil recovery enhancement process, would make the total process                
 quite efficient and reduce the overall construction costs, as                 
 compared to each process being billed separately.                             
                                                                               
 MR. WAGNER said this process, combined with his transportation                
 system, would allow shipments of the product directly from Prudhoe            
 Bay to anywhere in the world.  He stated he is hoping to work with            
 oil companies in an effort to develop the processes.  He noted he             
 also needs financial support which could potentially be provided by           
 an agency such as the Alaska Industrial Development and Export                
 Authority.  He mentioned he does realize that financial support               
 will require legislative approval but he is hoping there will be              
 cooperation there.                                                            
                                                                               
 CO-CHAIRMAN GREEN wondered if Mr. Wagner's inventions will have an            
 effect on HB 207.                                                             
                                                                               
 MR. WAGNER replied he just wants to point out what his inventions             
 could do and wants the legislature to respond appropriately.                  
                                                                               
 TAPE 95-39, SIDE B                                                            
 Number 000                                                                    
                                                                               
 CO-CHAIRMAN GREEN said the committee wishes Mr. Wagner well and               
 stressed if he can double output, they are very interested.                   
                                                                               
 RICHARD FINEBERG, RESEARCH ASSOCIATES, FAIRBANKS, testified via               
 teleconference and stated the graphs, which the committee has                 
 before them, will demonstrate that the case for using the state's             
 existing royalty relief provisions has yet to be made.  He recalled           
 that Commissioner Shively's argument earlier was that people have             
 the impression Alaska is not a good place to do business.  He said            
 a lot more information on that subject is needed because if DNR's             
 production forecast for 1985, 1990, and 1995 is reviewed, a clear             
 trend becomes evident.  The North Slope production decline,                   
 although real, consistently plays out in a much more benign manner            
 than forecasted.                                                              
                                                                               
 MR. FINEBERG explained if the 1985 forecast is compared to the                
 current forecast for oil to be produced from 1985 through the year            
 2010, it will be found that the state can anticipate production of            
 3.75 billion more barrels of oil through 2010 than what was                   
 forecasted in 1985.  In other words, over the last ten years, the             
 current tax and royalty regime has generated five more years of               
 production of two million barrels per day than what was forecasted            
 in 1985.  He stated each two years the state booked one more year             
 of forecasted production at TAPS maximum throughput.  He said this            
 trend of increasing production was established in the face of                 
 declining prices and appears to continue today, despite the dire              
 predictions by the industry in the late 1980s that the state had              
 seen the last of such increases.                                              
                                                                               
 (Representative BARNES joined the committee.)                                 
                                                                               
 Number 080                                                                    
                                                                               
 MR. FINEBERG stated he would like to comment on CSHB 207(O&G) and             
 the work draft CS.  He said both are correcting a bill that he                
 believes is going in the wrong direction and for which a compelling           
 case has not been made.  He stressed if it is decided to go forward           
 with the bill, he felt the substantive points do need consideration           
 and he would like the opportunity to deal with those at the                   
 committee's pleasure.                                                         
                                                                               
 CO-CHAIRMAN GREEN reiterated it was not his intent to move HB 207             
 today but would take input.  He wondered if Mr. Fineberg had a                
 desire to raise specific points now.                                          
                                                                               
 MR. FINEBERG responded he would.  First, he would like to flag two            
 items, in terms of the substance of the bill.  He said the first              
 point is the question of confidentiality.  He felt the oversight              
 problem is created by the fact that the normal checks and balances            
 have been removed by granting confidentiality.  He pointed out the            
 courts have spoken on that issue.  He noted that in the footnotes             
 of the document before the committee, there is a reference to how             
 one judge, who has dealt with more confidential information from              
 the industry than any other, looks at that issue.  He stated he did           
 not understand the granting of confidentiality.                               
                                                                               
 MR. FINEBERG said in both the work draft CS and CSHB 207(O&G),                
 there is a mandate for the commissioner to not consider pipeline              
 economics in granting royalty relief.  He felt if that course is              
 taken, there is a presumption that Conoco departed because it did             
 not get royalty relief, not because BP was making the profit that             
 Conoco paid on the pipeline.  He stated everyone might make that              
 simple mistake when viewing the economic map.  However, he assured            
 the committee that the industry, whose representatives are beholden           
 to stockholders, will not make that mistake.                                  
                                                                               
 Number 162                                                                    
                                                                               
 CO-CHAIRMAN GREEN said granting confidentiality is in regard to               
 technical data used, not in the negotiations between the                      
 commissioner and a royalty reduction applicant--those would be                
 matters of public record.  He stated those things which are                   
 presently held confidential would remain confidential.  He assumed            
 that on the pipeline reference, Mr. Fineberg was referring to                 
 Representative Rokeberg's discussion of why one company might be              
 able to operate either more efficiently or at less cost than                  
 another company.  He stressed that is not part of HB 207 but was by           
 way of an explanation only.                                                   
                                                                               
 MR. FINEBERG stated he was referring to page 2, lines 27-29, in               
 CSHB 207(O&G) or in the work draft, page 3, lines 10-12.  He said             
 that language says what the commissioner shall consider and                   
 excludes the impact, pro or con, of the pipeline part of the                  
 operation.  He felt in regard to confidentiality, the bill looks to           
 be further reaching in its granting of confidentiality, at the                
 request of industry, without review, which means it is up to the              
 industry to decide.  He pointed out the language is broader than              
 what might be desired.  He thought some clarification is warranted.           
                                                                               
 CO-CHAIRMAN GREEN said there was no intent in the work draft CS to            
 alter the list.  He stated the list was intended to give the kinds            
 of things...as it says may consider other relevant factors.  He               
 stressed if he had inadvertently omitted something, it was an                 
 oversight and not his intention.                                              
                                                                               
 Number 208                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG recalled that Mr. Fineberg had referred to            
 a judge's opinion on confidentiality.  He wondered if that opinion            
 was referred to in testimony provided to the OGC.                             
                                                                               
 MR. FINEBERG responded that opinion was contained in the footnotes            
 of his testimony to the OGC dated March 15, 1995.  He said it was             
 footnote 5, on page 2 of that testimony.  He noted the footnote is            
 compacted in the March 23, 1995, testimony before this committee.             
 He stated the footnote is Memorandum Opinion and Order No. 92-71 of           
 May 27, 1992, in the Alaska Native Sisterhood Royalty case.  He               
 quoted, "the court specifically refused to hold material                      
 confidential merely at the request of the industry because `the               
 public's right to know what the executive branch is about'                    
 outweighed the industry's speculative assertion of possible damage            
 resulting from the release of information about its business."                
                                                                               
 MR. FINEBERG told committee members that if the record is checked,            
 they will find that the judge did made the ruling reluctantly                 
 because he thought the state would come forward and represent the             
 public's interest.  When the state did not come forward, he made              
 the ruling from the bench on his own.  He reiterated this is the              
 judge who has reviewed more confidential industry documents than              
 any other judge in the state and possibly more than any citizen in            
 the state, outside of the oil and gas managers.                               
                                                                               
 REPRESENTATIVE DAVIES requested that the March 15, 1995, testimony            
 from Mr. Fineberg be distributed to the committee.                            
                                                                               
 Number 274                                                                    
                                                                               
 CO-CHAIRMAN GREEN stated he would review the changes contained in             
 the work draft CS, version K.  He noted this CS is not a proposed             
 CS but one he would like the committee to review over the weekend.            
 He said the first suggestion is to insert a legislative intent,               
 Section 1.  He recalled there had been an earlier discussion that             
 this legislative intent language is perhaps too restrictive.  He              
 stressed the potential for the commissioner to negotiate royalty              
 reductions and get something done which otherwise would not be done           
 is needed but is something which is a stark adjustment from what              
 has been done the last 20 years in the state.  He pointed out since           
 85 percent of the state's revenue comes from the oil industry, the            
 royalty issue is of significant importance to the state.  He said             
 while he does not like legislative intent language in most bills,             
 he feels in this case it might be necessary.                                  
                                                                               
 REPRESENTATIVE ROKEBERG stated he had requested this language to be           
 drafted and noted that Co-Chairman Green had the foresight to adopt           
 it as intent language which he appreciates.  He noted there has               
 been concern about the word "permit" on line 6 of the work draft              
 CS.  He suggested getting some input on that issue.  He explained             
 the concern is that the word "permit" is a strong or active word              
 which might need reviewing.  He expressed support for the insertion           
 of the intent language.                                                       
                                                                               
 CO-CHAIRMAN GREEN wondered if words like "suggest" or "allow" might           
 be better.                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG replied yes.  He said the word "permit"               
 assumes the granting of a permit, rather than allowing.                       
                                                                               
 Number 329                                                                    
                                                                               
 CO-CHAIRMAN GREEN said the next suggestion is on page 1, line 11,             
 of CSHB 207(O&G), after the words "of this section", insert the               
 words "or subject to an agreement described in (s) or (t) of this             
 section".  He stated section (p) provides for unitization and there           
 are other combinations of leases in two other sections of the bill.           
 He explained this is a housekeeping measure to show that even if it           
 is a drilling unit that may be tested, the same thing applies to              
 all sections referring to a unitization.                                      
                                                                               
 CO-CHAIRMAN GREEN stated the next suggested change is on page 2,              
 lines 3 and 4, of CSHB 207(O&G) where it says "the field, pool, or            
 portion of the field or pool has not previously produced oil or               
 gas", insert after the word "produced" the words "commercial                  
 quantities of."  He said the reason for the suggested change is,              
 "so there is not some stickler out there that says you have this              
 delineation, you have a well and have tested the well.   You did              
 then produce oil or probably oil and gas but would that then                  
 preclude this section from being operative.  By putting it as a               
 commercial quantity, that would exclude the possibility of well               
 tests, which are very frequent and would not change the intent of             
 (ii)."                                                                        
                                                                               
 Number 372                                                                    
                                                                               
 CO-CHAIRMAN GREEN said the next suggested change is a                         
 clarification.  He explained the change is located on page 2, lines           
 5 and 6, of CSHB 207(O&G), inserting the words "oil or gas" before            
 the word "production."  He stated the suggestion is for continuity            
 more than anything else.                                                      
                                                                               
 CO-CHAIRMAN GREEN stated the next suggestion is on page 2, line 9,            
 of CSHB 207(O&G), after the word "increase," delete the current               
 language and insert "as the sale value of oil or gas decreases, and           
 the increase or decrease is sufficient to make future production no           
 longer economically feasible; or".  He explained, the reason for              
 the suggestion is that the existing language in CSHB 207(O&G) says            
 "as per barrel or barrel equivalent costs increase in the later               
 stages of production decline;"  He said he does not have a problem            
 with that language but explained there could also be a per barrel             
 value decrease, as what was witnessed last year, and a prolonged              
 activity at a reduced value of oil is as imperative to a change as            
 the increased cost of production.                                             
                                                                               
 Number 401                                                                    
                                                                               
 CO-CHAIRMAN GREEN explained the next suggested changes are in                 
 subsection (3), on page 2, line 16, of CSHB 207(O&G):  After the              
 word "approved", delete the words "in the royalty reduction                   
 agreement", on line 23, page 2, after the words "provisions to",              
 delete the words "increase or otherwise", and on line 25, page 2,             
 after the word "upon", delete "the occurrence of a change" and                
 insert "a showing, by clear and convincing evidence, that, because            
 of a sufficient change in one or more of the following factors,               
 further development or continued production of the field, pool, or            
 portion of the field or pool is not economically feasible:".                  
                                                                               
 CO-CHAIRMAN GREEN stated what the suggested change is doing is                
 rewriting subsection (3) in CSHB 207(O&G).  He said the suggested             
 change is not changing the context except for one point.  He                  
 recalled that Representative Rokeberg pointed out that the language           
 says the commissioner shall include provisions, including the price           
 of oil and gas, and then may consider all the other factors listed.           
 He explained the rewrite of that subsection indicates that the                
 commissioner will make a sound, economical judgement as to why                
 there should be a royalty reduction by considering clear and                  
 convincing evidence which he feels is necessary.                              
                                                                               
 REPRESENTATIVE RAMONA BARNES commented the clear and convincing               
 evidence standard is a fairly high criminal standard and she                  
 wondered how it relates to oil and gas terminology.  She questioned           
 what would have to be shown in order to qualify as clear and                  
 convincing evidence.                                                          
                                                                               
 MR. SHIVELY responded the department has problems with the rewrite            
 of this subsection (3).  He said the rewrite changes the intent of            
 what the Administration understood this subsection was to do.  He             
 explained the words "increase or otherwise modify" were in HB 207             
 for an important reason.  He stated, "we were looking at some of              
 the points Mr. Fineberg made and points that other people have made           
 (indiscernible), because we are looking particularly at marginal              
 fields and what could be a very long life of the field, things                
 could also improve, so we have oil prices in the future.  We very             
 likely will have more volume because when a new field is in the               
 feasibility stage, the industry just does not know what is in that            
 field."                                                                       
                                                                               
 MR. SHIVELY said the intent of subsection (3) was to continue to              
 allow the department to drive the royalties further down but allow            
 the state to recoup more (indiscernible) and allow the department             
 to go above the existing royalty if such situations should prove.             
 He felt that has been changed in the work draft CS.  He stated the            
 rewrite also made the list less inclusive, so the things listed are           
 the only things the commissioner can consider.  He said in CSHB
 207(O&G), the things listed were just examples.  He stressed there            
 may be other things which change the economics, such as                       
 transportation.  The department feels this list should be a                   
 permissive list, not an inclusive list.                                       
                                                                               
 MR. SHIVELY explained "the "clear and convincing evidence" is                 
 probably not necessary in this kind of situation, because what you            
 are looking at here is when we negotiate the royalty reduction with           
 the oil companies, we would say okay, assuming that we agree that             
 there was a delineated field and we agreed that with the economics            
 at this point, there should be a royalty reduction, we then agree             
 on some kind of formula, sliding scale, or reopeners or maybe some            
 other system to take into account future changes in the economics."           
                                                                               
 REPRESENTATIVE BARNES hoped that Mr. Shively would prepare                    
 different language for this subsection.                                       
                                                                               
 Number 493                                                                    
                                                                               
 CO-CHAIRMAN GREEN said the points Mr. Shively made are well taken             
 and added they are the points discussed with the OGC.  He felt the            
 language could be corrected.  He stressed there is no intent to               
 handcuff the commissioner.                                                    
                                                                               
 MR. SHIVELY stated the department would provide some language.  He            
 added this subsection is very complicated.                                    
                                                                               
 REPRESENTATIVE ROKEBERG recalled Representative Davies' question              
 about the mandate of a reopener on changed oil and gas prices in              
 CSHB 207(O&G) versus the work draft CS addressed earlier.  He                 
 wondered if Mr. Shively had an opinion on that subject.                       
                                                                               
 MR. SHIVELY recalled the OGC did not talk about mandating                     
 reopeners.  He stated reopeners are just one way to deal with                 
 changes in situations.  He said the problem with reopeners is that            
 you go back into negotiations and if no agreement is reached, then            
 you are back to the original royalty, etc.  He is more inclined, in           
 these kinds of arrangements, to try and take into account the three           
 major factors one looks at in the development of oil and gas                  
 fields--the cost of those developments, the volume and price--and             
 then have the royalty change as those factors change.  He stated              
 while there may be a situation where an agreement cannot be reached           
 on how to do that fairly because the field is going to operate for            
 a long period of time, the only thing left to do is a reopener.  He           
 stressed he would not mandate a reopener.                                     
                                                                               
 Number 528                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG stated he appreciates Mr. Shively's                   
 willingness to redraft that particular language.  He agreed with              
 Mr. Shively's statement that there is a need to have the language             
 about "increasing" in the bill because of existing royalty                    
 contracts.  He clarified that Mr. Shively and him are in agreement            
 on the concept that any reopeners would be bargained for in the               
 first instance--in other words when the agreement was made.                   
                                                                               
 MR. SHIVELY said he agreed with that concept.  He recalled there              
 was a discussion about the commissioner unilaterally raising a                
 royalty just because he or she felt like it and stressed that has             
 never been the intent.  He stated the department would see a                  
 reopener negotiated as part of the deal when a royalty reduction is           
 negotiated.  He explained it would be agreed that a reopener would            
 only happen if the volume or price increased significantly  or if             
 certain things happened.  He noted if an agreement could not be               
 reached, they would just go back to the royalty that was originally           
 bid.  He reiterated the Administration does agree that the                    
 commissioner should not have the unilateral right to arrange                  
 royalties without either being up-front in the agreement or being             
 subject to a reopener.                                                        
                                                                               
 REPRESENTATIVE ROKEBERG felt that was an important point when                 
 looking at the work draft CS and hoped the language could be                  
 changed to that effect.  He asked Mr. Shively if it is necessary to           
 have the mandate for having the oil and gas price in this                     
 subsection or does he prefer Co-Chairman Green's approach on that.            
                                                                               
 MR. SHIVELY responded the department does not care one way or the             
 other because quite clearly the oil and gas price is going to be              
 one of the factors.  He said the problem with what is contained in            
 this subsection (3) in the work draft CS is the department is                 
 confined to only looking at those subjects listed, whereas CSHB
 207(O&G) contains a permissive list.  He stressed the list needs to           
 be expansive in order to take other factors into account.                     
                                                                               
 CO-CHAIRMAN GREEN said he is a strong proponent of the sliding                
 scale concept.  Therefore, what happened between the drafter and              
 him was a breakdown.  He stated subsection (3) will be reworded.              
                                                                               
 Number 569                                                                    
                                                                               
 CO-CHAIRMAN GREEN said the next suggested change is to delete                 
 subsection (4) on page 2, line 30 and 31, page 3, lines 1 and 2.              
 He stated, "what I have done by excluding that is again trying to             
 make it possible that the commissioner and industry can get                   
 together...and in deference to the Chairman of the OGC, which says            
 there should be a floor and albeit whatever that is...it would be             
 shared under existing law with the general fund and the permanent             
 fund and that is the way I think it ought to be.  My concern is               
 that even though that might seem like a small amount--3 1/8 percent           
 of what started off as perhaps as much as 12.5 percent...if you               
 leave that in, that is not very much and the state would then tend            
 to recoup some of what has been changed."                                     
                                                                               
 CO-CHAIRMAN GREEN continued, "my concern is that having looked at             
 places such as the Cook Inlet where they got down to actually                 
 cooking their own meals on the platform because they were in an               
 effort to try and cut costs...and I realize that the Oil and Gas              
 version applies specifically to new fields and that existing old              
 fields would not have the floor...it is my contention that if we              
 were to lose an investment that would otherwise provide jobs and              
 all the state would get by continuing to attract investment here...           
 if we were to handcuff the commissioner, that he could not make a             
 deal for 2 percent of which the state would still get something, or           
 1 percent that artificially...and it is an arbitrary number--we do            
 not know where the 25 percent came from...there are some people who           
 think that was the old amount that was supposed to go to the                  
 permanent fund dividend...but my concern is that just as we talked            
 about earlier, the commissioner should have the ability to work and           
 not be cornered into an area.  It is my opinion that he should be             
 able to do this.  There is nothing in here that says he has to go             
 below that and I would assume he will negotiate as much as he can             
 above that, but I just do not want to put an artificial encumbrance           
 in his ability to negotiate."                                                 
                                                                               
 TAPE 95-40, SIDE A                                                            
 Number 000                                                                    
                                                                               
 REPRESENTATIVE SCOTT OGAN stressed the state Constitution clearly             
 states the natural resources belong to the people and not the                 
 state.  He felt if the royalty reduction floor language is not                
 contained in HB 207, the state could be giving away the portion of            
 oil that truly belongs to the people.  He noted these are new                 
 fields being discussed.  Therefore, the state's interest might be             
 better served by having that oil in the ground or in the bank at a            
 time in the future when the prices might go up to where it would be           
 economically feasible to recover that oil.                                    
                                                                               
 CO-CHAIRMAN GREEN responded there is an infrastructure in place               
 that never would have been there had it not been for Prudhoe Bay.             
 He said if it had not been for the in excess of 20 billion barrels            
 of oil there, the pipeline would never have been built.  He stated,           
 "by curtailing development of those fringe areas which we have now            
 been doing up there such as Endicott, Point McIntyre,                         
 etc...hopefully we can continue that and keep the pipeline full and           
 the infrastructure moving.  If we were to allow that to shrivel and           
 die because we are going to save the small fields for later                   
 development, they will never be developed.  It is to the state's              
 best interest to get what you can, when you can, and if there is an           
 opportunity to get it now, it is better than to defer it down the             
 future 10 or 20 years.  Not only would you perhaps lose the                   
 infrastructure that is so necessary but we are in the technology              
 advancement stage, that we might ultimately not even do that."                
                                                                               
 Number 065                                                                    
                                                                               
 REPRESENTATIVE BARNES thought there was a section in the Pipeline             
 Enabling Act which provides that when the flow of oil through the             
 pipeline drops to a certain point, the pipeline has to be                     
 dismantled.  She felt, under that scenario, it is better for the              
 state to continue with marginal fields, at whatever cost, to keep             
 the oil flowing through the pipeline until the time of another                
 major find, such as in the Arctic National Wildlife Refuge.                   
                                                                               
 CO-CHAIRMAN GREEN stated those are excellent points.  He agreed               
 there is a certain level set at which time the pipeline becomes too           
 inefficient to operate.  Therefore, not only would the state not              
 develop a field which would fall into the category in HB 207 but              
 the production of existing fields would also be lost because of the           
 inability to afford production.  He stated there are several                  
 persuasive arguments that the legislature should act on before it             
 is too late.                                                                  
                                                                               
 Number 095                                                                    
                                                                               
 REPRESENTATIVE OGAN said the state is not at that point yet and               
 there is nothing preventing the legislature, when the push and                
 shove point is reached, to act at the time needed to make an                  
 appropriate adjustment.  He felt in the meantime, the legislature             
 may be giving away millions of dollars of the people's money.  He             
 reminded committee members the state Constitution clearly says the            
 natural resources belong to the people, not the state.  He noted              
 the fact that the people get a permanent fund dividend is a                   
 tangible shred of evidence that the natural resources do belong to            
 the people, not to the oil companies.  He stressed as stewards of             
 the state's natural resources, the legislature has an obligation to           
 put the best interest of the state forward--the state being the               
 people.                                                                       
                                                                               
 REPRESENTATIVE ROKEBERG hoped the committee would look favorable              
 upon reinserting the floor clause.  He said this clause is one of             
 the "fences" around the "evil" commissioner and is one method to              
 put that "fence" up.  He stated the distinction between older and             
 newer fields in the OGC version, clearly ratified the existing                
 statute which provides a potential zero royalty for older fields              
 and only provides this "fence" as it relates to new fields, in the            
 event there is some skullduggery or stupid decision making.  He               
 explained the "fence" is part of the framework protecting the                 
 people of the state from the "evil" discretion of the commissioner.           
                                                                               
 REPRESENTATIVE ROKEBERG found it extremely interesting that the               
 commissioner agrees with this.  He noted the commissioner even                
 wants to insert this floor as it relates to old production, which             
 Representative Rokeberg vehemently opposes.  He agreed the 25                 
 percent was somewhat arbitrarily chosen, but stressed the number              
 was selected because it is a "fence".                                         
                                                                               
 Number 159                                                                    
                                                                               
 CO-CHAIRMAN GREEN clarified Representative Rokeberg would go from             
 a negotiated position of 12.5 percent, down 9.5 percent to 3                  
 percent and a fraction, but he does not want to go below that.  He            
 said, "My concern is that you have accepted, and the commissioner             
 has accepted moving down significantly but to some minimum point.             
 My point is where is that minimum point in an open negotiation.  Is           
 it 4 percent, 6 percent or 2 percent?  This says that anybody who             
 is interested in this, do not even show up if it is going to be               
 less than 3 1/8 percent."                                                     
                                                                               
 REPRESENTATIVE ROKEBERG stated in the original Governor's bill, for           
 new fields, there was a floor of 6 1/4 percent.  He explained the             
 OGC lowered the floor down to 3 1/8 percent to give the                       
 commissioner more room.  He added the OGC deleted Section 1 of the            
 Governor's bill because of the artificial floor.  He said the                 
 consensus opinion of the OGC was that providing a smaller or                  
 reasonable floor for new fields only would still help contain the             
 commissioner's discretion.  He felt CSHB 207(O&G) gives the                   
 commissioner the flexibility to strike a good bargain with new                
 development.                                                                  
                                                                               
 CO-CHAIRMAN GREEN clarified that the commissioner, the Governor and           
 Representative Rokeberg all agree there should be a lowering                  
 capability and now it is a matter of opinion as to where that level           
 is.                                                                           
                                                                               
 REPRESENTATIVE ROKEBERG replied that was correct.                             
                                                                               
 REPRESENTATIVE DAVIES felt the 3 1/8 percent is a bright line                 
 statement.  He said the argument is where the level should be, not            
 the principle that it should be reduced somewhat.  He stated under            
 existing statutes, which allow no reduction in royalties for new              
 fields, there is a significant amount of development of marginal              
 fields around the pipeline.  He noted if the information provided             
 by Mr. Fineberg is reviewed, the production in the non-Prudhoe Bay,           
 non-Sadlerochit fields has been significant and is probably over              
 half the throughput in the pipeline currently.  He felt the                   
 fundamental economics are working and the oil companies have a                
 large interest in keeping the pipeline full.  He added to develop             
 these other fields now will result in a potentially large profit,             
 if a new field can be put on line in a reasonable way.                        
                                                                               
 REPRESENTATIVE DAVIES said, "I think what we are doing here is                
 taking one step toward encouraging that process somewhat.  It is              
 working right now and we are just trying to encourage it a little             
 more.  I think that Representative Ogan's point is let us do this             
 incrementally...let us look at this and see how it works and if it            
 has the desired result we want, fine.  If it does not quite work or           
 it is a little too slow, we always have the opportunity to change             
 that in the future.  Why give away the farm right away.  I think              
 zero percent is pretty close to fire sale."                                   
                                                                               
 REPRESENTATIVE BARNES stated she did not feel it is a giveaway.               
 She felt it was in the state's interest to develop these marginal             
 fields and the legislature can always come back and change the                
 percentage.  She agreed that up-front, there should be an attempt             
 to make these marginal fields work as best as possible.                       
                                                                               
 Number 249                                                                    
                                                                               
 CO-CHAIRMAN GREEN said, "I would be the most vehement person when             
 the commissioner goes to negotiate that he absolutely negotiate at            
 the highest point he can from zero reduction to a very tiny little            
 reduction to whatever might be necessary to get what is done, done.           
 And I will even give further that if you are down talking in this             
 very, very low range, it seems almost questionable if it is that              
 marginal, should it even be developed and because it is in that               
 marginal range, that it must be developed now because as we go on             
 and on, those extremely close, close marginal fields are the ones             
 that will not make it.  I still would suggest that he allow and               
 have the ability to negotiate freely, albeit well above this                  
 arbitrary cut."                                                               
                                                                               
 REPRESENTATIVE DAVIES disagreed with Representative Barnes that the           
 legislature could always go back and change the reduction because             
 once a contract is negotiated, it is fixed.                                   
                                                                               
 REPRESENTATIVE WILLIAMS agreed with Representative Green.                     
                                                                               
 Number 280                                                                    
                                                                               
 CO-CHAIRMAN GREEN said the next suggested change is on page 3,                
 lines 8-11 of CSHB 207(O&G).  The new version says, "may require              
 disclosure to only the financial and technical data relating to               
 production that is reasonably available to the applicant;"  He                
 stated, "I can understand the concerns that an applicant has,                 
 especially one who bought an old lease and then tries to come in              
 for some additional handling and if he has to go back to the first            
 part of production, the cost records and investment records may not           
 be in his possession.  I think it is incumbent at this juncture               
 that the commissioner would find it sufficient to say that yes, we            
 certainly have the production records...the AOGCC has production              
 clear back to the beginning but the costs that are associated with            
 that would be perhaps only five or ten years and that is the period           
 of time we are really talking about.  As the costs approach the net           
 value that is coming into the lease, that is when something has to            
 happen.  It is not what happened back in the (indiscernible) days."           
                                                                               
 Number 319                                                                    
                                                                               
 REPRESENTATIVE DAVIES wondered if the change implies that if the              
 data is insufficient, the commissioner must proceed.  He asked does           
 the commissioner still have the discretion, if the information is             
 insufficient, to simply deny the request.                                     
                                                                               
 CO-CHAIRMAN GREEN replied the commissioner has that right.                    
                                                                               
 MR. SHIVELY added that the Administration feels this change is a              
 good improvement over the OGC CS.                                             
                                                                               
 CO-CHAIRMAN GREEN explained the next suggested change is on page 3,           
 line 16, of CSHB 207(O&G) delete the words after "the                         
 commissioner's determination" and insert the words "of royalty                
 reduction is final and not appealable to the court;"  He said the             
 reason why the determination should not be appealable is because of           
 frivolous lawsuits.  He stated this change clarifies what decisions           
 the commissioner may make that are not appealable.                            
                                                                               
 CO-CHAIRMAN GREEN said the next suggested change in on page 3, line           
 20, of CSHB 207(O&G) after the word "list" and insert the words "of           
 nationally recognized consultants in hydrocarbon production and               
 economics".  He explained the reason for the change, "is to be sure           
 that we are talking with someone who is looking at this from arm's            
 length and is not necessarily a petroleum economist, for example,             
 who might be either a member of the staff or has been, who may be             
 capable of doing something locally but would not necessarily be               
 really the person we want to look at something as major...as                  
 Representative Ogan said, to look at the people of the state of               
 Alaska's resources.  So it just causes that to be a very qualified            
 organization."                                                                
                                                                               
 Number 380                                                                    
                                                                               
 CO-CHAIRMAN GREEN stated the next suggested change is on page 3,              
 lines 28-31 through page 4, lines 1-7, of CSHB 207(O&G) and is a              
 total rewrite of subsection (8)(A) and (B).  He said the change               
 makes that subsection more easily understood and is not intended to           
 be a substantive change.                                                      
                                                                               
 CO-CHAIRMAN GREEN noted there has been a lot of discussion                    
 regarding the various groups that should be the oversight to the              
 commissioner.  He stated the next change is on page 3, lines 29 and           
 30 of CSHB 207(O&G).  The new version goes back to the AOGCC as the           
 oversight entity.  He said, "after reading testimony and the                  
 arguments made against that which were furnished to me by the OGC,            
 I can see where a technical group such as the AOGCC which would be            
 I think necessary to determine whether applicant A in order to do             
 what he is going to do to continue or to develop is going to have             
 to have 19 widgets and there are very few people in the state that            
 understand why he needs widgets.  The technical expertise in the              
 state is the AOGCC...yes 19 are sure enough and this nationally               
 referenced consultant has said yes 19 and our oil and gas people              
 say yes in order to operate this field safely, he needs 19                    
 widgets."                                                                     
                                                                               
 CO-CHAIRMAN GREEN continued, "Now the argument then goes to say               
 that the AOGCC should not be involved in what determines how much             
 royalty should be reduced.  Then we are getting into economics and            
 that is beyond the expertise of the AOGCC.  So what I am proposing,           
 that you do not have, is that this would be expanded to say after             
 `Oil and Gas Conservation Commission,' on the new version, `as to             
 the technical merits and the Department of Revenue, as to the                 
 economic merits'.  That I think would adequately protect the                  
 people's interest in that technically this is needed...Revenue does           
 not know if the widgets are needed so Oil and Gas says yes widgets            
 are needed and Oil and Gas does not know if a reduction from 12.5             
 percent to 10 percent or 8 percent because the commissioner is                
 going to bargain far above the little 3 1/8 percent.  That should             
 be left up to the people who deal with our finances."                         
                                                                               
 REPRESENTATIVE ROKEBERG felt that was a good change.  He clarified            
 that Co-Chairman Green had said the economic merits would be                  
 reviewed by the Department of Revenue.                                        
                                                                               
 CO-CHAIRMAN GREEN said that was correct.                                      
                                                                               
 REPRESENTATIVE ROKEBERG noted there had been discussions about a              
 real conflict of interest between the commissioner...maybe it                 
 should be the commissioner not the department.  He said it was the            
 confidentiality aspect he is concerned about.                                 
                                                                               
 CO-CHAIRMAN GREEN stated the Department of Revenue has confidential           
 information as well.                                                          
                                                                               
 REPRESENTATIVE ROKEBERG expressed concern about the potential                 
 conflict of interest argument.  He noted the Department of Revenue            
 is supposed to increase revenues, not decrease revenues.                      
                                                                               
 CO-CHAIRMAN GREEN stated what the Department of Revenue will be               
 reviewing is this proposal, how it affects the state, and is it in            
 the best interest of the state.  He noted the Department of Revenue           
 may or may not agree with the commissioner.  He added the two                 
 responses are forwarded to the various people.                                
                                                                               
 Number 448                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG felt this suggested change is the ultimate            
 fix because it takes out the judgement of the overview people and             
 they just look at the process, to make sure there is nothing stupid           
 or skullduggery going on.                                                     
                                                                               
 CO-CHAIRMAN GREEN stated it should not be opinion but rather should           
 be fact.                                                                      
                                                                               
 CO-CHAIRMAN WILLIAMS disagreed.                                               
                                                                               
 CO-CHAIRMAN GREEN asked the committee to review CSHB 207(O&G) and             
 the work draft CS.                                                            
                                                                               
 REPRESENTATIVE OGAN asked Co-Chairman Green if he intends to move             
 HB 207 on Monday.                                                             
                                                                               
 CO-CHAIRMAN GREEN said it depends on what is found and what comes             
 into the committee on Monday.  He stated he is not going to rush it           
 through.                                                                      
                                                                               
 CO-CHAIRMAN GREEN noted an amendment was passed out by                        
 Representative Ogan for review.  He stated he also passed out an              
 amendment K.1, which is the technical fix for the two sections he             
 referred to earlier.                                                          
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to come before the House Resources            
 Committee, Co-Chairman Green adjourned the meeting at 9:55 a.m.               
                                                                               
                                                                               

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