Legislature(1995 - 1996)

03/27/1995 08:17 AM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE RESOURCES STANDING COMMITTEE                              
                         March 27, 1995                                        
                           8:17 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 Pete Kott                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative John Davies                                                    
 Representative Eileen MacLean                                                 
 Representative Irene Nicholia                                                 
                                                                               
 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 two issues regarding HB 207                 
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG                                                
 Alaska State Legislature                                                      
 Capitol Building, Room 110                                                    
 Juneau, AK  99801                                                             
 Phone:  465-4968                                                              
 POSITION STATEMENT:  Commented on HB 207                                      
                                                                               
 JERRY REINWAND, Representative                                                
 Fina Oil & Chemical                                                           
 2 Marine Way, No. 219                                                         
 Juneau, AK   99801                                                            
 Phone:  586-8966                                                              
 POSITION STATEMENT:  Commented on HB 207                                      
                                                                               
 TOM WILLIAMS, Alaska Tax Counsel                                              
 British Petroleum Exploration                                                 
 P.O. Box 196612                                                               
 Anchorage, AK   99515                                                         
 Phone:  564-5955                                                              
 POSITION STATEMENT:  Supported HB 207 with changes                            
                                                                               
 RICHARD FINEBERG, Representative                                              
 Research Associates                                                           
 P.O. Box 416                                                                  
 Ester, AK   99725                                                             
 Phone:  479-7778                                                              
 POSITION STATEMENT:  Opposed HB 207                                           
                                                                               
 KEVIN TABLER, Land Manager                                                    
 UNOCAL Corporation                                                            
 P.O. Box 196247                                                               
 Anchorage, AK   99516                                                         
 Phone:  263-7600                                                              
 POSITION STATEMENT:  Supported HB 207 with changes                            
                                                                               
 KEN BOYD, Acting Director                                                     
 Division of Oil and Gas                                                       
 Department of Natural Resources                                               
 3601 C Street, Ste. 1380                                                      
 Anchorage, AK   99503                                                         
 Phone:  762-2547                                                              
 POSITION STATEMENT:  Answered a question regarding the fiscal                 
                      note on 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              (H)   RES AT 08:00 AM CAPITOL 124                       
 03/22/95              (H)   MINUTE(RES)                                       
 03/22/95              (H)   O&G AT 05:00 PM                                   
 03/23/95              (H)   O&G AT 10:00 AM CAPITOL 124                       
 03/24/95              (H)   RES AT 08:00 AM CAPITOL 124                       
 03/24/95              (H)   MINUTE(RES)                                       
 03/27/95              (H)   RES AT 08:00 AM CAPITOL 124                       
                                                                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 95-41, SIDE A                                                            
 Number 000                                                                    
                                                                               
 The House Resources Committee was called to order by Co-Chairman              
 Green at 8:17 a.m.  Members present at the call to order were                 
 Representatives Green and Ogan.  Members absent were                          
 Representatives Williams, Austerman, Barnes, Davies, Kott, MacLean,           
 and Nicholia.                                                                 
                                                                               
 CO-CHAIRMAN JOE GREEN announced testimony would continue on the               
 work draft of HB 207, version K, which was introduced to the                  
 committee on Friday.                                                          
                                                                               
 HRES - 03/27/95                                                               
 HB 207 - ADJUSTMENTS TO OIL AND GAS ROYALTIES                               
                                                                               
 JOHN SHIVELY, COMMISSIONER, DEPARTMENT OF NATURAL RESOURCES (DNR),            
 testified via teleconference and stated there are a few technical             
 issues he and Mr. Boyd have discussed with Co-Chairman Green's                
 staff which will hopefully be worked out.  He said there are two              
 major points he would like to make.  First, the Administration                
 objects to taking all royalties down to zero.  The Administration             
 did agree with the Oil and Gas Committee (OGC) to keep the                    
 permanent fund whole and thought there would be a minimum royalty             
 of 25 percent of the existing royalties for all 3 situations.  He             
 noted the Administration does not feel it is good public policy to            
 have a zero royalty.                                                          
                                                                               
 MR. SHIVELY said the second issue is the oversight, which is a very           
 complicated system.  He does understand why people want oversight             
 over the commissioner.  The problem involves how to provide                   
 oversight in a meaningful way.  He said it really depends on what             
 the legislature wants in terms of oversight.  If the legislature              
 wants oversight of the economic decision, there is no one in                  
 government who has the capacity to do that.  He noted that in the             
 legislation there is a request for industry to pay for such an                
 economic analysis, if needed, because although the department has             
 the skills, it does not always have the capacity.                             
                                                                               
 MR. SHIVELY stated in terms of oversight by the Alaska Oil and Gas            
 Conservation Commission (AOGCC), their testimony has indicated they           
 also would need an economist to make such authority.  He noted the            
 alternative is to look at the economics of the situation by looking           
 at the process--whether or not the commissioner found there was a             
 delineated field or pool, whether or not the commissioner made a              
 reasonable attempt to look at the economics, and whether or not the           
 commissioner found that such a reduction in royalty was in the                
 state's best interest.  He explained oversight has been done by               
 having the commissioner ask for the recommendation and then                   
 allowing the commissioner to proceed with his or her decision.  He            
 felt that works in terms of reducing the potential bureaucracy but            
 that would have to (indiscernible) to the process.                            
                                                                               
 MR. SHIVELY told committee members the Administration prefers the             
 Alaska Royalty Oil and Gas Development Advisory Board (AROGDAB)               
 over the AOGCC, in terms of oversight, because the AOGCC has a                
 certain conflict of interest due to their role, which is to                   
 maximize oil development.  He felt the AOGCC would have a tendency            
 to run the royalty down even further than the commissioner would              
 because they want to maximize the amount of oil coming out of a               
 field.                                                                        
                                                                               
 (Representative WILLIAMS joined the committee.)                               
                                                                               
 CO-CHAIRMAN GREEN said the two points Mr. Shively brought up were             
 two of five brought up at Friday's hearing.  He stated                        
 unfortunately the rewrite of the rewrite is not completed.  He                
 explained rather than look at either the AROGDAB, the AOGCC, or the           
 Attorney General, the rewrite will provide that the commissioner              
 make a determination, give public notice, and within 30 days of               
 that public notice, the commissioner will receive public written              
 comment, allowing the public to be the oversight rather than some             
 bureaucracy.                                                                  
                                                                               
 CO-CHAIRMAN GREEN noted with this suggested change, the fiscal note           
 would not be adversely impacted and this change would also remove             
 any aspersions which might be cast because of possible conflicts of           
 interest.  He felt the public oversight is the best possible                  
 situation.  He mentioned the public oversight would be limited and            
 the oversight would occur after the commissioner has made a                   
 preliminary determination.                                                    
                                                                               
 MR. SHIVELY stated that concept would be very acceptable.                     
                                                                               
 Number 180                                                                    
                                                                               
 CO-CHAIRMAN GREEN stated there has been a lot of discussion                   
 regarding the zero royalty.  Many felt that going to a zero royalty           
 might be a violation of the state Constitution.  He said because of           
 that possibility, the rewrite provides that the reduction be in two           
 stages--the new, undeveloped delineated fields would not be reduced           
 more than 80 percent of otherwise and existing marginal fields                
 would not be reduced more than 90 percent of otherwise.  He                   
 explained the concept is that anything less than 100 percent in               
 either case could be viewed as giving away the state's resources.             
 On the other hand, the reduction is an incentive from the original            
 one-eighth to get someone else to come in with investment dollars             
 to develop the resource and the state then would receive, in                  
 addition to a direct royalty, other benefits from the development             
 as well.                                                                      
                                                                               
 (Representative KOTT joined the committee.)                                   
                                                                               
 MR. SHIVELY stated although progress is being made, the                       
 Administration's position remains that the royalty should only be             
 reduced up to 75 percent.                                                     
                                                                               
 Number 221                                                                    
                                                                               
 CO-CHAIRMAN GREEN recalled Mr. Shively had brought up another issue           
 at Friday's hearing on HB 207 and that was the legislative intent             
 being too restrictive.  He said in the rewrite, the legislative               
 intent reads, "In amending AS 38.05.180(j) in sec. 2 of this Act,             
 it is the intent of the legislature that the commissioner of                  
 natural resources encourage reduction of royalty where appropriate,           
 to promote otherwise uneconomic production of oil and gas from                
 marginal fields and pools upon a finding that the royalty reduction           
 is in the best interests of the state."  He felt that intent was              
 generic in that it addresses both those fields which have been in             
 production and are reaching their economic limit, and those that              
 were not developed because the economics were not good enough for             
 an investment.                                                                
                                                                               
 MR. SHIVELY said the intent language sounds good.  However, he felt           
 the word "encourage" should not be used.  He felt "consider" might            
 be a better word.  He stated the tone of the intent language is               
 better and increases the flexibility.                                         
                                                                               
 Number 257                                                                    
                                                                               
 CO-CHAIRMAN GREEN stated there were was also discussion at Friday's           
 hearing on HB 207 about subsection (1)(C) and (2) and the need for            
 a language change.  He said in the work draft committee substitute            
 (CS), version K, on page 2, line 22, the word "commercial" preceded           
 the word "production."  He explained because "commercial" is a                
 relative term, the word "commercial" will be eliminated in the                
 rewrite.  He explained on line 13, page 2, of the work draft CS,              
 version K, the words "commercial quantities" was used.  He felt to            
 eliminate people from having a difference of opinion regarding                
 those words, the rewrite will read, "oil and gas not previously               
 produced for sale".  He noted the reason for the change is that               
 extended well tests might trigger this when that was not the intent           
 of the well test.                                                             
                                                                               
 CO-CHAIRMAN GREEN said the information he gave to the writer of               
 regulations in regard to subsection (3), page 3, line 3-8, of the             
 work draft CS, version K, apparently led to the exclusive use of              
 the various terms listed, which was not the intent.  He stated                
 there is a difference of opinion between him (Co-Chairman Green)              
 and the OGC on the use of the word "change."  He explained the                
 rewrite says, "the commissioner shall include provisions in the               
 agreement to modify the state's royalty share based on relevant               
 economic factors including".  He noted the writer has said when the           
 word "including" is used, it is redundant to say "but not limited             
 to" because that is automatically assumed.  The commissioner then             
 has the right to look at any or all of the factors listed as well             
 as something else.                                                            
                                                                               
 CO-CHAIRMAN GREEN said those are the intentions of change from CSHB
 207 (O&G) and the work draft CS, version K.  He explained no typed            
 versions are available.  He asked Representative Rokeberg if he               
 would like to discuss his changes.                                            
                                                                               
 Number 350                                                                    
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG stated that Mr. Boyd had recommended           
 some changes in the definitions of "other relevant factors."  He              
 said in the work draft CS, version K, on page 3, line 10, the words           
 "proved reserves" would be deleted and changed to "the projected              
 ultimate recovery of oil and gas".  He added that the words                   
 "capital investment" on page 3, line 11, of the work draft CS,                
 version K, would be deleted and replaced with "development and/or             
 operating costs".                                                             
                                                                               
 Number 414                                                                    
                                                                               
 JERRY REINWAND, REPRESENTATIVE, FINA OIL & CHEMICAL COMPANY, stated           
 the focus on the commissioner's discretion had been going in the              
 wrong direction but with the changes mentioned, the committee is              
 now headed in the right direction.  He said the issue is not                  
 discretion but rather oversight.  He felt the legislature, by the             
 state Constitution, has been given the responsibility for                     
 oversight.  Clearly, the legislature can call in other people and             
 solicit their opinions but the oversight responsibility is the                
 legislature's.  He noted the legislature has a lot of hooks in the            
 commissioner.  The legislature has the power of confirmation and              
 every year the commissioner has to plead his or her budget before             
 the legislature.                                                              
                                                                               
 MR. REINWAND said contracts are sometimes complex and difficult to            
 understand.  He stated HB 207 is a very complex bill.  He noted the           
 OGC, with people who are new to the legislative process, did an               
 excellent job with the bill.  He pointed out in regard to oversight           
 of other kinds, he has seen legislators take their oversight                  
 responsibility seriously and get extremely active.  For example,              
 Representative Barnes managed to maintain oversight of the                    
 Department of Corrections and did a very good job knowing what was            
 going on.  He reiterated the issue is really oversight.  He urged             
 the committee to make the process as simple as possible and hold              
 people accountable for their decisions.                                       
                                                                               
 Number 457                                                                    
                                                                               
 REPRESENTATIVE SCOTT OGAN stated the issue is allowing the public             
 process to be the oversight entity.  He wondered if there is a                
 constitutional problem regarding public oversight, since the                  
 legislature has authority over regulation of an administrative                
 action.  He noted the public does not have any authority over the             
 commissioner.  The public can tell the commissioner what they think           
 but the commissioner can do what he wants.  The public can say                
 something is a bad policy but the commissioner is not obligated to            
 change something which might not be in the best interest of the               
 state.                                                                        
                                                                               
 (Representative BARNES joined the committee.)                                 
                                                                               
 MR. REINWAND said the concerns are legitimate.  He noted he also              
 represents Tesoro and Tesoro has gone through a two-year process              
 trying to negotiate a contract.  He stated the department and other           
 agencies which have been involved have not given away the farm.  In           
 fact, it has been a very tough process.  He pointed out there seems           
 to be a presumption that the commissioner or other members of the             
 Executive Branch are prone to give away the state's resources.  He            
 stressed that is not the case.  He observed that although the                 
 concern is legitimate, practice has shown that is not the case.  He           
 added that the worse groups he has seen make decisions are the so-            
 called independent groups, who tend to be out of control and are              
 dominated by interests they are supposed to be regulating or                  
 controlling.                                                                  
                                                                               
 MR. REINWAND stressed the commissioner has the authority, and he or           
 she reports to the Governor.  He said if a commissioner gets in               
 trouble with a legislator and does not do a good job, the Governor            
 will know about it.  He felt the concern is legitimate, but in                
 reality, better decisions are made when the responsibility is given           
 to a person and that person is held to the decision.  He noted                
 there is a whole world of experts the legislature can call on for             
 advice.  He stressed that is different than giving the commissioner           
 and then two or three other groups the authority to make the same             
 decision.  He felt that jugs up the process.                                  
                                                                               
 MR. REINWAND said in his 13 years in government, he found the worst           
 decisions came out of a process involving a lot of people.  He                
 stated people should be given the responsibility, they should be              
 held accountable, and if they do not do a good job, they should be            
 let go.                                                                       
                                                                               
 Number 528                                                                    
                                                                               
 CO-CHAIRMAN GREEN stated he subscribes to that theory.  He thought            
 the legislature would say if there is a question, take it to the              
 people because it is they who will be subjected to it and                     
 ultimately, they make the best decisions.  He told committee                  
 members the drafter has indicated he will not be able to make the             
 revisions to HB 207 before the meeting adjourns.  He indicated                
 there will be a copy of the revised version of HB 207 Tuesday                 
 morning at the latest.                                                        
                                                                               
 REPRESENTATIVE RAMONA BARNES recalled that Mr. Reinwand had served            
 as Chief of Staff for Governor Hammond and was also Deputy                    
 Commissioner, Department of Environmental Conservation.  She asked            
 Mr. Reinwand if he recalls any new oil and gas development                    
 occurring during his government service.                                      
                                                                               
 MR. REINWAND replied while he was on the Governor's staff, the                
 Beaufort Sea lease sale was carried out.                                      
                                                                               
 REPRESENTATIVE BARNES said she could not recall any oil and gas               
 development taking place during the Hammond Administration.                   
                                                                               
 Number 559                                                                    
                                                                               
 TOM WILLIAMS, ALASKA TAX COUNSEL, BRITISH PETROLEUM (BP)                      
 EXPLORATION, testified via teleconference and stated BP believes HB
 207 is a good piece of legislation.  He said the bill represents a            
 positive step forward in establishing a cooperative relationship              
 between the state and the oil industry, based on their shared                 
 interests and objectives, instead of one focusing on their                    
 differences.  BP applauds Governor Knowles and his Administration             
 for developing and introducing this legislation and thanks the OGC            
 and House Resources Committee for the time, effort, and study which           
 have been applied to improve and advance the bill.                            
                                                                               
 MR. WILLIAMS stated both the CSHB 207(O&G) and the work draft CS,             
 version K, continues to provide DNR greater flexibility to modify             
 the state's royalty arrangements with producers, in order to obtain           
 development introduction that otherwise would be unlikely to occur.           
 BP believes there are several ways this good piece of legislation             
 can be made even better.  He explained the first change would be on           
 page 1, line 10, of the work draft CS, version K.  The work draft             
 currently expresses an intent that royalty reductions under this              
 bill would remain only if the commissioner of DNR determines that             
 the applicant for such a lease "would not make the additional                 
 investments" without the royalty reduction.                                   
                                                                               
 MR. WILLIAMS told committee members that BP believes it would be              
 extremely difficult, if not impossible, for the commissioner to               
 make such a finding in practical terms.  He pointed out that few,             
 if any investments are so (indiscernible) that one can say they are           
 clearly viable economically under one scenario and are clearly not            
 viable under the other.  What usually happens instead is that the             
 opportunity is clearly more attractive under one scenario than the            
 other.  He stated it is possible someone might proceed with an                
 investment under the less attractive investment scenario and it is            
 also possible they will not proceed with a project even under the             
 better scenario.                                                              
                                                                               
 MR. WILLIAMS explained the commissioner usually will not be able to           
 determine conclusively whether the royalty relief represents a go             
 or no go factor for a given project.  However, the commissioner can           
 determine how much of a help the project will (indiscernible).  He            
 said BP suggests deleting the word "not" in line 10, page 1, of the           
 work draft CS, version K, and replacing it with the words, "be                
 significantly less likely to".  He stated BP also has a technical             
 suggestion for that same sentence.  He explained page 1, line 11,             
 of the work draft CS, version K, refers to the economic life of               
 "the oil or gas field."  Throughout the rest of the bill, the                 
 drafter has taken pains to include pool, or portion of a field or             
 pool.  Therefore, BP believes the words "pool, or portion of a                
 field or pool" should be inserted between the words "field" and               
 "without."                                                                    
                                                                               
 MR. WILLIAMS stated as a result of these suggested changes, the               
 important part of Section 1 would read, "it is the intent of the              
 legislature that the commissioner of natural resources shall                  
 determine, in all cases, that the person or persons applying for              
 the royalty reduction would be significantly less likely to make              
 additional investments that are necessary to develop or prolong the           
 economic life of the oil or gas field, pool or portion of a field             
 or pool without the approval of the royalty reduction."  He noted             
 the alternative which Co-Chairman Green described would also be an            
 improvement over what is contained in the work draft CS, version K            
 and BP would also endorse that.                                               
                                                                               
 Number 615                                                                    
                                                                               
 MR. WILLIAMS said BP also believes the bill should allow the                  
 commissioner of DNR to modify state net profit share interests, as            
 well as state royalties.  He explained net profit payments and                
 royalty payments are both economic rent the state receives for                
 leasing its lands for oil and gas exploration and development.  BP            
 believes that giving the commissioner greater flexibility to                  
 address the economic situation is a good idea.  Therefore, it seems           
 inappropriate to give the commissioner that flexibility with                  
 respect to one form of the economic rent and not for the other.  He           
 said just as the state may gain by modifications to the royalty               
 obligation under a sliding scale royalty mechanism, it could also             
 gain, under various situations, by allowing appropriate                       
 modifications of the net profit share interests.                              
                                                                               
 MR. WILLIAMS stated because HB 207 is not confined to situations              
 where the state interests would be reduced--it allows for royalties           
 to be increased from what they would otherwise be if economic                 
 conditions improve over what was expected--BP believes that on page           
 3, line 24, of the work draft CS, version K, the words "royalty               
 reduction" is too narrow.  He suggested the words should probably             
 be "royalty modification."                                                    
                                                                               
 MR. WILLIAMS said in regard to the oversight of the commissioner to           
 ensure that nothing foolish or sinister goes on, BP believes                  
 oversight is a matter the legislature has to satisfy themselves on.           
 He stated in terms of how BP does its business, it is felt                    
 oversight will never be a problem.  He noted whatever oversight the           
 legislature decides is appropriate, should work fine with BP in               
 practice.                                                                     
                                                                               
 (Representative AUSTERMAN joined the committee.)                              
                                                                               
 Number 641                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked why the committee should consider               
 including net profit share interests.                                         
                                                                               
 MR. WILLIAMS responded in 1979, in anticipation of the lease sale             
 mentioned by Mr. Reinwand, the legislature authorized the issuance            
 of net profit share leases for the first time and some tracts were            
 offered on that basis.  The traditional way for leasing a property            
 was to put the property up for a cash bonus bid with a fixed                  
 royalty.  In 1979, some leases were offered on that same basis but            
 with a net profit share being the primary mechanism, rather than              
 the royalty share.  The idea was that when cash bonuses and a fixed           
 royalty are involved, the state gets its money up-front and is                
 taking little risk in terms of whether or not the project works               
 out.                                                                          
                                                                               
 MR. WILLIAMS explained when a net profit share is involved, the               
 state is taking more of a risk.  The rationale for taking a greater           
 risk is if the project proves to be successful, the state would get           
 a lot more money by having shared the risk rather than taking up-             
 front cash.  He pointed out in making that kind of arrangement, the           
 net profit interest is a term of the deal, the same as the royalty            
 is and in economic sense, it is economic rent the lessee will be              
 paying to the state, the same as paying a royalty.                            
                                                                               
 MR. WILLIAMS stated BP believes it is possible, in certain                    
 circumstances, for the commissioner of DNR, in looking at a field             
 or project, to want to modify a net profit share lease at the same            
 time he is modifying a royalty.  He said it is very difficult to              
 anticipate in advance what all the situations might be but BP                 
 believes that since the commissioner is being given the flexibility           
 to modify the royalty portion of the economic rent as appropriate             
 in dealing with situations, it is also appropriate to allow him to            
 deal with the net profit interests as well, if that is appropriate            
 in the commissioner's mind.                                                   
                                                                               
 Number 677                                                                    
                                                                               
 CO-CHAIRMAN GREEN said, "the change from conventional leasing,                
 where there is a variable bonus and a fixed royalty, in this case,            
 of net profits, the net profits then become the bid variable.  My             
 problem with allowing that to be then changed at the discretion of            
 the commissioner says that if that is the case, then why don't we             
 go back to the conventional leases and also have the cash bonus be            
 subject to payback or changed.  The difference I think that in the            
 cash bonus as the variable, the state and the applicant share the             
 risk to pay out and in the case of the net profits lease, the state           
 gets nothing until the applicant gets his pay out plus interest.              
 I think that puts that in a completely different context than what            
 we are trying to do here to initiate a field that would not                   
 otherwise be made profitable.                                                 
                                                                               
 CO-CHAIRMAN GREEN continued, "I can understand your concern that we           
 are talking about the economic drag down and can the state do                 
 something about it.  I would think the state would open itself up             
 to more or any litigation in the fact that you allow the variable             
 to be granted to the winner and then turn around and say because              
 that was the bid variable, we will now allow you to change that.              
 I also have a problem about the fact that does not apply to very              
 many leases, certainly fewer than what are involved in a productive           
 capacity, maybe because of the burden or maybe because of any                 
 number of reasons.  My view is that should be held off from this              
 bill, allow this bill to work and see how it works, because it is             
 my understanding that the net profits lease or leases that would be           
 in question are sometime in the future before that would become a             
 problem.  On that basis, we would have a chance to review this kind           
 of legislation and then maybe address that at a later date."                  
                                                                               
 TAPE 95-41, SIDE B                                                            
 Number 000                                                                    
                                                                               
 MR. WILLIAMS felt that Co-Chairman Green raised some good points.             
 He noted some of the leases offered in 1979 were on a royalty bid             
 variable and this legislation would allow the commissioner to grant           
 royalty relief, even where that was the bid parameter.  He agreed             
 it is not a good idea for the state to say they accept a high bid             
 and then all of a sudden renegotiate the deal to the advantage of             
 a certain company to beat the competition.  He doubted the                    
 commissioner of DNR would ever let himself get in that kind of                
 situation.  He said the bridge has been crossed, in terms of the              
 potential for something like that to happen, with the royalty bid             
 variable leases, some of which were offered in 1979 and he did not            
 know whether or not there are any producing units are not.                    
                                                                               
 MR. WILLIAMS said in regard to the net profit shares.  BP has some            
 tracts which are on a conventional royalty basis and one very                 
 important tract in that field which has a very high net profit                
 royalty interest.  He stressed there is a great deal of concern,              
 discussion, and controversy between the lessees of that lease and             
 the DNR over how the costs of the field are to be allocated to that           
 tract in computing how much of the investment qualifies to be                 
 recovered under the net profit share lease before the state starts            
 receiving its share of the net profit.  He pointed out it may well            
 be that in a particular situation, a commissioner would prefer to             
 avoid those allocation issues altogether and negotiate a lower net            
 profit share for an entire set of leases.  He noted that                      
 flexibility would not be allowed under present legislation but                
 would be allowed under the suggestion made.                                   
                                                                               
 MR. WILLIAMS stated Co-Chairman Green's concerns are valid.  He               
 does not have any language to offer to prevent the abuse Co-                  
 Chairman Green is concerned about, where someone bids on a net                
 profit percentage or a sliding royalty percentage and then comes              
 back in a year or two years later and tries to get out of the deal.           
 He felt the commissioner should be given the flexibility to deal              
 with these other types of situations and to that extent, it seems             
 appropriate to include net profit interests, as well as royalty               
 interests.                                                                    
                                                                               
 CO-CHAIRMAN GREEN requested Mr. Williams to fax language which BP             
 might want the committee to consider on Wednesday.                            
                                                                               
 Number 090                                                                    
                                                                               
 RICHARD FINEBERG, RESEARCH ASSOCIATES, testified via teleconference           
 and stated in regard to oversight by the public, he agreed with Mr.           
 Reinwand about the need for fixed responsibility.  He does not                
 agree that the system has worked well.  He stated the 30 days                 
 notice mentioned, in regard to the public oversight, seems                    
 reasonable but seems inconsistent with the broad scheme of the                
 legislation, which basically ties the hands of the public by the              
 granting of confidentiality, and by removing the regulations that             
 presently require a public written determination to make it very              
 clear what the commissioner shall do.  He felt the weakening there            
 is tying the public's hands, while at the same time relying on the            
 public to respond in 30 days.                                                 
                                                                               
 Number 150                                                                    
                                                                               
 MR. FINEBERG stated in regard to the factors that the commissioner            
 shall consider, he did not follow Co-Chairman's Green comments                
 about the drafter saying that the factors "include" some factors,             
 and does not exclude others.  He stressed if economic factors are             
 going to be included, he hoped that pipeline economics will be                
 included.  He noted he sent additional graphs down to the                     
 committee, again making the general case that there is not a                  
 substantive case being made for the need for royalty relief.                  
                                                                               
 MR. FINEBERG told committee members the data they received earlier            
 indicates the state is over-estimating production from small or               
 undeveloped fields.  He said of the five major producing fields on            
 the North Slope, only Lisburne has been worse than expectations and           
 all others are showing better than what was forecasted, depending             
 on the time frame looked at.  This again leads to the question of             
 why a substantive analysis is not being done on the royalty                   
 reduction issue.                                                              
                                                                               
 Number 225                                                                    
                                                                               
 REPRESENTATIVE BARNES asked Mr. Fineberg if he is the Mr. Fineberg            
 who previously worked for the Office of Management and Budget.                
                                                                               
 MR. FINEBERG replied yes.                                                     
                                                                               
 KEVIN TABLER, LAND MANGER, UNOCAL CORPORATION, testified via                  
 teleconference and stated UNOCAL concurs with the comments of Mr.             
 Williams in regard to suggested changes in Section 1 of the work              
 draft CS, version K.  He felt the new intent language is less                 
 restrictive.  He urged the committee to review some of the                    
 testimony given in the OGC and not disregard that testimony.  He              
 noted the OGC recognized the distinction between new and exhausted            
 mature fields.  He also urged the committee to reconsider its                 
 direction with regard to the zero royalty.  UNOCAL does not believe           
 there would be a constitutional conflict.  He pointed out that the            
 current statute provides for the ability to go to zero royalty.               
 Therefore, a new requirement is not being created, but rather an              
 attempt is being made to preserve the existing statute.                       
                                                                               
 MR. TABLER said UNOCAL believes it is in the state's best interest            
 for the commissioner to have the flexibility to reduce royalties              
 down to zero, as currently provided.  He stated that finding would            
 be supported by financial and technical data which would                      
 demonstrate that the benefits of such action is warranted.  He                
 added that UNOCAL believes there have been several enhancements to            
 the bill and concur with the changes Co-Chairman Green mentioned              
 earlier.                                                                      
                                                                               
 CO-CHAIRMAN GREEN stated he is very impressed with the work the OGC           
 has done.  He stressed he wants to make sure that any changes the             
 House Resources Committee makes do not reflect ill upon any of the            
 work the OGC has done.                                                        
                                                                               
 Number 312                                                                    
                                                                               
 REPRESENTATIVE BARNES acknowledged the fiscal note attached to HB
 207.  She did not feel the fiscal note is necessary and asked if              
 zeroing out the fiscal note could be considered.  She noted on page           
 3, line 28, of the work draft CS, version K, it states the lessee             
 or lessees have to use nationally recognized consultants in                   
 hydrocarbon production.  She felt these consultants will do the job           
 which the department is asking for an additional oil and gas                  
 engineer to do.                                                               
                                                                               
 CO-CHAIRMAN GREEN said the point had been discussed that if there             
 was going to be an oversight by some other state jurisdiction, that           
 might conceivably cause a fiscal note, but added that under the               
 current version, that oversight goes back to the public.  He agreed           
 a zero fiscal note might be appropriate.                                      
                                                                               
 REPRESENTATIVE ROKEBERG asked if the Acting Director of the                   
 Division of Oil and Gas could answer Representative Barnes'                   
 question.  He said he understood that the Division of Oil and Gas,            
 in the initial budget mark-ups already lost a petroleum engineer in           
 the royalty section.  He noted the information he received from               
 Representative Therriault is that if a bill such as HB 207 passes,            
 the Division of Oil and Gas would have a case to make for having              
 that engineer reinstated.                                                     
                                                                               
 Number 344                                                                    
                                                                               
 KEN BOYD, ACTING DIRECTOR, DIVISION OF OIL AND GAS, DNR, testified            
 via teleconference and stated the fiscal note provides for a                  
 petroleum engineer.  He said the division currently has two                   
 petroleum engineers in the division--one is a unit manager and the            
 other is the petroleum manager and also supervises the royalty                
 accounting section.  He stressed the division can do more work in-            
 house with people in-house.  He noted there is a provision in the             
 bill to do the work outside with other contractors.  He pointed out           
 that institutional knowledge becomes something very important--the            
 more you know, the faster you work, and the better job you may do.            
                                                                               
 MR. BOYD felt it was up to the committee as to how much work they             
 believe can be done in-house.  He noted he does not know how many             
 of these requests may come forward.  He reiterated that he has                
 found the more work done in-house, the more consistent the results            
 and generally speaking, the better the results.  He anticipated               
 using contractors more for number crunching, not for policy making            
 because they will report to the Administration--that is what an               
 employee does and he or she can then be given policy direction.  He           
 summarized the petroleum engineer is there to do what is                      
 anticipated as extra work.                                                    
                                                                               
 REPRESENTATIVE BARNES felt Mr. Boyd does not understand that state            
 employees do not set policy--the legislature does and the employees           
 are there to carry polices out.  She understood how the division              
 would like to have another body, as most departments would like to            
 have other bodies.  She said this is a clear case where the private           
 sector is paying the bill and the department is simply trying to              
 add another body for whatever purpose.  She stressed she wants a              
 zero fiscal note.                                                             
                                                                               
 CO-CHAIRMAN GREEN agreed with Representative Barnes.  He stated if            
 there are numbers to be crunched, that should be done by the                  
 contractor to verify that the applicant's case is justified.  Then            
 it is up to the commissioner to accept or reject.  He said that               
 does not justify another in-house body.                                       
                                                                               
 MR. ROKEBERG passed out two conceptual amendments regarding                   
 subsection (3).  He explained one of the amendments is based on               
 CSHB 207(O&G) and the other amendment is a tuned-up version that              
 was provided by the commissioner's office.  He felt subsection (3)            
 is the most important part of the bill and urged committee members            
 to review the amendments.                                                     
                                                                               
 CO-CHAIRMAN GREEN urged committee members to also consider                    
 modifications to subsections (s) and (t) which make those sections            
 similar to subsection (p) of the existing bill.                               
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to come before the House Resources            
 Committee, Co-Chairman Green adjourned the meeting at 9:22 a.m.               
                                                                               
                                                                               

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