Legislature(2005 - 2006)CAPITOL 124

06/01/2006 09:00 AM House RESOURCES


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09:03:07 AM Start
09:03:40 AM HB2004
11:30:42 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB2004 STRANDED GAS DEVELOPMENT ACT AMENDMENTS TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                          June 1, 2006                                                                                          
                           9:03 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Co-Chair                                                                                             
Representative Ralph Samuels, Co-Chair                                                                                          
Representative Jim Elkins                                                                                                       
Representative Carl Gatto                                                                                                       
Representative Gabrielle LeDoux                                                                                                 
Representative Kurt Olson                                                                                                       
Representative Paul Seaton                                                                                                      
Representative Harry Crawford                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mary Kapsner                                                                                                     
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative John Coghill                                                                                                     
Representative Mark Neuman                                                                                                      
Representative Ethan Berkowitz                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 2004                                                                                                             
"An  Act relating  to the  Alaska Stranded  Gas Development  Act,                                                               
including  clarifications or  provision  of additional  authority                                                               
for  the  development  of stranded  gas  fiscal  contract  terms;                                                               
making a conforming amendment to  the Revised Uniform Arbitration                                                               
Act; relating to municipal impact  money received under the terms                                                               
of  a  stranded  gas  fiscal   contract;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB2004                                                                                                                  
SHORT TITLE: STRANDED GAS DEVELOPMENT ACT AMENDMENTS                                                                            
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
05/31/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/31/06       (H)       RES, JUD                                                                                               
06/01/06       (H)       RES AT 9:00 AM CAPITOL 124                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BONNIE HARRIS, Assistant Attorney General                                                                                       
Oil, Gas and Mining Section                                                                                                     
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Introduced witnesses.                                                                                       
                                                                                                                                
KEVIN JARDELL, Legislative Liaison                                                                                              
Office of the Governor                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 2004.                                                                            
                                                                                                                                
JOE DONAHUE, Staff                                                                                                              
Preston, Gates and Ellis, LLP.                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Presented HB 2004.                                                                                          
                                                                                                                                
JIM BALDWIN, Counsel                                                                                                            
Office of Attorney the General                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented HB 2004.                                                                                          
                                                                                                                                
DAVE VAN TUYL, Commercial Manager                                                                                               
Alaska Gas Group                                                                                                                
BP Exploration (Alaska) Inc.                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions regarding HB 2004.                                                                       
                                                                                                                                
WENDY KING, Director                                                                                                            
External Strategies                                                                                                             
ANS Gas Development                                                                                                             
ConocoPhillips Alaska, Inc.                                                                                                     
POSITION STATEMENT: Answered questions regarding HB 2004.                                                                       
                                                                                                                                
PATRICK COUGHLIN, Senior Counsel                                                                                                
BP Exploration (Alaska) Inc.                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions regarding HB 2004.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  RALPH  SAMUELS  called  the  House  Resources  Standing                                                             
Committee  meeting  to  order at  9:03:07  AM.    Representatives                                                             
Gatto, Olson,  Seaton, Ramras,  and Samuels  were present  at the                                                               
call  to order.    Representatives Elkins,  LeDoux, and  Crawford                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB 2004-STRANDED GAS DEVELOPMENT ACT AMENDMENTS                                                                               
                                                                                                                                
CO-CHAIR SAMUELS announced that the  only order of business would                                                               
be HOUSE BILL  NO. 2004, "An Act relating to  the Alaska Stranded                                                               
Gas  Development Act,  including clarifications  or provision  of                                                               
additional authority  for the development of  stranded gas fiscal                                                               
contract  terms; making  a conforming  amendment  to the  Revised                                                               
Uniform  Arbitration  Act;  relating to  municipal  impact  money                                                               
received under the  terms of a stranded gas  fiscal contract; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
9:03:40 AM                                                                                                                    
                                                                                                                                
BONNIE HARRIS,  Assistant Attorney  General, Oil, Gas  and Mining                                                               
Section, Department of Law, introduced witnesses.                                                                               
                                                                                                                                
9:04:17 AM                                                                                                                    
                                                                                                                                
KEVIN JARDELL, Legislative Liaison,  Office of the Governor, said                                                               
HB 2004 contains  the necessary amendments to  bring the contract                                                               
to the legislature, providing the  legislature the opportunity to                                                               
"make the policy  call" on moving forward with  the direction the                                                               
governor outlined in the contract.   He noted that in 1997 a task                                                               
force  was  created  by  the   legislature  which  recommended  a                                                               
stranded  gas act  that would  allow  negotiations with  "sponsor                                                               
groups to  give special  tax breaks  and other  considerations to                                                               
bring our North Slope  gas to market."  He said  in 2000 and 2003                                                               
the legislature  amended the  act, recognizing  market conditions                                                               
and  changes  within gas  pricing,  economics,  and to  make  the                                                               
pipeline  more feasible.   Amendments  currently before  the body                                                               
are "just the latest step in  recognizing that changes need to be                                                               
made to the Stranded Gas  [Development] Act to recognize and give                                                               
authority to meet  those economic conditions to bring  our gas to                                                               
market."  He said the state  has recognized that some things were                                                               
necessary  "to  bring  the  gas   to  market."    He  added,  "We                                                               
acknowledged all along  that amendments would have to  be made to                                                               
the Stranded Gas [Development] Act  to allow this authority."  He                                                               
said amendments  that the committee  has read were  very specific                                                               
because the administration  "did not want to hide  the ball; this                                                               
wasn't a  game.  This  is a  necessary step to  commercialize the                                                               
gas."   He  said  those amendments  were in  the  packet for  the                                                               
committee,  but  the  legislation  that is  being  introduced  is                                                               
broader in scope  than the original Stranded  Gas Development Act                                                               
(SGDA) amendments as released in the fiscal interest finding.                                                                   
                                                                                                                                
9:07:53 AM                                                                                                                    
                                                                                                                                
MR.  JARDELL  said,  "That  was   done  after  a  great  deal  of                                                               
consultation with  attorneys and looking  at the purpose"  of the                                                               
SGDA.   He said it  is necessary  for the administration  to have                                                               
broader  authority in  order to  respond  to the  public and  the                                                               
legislature.  He  stated, "The legislature, by  statute, has told                                                               
the  administration that  they are  to  take the  input from  the                                                               
public, take the input from the  legislature, and go back in with                                                               
the sponsor  group and  negotiate changes  that they  believe are                                                               
necessary."   He said that  "going to a broader  perspective will                                                               
give us  the authority to respond  to the public, respond  to the                                                               
legislature,  and be  able to  have that  authority to  negotiate                                                               
changes."   He noted that that  is why the latest  amendments are                                                               
broader in  scope and  provided to the  legislature "so  that you                                                               
would have  a clear understanding  of what parts of  the contract                                                               
we  believe we  need  authority  under the  stranded  gas act  to                                                               
pass."   He said it  is necessary to  make these changes  to have                                                               
the  authority  to   progress  the  contract  to   the  point  of                                                               
renegotiating  potential  terms   after  public  and  legislative                                                               
input,  "and then  ultimately  to provide  that  contract to  the                                                               
legislature for  their decision  on the policy  as to  whether or                                                               
not we go forward."                                                                                                             
                                                                                                                                
9:10:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  Mr.   Jardell  if  by  saying  "to                                                               
progress the contract" he meant signing the contract.                                                                           
                                                                                                                                
MR.  JARDELL explained  that as  the administration  went through                                                               
the negotiation process "we recognized  that in order to complete                                                               
a draft  contract and get it  to the public...that we  were going                                                               
to have  to negotiate terms that  may be outside of  the stranded                                                               
gas act and  some that we knew were outside  the stranded gas act                                                               
contract.  Those portions we  have acknowledged from day one that                                                               
we knew  that we would  have to come  back to the  legislature to                                                               
get  authority...to   have  those  provisions  comply   with  the                                                               
stranded gas act.   And so, again, we have  acknowledged that all                                                               
along; we knew we would have to  come back to you, and so that is                                                               
what we are  doing today."  He said the  progression is listening                                                               
to  the public  and the  legislature, so  the administration  can                                                               
make changes and present them to  "the policy makers of the state                                                               
to say,  after, since 1998,  the stranded gas act  amendment, the                                                               
goal, here it is.  Here's  the negotiated agreement.  Do you want                                                               
to go forward  or not?  And  to get to that point  where you have                                                               
that  opportunity to  make that  decision  we need  to pass  this                                                               
legislation."                                                                                                                   
                                                                                                                                
9:12:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked if this  legislation was necessary to                                                               
progress the  contract and  to negotiate the  terms, then  why it                                                               
couldn't have been done earlier.                                                                                                
                                                                                                                                
9:13:07 AM                                                                                                                    
                                                                                                                                
MR. JARDELL said it has been  a long process, and it is difficult                                                               
to  know  what  to  change  until the  final  product  is  known,                                                               
"because everything is  in flux until you're done."   He said the                                                               
administration recognized that it  would need amendments and that                                                               
it would have provisions in  the contract that were not currently                                                               
authorized under the SGDA.                                                                                                      
                                                                                                                                
REPRESENTATIVE GATTO asked the meaning of "economic conditions."                                                                
                                                                                                                                
9:14:40 AM                                                                                                                    
                                                                                                                                
MR.  JARDELL   said  the  economic  conditions   included  "every                                                               
possible  hypothesis  of  what could  happen  going  forward  and                                                               
trying  to   narrow  that   down  to   your  best   judgment  and                                                               
predication," including  what is  best for Alaska.   He  said the                                                               
discussions and  decisions must be  made by the  legislature, and                                                               
"this is a necessary  step to really get that to  you so you have                                                               
the opportunity to  hear and weigh in and decide  after the final                                                               
contract has been renegotiated--is this  the step that we want to                                                               
proceed on?"                                                                                                                    
                                                                                                                                
9:15:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  noted  that Mr.  Jardell's  definition  of                                                               
economic  conditions  is  very  broad and  not  based  solely  on                                                               
current conditions,  and he  said he would  expect it  would have                                                               
been done a  year ago if the conditions are  based on the future.                                                               
He said he  wanted a "specific reference as to  what you meant by                                                               
meeting economic  conditions and if  you meant the price  of gas,                                                               
if  you meant  the arrangement  of  the specific  numbers in  the                                                               
contract, or what?"                                                                                                             
                                                                                                                                
MR. JARDELL said one thing to  move the contract forward was "the                                                               
state's ownership interest.   That was one of the  things that we                                                               
did based  on our  economic research that  we determined  to make                                                               
this project a go, that we were  going to have to take 20 percent                                                               
ownership of the  line, and take our  gas in kind."   That is one                                                               
things the administration weighed the economics on, he stated.                                                                  
                                                                                                                                
CO-CHAIR RAMRAS  said that after  the public comment  period ends                                                               
on June  23, there is a  30-day period for the  administration to                                                               
synthesize the information,  and he asked about the  next step in                                                               
the process.                                                                                                                    
                                                                                                                                
9:17:59 AM                                                                                                                    
                                                                                                                                
MR. JARDELL  said that  under the  SGDA the  legislature directed                                                               
the administration to negotiate the  draft contract to present to                                                               
the legislature and  the public.  He stated that  after that, the                                                               
commissioner of  revenue will  review all comments.   He  said if                                                               
there are  terms that need  to be renegotiated,  the commissioner                                                               
will need to renegotiate with the  sponsor group and "try to make                                                               
those changes."   He said  he thinks the time  frame is up  to 30                                                               
days to  renegotiate those  terms.  If  an agreement  is reached,                                                               
the  administration   will  present  a  final   contract  to  the                                                               
legislature to decide to move forward.                                                                                          
                                                                                                                                
9:19:17 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RAMRAS asked  if there  is  a required  period of  time                                                               
after the public  comment period to "put  everything together, or                                                               
does it happen concurrently?"                                                                                                   
                                                                                                                                
CO-CHAIR SAMUELS said he believes  there is no timeline after the                                                               
public comment period and the  renegotiation.  The administration                                                               
can take  as much  time as  it needs; it  isn't required  to come                                                               
back with a contract at any specific time, he added.                                                                            
                                                                                                                                
9:20:18 AM                                                                                                                    
                                                                                                                                
MR. JARDELL  said Section 43.82.430 states  that the commissioner                                                               
of revenue shall make a decision  within 30 days after the public                                                               
comment period.   One decision could be that "we're  not going to                                                               
go  forward  with  the  contract because  we  cannot  achieve  an                                                               
agreement  or meet  the terms  that we  think are-that  have been                                                               
expressed by the public."  He read:                                                                                             
                                                                                                                                
     [The  commissioner]  shall  prepare a  summary  of  the                                                                    
     public comments  received in  response to  the proposed                                                                    
     contract, the preliminary  findings, and determination.                                                                    
     (2)  After   consultation  with  the   commissioner  of                                                                    
     natural  resources,   if  appropriate,  and   with  the                                                                    
     pertinent   municipal   advisory   group   established,                                                                    
     prepare a list  of proposed amendments, if  any, to the                                                                    
     proposed  contract  that  the commissioner  of  revenue                                                                    
     determines   are  necessary   to   respond  to   public                                                                    
     comments.  (3) Make  final findings and a determination                                                                    
     as to  whether the  proposed contract and  any proposed                                                                    
     amendments  prepared  under  this subsection  meet  the                                                                    
     requirements   and  purpose   of  the   chapter...After                                                                    
     considering  the material  described  in this  section,                                                                    
     securing   the   agreement   of  other   parties,   the                                                                    
     commissioner  determines that  the contract  is in  the                                                                    
     long-term   fiscal   interest   of   the   state,   the                                                                    
     commissioner   shall  submit   the   contract  to   the                                                                    
     governor,  and   then  state  a   commissioner's  final                                                                    
     findings and determination under (a) of this section.                                                                      
                                                                                                                                
9:21:44 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RAMRAS noted  that the  public comment  period will  be                                                               
over on June 23, and he surmised  that by July 22 or sooner there                                                               
shall be a contract to the legislature in a final form.                                                                         
                                                                                                                                
MR. JARDELL said that is a fair interpretation.                                                                                 
                                                                                                                                
9:22:31 AM                                                                                                                    
                                                                                                                                
JOE DONAHUE,  Staff, Preston,  Gates and  Ellis LLP,  stated that                                                               
"most  of the  amendments  in the  first part  of  this bill  are                                                               
driven by two  major policy decisions that the  state made during                                                               
the course  of the negotiations."   Those  are to have  the state                                                               
become a  full commercial partner  in "this project"  and "taking                                                               
royalty  in  kind; production  tax  payments  in kind,  and  also                                                               
taking full responsibility for the  marketing and shipping of the                                                               
gas  over  the  line  by  committing  to  a  firm  transportation                                                               
commitment  on  the pipeline  itself.    The other  major  policy                                                               
decision that is  still in process is the decision  to extend oil                                                               
fiscal certainty to  the producers and that  includes the pending                                                               
discussions   surrounding   the  PPT   [profits-based   petroleum                                                               
production tax].   It includes the  payment in lieu of  taxes for                                                               
oil production and oil pipeline  transportation property.  And it                                                               
will include the oil income  within the corporate income tax PILT                                                               
[Payment in Lieu of Taxes] in the proposed fiscal contract."                                                                    
                                                                                                                                
9:25:25 AM                                                                                                                    
                                                                                                                                
MR.  DONAHUE said  Section 1  repeals a  statement from  existing                                                               
law.     "We   recommend...the  language   relating  to   without                                                               
significantly  altering tax  and  royalty  methodologies.   This,                                                               
again, ties in with the discussion  about the enactment of a PILT                                                               
for  the  production tax  that  would  be incorporated  into  the                                                               
final...if the PPT is enacted in that fashion."                                                                                 
                                                                                                                                
REPRESENTATIVE SEATON said he is  concerned with the statement on                                                               
page  1,  line 10,  "authorizing  establishment  of fiscal  terms                                                               
related to  oil and  gas agreements  and taxes".   He  said other                                                               
statements similarly appear in the  bill to give the commissioner                                                               
the  ability  to modify  oil  taxes  that the  legislature  would                                                               
create in the  PPT.  He said a basic  and fundamental question of                                                               
HB 2004  is allowing the commissioner  to change the oil  and gas                                                               
tax structure.                                                                                                                  
                                                                                                                                
9:27:47 AM                                                                                                                    
                                                                                                                                
MR.  DONAHUE said  HB 2006  allows the  administration-subject to                                                               
the  approval of  the  legislature-to include  oil  PILTs in  the                                                               
contract.  He said it would apply  to all types of taxes: oil and                                                               
gas, production  income, and property  taxes.  He added,  "To the                                                               
extent that there  is authority to modify the oil  taxes, that is                                                               
inherent in the initial underlying SGDA,  in that a PILT would be                                                               
designed  to minimize  disputes between  the parties  and provide                                                               
certainty of payment over time,  and might not reflect the actual                                                               
methodologies  that are  enacted in  statute."   He said  that is                                                               
seen throughout  the proposed fiscal contract  discussing the gas                                                               
pipeline  issues,  the  upstream cost  allowances,  the  upstream                                                               
facilities  payment,  and  the  PILTs that  are  payable  by  the                                                               
mainline entities  and the  midstream entities.   He  stated that                                                               
these are  property taxes  and in  lieu of  property taxes.   The                                                               
instructions on  those types  of taxes, within  the SGDA,  try to                                                               
level the imposition  of the tax and avoid  the front-end impacts                                                               
of some  of the  property tax methods  "and provide  certainty to                                                               
the local political subdivisions and  certainly to the state.  So                                                               
there  is authority  to incorporate  the  existing tax  structure                                                               
into the contract and to modify some of it."                                                                                    
                                                                                                                                
9:29:43 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON asked,  for example,  if the  legislature passes  a                                                               
production tax of 22.5 percent,  can the commissioner incorporate                                                               
a 20 percent tax into the contract.                                                                                             
                                                                                                                                
CHAIR SAMUELS said  he would assume that any tax  rate can be put                                                               
into the contract but then the legislature has to approve it.                                                                   
                                                                                                                                
MR. JARDELL said the commissioner  cannot change the law, but the                                                               
legislature can  if it approves  the contract.  "However,  if you                                                               
pass a  PPT at  22.5 [percent]  or 17, then  yes, we  could still                                                               
negotiate terms  into the contract  that are different  than what                                                               
you  ultimately pass  in  the PPT...with  or  without this  bill.                                                               
That would  be dependent  on the  legislature's adoption  of that                                                               
contract."    He said  that  would  actually be  the  legislature                                                               
passing a new law for a new tax.                                                                                                
                                                                                                                                
9:31:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said, "But without  this you are  not able                                                               
to  negotiate  oil taxes  or  incorporate  oil taxes  under  your                                                               
statutory provisions?"                                                                                                          
                                                                                                                                
MR. JARDELL said, "The stranded gas  act is unclear as to whether                                                               
or not you  can do fiscal certainty on oil.   The minutes reflect                                                               
a  clear   intention  by   the  legislature   that  oil   not  be                                                               
incorporated.  That's why we have  always decided that we need to                                                               
come to  the legislature and  make sure the legislature  gives us                                                               
that  authority, and  that we're  not  going to  play games  with                                                               
parsing  out  words in  the  stranded  gas  act, but  the  fiscal                                                               
certainty on oil  is different than what we could  propose to you                                                               
in a statute  to say just change  the oil tax.  I  think we still                                                               
could move forward and say  we think the legislature should adopt                                                               
a 20/20  tax.  I  don't think we  would need this  legislation to                                                               
propose that."                                                                                                                  
                                                                                                                                
9:33:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX said  if the legislature passes  an oil tax                                                               
and  then ratifies  the contract  with the  same tax,  "would the                                                               
executive branch,  then, as a result  of the terms in  this bill,                                                               
be able  to modify the terms  of the contract without  going back                                                               
to    the   legislature    for    subsequent   ratification    of                                                               
modifications?"                                                                                                                 
                                                                                                                                
MR.  DONAHUE said  the  statutory  authority in  this  bill is  a                                                               
platform for  achieving two goals.   One is "to t-up  this fiscal                                                               
contract  for the  legislature's  full  debate and  deliberation.                                                               
There  can  be no  modifications  via  this contract  absent  the                                                               
ratification  or  the  authorization   act  subsequently  by  the                                                               
legislature."   Changing  the production  tax can  be dealt  with                                                               
"when it  comes time to  approve or disapprove  the authorization                                                               
act which gives the governor  the authority to sign the contract,                                                               
and without which the contract won't be signed."                                                                                
                                                                                                                                
9:35:17 AM                                                                                                                    
                                                                                                                                
CO-CHAIR SAMUELS  put forward  another example  of passing  a PPT                                                               
with  a  tax rate  of  22.5  percent,  which  gets put  into  the                                                               
contract.  He asked  if in 10 years, the new  governor is able to                                                               
lower the tax rate without coming  back to the legislature to re-                                                               
ratify the terms.                                                                                                               
                                                                                                                                
MR. JARDELL  answered that "the commissioner  cannot, by himself,                                                               
bypass the legislature" by changing the  tax rate.  He said if he                                                               
is wrong, he will get back to them.                                                                                             
                                                                                                                                
9:36:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked  if other things in  the contract can                                                               
be  changed  unilaterally.    She noted  that  the  gas  pipeline                                                               
contract is the most significant  thing that the legislature will                                                               
ever  do,   but  "aren't  most  contracts   simply  an  executive                                                               
function?"  She asked what would prohibit modifications.                                                                        
                                                                                                                                
MR.  JARDELL  said  the  executive  branch  operates  within  the                                                               
authority provided by law.  The  authority being given is only to                                                               
the degree that the legislature  ratifies the contract, but it is                                                               
different than most contracts, he said.                                                                                         
                                                                                                                                
9:37:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD said his  worst fears of the profit-based                                                               
oil tax is that it will  be a lawyer's heaven and an accountant's                                                               
nightmare, producing  state revenue well under  what is expected.                                                               
He  asked if  that happened,  "could we  go back  and change  the                                                               
contract?"                                                                                                                      
                                                                                                                                
MR.  DONAHUE said  he  thinks  if the  PPT  was  rolled into  the                                                               
contract, those provisions  would be locked in for  30 years, but                                                               
if the  issue is  egregious, the state  could try  to renegotiate                                                               
the contract with the oil producers if they were amenable.                                                                      
                                                                                                                                
9:40:07 AM                                                                                                                    
                                                                                                                                
MR. DONAHUE said  Section 1 of the bill "is  related to making it                                                               
clear that fiscal certainty can be  granted on the oil side.  The                                                               
original  SGDA  dealt  with providing  fiscal  certainty  on  gas                                                               
issues and on  activities related to the specific  project.  This                                                               
language  makes  it  clear that  it's  related--that  the  fiscal                                                               
certainty  terms   are  related  to  the   parties-the  qualified                                                               
sponsors-and  all  of  their  qualified   oil  and  gas  business                                                               
activities  in  the state."    In  paragraphs  (1) and  (2),  the                                                               
concept of  a related  party is introduced,  which is  defined in                                                               
Section 16  of the bill  as an  affiliate of a  qualified sponsor                                                               
that owns part  of the project and is an  intended beneficiary of                                                               
the fiscal certainty terms.  He  said this concept refers to "the                                                               
LLC,  the mainline  entity  LLC, the  GTP  [gas treatment  plant]                                                               
entity LLC,  and other LLCs that  are formed within the  state to                                                               
own and  operate the [gas]  transmission line."   It is  meant to                                                               
include  entities "that  are not  specifically  mentioned in  the                                                               
original Stranded Gas Development Act."                                                                                         
                                                                                                                                
MR.  DONAHUE said  Section  2  "expands the  topics  that can  be                                                               
addressed in  the fiscal contract."   It again  mentions "related                                                               
party and we  have a repeal of language relating  to the approved                                                               
qualified  project under  this  chapter."   He  said  this is  to                                                               
clarify that fiscal certainty can  be applied to oil and existing                                                               
infrastructure, and not just for the new project.                                                                               
                                                                                                                                
9:43:56 AM                                                                                                                    
                                                                                                                                
MR.  DONAHUE  said  the original  section  provided  the  revenue                                                               
commissioner the authority  to amend the notice  and timing rules                                                               
regarding  taking  gas  in  kind   to  adjust  royalty  valuation                                                               
methodologies.   The new section  deals with the  fiscal contract                                                               
and oil and gas leases or  unit agreements.  The existing version                                                               
has a provision which authorized  the administration to negotiate                                                               
new royalty  valuation methodologies,  "mostly aimed  at avoiding                                                               
conflict  with  producers and  providing  certainty  and ease  of                                                               
administration.  That section has  not been amended by this bill.                                                               
The royalty...valuation  issues on the gas  side are nonexistent,                                                               
essentially, because the state is taking the gas in kind."                                                                      
                                                                                                                                
9:44:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  for an  example of  "how the  state                                                               
would be working in the  unit agreement and why that modification                                                               
is here."                                                                                                                       
                                                                                                                                
MR.  DONAHUE said  the primary  example  in terms  of the  fiscal                                                               
contract  surrounds the  Pt. Thompson  leases and  unit agreement                                                               
and "the  disputes between  the producers in  that unit  area and                                                               
the state."   He said there  is a specific article  in the fiscal                                                               
agreement  that   "supersedes  the  language  of   existing  unit                                                               
agreements  and  oil  and  gas  lease  agreements  for  the  time                                                               
proscribed in that article."                                                                                                    
                                                                                                                                
9:45:41 AM                                                                                                                    
                                                                                                                                
MR.  DONAHUE  said  [paragraph   (3)]  essentially  provides  the                                                               
authority for the revenue commissioner  to include, in a proposed                                                               
contract, a provision to elect  to take production tax payment by                                                               
delivery  of gas  in  lieu  of cash.    He  said [paragraph  (4)]                                                               
expressly  authorizes  the  state  to  negotiate  to  acquire  an                                                               
ownership  interest in  the  project and  "also  refers to  terms                                                               
relating to collateral agreements authorized in [AS 43.82.437]."                                                                
                                                                                                                                
9:46:25 AM                                                                                                                    
                                                                                                                                
MR.  DONAHUE  said Section  3  of  the bill,  regarding  contract                                                               
development, has parallel changes to  reflect changes made in the                                                               
purposes section and  in [AS 43.82.220].  He said  line 3 on page                                                               
3 refers  to terms  for modifications  to taxes  on oil  and gas,                                                               
which is aimed at overcoming  the legislative history of the SGDA                                                               
"that  suggests that  oil taxes  were  not to  be negotiated  and                                                               
resolved through this contract process."   He said that the other                                                               
amendment in  paragraph (1), referring to  credits for investment                                                               
in  the  project,  is  "aimed   at  providing  authority  to  the                                                               
commissioner  of   revenue  to  negotiate   credits...within  the                                                               
context  of the  fiscal  contract that  may  not be  specifically                                                               
authorized  by  the parallel  PPT  legislation  that is  enacted.                                                               
This is  discussed in  the fiscal interest  findings, and  it's a                                                               
credit that's designed to give  incentives and tax credits to the                                                               
producers in  return for their  investment in the  GTP facility."                                                               
He said [paragraph  (2)] refers to the broadening  of the purpose                                                               
behind 43.82.220, "taking  it beyond the authority  to amend just                                                               
royalty   in-kind  related   provisions  and   royalty  valuation                                                               
provisions,  and including  the ability  to amend/modify  oil and                                                               
gas lease agreements  and unit agreements, and to  specify and to                                                               
make  clear   that  these  agreements   are  superseded   by  any                                                               
conflicting terms in  the fiscal contract."  He  continued to say                                                               
that  [paragraph  (6)]  deletes "the  concept  of  administrative                                                               
termination."   It deletes and repeals  43.82.445, which outlined                                                               
an  administrative   appeal  process   for  termination   of  the                                                               
contract.    The  termination regime  has  been  substituted  for                                                               
contract  provisions,  he  said.   "There  is  an  administrative                                                               
termination Article  28, and  there's also  termination authority                                                               
under Article 5, the work commitments provision."                                                                               
                                                                                                                                
9:49:43 AM                                                                                                                    
                                                                                                                                
CO-CHAIR SAMUELS asked  about deleting administrative termination                                                               
on line  19.  He  questioned if  this contract "doesn't  get over                                                               
the  hump"  and the  next  administration  comes in,  "we're  not                                                               
eliminating that,  we're simply broadening that  and saying these                                                               
tools  are now  available  for  contract negotiation...we're  not                                                               
eliminating  saying you  have  to  take the  gas  in kind,  we're                                                               
saying  you  can,  and  you   can  have  termination  other  than                                                               
administration   termination.     You   can   have  whatever   an                                                               
administration negotiates."                                                                                                     
                                                                                                                                
9:50:35 AM                                                                                                                    
                                                                                                                                
MR. DONAHUE said that's correct.                                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON surmised  that administrative  termination                                                               
would  still  be  available;  "it's  just  that  you're  allowing                                                               
arbitration as well."                                                                                                           
                                                                                                                                
9:51:02 AM                                                                                                                    
                                                                                                                                
MR. DONAHUE  said that is  correct.   "This would allow  the next                                                               
administration,  focusing on  a  different type  of contract,  to                                                               
fashion any contractual remedies that it wishes to pursue."                                                                     
                                                                                                                                
CO-CHAIR SAMUELS  asked, "Are there  are any  provisions, instead                                                               
of  broadening   that-the  example   that  we're  given   on  the                                                               
termination--that  you're limiting  it to  what  is actually  the                                                               
contract that  is currently negotiated.   I would think  in every                                                               
instance  you   have  broadened  it  to   incorporate  what  this                                                               
administration has negotiated, as well as other options."                                                                       
                                                                                                                                
9:51:31 AM                                                                                                                    
                                                                                                                                
MR.  DONAHUE said  that's exactly  correct,  and the  goal is  to                                                               
develop  a set  of statutory  provisions that  could work  "going                                                               
forward."  He said [paragraph]  7 contains language to provide "a                                                               
generic  authority  and  a flexibility  to  the  commissioner  of                                                               
revenue  to fashion  various  commercially reasonable  provisions                                                               
that  are necessary  to implement  the  complex policy  decisions                                                               
that are  inherent in  this bill,  and that  is the  decisions to                                                               
attain   an  equity   interest,   decisions   to  make   shipping                                                               
commitments on  the project, and  other related provisions."   He                                                               
said this provision substitutes  for more detailed provisions "in                                                               
the former  version of  this amendment."   He said  it adequately                                                               
covers each  of the  more specific  provisions that  are outlined                                                               
there  and provides  authority for  new and  different provisions                                                               
that may arise from public and legislative input.                                                                               
                                                                                                                                
9:53:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  if it  significantly  changes  the                                                               
legal  standard for  the  commissioner's  best interest  finding.                                                               
"No longer  does it have to  be best interest finding,  it's just                                                               
an interest finding, in the interest of the state."                                                                             
                                                                                                                                
MR. DONAHUE said he thinks  "best interest" was changed to "long-                                                               
term  fiscal  interest" because  that  is  the finding  that  the                                                               
commissioner is  making now with the  preliminary fiscal interest                                                               
findings and will ultimately have to  make with the final.  "This                                                               
is really,  we see, as a  consistency amendment.  It  does change                                                               
the word "best  interest" to "long-term fiscal  interest", so the                                                               
type of test that might  arise there would be slightly different,                                                               
but we would see it as essentially the same."                                                                                   
                                                                                                                                
9:54:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked  if the terms would be  the same from                                                               
a legal standpoint.                                                                                                             
                                                                                                                                
MR. DONAHUE said, "I think  the answer is certainly 'necessary to                                                               
further the  purposes' is  arguable a more  rigid test,  and what                                                               
we're   trying  to   establish  here   is  flexibility   for  the                                                               
commissioner  to  cover  eventualities  that  may  arise  in  the                                                               
future, as well as to deal  with the number of complex provisions                                                               
that  have  been set  forth  in  detail  in the  fiscal  interest                                                               
findings and in the contract.   Whether or not "long term fiscal"                                                               
is  the same  as  "best  interest", you  can  argue that  they're                                                               
different.  We believe that  in this context it's essentially the                                                               
same, because  it ties in  with the findings that  are ultimately                                                               
necessary for  the commissioner to  make to have the  contract go                                                               
forward,  to be  referred to  the governor,  and to  be referred,                                                               
ultimately, to the legislature for ratification."                                                                               
                                                                                                                                
9:56:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD  said  that  when  the  legislature  was                                                               
reauthorizing the  SGDA in 2002-2003, "a  lot of us had  a lot of                                                               
qualms  about it."   The  line about  the best  interests of  the                                                               
state "was one  of the ways they sold reauthorization."   He said                                                               
it seems  that "long-term  interest" could  be construed  to mean                                                               
that the  state could  lose money  in the short  term.   He noted                                                               
that the change of terms could  keep the state from being sued if                                                               
something was  being done that  was not  in the best  interest of                                                               
the state.   He added that weakening the  act creates trepidation                                                               
in him.                                                                                                                         
                                                                                                                                
9:57:46 AM                                                                                                                    
                                                                                                                                
MR.  JARDELL  said,  "I  think   ultimately  this  is  what...the                                                               
legislature  told the  commissioner  to make  in the  preliminary                                                               
interest  finding."   He said  it is  a consistency  change, "but                                                               
ultimately  it's  the  legislature  that's  going  to  make  that                                                               
determination."    He said  the  change  strengthens the  act  by                                                               
making it consistent with the preliminary interest findings.                                                                    
                                                                                                                                
9:58:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD said  if the  legislature approves  this                                                               
contract, "we're  not going to have  another chance for 30  or 45                                                               
years to go back in and change  something that we fouled up."  He                                                               
said there will be no chance to fix it if it doesn't work.                                                                      
                                                                                                                                
9:59:07 AM                                                                                                                    
                                                                                                                                
MR. JARDELL  said, "Continuing the inconsistency,  I don't think,                                                               
will  address  that  concern."     He  said  that  Representative                                                               
Crawford's concerns  should be considered  by the  legislature as                                                               
the issue moves forward.                                                                                                        
                                                                                                                                
CO-CHAIR SAMUELS  said the best  interests of the state  would be                                                               
the  long-term interests  of  the  state, and  he  asked why  the                                                               
change was made.                                                                                                                
                                                                                                                                
10:00:19 AM                                                                                                                   
                                                                                                                                
MR. DONAHUE said it was  changed mostly for consistency, "because                                                               
that's  what   the  commissioner  is  actually   finding  in  the                                                               
documents that  he is preparing."   The best-interest  finding is                                                               
different  than it  is  in the  Department  of Natural  Resources                                                               
context.    "In  this   particular  instance,  the  best-interest                                                               
judgment is ultimately made by the legislature," he stated.                                                                     
                                                                                                                                
10:01:16 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  LEDOUX   said  she  is  still   confused  by  the                                                               
distinction of the  language.  "If it had originally  been in the                                                               
long-term fiscal  interests of  the state,  then that  would have                                                               
sounded fine.   But to  change it now  from the best  interest of                                                               
the  state..."    She suggested  the  following:  long-term  best                                                               
fiscal interest of state.                                                                                                       
                                                                                                                                
10:01:58 AM                                                                                                                   
                                                                                                                                
MR. DONAHUE  answered, "I think  we didn't intend to  trigger too                                                               
much concern over this change.  We  were trying to kind of make a                                                               
rational, technical edit  here that made it fit with  the rest of                                                               
the act.   There was  no intent  to undermine the  judgments that                                                               
have to be made here.  But  we are trying to make the distinction                                                               
between the DNR best interest types  of findings and the types of                                                               
findings  that  are  being  made  here  by  the  commissioner  of                                                               
revenue."                                                                                                                       
                                                                                                                                
10:02:36 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX asked Mr. Donahue  if he can understand, as                                                               
a  lawyer,  how  taking  "best"   out  of  the  findings  can  be                                                               
interpreted in court, regardless of intent.                                                                                     
                                                                                                                                
10:03:09 AM                                                                                                                   
                                                                                                                                
MR.  JARDELL  said AS  43.82.400  provides  that the  preliminary                                                               
findings and  determination be in  the long-term  fiscal interest                                                               
of  the state.    "It  was really  a  consistency  with what  the                                                               
legislature wrote for the preliminary findings."                                                                                
                                                                                                                                
MR. DONAHUE referred  to Section 4 on  the bottom of page  3.  He                                                               
said  it  "basically  authorizes  the attorney  general  and  the                                                               
commissioner of  revenue to agree to  arbitration provisions and,                                                               
as part of that agreement,  to waive sovereign immunity and other                                                               
immunity  protections and  consent to  forms of  arbitration that                                                               
are different from that applicable  under state law, which is the                                                               
revised  Uniform   Arbitration  Act,  and  also,   to  allow  the                                                               
enforcement   of   judgments   against   the   state   in   other                                                               
jurisdictions."  He  said Section 4 also ties in  with Section 17                                                               
of  the  bill,   which  makes  an  exception   from  the  Uniform                                                               
Arbitration Act for arbitration  agreements entered into under AS                                                               
43.82  or under  the SGDA.    He said  Article 26  of the  fiscal                                                               
contract and  the accompanying  exhibit (C),  which lays  out the                                                               
mandatory   dispute  resolution   process,  adopts   the  federal                                                               
arbitration  act  as  the  standard,  and  allows  confirming  an                                                               
arbitration  award in  another jurisdiction  and to  enforce that                                                               
judgment against the state in that jurisdiction.                                                                                
                                                                                                                                
10:05:46 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CRAWFORD asked for a clarifying example.                                                                         
                                                                                                                                
10:06:17 AM                                                                                                                   
                                                                                                                                
MR.  DONAHUE said  currently the  contract requires  arbitration-                                                               
mandatory dispute resolution-in every  case.  The methodology for                                                               
invoking that process  is a choice between the  state uniform act                                                               
and  the  federal  arbitration  act.   He  said  parties  to  the                                                               
contract  agreed that  it would  be  the federal  act that  would                                                               
apply, "and that  awards that are entered against the  state as a                                                               
result of  an arbitration can  be confirmed and  enforced against                                                               
the state in  another jurisdiction."  For example, if  there is a                                                               
dispute within  the contract over  how much money the  state owes                                                               
the  producers for  upstream  cost allowances,  and  there is  an                                                               
award  against the  state that  the  state doesn't  pay, the  oil                                                               
companies  could  go  to another  state  with  jurisdiction  over                                                               
Alaska assets,  he explained.   He  said he  doesn't know  if the                                                               
Alaska Permanent Fund could be part of that.                                                                                    
                                                                                                                                
10:08:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CRAWFORD asked  if the state has  the same ability                                                               
to hold the oil companies to the same standard.                                                                                 
                                                                                                                                
MR. DONAHUE  said he believes the  state would be able  to pursue                                                               
assets of these producers in  other jurisdictions, and it may not                                                               
have to go through the arbitration confirmation process.                                                                        
                                                                                                                                
CO-CHAIR RAMRAS spoke  of a discussion of forming  a Delaware LLC                                                               
rather  than an  Alaska LLC,  and he  said he  doesn't understand                                                               
what was just explained.                                                                                                        
                                                                                                                                
10:10:12 AM                                                                                                                   
                                                                                                                                
MR. DONAHUE said the rules  for dispute resolution for the fiscal                                                               
contract  will  be   separate  from  the  rules   under  the  LLC                                                               
agreements.  The LLC agreements will adopt Delaware law.                                                                        
                                                                                                                                
10:11:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON   asked  for  other  instances   of  state                                                               
sovereignty waivers.                                                                                                            
                                                                                                                                
MR. DONAHUE  said the  state has a  standing waiver  of sovereign                                                               
immunity for most contract tort and  other claims.  The state has                                                               
asked for approval  to allow itself to be sued  in federal court,                                                               
                                                                th                                                              
he said, and that is dependent upon an express waiver  of the 11                                                                
Amendment immunity  of the state  against prosecution  in federal                                                               
court.  He  said he is not  aware of an example  where there's an                                                               
express  waiver of  sovereign  immunity to  be  pursued in  other                                                               
states, but it is similar to  being allowed to be sued in federal                                                               
court, which is generally prohibited.                                                                                           
                                                                                                                                
10:12:53 AM                                                                                                                   
                                                                                                                                
CO-CHAIR SAMUELS requested further information.                                                                                 
                                                                                                                                
MR.  DONAHUE said  Section  5 of  bill has  the  addition of  the                                                               
concept of  related party  to cover  the project  owner entities.                                                               
"These would be  the mainline LLCs, the GTP LLCs,  and other LLCs                                                               
that  are  formed within  Alaska  to  own and  operate  different                                                               
segments of this project."                                                                                                      
                                                                                                                                
10:13:55 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON  asked  about   the  confidence  that  the                                                               
definition   of   related   party  will   not   have   unintended                                                               
consequences   regarding  other   groups,  such   as  contractors                                                               
"requesting some other provisions under this contract."                                                                         
                                                                                                                                
MR. DONAHUE  said the  concept of related  party is  narrowly and                                                               
tightly drafted  "to deal  with the entities  that appear  in the                                                               
contract  and that  are expressly  given fiscal  certainty rights                                                               
and privileges."                                                                                                                
                                                                                                                                
10:15:14 AM                                                                                                                   
                                                                                                                                
MR. DONAHUE referred to Section 6  of the bill.  "In its existing                                                               
form, it  deals only with  modifications of the right  to provide                                                               
notice  and  timing  in  the  taking  of  royalty,  gas  in  kind                                                               
and...the royalty valuation  issues."  He said there  has been an                                                               
expansion of this  provision to clarify that  the fiscal contract                                                               
will supersede  all oil and gas  leases and unit agreements.   On                                                               
page 5,  he noted  that (A), (B),  and (C)  modifications reflect                                                               
the decision by  the state to enter into  the firm transportation                                                               
commitments,  "and to  elect to  take [royalty  in kind]  for the                                                               
life of the  contract and to elect to take  payment of production                                                               
taxes  in kind  for  the life  of  the contract."    He said  the                                                               
modifications  reflect the  shipping commitment  concept and  not                                                               
long-term purchase and sale contracts.   He said the reference to                                                               
"specified  period  of state's  commitment  to  take its  royalty                                                               
share  in value  or  in kind  does  not exceed  the  term of  the                                                               
purchase  and sale  agreements" was  deleted on  page 5,  line 10                                                               
because  the  state  is  not  entering  into  purchase  and  sale                                                               
agreements;  it's entering  into shipping  agreements.   He said,                                                               
"Those amendments will be entered into at the open season."                                                                     
                                                                                                                                
10:18:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON  noted  that Shell  approached  the  state                                                               
about buying  "all the  gas" and  asked if  this would  limit the                                                               
state's ability to make that sale.                                                                                              
                                                                                                                                
MR. DONAHUE said,  "This does not affect any  future decisions by                                                               
the state  or DNR to  enter into  arrangements with Shell  or any                                                               
other  entity to  help  it  market its  gas."   Those  particular                                                               
decisions  might need  some amendments  to  the royalty  advisory                                                               
board, he  stated, and  the role  of that board  will have  to be                                                               
examined  before  the  purchase  and  sale  agreements  commence.                                                               
"There should be  no narrowing of authority; there may  be a need                                                               
to  come back  and clarify  them."   He said  that paragraph  (2)                                                               
"relates   to  clarifying   the  authority   for  upstream   cost                                                               
allowances,  which  are generally  not  provided  for or  allowed                                                               
under  oil and  gas  leases,  to the  extent  that  there is  any                                                               
difference between the  fiscal contract, the terms  of the fiscal                                                               
contracts,  for instance,  relating to  the state's  agreement to                                                               
pay for the  disposal of impurities.  This  provision renders the                                                               
fiscal contract...preeminent over any  other existing oil and gas                                                               
lease agreement or  unit agreement with respect  to those costs."                                                               
He said  Section 7  deletes the reference  to royalty  to reflect                                                               
the broader purpose of subsection 220.                                                                                          
                                                                                                                                
10:20:47 AM                                                                                                                   
                                                                                                                                
MR. DONAHUE  said Section  8 tries  to "nail  down and  avoid any                                                               
conflict  with the  statutory  provisions in  Title  38 that  may                                                               
apply in  the context of  [royalty in kind] dispositions,  and to                                                               
make  it  clear  that  the   standard  laid  out  in  220(a)  for                                                               
determining  the appropriate  methodologies  for maintaining  gas                                                               
for  in-state uses,  for  example, are  satisfied  by the  fiscal                                                               
contract   enacted   pursuant   to  this   provision...to   avoid                                                               
litigation or  conflicts with other  provisions of Title  38 that                                                               
might apply  in this instance."   He noted  it would just  be for                                                               
gas and not oil.                                                                                                                
                                                                                                                                
10:21:52 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON   noted  a  "blanket  prohibition   on  us                                                               
requiring any  producer to sell  any gas,  so we're the  only gas                                                               
supplier,  yet we  have a  20 percent  shipping commitment."   He                                                               
asked  how  that  relates  to  "keeping the  pipe  full  and  yet                                                               
supplying in-state gas, if we're the only suppliers."                                                                           
                                                                                                                                
10:22:36 AM                                                                                                                   
                                                                                                                                
MR. DONAHUE said he  must defer to the FERC experts.   He said he                                                               
thinks the  state has  made allowances  for the  take-off points.                                                               
The state can bargain during the  open season, he added, and make                                                               
judgments about  how much gas it  wants to deliver in  state.  He                                                               
said he  in not  conversant on the  relationship between  the in-                                                               
state FERC tariffs and capacity and the long haul to Alberta.                                                                   
                                                                                                                                
10:23:13 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  asked if the modification  will impair the                                                               
ability  to meet  in-state demands.   He  expressed concern  that                                                               
there is no  obligation for the producers to sell  any gas in the                                                               
state, and he requested more information.                                                                                       
                                                                                                                                
MR. DONAHUE  said he thinks  the theory is  to set up  a platform                                                               
for  the legislature  to decide  whether the  in-state needs  are                                                               
adequately met  by the terms of  the contract and not  so much to                                                               
revisit that  whole area that is  addressed in Title 38,  and now                                                               
here.    "We're  trying  to provide  authority  for  the  general                                                               
provisions  in the  contract and  to allow  the contract  to come                                                               
forward to the  legislature and then for the  legislature to make                                                               
a judgment about whether in-state use is adequately protected."                                                                 
                                                                                                                                
10:25:14 AM                                                                                                                   
                                                                                                                                
MR. DONAHUE said  Section 9 relates to the term  of the contract,                                                               
and the  language deleted  at the  top of page  6 "refers  to the                                                               
possible  argument that...the  known  amount of  stranded gas  in                                                               
[the]  North  Slope is  something  like  37 trillion  cubic  feet                                                               
(tcf), and the project itself  is dependent upon the discovery of                                                               
another 16 tcf, and so to  avoid any ambiguities about whether or                                                               
not unknown gas  is considered 'stranded gas',  that language has                                                               
been  deleted."   He  said it  also  provided clarification  that                                                               
suspensions of contract obligations  are covered by force-majeure                                                               
terms,  but not  to exceed  the 45-year  period "in  the ultimate                                                               
contract."    Section  10  relates  to  project  plans  and  work                                                               
commitments, he stated, providing  for provisions that "allow the                                                               
qualified project plan to be  implemented as modified as a result                                                               
of the contract--development of  the contract under this chapter.                                                               
And that relates to provisions  in the work commitment section of                                                               
the  contract."   He said  the  intent was  to provide  statutory                                                               
support for the approach taken in the work commitment section.                                                                  
                                                                                                                                
MR.  DONAHUE  explained  that Section  11  refers  to  collateral                                                               
agreements of two  types, and [subsection] (a) covers  "a type of                                                               
coordinating  arrangement  that  is under  consideration  by  the                                                               
negotiating team," which  has not decided on whether  to pursue a                                                               
coordination arrangement.   This  arrangement refers to  having a                                                               
parallel contract  that would be with  the state and some  of the                                                               
affiliated   entities  that   would  become   part  of   the  LLC                                                               
agreements, for instance.  He said,  "This is a matter of debate;                                                               
I  don't have  a concrete  example of  what type  of coordination                                                               
agreement might  be proposed...Some  of these  issue may  be just                                                               
incorporated into  the LLC agreements themselves,"  negating such                                                               
an  arrangement.   He  said subsection  (b)  deals with  possible                                                               
situation "in  that one of  the major pieces of  legislation that                                                               
will  also  need  to  go  forward  on  this  transaction  is  the                                                               
legislation enacting  Alaska Pipe, the public  corporation of the                                                               
state  that would  take an  ownership interest  in the  main line                                                               
LLCs or  in the GTP  LLC agreements."   He said  these collateral                                                               
agreements may  be in  place and available  for signature  at the                                                               
time of the authorization of the  fiscal contract.  If the public                                                               
Alaska Pipe  Corporation has been  set up, he said,  this section                                                               
gives the  commissioner members  of that  board the  authority to                                                               
bind the  public corporation.   He said  for a limited  period of                                                               
time there  is a  modified quorum  requirement within  the public                                                               
corporation so that the commissioner  members can bind it, and as                                                               
new  members are  appointed, it  becomes a  majority vote  of all                                                               
those appointed to date.  "So  it's a sequencing issue," and it's                                                               
a question  of how long it  takes to get that  corporation up and                                                               
running.   "This allows it  to be immediately effective  in terms                                                               
of   negotiating  agreements   and   entering   into  these   LLC                                                               
agreements," he said.                                                                                                           
                                                                                                                                
10:30:47 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON,  regarding subsection (e), asked  if it is                                                               
limited to the sponsors and their  affiliates.  He said there has                                                               
been talk  that the sponsors  will not maintain ownership  of the                                                               
pipeline.  "They  always sell them off," he stated.   He asked if                                                               
this limits  the ability of others  to be part of  this contract.                                                               
"Do  they  need  to  be  part  of  this  contract  at  all?    If                                                               
ConocoPhillips Alaska,  Inc. decided  to sell its  interest, that                                                               
would  no  longer  be  an   affiliate...or  would  it  become  an                                                               
affiliate?" he asked.                                                                                                           
                                                                                                                                
MR.  DONAHUE said  the fiscal  contract  has specific  provisions                                                               
with  respect to  the withdrawal  of ConocoPhillips  Alaska, Inc.                                                               
from this contract.                                                                                                             
                                                                                                                                
REPRESENTATIVE  SEATON said  he  just meant  if  Conoco sold  its                                                               
pipeline interest in  the LLC.  He stated that  big oil companies                                                               
generally do not operate pipelines.                                                                                             
                                                                                                                                
MR.  DONAHUE said  it is  very narrowly  drafted and  intended to                                                               
deal with a short-term problem,   "and after that the Alaska Pipe                                                               
Corporation would  be the member  with the ownership  interest in                                                               
the LLC.   Whether or  not ConocoPhillips  could pull out  of the                                                               
LLC agreements and  under what terms, that would be  a matter for                                                               
the LLC agreement."                                                                                                             
                                                                                                                                
10:32:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL asked how many LLCs are contemplated.                                                                    
                                                                                                                                
MR.  DONAHUE  said  currently  there  are  LLC  agreements  being                                                               
negotiated  for the  mainline  entity, the  pipe  from the  North                                                               
Slope to the  Canadian border.  He said there  will be a separate                                                               
LLC for the GTP.  He  noted two others being contemplated for the                                                               
transmission lines.   So there  are at  least four LLCs  that are                                                               
related to ownership of the project.   He noted, "On the Canadian                                                               
side  that ownership  structure  hasn't been  determined, but  it                                                               
would  be some  comparable entity,  possible a  limited liability                                                               
partnership formed under  Canadian law, which would  be formed to                                                               
own the  Canadian border to the  Albert segment."  He  said there                                                               
might be another one formed for the next segment.                                                                               
                                                                                                                                
10:34:02 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   SEATON   said   he   is   concerned   with   the                                                               
proliferations of LLCs because LLCs  don't pay corporate tax.  He                                                               
asked if  there is a  way to make  sure corporate taxes  are paid                                                               
"and it doesn't  become a shell game so that  we lose the ability                                                               
to have corporate income tax paid to the State of Alaska?"                                                                      
                                                                                                                                
10:34:39 AM                                                                                                                   
                                                                                                                                
MR. DONAHUE  said that's a  better question for  Dan [Dickinson].                                                               
He said  the project  owner entities, which  are these  LLCs, are                                                               
"for  the most  part"  covered  within the  terms  of the  fiscal                                                               
contract, "and  so their tax liabilities,  not necessarily income                                                               
tax, but  their tax  liabilities for  property tax  and whatever,                                                               
are already  structured in  the deal."   He  stated that  "to the                                                               
extent that  they're not subject  to an income tax,  then perhaps                                                               
the  members of  these entities  are, then  those entities  would                                                               
have to report  under either the skit-that article  of the fiscal                                                               
contract that deals with corporate  income tax liabilities of the                                                               
producers and their  unitary businesses, or if  it's an unrelated                                                               
entity that  happens to own  part of one  of the LLCs,  then they                                                               
would have to pay and record corporate income tax."                                                                             
                                                                                                                                
10:35:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  asked that the administration  get back to                                                               
the committee on the tax treatment of these LLCs.                                                                               
                                                                                                                                
10:35:57 AM                                                                                                                   
                                                                                                                                
MR. JARDELL said, "It is important  to clarify that the rights of                                                               
any companies to  create an LLC is not being  changed within this                                                               
amendment.   Their  ability to  create an  LLC, whether  we're in                                                               
partnership or if  there are any other joint  venture or anything                                                               
else in this state, is what it  is under the statute.  This isn't                                                               
changing that  authority; this  is granting  us the  authority to                                                               
negotiate what would be in that LLC."                                                                                           
                                                                                                                                
10:36:37 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON said,  "Under the  contract, we're  saying                                                               
that this covers all your taxes, and  I want to make sure that we                                                               
don't get  into a position  establishing these LLCs," and  if the                                                               
legislature decides to  change the tax laws so that  LLCs have to                                                               
pay  taxes,  due  to these  entities  "basically  escaping  those                                                               
taxes, that the  contract does not prevent us  from modifying LLC                                                               
taxes to mirror corporate taxes."                                                                                               
                                                                                                                                
10:37:27 AM                                                                                                                   
                                                                                                                                
CO-CHAIR  RAMRAS   expressed  his  understanding  that   the  LLC                                                               
membership  of  the  producers  would flow  back  to  the  C-Corp                                                               
entities.  He  said he has some LLCs and  "they are extraordinary                                                               
vehicles designed very appropriately  for exactly what our intent                                                               
is here."  He said, "Although the  LLC may not pay any taxes, the                                                               
backstop  is   that  the  LLC   flows  back  to  BP   of  Alaska,                                                               
ConocoPhillips,  ExxonMobil Corporation,  and  those are  C-Corps                                                               
that would have their own ownership interest in the LLC."                                                                       
                                                                                                                                
10:39:01 AM                                                                                                                   
                                                                                                                                
JIM BALDWIN, Counsel to the  Office of the Attorney General, said                                                               
Section  12 addresses  Payment in  Lieu of  Taxes (PILT)  made on                                                               
behalf   of    taxes   that   are   owed    to   revenue-affected                                                               
municipalities.  He said the  section "basically provides comfort                                                               
that  these   PILT  payments   can  be   paid  directly   to  the                                                               
municipalities  as  their taxes  have  been  paid in  the  past."                                                               
Section  13  begins  to implement  provisions  in  the  contract,                                                               
"although not  expressly or completely  set out in  the contract.                                                               
And it  has to  do with the  payment of the  impact funds  to the                                                               
economically-affected communities."   He said pages  82-83 of the                                                               
fiscal findings  outline the impact  payments, which  equals $125                                                               
million over a  six-year period during the  construction phase of                                                               
the contract.   He noted a  request received "rather late  in the                                                               
process" from the  municipality advisory group to come  up with a                                                               
method  for receiving  the funds,  and  that is  what Section  14                                                               
does.    It  establishes  an  account in  the  general  fund  for                                                               
receiving the money and a grant  program that is loosely based on                                                               
the  NPRA grant  program,  he  said.   He  said  Section 15  also                                                               
implements a  request from the  municipality advisory  group that                                                               
its existence be extended throughout  the period that these grant                                                               
funds would be payable.                                                                                                         
                                                                                                                                
10:41:49 AM                                                                                                                   
                                                                                                                                
CO-CHAIR  SAMUELS asked  about the  terms of  membership expiring                                                               
all at one time.                                                                                                                
                                                                                                                                
10:42:08 AM                                                                                                                   
                                                                                                                                
MR. BALDWIN said  Sections 16 defines related  party, and Section                                                               
17 clarifies  that the  state arbitration act  is subject  to the                                                               
terms of  the SGDA.  Section  19 is a reviser's  instruction, and                                                               
Section  20 provides  for retroactivity  of the  bill in  certain                                                               
sections.   The grant  provisions would  not be  retroactive, but                                                               
all the  sections that deal  with conforming of the  stranded gas                                                               
act  amendments   would  be  retroactive  to   January  2004,  he                                                               
explained.  He added that  Section 17 has a different retroactive                                                               
date because it becomes effective on January 2005.                                                                              
                                                                                                                                
10:44:08 AM                                                                                                                   
                                                                                                                                
CO-CHAIR  RAMRAS   requested  from   the  Department  of   Law  a                                                               
discussion  of precedents  or case  law on  the terms  "long-term                                                               
fiscal" and "best".                                                                                                             
                                                                                                                                
REPRESENTATIVE OLSON asked if an  oil tax passed the legislature,                                                               
"what kind of certainty can you  give me that the contract that's                                                               
delivered to us on July 22 has those same terms in it?"                                                                         
                                                                                                                                
10:45:54 AM                                                                                                                   
                                                                                                                                
MR. JARDELL said,  "I think it would be somewhat  bad faith on my                                                               
part to  sit here and  tell you that without  a doubt that  if we                                                               
get into renegotiating the contract  after the public has weighed                                                               
in  and after  the legislature  weighs in  through that  process,                                                               
that we would give you a  definitive answer at this time what our                                                               
position would  be at the bargaining  table.  We do  want to wait                                                               
until we  can consider all  the input of  the public and  all the                                                               
input of  the legislature.   With  that, let  me restate  what, I                                                               
believe,  the Governor  has stated  for some  time now,  that oil                                                               
taxes-the  rate and  the  credit and  the  structure--need to  be                                                               
decided  by  the  legislature,  and that  was  why  the  governor                                                               
insisted on  not putting those  into the contract  and delivering                                                               
that to the legislature, but to  do that through a separate piece                                                               
of  legislation, and  then work  from there  to incorporate  that                                                               
into  the contract.   And  so  our position...has  been that  the                                                               
legislature needs  to set those  rates, and  I believe it  is our                                                               
intention to  take those rates  back to the bargaining  table and                                                               
negotiate  from  those  rates."     He  said  he  cannot  give  a                                                               
definitive answer at this time.                                                                                                 
                                                                                                                                
10:47:32 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON requested  information on  unit agreements  and how                                                               
they can be modified, suggesting that was skipped over.                                                                         
                                                                                                                                
MR. JARDELL said he will get back to the committee.                                                                             
                                                                                                                                
The committee took an at-ease from 10:48:07 AM to 10:49:26 AM.                                                              
                                                                                                                                
DAVE  VAN   TUYL,  Commercial  Manager,  Alaska   Gas  Group,  BP                                                               
Exploration  (Alaska)  Inc.,  addressed  Representative  Seaton's                                                               
question  on the  impact of  in-state  gas sales  on the  state's                                                               
requirement   to   take   out  "FT"   [Firm   Transportation--the                                                               
transportation  commitment to  ship  gas to  Alberta] given  that                                                               
there is no specific requirement  for the producers to enter into                                                               
in-state gas sales  contracts.  He stated that Article  10 of the                                                               
contract  is   complex  and  discusses   "capacity  management-or                                                               
management of  FT."   The provision allows  the state  to request                                                               
each producer to participate in  an open season "and acquire that                                                               
FT-that capacity-on behalf  of the state."  It  will instruct the                                                               
producers to what capacity seems  appropriate, and the state will                                                               
identify to the  producer what in-state capacity  the state might                                                               
need, he  explained.  He said  an open season is  like an auction                                                               
with  no guarantee  of successfully  acquiring capacity,  but "we                                                               
certainly would  go to  the open  season with  that intent."   It                                                               
requires   that  "we   would  acquire   capacity  sufficient   to                                                               
accommodate state  export gas,"  which specifically  excludes any                                                               
gas used for instate purpose.                                                                                                   
                                                                                                                                
10:52:42 AM                                                                                                                   
                                                                                                                                
CO-CHAIR SAMUELS asked if ENSTAR  Natural Gas Company and Chugach                                                               
will bid, "so we know how much  to take off?"  He continued, "But                                                               
if there's  no spur  line and no  way to get  it to  Anchorage, I                                                               
guess, do you have to wait till the next expansion?"                                                                            
                                                                                                                                
10:53:06 AM                                                                                                                   
                                                                                                                                
MR.  VAN  TUYL said  open  season  is  where willing  buyers  and                                                               
sellers  come together,  "so it  would be  an opportunity  for an                                                               
outfit like an ENSTAR" to bid  for capacity off the line at Delta                                                               
Junction,  for example,  to take  gas  into Southcentral  Alaska.                                                               
"At the  same time there  would be  shippers on the  line bidding                                                               
for capacity  into the line,  long haul, instate,  whatever their                                                               
needs  and their  markets  might  be."   He  said  it allows  the                                                               
sponsor of  the project  to design  the project  appropriately to                                                               
meet the needs  of the market, and  that is why FERC  has come up                                                               
with an open season process, "to  allow the market place to speak                                                               
and to insure that the  transportation system is designed to meet                                                               
those needs."                                                                                                                   
                                                                                                                                
10:54:41 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  said ENSTAR  doesn't own  gas, it's  just a                                                               
distribution  network.   "They  have had  it  pretty easy-gas  is                                                               
right next  door," he  said.   Under the  system of  shipping gas                                                               
from the North Slope, ENSTAR needs  a supply of gas, and he asked                                                               
if it will need an intermediate  party now, and if the state will                                                               
sell its in-kind gas to ENSTAR.                                                                                                 
                                                                                                                                
10:55:13 AM                                                                                                                   
                                                                                                                                
MR. VAN TUYL  answered that there are owners of  the resource and                                                               
there  are  parties  that  would be  interested  in  providing  a                                                               
service beyond just the main  pipeline into Alberta.  He surmised                                                               
that  "it would  make sense  for those  entities to  discuss what                                                               
sort of arrangements they might have  to be able to access gas to                                                               
be able  to fill the  need that they  would have for  an in-state                                                               
distribution system."  He said the answer may be "yes".                                                                         
                                                                                                                                
10:55:54 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO asked  if ENSTAR can be a party  in the open                                                               
season.                                                                                                                         
                                                                                                                                
MR. VAN TUYL  said he thinks an entity like  a local distribution                                                               
company  would be  interested in  contracting for  service.   The                                                               
open season  rules require that  the service that is  provided to                                                               
the  off-take  points   in  Alaska  would  have   to  be  mileage                                                               
sensitive.  "The  open season process is a way  for folks to say,                                                               
whether or not  they own the gas, to say,  yea, I'd be interested                                                               
in having that service available."                                                                                              
                                                                                                                                
10:57:38 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CRAWFORD noted that the  state will own 20 percent                                                               
of the pipeline,  and if ENSTAR or another  in-state entity wants                                                               
to contract for gas for in-state  uses, he asked how profits from                                                               
the rest  of the  gas that  is shipped to  Alberta will  be dealt                                                               
with.   "Who  would lose  by...taking care  of that  in-state gas                                                               
when the rest is going down to the tar sands?"                                                                                  
                                                                                                                                
10:58:39 AM                                                                                                                   
                                                                                                                                
WENDY KING,  Director, External Strategies, ANS  Gas Development,                                                               
ConocoPhillips Alaska,  Inc., said  it is her  understanding that                                                               
in-state needs are  about 600 million [cubic feet] per  day.  She                                                               
added  that the  state would  have the  opportunity to  choose to                                                               
market its gas to any entity.   "If you choose to market your gas                                                               
to an in-state  company...you would let us  know that you...would                                                               
like  to  do  that,"  and   "we  would  acquire  capacity  that's                                                               
representative  of  short-haul capacity,"  and  it  would have  a                                                               
mileage-sensitive  rate.    "And  then   it  would  be  just  the                                                               
commercial  arrangements  the  state  chose to  make  with  those                                                               
respective buyers as to what price that would be," she added.                                                                   
                                                                                                                                
11:00:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CRAWFORD  asked about  "the rest  of the  gas that                                                               
went down to the  tar sands project."  If the  state took its gas                                                               
off in  Alaska, "do  we still  make some  of the  money...for the                                                               
tariff where  the gas went  to the tar sands?   Once we  take gas                                                               
off, is that the end of our participation?" he asked.                                                                           
                                                                                                                                
11:01:09 AM                                                                                                                   
                                                                                                                                
MR. VAN  TUYL offered an example  in answering the question:   If                                                               
the state has  access to 20 units  of gas, and chooses  to make 1                                                               
unit of  gas available  for in-state consumption,  at the  end of                                                               
the open  season the state  would have 19  units to move  the gas                                                               
long haul.  He added that the  intent would not be to require the                                                               
state  to take  20  units of  long-haul capacity  if  it knew  in                                                               
advance that it intended to provide 1  unit to the state.  Who is                                                               
best advantaged  in providing in-state  gas versus  long-haul gas                                                               
depends  on a  number of  questions that  no one  can answer,  he                                                               
stated, because  it depends on  the markets from Alberta  "as far                                                               
as  who would  make  out better."   The  pipeline  rates will  be                                                               
adjudicated by  FERC and  will be  fair, he said.   If  the state                                                               
asked  for gas  before the  open season,  "that's indeed  what we                                                               
would try to do."                                                                                                               
                                                                                                                                
11:04:14 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON   asked  if  the  state   would  still  be                                                               
responsible for  20 percent capacity,  FT, down to  Alberta, plus                                                               
what it took off instate.                                                                                                       
                                                                                                                                
11:04:53 AM                                                                                                                   
                                                                                                                                
MS. KING said if the state  asked for in-state capacity, then its                                                               
obligation  with  respect to  that  capacity  would be  for  that                                                               
amount  to that  off-take point.   The  rest would  be long-haul,                                                               
going through  the entire main  line, and the  responsibility for                                                               
capacity would be the amount not used in-state.                                                                                 
                                                                                                                                
11:05:38 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON asked about mileage-sensitive pricing.                                                                    
                                                                                                                                
MR. VAN  TUYL said he  is not an  expert, but surmised  that FERC                                                               
sets  prices based  on the  cost of  moving gas  from point  A to                                                               
point B, not on the market price of gas.                                                                                        
                                                                                                                                
11:06:57 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON asked  if gas prices would  have nothing to                                                               
do with the total price of the gas, just the shipping costs.                                                                    
                                                                                                                                
CO-CHAIR SAMUELS said  the gas price is based on  the market, and                                                               
the contract relates only to the tariff.   He asked if the gas is                                                               
only going  one third of the  way, the tariff will  be one third.                                                               
"The price  of the  gas is  not relevant to  anything to  do with                                                               
this contract; the price of gas is what it is."                                                                                 
                                                                                                                                
11:07:56 AM                                                                                                                   
                                                                                                                                
MR. VAN  TUYL answered yes, the  price of gas is  one matter, and                                                               
the mileage-sensitive service is only related to the tariff.                                                                    
                                                                                                                                
CO-CHAIR SAMUELS  asked if  the costs are  heavier for  the first                                                               
third of the mileage.                                                                                                           
                                                                                                                                
MR. VAN  TUYL said  he understands that  FERC rules  specify that                                                               
there will  be a mileage-sensitive  rate for the  Alaska portion.                                                               
It tries to  insure that service to Alaska will  be less than the                                                               
rate provided to Chicago, for example.                                                                                          
                                                                                                                                
11:08:58 AM                                                                                                                   
                                                                                                                                
CO-CHAIR RAMRAS drew  a distinction between a  mature gas economy                                                               
like  Kenai  or Anchorage,  and  immature  economies like  Delta,                                                               
Valdez, or  Fairbanks.  It will  take years to "ramp  up," and it                                                               
is expensive  to convert from  oil to gas.   He noted  that those                                                               
people who could most benefit  from lower energy costs, are least                                                               
able to make the conversion.  He asked how that will work.                                                                      
                                                                                                                                
11:11:40 AM                                                                                                                   
                                                                                                                                
PATRICK COUGHLIN,  Senior Counsel, BP Exploration  (Alaska) Inc.,                                                               
said it is the same policy  debate the state had in the marketing                                                               
of oil  in 1977.   Policy  makers discussed  subsidizing in-state                                                               
businesses  by  selling oil  more  cheaply  and whether  to  have                                                               
refineries, he said.   "When the state owns its  gas it will have                                                               
the  ability   to  market  the   gas  at  what  price   it  feels                                                               
necessary..."  He said that is one of the benefits to the state.                                                                
                                                                                                                                
11:12:51 AM                                                                                                                   
                                                                                                                                
CO-CHAIR RAMRAS  clarified his  concern about  a transition  to a                                                               
gas  economy.   He  noted  that Flint  Hills  takes  most of  the                                                               
state's royalty oils.                                                                                                           
                                                                                                                                
MR. COUGHLIN said  the contract contemplates the  state forming a                                                               
marketing entity  responsible for making those  decisions, and he                                                               
would expect the legislature to make guidelines.                                                                                
                                                                                                                                
11:14:32 AM                                                                                                                   
                                                                                                                                
MR.  VAN  TUYL said,  "We  plan  on  conducting an  initial  open                                                               
season, approximately  two years-ish  after entering  the project                                                               
planning phase,  and that  would be  the initial  opportunity for                                                               
folks to  say, yes,  I'm interested  in that  service."   He said                                                               
that might  be an easier  decision for communities with  a mature                                                               
gas economy.  He added  that there are multiple opportunities for                                                               
other  communities,  including a  subsequent  open  season and  a                                                               
potential  expansion   of  the   system  because   pipelines  are                                                               
commercially motivated to expand if there are more customers.                                                                   
                                                                                                                                
11:15:57 AM                                                                                                                   
                                                                                                                                
CO-CHAIR  RAMRAS said  the tariff  "could  actually overtake  the                                                               
cost of a MCF  of gas."  He added that  "the take-or-pay issue as                                                               
it  relates  to  shipping  commitments  in  the  gas  line  is  a                                                               
sensitivity,  for me,  on behalf  of all  the immature  economies                                                               
that  would  like  to  make  this transition  from  fuel  oil  to                                                               
presumably more efficient natural gas."   If the state commits to                                                               
a certain capacity, and then the  demand grows in the state, "how                                                               
does this get structured for the benefit of Alaskans?"                                                                          
                                                                                                                                
11:18:47 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO asked  if the state still  owns the capacity                                                               
all the way to Alberta if some is taken off in Alaska.                                                                          
                                                                                                                                
MS. KING  explained the difference  between short-haul  and long-                                                               
haul capacity.  "If there is  capacity booked in the initial open                                                               
season to take  to the off-take points within  Alaska, that would                                                               
be called short-haul  capacity, and that means  the obligation to                                                               
pay  the  ship-or-pay commitment  is  just  for that  portion  of                                                               
capacity.   You don't have to  pay for capacity all  the way down                                                               
to Alberta."   The obligation for that  ship-or-pay commitment is                                                               
directly linked to the short-haul  capacity commitment, she said.                                                               
For long-haul  capacity, the  state will  be responsible  for the                                                               
demand charges  associated with the  capacity booked all  the way                                                               
to Alberta or other off-take points along the way.                                                                              
                                                                                                                                
11:21:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  CRAWFORD  asked  if   "in  the  open  season  the                                                               
capacity was bid out, and from  that point forward if we wanted a                                                               
ramp-up,  there was  going  to have  to be  new  capacity in  the                                                               
line...they would  have to  have more  compression and  all that,                                                               
and that  there would be  a new open season  at some point  to do                                                               
that ramp-up.  Is that not correct?"                                                                                            
                                                                                                                                
MR.  VAN TUYL  said  if ramping  up means  more  capacity in  the                                                               
overall  pipeline,  then yes,  that  would  trigger another  open                                                               
season  to allocate  the additional  capacity  among the  willing                                                               
buyers of that capacity.                                                                                                        
                                                                                                                                
11:22:13 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON  asked  about page  5,  subparagraph  (C),                                                               
stating that the modification does  not impair the ability of the                                                               
state  to  meet   demands  of  state  gas.    He   asked  if  the                                                               
administration feels that an open  season will trump the "ramp-up                                                               
use of gas in the line,  or does this statutory requirement under                                                               
(C)  mean that  the state  will have  to look  at the  reasonably                                                               
foreseeable demand  of in-state  gas and  not impair  the ability                                                               
within its contract to supply that  demand?"  He suggests that it                                                               
states that regardless  of an open season, the state  has to meet                                                               
reasonably foreseeable in-state demand.                                                                                         
                                                                                                                                
11:24:22 AM                                                                                                                   
                                                                                                                                
MR. JARDELL offered to get back  to that, but the new language is                                                               
an expansion of what the state can do.                                                                                          
                                                                                                                                
CO-CHAIR SAMUELS  requested information  on how a  community will                                                               
be able to increase its demands for gas over time.                                                                              
                                                                                                                                
11:26:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON referred to a  June, 1, legal services memo                                                               
to  Representative   Ramras  and   mentioned  Section   5,  which                                                               
discusses related  party "and  removes the  language specifically                                                               
included for  the...taxes on oil/gas  reserves or resource."   He                                                               
asked if that is included in the bill.                                                                                          
                                                                                                                                
11:27:03 AM                                                                                                                   
                                                                                                                                
MR. DONAHUE said he thinks that  is the language in the long form                                                               
of  the SGDA  conforming  amendments, appendix  i  to the  fiscal                                                               
interest findings.  "In that version  of the bill we had language                                                               
at the  end of  what's on  page 4  of HB  2004.   If you  look at                                                               
43.82.210(a), what is now going  to be re-numbered 9--other state                                                               
or  municipal taxes  or  categories of  taxes  identified by  the                                                               
commissioner.    In that  former  version  we had  references  to                                                               
reserves  tax, taxes  enacted by  initiative, and  taxes not  yet                                                               
imposed  by state  or municipal  governments.   Those  provisions                                                               
were put in there, mostly, out  as a matter of full disclosure in                                                               
the context of  what was in the contract.   It was being released                                                               
at  the  same time  as  a  very complex  contract.    It was  our                                                               
judgment  that  the  language  was   probably  not  necessary  to                                                               
identify  those  taxes  but  that  it  was  in  the  interest  of                                                               
facilitating an  understanding of  the contract  that it  was put                                                               
in, and that  language has now been deleted  from subsection (9),                                                               
but we don't feel there was any substantive change."                                                                            
                                                                                                                                
11:28:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON said  the sectional  analysis he  has from                                                               
Legislative Legal  Services states that  the change in  Section 5                                                               
does include  "remove language  specifically included  within the                                                               
state and municipal taxes for the  following.  And one would be a                                                               
tax on oil  or gas reserves or resource.   Your reading is number                                                               
8,  line  22,  [which]  would   authorize  the  commissioners  to                                                               
negotiate removal of the gas reserves tax."                                                                                     
                                                                                                                                
MR. DONAHUE  said, "Yes, that is  our view of what  the law would                                                               
allow."  He  added that the commissioner's  authority to identify                                                               
these different taxes is unchanged.                                                                                             
                                                                                                                                
11:29:39 AM                                                                                                                   
                                                                                                                                
MR. JARDELL  said it was also  broadened to more fully  allow the                                                               
administration to respond to the  public if it brings up concerns                                                               
on how to go about changing components of the tax structure.                                                                    
                                                                                                                                
[HB 2004 was held over.]                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 11:30 AM.                                                               
                                                                                                                                
                                                                                                                                

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