Legislature(2007 - 2008)HOUSE FINANCE 519

11/01/2007 09:00 AM House RESOURCES


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09:17:06 AM Start
09:17:20 AM HB2001
04:54:17 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB2001 OIL & GAS TAX AMENDMENTS TELECONFERENCED
Heard & Held
Presentations by:
Craig Haymes, Production Mgr., ExxonMobil
Mark Hanley, Pub. Affairs Mgr., Anadarko
Marilyn Crockett, Exec. Dir. & Tom
Williams, Tax Committee Chairman, Alaska
Oil & Gas Assoc.
Pat Foley, Land & External Affairs Mgr.,
Pioneer Natural Resources Alaska
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                        November 1, 2007                                                                                        
                           9:17 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Gatto, Co-Chair                                                                                             
Representative Craig Johnson, Co-Chair                                                                                          
Representative Anna Fairclough                                                                                                  
Representative Bob Roses                                                                                                        
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative David Guttenberg                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Les Gara                                                                                                         
Representative John Harris                                                                                                      
Representative Kyle Johansen                                                                                                    
Representative Mike Kelly                                                                                                       
Representative Kevin Meyer                                                                                                      
Senator Thomas Wagoner                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 2001                                                                                                             
"An Act  relating to  the production  tax on oil  and gas  and to                                                               
conservation  surcharges  on oil;  relating  to  the issuance  of                                                               
advisory  bulletins and  the  disclosure  of certain  information                                                               
relating to the  production tax and the  sharing between agencies                                                               
of certain information relating to  the production tax and to oil                                                               
and gas or  gas only leases; amending the State  Personnel Act to                                                               
place in  the exempt service  certain state oil and  gas auditors                                                               
and their immediate supervisors; establishing  an oil and gas tax                                                               
credit  fund and  authorizing payment  from that  fund; providing                                                               
for retroactive  application of certain statutory  and regulatory                                                               
provisions  relating to  the production  tax on  oil and  gas and                                                               
conservation  surcharges on  oil;  making conforming  amendments;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB2001                                                                                                                  
SHORT TITLE: OIL & GAS TAX AMENDMENTS                                                                                           
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
10/18/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
10/18/07       (H)       O&G, RES, FIN                                                                                          
10/19/07       (H)       O&G AT 1:30 PM HOUSE FINANCE 519                                                                       
10/19/07       (H)       Heard & Held                                                                                           
10/19/07       (H)       MINUTE(O&G)                                                                                            
10/20/07       (H)       O&G AT 12:00 AM HOUSE FINANCE 519                                                                      
10/20/07       (H)       Heard & Held                                                                                           
10/20/07       (H)       MINUTE(O&G)                                                                                            
10/21/07       (H)       O&G AT 1:00 PM HOUSE FINANCE 519                                                                       
10/21/07       (H)       Heard & Held                                                                                           
10/21/07       (H)       MINUTE(O&G)                                                                                            
10/22/07       (H)       O&G AT 9:00 AM HOUSE FINANCE 519                                                                       
10/22/07       (H)       Heard & Held                                                                                           
10/22/07       (H)       MINUTE(O&G)                                                                                            
10/23/07       (H)       O&G AT 9:00 AM HOUSE FINANCE 519                                                                       
10/23/07       (H)       Heard & Held                                                                                           
10/23/07       (H)       MINUTE(O&G)                                                                                            
10/24/07       (H)       O&G AT 9:00 AM HOUSE FINANCE 519                                                                       
10/24/07       (H)       Heard & Held                                                                                           
10/24/07       (H)       MINUTE(O&G)                                                                                            
10/25/07       (H)       O&G AT 10:00 AM HOUSE FINANCE 519                                                                      
10/25/07       (H)       Heard & Held                                                                                           
10/25/07       (H)       MINUTE(O&G)                                                                                            
10/26/07       (H)       O&G AT 10:00 AM HOUSE FINANCE 519                                                                      
10/26/07       (H)       Heard & Held                                                                                           
10/26/07       (H)       MINUTE(O&G)                                                                                            
10/27/07       (H)       O&G AT 2:00 PM HOUSE FINANCE 519                                                                       
10/27/07       (H)       Heard & Held                                                                                           
10/27/07       (H)       MINUTE(O&G)                                                                                            
10/28/07       (H)       O&G AT 2:00 PM HOUSE FINANCE 519                                                                       
10/28/07       (H)       Moved CSHB2001(O&G) Out of Committee                                                                   
10/28/07       (H)       MINUTE(O&G)                                                                                            
10/29/07       (H)       O&G RPT CS(O&G) NT 4DP 1NR 2AM                                                                         
10/29/07       (H)       DP: SAMUELS, NEUMAN, RAMRAS, OLSON                                                                     
10/29/07       (H)       NR: DOOGAN                                                                                             
10/29/07       (H)       AM: KAWASAKI, DAHLSTROM                                                                                
10/29/07       (H)       RES AT 1:00 PM HOUSE FINANCE 519                                                                       
10/29/07       (H)       Heard & Held                                                                                           
10/29/07       (H)       MINUTE(RES)                                                                                            
10/30/07       (H)       RES AT 9:00 AM HOUSE FINANCE 519                                                                       
10/30/07       (H)       Heard & Held                                                                                           
10/30/07       (H)       MINUTE(RES)                                                                                            
10/30/07       (H)       RES AT 6:30 PM HOUSE FINANCE 519                                                                       
10/30/07       (H)       Heard & Held                                                                                           
10/30/07       (H)       MINUTE(RES)                                                                                            
10/31/07       (H)       RES AT 9:00 AM HOUSE FINANCE 519                                                                       
10/31/07       (H)       Heard & Held                                                                                           
10/31/07       (H)       MINUTE(RES)                                                                                            
11/01/07       (H)       RES AT 9:00 AM HOUSE FINANCE 519                                                                       
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CRAIG HAYMES, Production Manager - Alaska                                                                                       
ExxonMobil Corporation                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Expressed concerns with HB 2001.                                                                         
                                                                                                                                
MARILYN CROCKETT                                                                                                                
Alaska Oil and Gas Association                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Expressed concerns with HB 2001.                                                                         
                                                                                                                                
TOM WILLIAMS                                                                                                                    
Alaska Oil and Gas Association                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    During   hearing  of  HB  2001,  answered                                                             
questions and provided comments.                                                                                                
                                                                                                                                
PAT FOLEY, Manager                                                                                                              
of Lands and External Affairs                                                                                                   
Pioneer Natural Resources Alaska                                                                                                
POSITION STATEMENT:   During hearing  of HB 2001,  encouraged the                                                             
committee to stay the course with the existing tax.                                                                             
                                                                                                                                
DUDLEY PLATT, Consultant                                                                                                        
Eagle River, Alaska                                                                                                             
POSITION  STATEMENT:    During   hearing  of  HB  2001,  provided                                                             
comments.                                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  CARL   GATTO  called   the  House   Resources  Standing                                                             
Committee  meeting  to  order at  9:17:06  AM.    Representatives                                                             
Gatto,  Johnson, Wilson,  Roses, Edgmon,  Seaton, and  Fairclough                                                               
were present  at the  call to  order.   Representative Guttenberg                                                               
arrived  as  the meeting  was  in  progress.   Other  legislators                                                               
present  were  Representatives  Gara,  Harris,  Johansen,  Kelly,                                                               
Meyer, and Senator Wagoner.                                                                                                     
                                                                                                                                
HB 2001-OIL & GAS TAX AMENDMENTS                                                                                              
                                                                                                                                
9:17:20 AM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  announced that the  only order of  business would                                                               
be HOUSE  BILL NO. 2001, "An  Act relating to the  production tax                                                               
on oil  and gas and  to conservation surcharges on  oil; relating                                                               
to  the issuance  of  advisory bulletins  and  the disclosure  of                                                               
certain  information  relating  to  the production  tax  and  the                                                               
sharing between  agencies of certain information  relating to the                                                               
production tax  and to oil and  gas or gas only  leases; amending                                                               
the State  Personnel Act to  place in the exempt  service certain                                                               
state  oil  and gas  auditors  and  their immediate  supervisors;                                                               
establishing  an oil  and  gas tax  credit  fund and  authorizing                                                               
payment from that fund; providing  for retroactive application of                                                               
certain  statutory  and  regulatory provisions  relating  to  the                                                               
production  tax on  oil and  gas and  conservation surcharges  on                                                               
oil;  making   conforming  amendments;   and  providing   for  an                                                               
effective date."  [Before the committee was CSHB 2001(O&G).]                                                                    
                                                                                                                                
CO-CHAIR GATTO  then reviewed committee procedure  and introduced                                                               
the first speaker.                                                                                                              
                                                                                                                                
9:18:38 AM                                                                                                                    
                                                                                                                                
CRAIG   HAYMES,   Production   Manager   -   Alaska,   ExxonMobil                                                               
Corporation,  Anchorage,  Alaska,  paraphrased  from  a  prepared                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     ... I  want to thank  the committee also today  for the                                                                    
     opportunity  to  testify  on this  important  issue  in                                                                    
     front of  us.  I'd  like to mention the  packages we've                                                                    
     given you.   We have an executive summary  on the front                                                                    
     of our  written testimony and the  executive summary is                                                                    
     about six pages long and  that's to help facilitate the                                                                    
     discussion today and hopefully  will help you follow as                                                                    
     we go  along.   I would  like to  start and  talk about                                                                    
     ExxonMobil and ExxonMobil in Alaska.                                                                                       
                                                                                                                                
     ExxonMobil has  had a  presence in  Alaska for  over 50                                                                    
     years and has  been a key player in  the development of                                                                    
     Alaska's  oil industry.   We  have  spent and  invested                                                                    
     over $20 billion  dollars in Alaska.   We are currently                                                                    
     very  active   with  our  co-owners  at   Prudhoe  Bay,                                                                    
     Kuparuk, Duck Island, Granite  Point and Point Thomson.                                                                    
     Our  current working  interest share  of production  in                                                                    
     the State  is approximately 150,000 barrels  of oil per                                                                    
     day and  we are  also the  largest owner  of discovered                                                                    
     Alaska  gas resources.   We  certainly look  forward to                                                                    
     working with Alaska for many more years to come.                                                                           
                                                                                                                                
9:20:26 AM                                                                                                                    
                                                                                                                                
     I would like to  state upfront that ExxonMobil believes                                                                    
     the  current PPT  tax rate  and  the proposed  increase                                                                    
     will not result in  the additional investments required                                                                    
     to maximize  development of  Alaska's resources.   When                                                                    
     you  consider  Alaska's   resource  potential  and  the                                                                    
     current   production  decline,   ExxonMobil  does   not                                                                    
     support the Administration's proposed tax increase.                                                                        
                                                                                                                                
     Alaska  has significant  undiscovered resources  - both                                                                    
     oil  and   gas;  but   oil  production   is  declining.                                                                    
     Increasing   investment  in   Alaska  is   required  to                                                                    
     mitigate production  decline.  Government  and industry                                                                    
     have  a  common  goal: to  maximize  economic  resource                                                                    
     development of  oil and gas.   The full  development of                                                                    
     Alaska's  resource  potential  will  require  extensive                                                                    
     collaboration and focus  from all parties.   We need to                                                                    
     work  together  -  government, the  industry,  and  the                                                                    
     people  of   Alaska  to  enhance  the   development  of                                                                    
     Alaska's resources.                                                                                                        
                                                                                                                                
     ExxonMobil  believes  that  Alaska needs  a  long  term                                                                    
     resource  development   policy,  a  policy   that  will                                                                    
     encourage    increasing    investment   -    increasing                                                                    
     investment  needed to  mitigate  production decline,  a                                                                    
     policy  that will  encourage  the  full development  of                                                                    
     Alaska's  oil and  gas resources.   With  that I  would                                                                    
     like to talk  about Alaska and the  significant oil and                                                                    
     gas resources it is blessed with.                                                                                          
                                                                                                                                
9:22:11 AM                                                                                                                    
                                                                                                                                
     To  date  Alaska  has  produced  close  to  17  billion                                                                    
     barrels of  oil - a  world class result.   According to                                                                    
     the   US  Geological   Survey  and   the  US   Minerals                                                                    
     Management  Service,  Alaska   still  has  undiscovered                                                                    
     technically  recoverable resources  of over  53 billion                                                                    
     barrels  of oil  as shown  on the  chart, the  barrel -                                                                    
     that's represented  by the orange  colors.  This  is in                                                                    
     addition  to  the   Department  of  Natural  Resources'                                                                    
     estimate  of  known or  proven  reserves  of 6  billion                                                                    
     barrels - that's shown in  the dark green in the chart.                                                                    
     When you  consider this resource potential,  Alaska has                                                                    
     only produced  one quarter of  its resource.   In other                                                                    
     words,  Alaska still  has the  potential to  produce 59                                                                    
     billion barrels of oil.                                                                                                    
                                                                                                                                
9:23:22 AM                                                                                                                    
                                                                                                                                
CHAIR GATTO asked Mr. Haymes if his numbers include heavy oils.                                                                 
                                                                                                                                
MR. HAYMES said the numbers include conventional oil only.                                                                      
                                                                                                                                
CHAIR GATTO asked how much of the remaining three-quarters of                                                                   
Alaska's oil resource is recoverable.                                                                                           
                                                                                                                                
MR. HAYMES  said if one  assumes a crude  price of about  $60 per                                                               
barrel, recovery  of about half  of the 53 billion  barrels would                                                               
be economically feasible, according to  the federal agencies.  He                                                               
clarified the numbers he quoted were based on the mean.                                                                         
                                                                                                                                
9:24:10 AM                                                                                                                    
                                                                                                                                
MR. HAYMES continued:                                                                                                           
                                                                                                                                
     If you  expand the resource assessment  to include gas,                                                                    
     on  an  oil  equivalent  basis,  it  doubles  those  53                                                                    
     billion barrels.  As you  can see in the chart, there's                                                                    
     about 259 trillion  cubic feet of gas  according to the                                                                    
     U.S.   Geological   Survey   and  the   U.S.   Minerals                                                                    
     Management  Service.   Alaska has  significant oil  and                                                                    
     gas resources.   While  Alaska's resource  potential is                                                                    
     high, the  Oil and  Gas Journal and  Energy Information                                                                    
     Administration report that its  world ranking of proved                                                                    
     reserves has dropped  from 14th in 1977  to around 30th                                                                    
     today.                                                                                                                     
                                                                                                                                
9:25:04 AM                                                                                                                    
                                                                                                                                
CHAIR GATTO asked how many rankings exist.                                                                                      
                                                                                                                                
MR. HAYMES noted every country in the world is ranked so the                                                                    
number is probably around 100.                                                                                                  
                                                                                                                                
9:25:16 AM                                                                                                                    
                                                                                                                                
MR. HAYMES continued:                                                                                                           
                                                                                                                                
     How can  we commercialize Alaska's  resource potential?                                                                    
     I'd like to talk a  little bit about Alaska's high cost                                                                    
     challenges.   Alaska  is a  high cost  environment that                                                                    
     challenges the  pace of exploration and  development of                                                                    
     both existing and  new fields.  Alaska  also has mature                                                                    
     producing  fields   with  significant   challenges  and                                                                    
     growing  unit  costs.     Many  factors  contribute  to                                                                    
     Alaska's higher  costs.   Some examples  include severe                                                                    
     Arctic  conditions  placing   seasonal  limitations  on                                                                    
     drilling  and   operations;  a   sensitive  environment                                                                    
     requiring  significant and  due  diligence measures  to                                                                    
     protect  it;  remote  location   of  its  resource  and                                                                    
     distance  to   market  and  current   restrictions  for                                                                    
     exploration  activities.    For  any  investor,  higher                                                                    
     costs  reduce the  attractiveness  of any  opportunity.                                                                    
     We need to work together to reduce these high costs.                                                                       
                                                                                                                                
9:26:33 AM                                                                                                                    
                                                                                                                                
     The  effective application  of technology  is critical.                                                                    
     We  have been  quite successful  in the  past at  using                                                                    
     technology   to  unlock   Alaska's  resources.     Some                                                                    
     examples include the installation  of the ice resistant                                                                    
     platform  at Granite  Point, which  is still  producing                                                                    
     oil today.   Another example is  the completion designs                                                                    
     at  Prudhoe Bay  for  permafrost  conditions.   Another                                                                    
     example  is  the  installation   of  concrete  oil  and                                                                    
     drilling  systems  that  we used  to  drill  the  first                                                                    
     exploration  wells in  the  ice-covered  waters of  the                                                                    
     Beaufort  Sea.   And, also,  still  in use  today a  3D                                                                    
     full-field  simulation  model  for Prudhoe  Bay,  which                                                                    
     continues   to    underpin   enhanced    oil   recovery                                                                    
     opportunities  and development  drilling opportunities.                                                                    
     The  application  of  technology will  continue  to  be                                                                    
     critical  to the  future pace  of resource  exploration                                                                    
     and development activity.   It will require significant                                                                    
     long term research and investment.                                                                                         
                                                                                                                                
9:27:59 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTO  asked  about  the  different  conditions  that  are                                                               
apparent  in  oil  field  developments  and  whether  the  Arctic                                                               
environment is tougher  because of distance to market.   He noted                                                               
the  Arctic  condition also  offers  some  advantages; a  48-inch                                                               
pipeline has  plenty of room  in it and  ice roads can  be built.                                                               
He questioned whether  the Arctic condition is harder  for an oil                                                               
company to develop by 2, 4, or 10 times.                                                                                        
                                                                                                                                
MR. HAYMES  replied when  the Arctic  environment is  compared to                                                               
other  areas where  most of  the oil  and gas  is being  produced                                                               
today, it  presents unique challenges  that increase costs.   The                                                               
remote location  requires significant  infrastructure to  get the                                                               
product to market.   The North Slope is inside  the Arctic Circle                                                               
so drilling and operation and  maintenance activities can only be                                                               
done during certain  times of the year.  The  increased costs are                                                               
due to what is  known as "waste," meaning a drill  might sit at a                                                               
location  for  weeks  or  months   while  awaiting  a  window  of                                                               
opportunity.  In addition the  rigs typically cost $20 million to                                                               
mobilize and winterize  because of severe conditions.   Last, the                                                               
offshore water sites must deal with freezing and thawing ice.                                                                   
                                                                                                                                
9:30:34 AM                                                                                                                    
                                                                                                                                
MR. HAYMES continued:                                                                                                           
                                                                                                                                
     I'd  like  to  talk   about  Alaska's  oil  production.                                                                    
     Alaska  is  currently producing  approximately  750,000                                                                    
     barrels of  oil per  day from the  North Slope  - about                                                                    
     one  third of  its  peak.   The  Department of  Revenue                                                                    
     issued  recently  a  forecast  in  the  spring  revenue                                                                    
     sources book.   You can see  that in the chart.   It is                                                                    
     made  of  two  components.    Apparently  current  base                                                                    
     production  is  shown  in the  green  and  then  future                                                                    
     "Under Development  and Under  Evaluation" is  shown in                                                                    
     the blue.                                                                                                                  
                                                                                                                                
9:32:27 AM                                                                                                                    
                                                                                                                                
     The department's  forecast shows that the  current base                                                                    
     production in  the green is  estimated to decline  at 9                                                                    
     percent per  year and within  10 years will be  down to                                                                    
     around  360,000  barrels  per day.    The  department's                                                                    
     forecast also  shows that this production  decline will                                                                    
     be partially  mitigated or  offset by  the blue  edge -                                                                    
     "Under  Development  and Under  Evaluation"  component.                                                                    
     That includes future  investment opportunities, such as                                                                    
     satellite development  drilling, enhanced  oil recovery                                                                    
     from  existing  fields.   Based  on  this forecast,  50                                                                    
     percent of  the future  production is not  developed or                                                                    
     producing  today.   If  you  consider  that most  North                                                                    
     Slope  projects  take   5  to  7  years   to  bring  to                                                                    
     production,  new term  investment  decisions for  these                                                                    
     activities   will  be   critical  to   underpin  future                                                                    
     production as forecast here.                                                                                               
                                                                                                                                
     If you turn to the  next slide, as I mentioned earlier,                                                                    
     the Department  of Revenue's forecast  is based on  a 9                                                                    
     percent  decline,  as  shown in  the  green,  but  this                                                                    
     decline   includes   current   production   enhancement                                                                    
     investment  activities.   The department  forecast does                                                                    
     not  highlight that  this activity  requires investment                                                                    
     decisions  that  are  no   different  than  the  "Under                                                                    
     Development  and Under  Evaluation" category.   So,  as                                                                    
     such,  a more  accurate  representation  of the  future                                                                    
     investment levels required to  achieve this forecast is                                                                    
     shown in the chart below.                                                                                                  
                                                                                                                                
9:32:55 AM                                                                                                                    
                                                                                                                                
     As this  chart shows, Alaska's oil  production could be                                                                    
     as low as  150,000 barrels per day in  10 years without                                                                    
     an  ongoing  increasing  investment.    Based  on  this                                                                    
     forecast,  within 10  years  75  percent of  production                                                                    
     will come from new investments.   When you look at that                                                                    
     component  - the  green hatched  section  and the  blue                                                                    
     section -  conservatively we estimate  at least  $30 to                                                                    
     $40 billion  of investment is required  to achieve this                                                                    
     production forecast.   We  think 10  years.   That does                                                                    
     not  include  the  billions  of  dollars  of  operating                                                                    
     expenditures that  would be  required to  support those                                                                    
     developments  once  they  are  producing.   This  is  a                                                                    
     significant  future   investment  spending   level  and                                                                    
     substantially more than is currently invested today.                                                                       
                                                                                                                                
9:34:03 AM                                                                                                                    
                                                                                                                                
MR. HAYMES continued:                                                                                                           
                                                                                                                                
     I'd like  to focus in  a little more on  the production                                                                    
     and  talk  about  Alaska's two  largest  oil  fields  -                                                                    
     Prudhoe  Bay and  Kuparuk.   They  have been  producing                                                                    
     since  1977 and  1981, respectively.   Today  these two                                                                    
     fields account  for over 70  percent of  our production                                                                    
     on the  North Slope.   With continuing  exploration and                                                                    
     investment activity, these fields  could remain at this                                                                    
     level  for  the  next  decade.   These  fields  require                                                                    
     continuous investment  to keep the oil  flowing and the                                                                    
     facilities  operating at  capacity.   This is  the same                                                                    
     for any oil  field in the world.   During production of                                                                    
     oil  there  are many  changes  -  changes in  reservoir                                                                    
     pressures,   oil,   water,   gas   production   levels,                                                                    
     operating  conditions,  facilities   utilization.    In                                                                    
     order  to  keep  the oil  flowing,  ongoing  additional                                                                    
     investment  is  required.     Such  is  the  historical                                                                    
     investment  that's  been at  Prudhoe  Bay  for gas  and                                                                    
     water injection and gas compression facilities.                                                                            
                                                                                                                                
     Apparently the  owners spent over  $2 billion  per year                                                                    
     to  optimize and  enhance production  from Prudhoe  Bay                                                                    
     and  Kuparuk.   That  spending is  in  addition to  the                                                                    
     investments   associated  with   development  drilling,                                                                    
     project  activities  and  other enhanced  oil  recovery                                                                    
     opportunities.     These  operating   expenditures  are                                                                    
     critical to  mitigate oil production decline.   Prudhoe                                                                    
     Bay and  Kuparuk have the  potential to continue  to be                                                                    
     critical  contributors  to   Alaska's  oil  production.                                                                    
     They also have  the potential to remain  hubs for other                                                                    
     activities  on the  North Slope,  whether  it's in  the                                                                    
     pursuit of heavy oil, light oil, or gas.                                                                                   
                                                                                                                                
9:36:07 AM                                                                                                                    
                                                                                                                                
     Now  I'd like  to talk  about a  couple of  examples of                                                                    
     where  this has  worked.   Many of  today's exploration                                                                    
     and   development  activities   are  occurring   around                                                                    
     Prudhoe Bay  and Kuparuk.   Since  the year  2000 there                                                                    
     have been multiple  Prudhoe Bay satellite developments.                                                                    
     Most  of  those  today  are  contributing  over  40,000                                                                    
     barrels  of oil  today.   These satellite  developments                                                                    
     would    not   have    been   possible    without   the                                                                    
     infrastructure  of  Prudhoe  Bay  and  Kuparuk.    They                                                                    
     simply   would   not   have    been   economic.      As                                                                    
     infrastructure on the North  Slope continues to expand,                                                                    
     it improves  and creates economic viability  for future                                                                    
     satellite developments as  the infrastructure continues                                                                    
     to grow.                                                                                                                   
                                                                                                                                
     Another example is development  drilling in Prudhoe Bay                                                                    
     and  Kuparuk.   Over the  past  7 years,  over 900  new                                                                    
     wells have been drilled in  those fields.  The drilling                                                                    
     of those  wells has slowed the  production decline from                                                                    
     9 to 12 percent, so 12 to  15 percent to 6 to 9 percent                                                                    
     -and  almost  40  percent   of  today's  production  at                                                                    
     Prudhoe Bay is from these new wells.                                                                                       
                                                                                                                                
9:37:17 AM                                                                                                                    
                                                                                                                                
CHAIR GATTO asked for clarification of the percentages.                                                                         
                                                                                                                                
MR. HAYMES apologized for the  confusion and explained that if no                                                               
drilling  activity  occurred,  Prudhoe   Bay  and  Kuparuk  would                                                               
typically decline at  12 to 15 percent.   Drilling activity would                                                               
mitigate the decline to 6 to 9 percent.                                                                                         
                                                                                                                                
9:37:42 AM                                                                                                                    
                                                                                                                                
MR. HAYMES continued:                                                                                                           
                                                                                                                                
     For  the  past  two   years,  development  drilling  in                                                                    
     Prudhoe Bay  alone has developed the  equivalent amount                                                                    
     of  resources as  the  important Oooguruk  development.                                                                    
     Prudhoe Bay and Kuparuk  have the potential to continue                                                                    
     to  be critical  contributors  to the  North Slope  oil                                                                    
     production.   They  also have  the potential  to remain                                                                    
     key hubs  - hubs that enable  us in the pursuit  of new                                                                    
     heavy  oil,   light  oil  and   gas  as   I  mentioned.                                                                    
     Encouraging  increasing investment  in these  fields is                                                                    
     critical and  important to the  future.   Without these                                                                    
     two  hubs,  Alaska  would  be  severely  challenged  to                                                                    
     realize the full potential of its resources.                                                                               
                                                                                                                                
9:38:28 AM                                                                                                                    
                                                                                                                                
     Now   I'd  like   to  shift   gears   and  talk   about                                                                    
     ExxonMobil's  position on  the enacted  PPT. ExxonMobil                                                                    
     did not  support the  PPT that  was enacted  last year.                                                                    
     As we testified last year,  we supported the concept of                                                                    
     a net-based tax structure,  the proposed 20 percent tax                                                                    
     rate as per the original PPT  bill, and we said that it                                                                    
     would not  encourage a 20  percent full  development of                                                                    
     Alaska's  resource potential.   We  agreed with  the 20                                                                    
     percent tax  rate in order  to support  the progression                                                                    
     of  a  gas   pipeline  project.    The   PPT  that  was                                                                    
     ultimately enacted  increased the  20 percent  base tax                                                                    
     rate  to 22.5  percent  with  progressivity, more  than                                                                    
     doubling industry's  taxation.  When combined  with the                                                                    
     gross  royalties  and  the high  cost  environment,  it                                                                    
     produces  the   attractiveness  of   Alaska's  resource                                                                    
     developments.                                                                                                              
                                                                                                                                
     There  has been  a lot  of discussion  recently on  PPT                                                                    
     revenues and forecasts, which has  been used in part to                                                                    
     support  the  Administration's proposed  tax  increase.                                                                    
     PPT has only  been in existence for  slightly more than                                                                    
     one  year.   The  Department  of  Revenue has  not  yet                                                                    
     completed its regulations around  PPT, nor completed an                                                                    
     order.  ExxonMobil,  as well as a  number of producers,                                                                    
     met with  the Department of Revenue  several months ago                                                                    
     to talk with  them and help understand how  we can help                                                                    
     them  improve  their   ability  to  forecast  revenues.                                                                    
     We're willing  to continue to work  with the Department                                                                    
     of  Revenue in  that pursuit.   We're  also willing  to                                                                    
     work  with auditors  and our  partners  to improve  the                                                                    
     understanding of joint interest billings.                                                                                  
                                                                                                                                
9:40:39 AM                                                                                                                    
                                                                                                                                
     I  would now  like to  talk about  the Administration's                                                                    
     proposed    tax   increase.       In    analyzing   the                                                                    
     Administration's tax proposal,  we found that virtually                                                                    
     all  of  the provisions  of  tax  increases or  further                                                                    
     increases in  complexity.  In  the summary you  have in                                                                    
     front of  you there's  four examples  I'd like  to talk                                                                    
     about but,  Mr. Chairman,  and this  is your  call, the                                                                    
     first  two I  realize are  not in  the current  bill in                                                                    
     front of  you from the committee  substitute, [Indisc.]                                                                    
     with 10 percent gross minimum  tax, ring fencing of the                                                                  
     Legacy   fields,    and   the    additional   reporting                                                                    
     requirements  for exploration  tax credits  so, in  the                                                                    
     interest of  time I  can move past  those or,  if you'd                                                                    
     like  us   to  talk  about  our   perspectives,  I  can                                                                    
     certainly do that.                                                                                                         
                                                                                                                                
9:41:24 AM                                                                                                                    
                                                                                                                                
CHAIR   GATTO  asked   Mr.   Haymes   to  describe   ExxonMobil's                                                               
perspectives.                                                                                                                   
                                                                                                                                
9:41:54 AM                                                                                                                    
                                                                                                                                
MR. HAYMES  said the  10 percent  gross minimum  tax would  be in                                                               
addition to  the base royalty  payments.  With the  minimum gross                                                               
tax,  the state  would be  insulated  from price  and cost  risks                                                               
while   it   would  retain   the   upside   potential  from   the                                                               
progressivity  element.   He explained  the proposal  would shift                                                               
the  development risks  to the  producers.   At  low prices,  the                                                               
producers would be penalized.  He continued:                                                                                    
                                                                                                                                
     Progressing  a   tax  policy   that  singles   out  and                                                                    
     penalizes these fields  will discourage investment, not                                                                    
     only of  these fields but would  also impact investment                                                                    
     attractiveness to explore and  develop other Alaska oil                                                                    
     and gas  resources because of their  dependency on that                                                                    
     infrastructure.   Companies  are  certainly willing  to                                                                    
     accept the  risks of long-term capital  investment but,                                                                    
     when  there's a  corresponding  opportunity for  upside                                                                    
     and    potential,   the    economic   risk    increases                                                                    
     significantly at  a low price  environment with  the 10                                                                    
     percent tax proposal.                                                                                                      
                                                                                                                                
9:43:00 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTO commented  that at  the prices  where the  10% floor                                                               
would  have  existed,  all  parties would  have  been  in  severe                                                               
financial stress.   However, most people recognize  that with oil                                                               
prices at  $96 per  barrel today, they  will probably  never drop                                                               
that far again.  He  said he recognizes ExxonMobil's concern that                                                               
it doesn't want to  be penalized with a gross tax  when no one is                                                               
making  any  money.   He  said  the legislature  recognizes  that                                                               
problem and did not include it in the bill.                                                                                     
                                                                                                                                
9:44:30 AM                                                                                                                    
                                                                                                                                
MR. HAYMES continued:                                                                                                           
                                                                                                                                
     The Administration also proposed  that all revenues and                                                                    
     expenses for  the Legacy Fields, which  I think they've                                                                    
     defined as  Prudhoe Bay and  Kuparuk, would have  to be                                                                    
     accounted for separately, with  separate taxes paid for                                                                    
     each  unit and  their satellites.   This  would include                                                                    
     Alaska's   heavy  oil   resource,  which   already  has                                                                    
     significant  economic  and  technical  hurdles.    It's                                                                    
     interesting  that no  other fields,  units, or  regions                                                                    
     within  the state  would be  subjected to  these higher                                                                    
     tax and administrative burdens.                                                                                            
                                                                                                                                
9:46:26 AM                                                                                                                    
                                                                                                                                
     I  will   talk  a  little  bit   about  the  additional                                                                    
     reporting  requirements  for exploration  tax  credits.                                                                    
     The  Administration  is  proposing  that  in  order  to                                                                    
     qualify for  the exploration tax credits,  the explorer                                                                    
     has  to   agree  in  writing  to   release  proprietary                                                                    
     information, such  as seismic survey and  core samples.                                                                    
     Providing this  type of proprietary information  is not                                                                    
     the  norm  throughout  North America.    Releasing  key                                                                    
     competitive and  highly valued information would  be of                                                                    
     concern to any  explorer.  As you know,  it often takes                                                                    
     decades  to progress  from exploration  to development,                                                                    
     and   the  release   of  proprietary   and  competitive                                                                    
     information  before  an  asset  is  producing  may  not                                                                    
     always be  appropriate so early  in the phase  and, so,                                                                    
     this  could  decrease  the  value  of  the  exploration                                                                    
     credit  and may  discourage an  explorer from  applying                                                                    
     for the  credit.  In  addition, providing this  type of                                                                    
     information would  increase the costs for  an explorer.                                                                    
     Core samples  are costly and  in the bill  it mentioned                                                                    
     providing one-third  of the core  to the state.   Cores                                                                    
     can  always be  made available  upon request.   A  core                                                                    
     [sample]  can  be  easily  damaged.    It's  physically                                                                    
     damaging  to gather  it and  important  to retain  it's                                                                    
     integrity.   So,  when you  look at  it, we  feel these                                                                    
     requirements go  against the basic principle  that if a                                                                    
     party is willing to take  risks to collect information,                                                                    
     they should  be entitled  to maintain  confidential and                                                                    
     competitive information.                                                                                                   
                                                                                                                                
9:47:07 AM                                                                                                                    
                                                                                                                                
CHAIR GATTO  asked if it  would be fair  to say that  because the                                                               
state  participates  in  the investment  by  giving  credits,  it                                                               
should be entitled to the data.                                                                                                 
                                                                                                                                
MR. HAYMES  replied no one  would disagree that the  state should                                                               
see the  data.  He  clarified that  minimizing the burden  on the                                                               
explorer by  keeping costs  down and  providing certainty  that a                                                               
credit  can be  applied  for  and granted  is  what  needs to  be                                                               
considered.     The   bill,   as   written,  contained   specific                                                               
requirements  that a  company must  meet to  be eligible  for the                                                               
credit, which  created uncertainty about the  availability of the                                                               
credit.                                                                                                                         
                                                                                                                                
9:48:18 AM                                                                                                                    
                                                                                                                                
MR. HAYMES continued:                                                                                                           
                                                                                                                                
     I'd like  to talk about  - in  the bill, and  I believe                                                                    
     it's in  the committee  substitute, the  elimination of                                                                    
     the requirement  for joint interest billings  and, as a                                                                    
     starting point  in particular, for  audits.  As  a non-                                                                    
     operator  for Prudhoe  Bay, Kuparuk,  Duck Island,  and                                                                    
     Granite Point, we are on the  receiving end of a lot of                                                                    
     those joint interest billings.   We fail to see how not                                                                    
     using those  is to  the State's  advantage.   I believe                                                                    
     "it is  to their advantage  to use them" is  probably a                                                                    
     better  way  to  say  that.    All  of  the  producers'                                                                    
     deductible  lease expenditures  are in  accordance with                                                                    
     the monthly cost data charged  by the field operator to                                                                    
     its  co-owners.   In addition,  in a  field's operating                                                                    
     agreement, the  working interest owners  have specified                                                                    
     what cost an operator can  bill to the co-owners.  Each                                                                    
     year the operator is subjected  to very detailed audits                                                                    
     by the  co-owners and we  do that to  ensure compliance                                                                    
     in accordance with those joint operating agreements.                                                                       
                                                                                                                                
     The  use  of  these  joint  interest  billings  is  the                                                                    
     foundation  to determine  what  are allowable  business                                                                    
     expenses,  which  provides greater  predictability  and                                                                    
     eliminates  the  need  for the  state  to  reorder  new                                                                    
     information  for  the  same  materials.    Using  joint                                                                    
     interest   billings    will   reduce    disputes   over                                                                    
     appropriate deductions, as well  as the state's and the                                                                    
     producers' administrative and audit  costs.  We believe                                                                    
     they should  be used as  a starting point.   It doesn't                                                                    
     mean that's the ending point.   ExxonMobil spends a lot                                                                    
     of time auditing those joint interest billings.                                                                            
                                                                                                                                
9:49:56 AM                                                                                                                    
                                                                                                                                
     I'd like to  talk a little bit  about joint information                                                                    
     requests.   The Administration  is proposing  that they                                                                    
     require   additional  information   to  improve   their                                                                    
     ability to  forecast future revenues  under PPT.   As I                                                                    
     mentioned  earlier,  we  met  with  the  Department  of                                                                    
     Revenue months  ago and are  willing to  continue those                                                                    
     efforts to help them with  that focus.  We believe that                                                                    
     additional information beyond  that currently submitted                                                                    
     with our tax filings  needs to be carefully considered.                                                                    
     There  must be  some limitation  and reasonableness  on                                                                    
     what data is requested.   As an example, in addition to                                                                    
     monthly   cost   and    production   information,   the                                                                    
     Department would now require  a producer or explorer to                                                                    
     file  each month  "other  records  and information  the                                                                    
     department  considers  necessary."   We  recognize  the                                                                    
     Department's need  for additional  data but  we believe                                                                    
     the current  legislation is too open-ended.   It should                                                                    
     be  amended to  specify  the  required information  and                                                                    
     existing  data that  is already  submitted needs  to be                                                                    
     strongly  considered.   There is  a lot  of information                                                                    
     that  is  shared  currently   with  the  Department  of                                                                    
     Revenue.                                                                                                                   
                                                                                                                                
9:51:33 AM                                                                                                                    
                                                                                                                                
     I would  like to shift gears  and step back.   I'd like                                                                    
     to address  another important  element of  the business                                                                    
     environment for  any investor -  fiscal predictability.                                                                    
     ExxonMobil,  and  I  believe  the  industry,  values  a                                                                    
     predictable fiscal  environment in which to  make long-                                                                    
     term  investment   decisions.    Our   investments  are                                                                    
     capital   intensive   and  typically   evaluated   over                                                                    
     timeframes of decades.   A change in  the fiscal regime                                                                    
     has a  direct impact on  how we view  predictability of                                                                    
     the Alaska  fiscal environment.  This  directly impacts                                                                    
     how  we  evaluate on  a  risk  basis future  investment                                                                    
     decisions.  The  Administration's proposed tax increase                                                                    
     would  represent   the  third  significant   change  to                                                                    
     Alaska's  fiscal   terms  in  the  past   three  years.                                                                    
     Changing the  fiscal environment for  capital intensive                                                                    
     projects  could take  many years  to generate  a return                                                                    
     and  can  only  reduce   the  attractiveness  of  those                                                                    
     investments.                                                                                                               
                                                                                                                                
9:52:51 AM                                                                                                                    
                                                                                                                                
CHAIR GATTO asked  Mr. Haymes if he felt the  first change made a                                                               
couple  of years  ago to  boundaries was  significant and  on par                                                               
with PPT.                                                                                                                       
                                                                                                                                
MR.  HAYMES  said   he  recognizes  the  aggregated   ELF  was  a                                                               
regulatory change,  not a statutory  change.  As a  taxpayer, any                                                               
change, be  it statutory, regulatory,  or municipal, is  a change                                                               
to the  fiscal regime.   The aggregated  ELF was a  tax increase,                                                               
but not as substantial as the PPT or ACES.                                                                                      
                                                                                                                                
CHAIR  GATTO said  he asked  because Mr.  Haymes grouped  it with                                                               
three significant changes, rather than  calling it one minor, one                                                               
significant and one proposed change.                                                                                            
                                                                                                                                
MR. HAYMES said on an industry  level, the change from ELF to the                                                               
aggregated  ELF  to PPT  to  ACES  would  represent an  over  350                                                               
percent increase  in taxes.   He noted each time  taxes increase,                                                               
the   attractiveness  of   any   prospective   well  or   project                                                               
diminishes.   For every well  or project that does  not progress,                                                               
additional production of state revenues are foregone.                                                                           
                                                                                                                                
9:54:26 AM                                                                                                                    
                                                                                                                                
MR. HAYMES continued:                                                                                                           
                                                                                                                                
     ExxonMobil expects  to be involved  in Alaska  for many                                                                    
     years to come.   Policies established today  and in the                                                                    
     future  will  impact  the attractiveness  of  potential                                                                    
     projects and the future of Alaska.                                                                                         
                                                                                                                                
     Mr. Chairman,  I'd like to  wrap up on the  next couple                                                                    
     of  summaries.    Alaska  needs  a  long-term  resource                                                                    
     development policy.                                                                                                        
                                                                                                                                
9:54:41 AM                                                                                                                    
                                                                                                                                
     As   I  mentioned   earlier,  Alaska   has  significant                                                                    
     resource potential  but it is a  high-cost environment.                                                                    
     Oil production is  at one-third of its  peak, but we've                                                                    
     only  produced one-quarter  of the  total oil  resource                                                                    
     potential.   The gas  resource potential  is equivalent                                                                    
     to  the  oil.    It will  take  significant  resources,                                                                    
     technology,  investment, and  teamwork  to realize  the                                                                    
     full  potential.   In  ten  years,  75 percent  of  the                                                                    
     future oil  production needs over  $30 to  $40 billion,                                                                    
     conservatively,  of new  investment.   Prudhoe Bay  and                                                                    
     Kuparuk  represent currently  70 percent  of the  North                                                                    
     Slope  production  and  they can  continue  to  provide                                                                    
     significant levels of production  if the right level of                                                                    
     investment  continues.   They can  be the  backbone for                                                                    
     future   exploration-development  activities,   whether                                                                    
     it's  heavy oil,  light oil,  or gas.   Alaska  and the                                                                    
     industry  collaboratively  need  to create  a  resource                                                                    
     development  policy.     We  propose   a  collaborative                                                                    
     approach  to develop  a sustainable  long-term resource                                                                    
     policy that  will encourage the  increasing investments                                                                    
     that are needed to build  the future of Alaska for many                                                                    
     generations to come.  I've  listed here some of the key                                                                    
     components we believe are important.                                                                                       
                                                                                                                                
·    Characterization of statewide resource potential.                                                                          
·    Identification of key issues challenging exploration                                                                       
     and development.                                                                                                           
·    Key factors that impact resource value, such as                                                                            
     research,   technology,  and   exploration  development                                                                    
     costs,  regulatory  and  environmental  considerations,                                                                    
     land access.                                                                                                               
·    Establishment of a fiscal policy that will encourage                                                                       
     development of remaining resources.                                                                                        
·    Regular    meetings    with   industry    and    agency                                                                    
     representatives.                                                                                                           
                                                                                                                                
     ExxonMobil   looks   forward   to  working   with   the                                                                    
     Administration,  legislators, the  industry and  people                                                                    
     of Alaska in the future  pursuit and development of its                                                                    
     oil and gas  resources.  Thank you  again, Mr. Chairman                                                                    
     and committee  members, for the opportunity  to testify                                                                    
     today.                                                                                                                     
                                                                                                                                
9:57:33 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTO  opened  the meeting  to  questions  from  committee                                                               
members.                                                                                                                        
                                                                                                                                
REPRESENTATIVE ROSES asked Mr. Haymes  to address the differences                                                               
in the bill  before the committee and ACES,  on the progressivity                                                               
on  the  gross as  opposed  to  the net.    He  noted Mr.  Haymes                                                               
mentioned  the $30  to  $40  billion that  will  be necessary  to                                                               
invest  for   future  development   production.    He   asked  if                                                               
ExxonMobil produces in  any other country or state  that offer as                                                               
many credits and incentives as Alaska.                                                                                          
                                                                                                                                
9:58:38 AM                                                                                                                    
                                                                                                                                
MR. HAYMES  said the gross  progressivity is no different  from a                                                               
gross  tax.   Gross  does  not take  into  account the  different                                                               
challenges that  face future investment opportunities  in Alaska.                                                               
A low gross tax has worked  in other countries; the 10 percent or                                                               
progressivity  factor would  dampen  attractiveness.   ExxonMobil                                                               
would have  to assume  the gross  would apply  when it  looked at                                                               
future  investments.    He   said  ExxonMobil  considers  various                                                               
factors when  making investment decisions,  such as  the reserves                                                               
risk, the costs  to explore, develop, and  produce, including the                                                               
technology required, the fiscal  regime, the operating costs over                                                               
the  life, and  the  costs of  returning the  site  to an  agreed                                                               
condition.                                                                                                                      
                                                                                                                                
He explained  the $30 to $40  billion required averages $3  to $4                                                               
billion per year for  the next 10 years - that  is in addition to                                                               
operating  costs on  the Slope.   The  industry currently  spends                                                               
about  $2 to  $2.5 billion.   That  substantial increase  will be                                                               
necessary to achieve the Department of Revenue forecast.                                                                        
                                                                                                                                
10:01:21 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  ROSES said  he  was  not asking  how  or why  the                                                               
investment would  be made but  whether ExxonMobil is  offered the                                                               
same incentives that Alaska offers anywhere else in the world.                                                                  
                                                                                                                                
MR. HAYMES said  many different fiscal policies  exist around the                                                               
world: net,  gross, credits.  "They  can all work," he  said.  He                                                               
said it  is important that Alaska  look at what others  are doing                                                               
but each place is unique.   ExxonMobil must look at Alaska in the                                                               
context of its  goal here, whether that be to  develop the entire                                                               
resource  and at  what  pace.   If  the  53  billion barrels  was                                                               
produced at  1 million barrels per  day, it would take  124 years                                                               
to produce.  Producing the gas  at 4.5 billion cubic feet per day                                                               
would  take  150 years.    He  noted  the resource  potential  is                                                               
massive but  ExxonMobil's production  is down to  750,000 barrels                                                               
per day.  He stated there is no right or wrong or magic answer.                                                                 
                                                                                                                                
10:03:27 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE WILSON  commented that,  considering the  price of                                                               
oil today, Alaska  is not alone in  considering restructuring its                                                               
oil tax to get higher returns.   She asked how many countries and                                                               
states are considering raising their taxes.                                                                                     
                                                                                                                                
MR. HAYMES  said when the  crude price inflates; the  'pie share'                                                               
is scrutinized.  A lot of countries  are doing that.  He said one                                                               
must step  back and consider  whether the price will  remain that                                                               
high.  Historically it has not.   He said ExxonMobil believes the                                                               
net-based structure can  work and that the tax  rate to encourage                                                               
the full investment of the  resource potential is too high today.                                                               
The  goal must  be  the focus,  whether that  is  to develop  the                                                               
resource  potential or  the revenue  stream.   He said  those two                                                               
goals  need to  be balanced.   The  biggest challenge  facing the                                                               
industry is  that it  looks at timelines  of decades.   Typically                                                               
governments  are  in   power  for  less  than   decades,  as  are                                                               
legislators, so  it is  important to  look at  a policy  that can                                                               
bridge the  investment timeline under  consideration.   Long term                                                               
perspectives must be kept in mind by the oil companies.                                                                         
                                                                                                                                
10:07:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  WILSON  noted  Mr.  Haymes  did  not  answer  her                                                               
question.                                                                                                                       
                                                                                                                                
10:08:09 AM                                                                                                                   
                                                                                                                                
MR.  HAYMES said  he is  not aware  of a  total number;  he knows                                                               
Alberta is  considering a change  to its  oil tax structure.   He                                                               
offered to follow up on her question.                                                                                           
                                                                                                                                
10:08:36 AM                                                                                                                   
                                                                                                                                
CHAIR GATTO thanked Mr. Haymes for his presentation.                                                                            
                                                                                                                                
10:09:19 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 10:09 a.m. to 10:21 a.m.                                                                     
                                                                                                                                
10:22:21 AM                                                                                                                   
                                                                                                                                
MARK   HANLEY,  Public   Affairs   Manager,  Anadarko   Petroleum                                                               
Corporation, told  members his goal  is to educate  the committee                                                               
on what  drives companies' decision  making processes so  that it                                                               
can  better develop  its  policy.   He  said  he  believes it  is                                                               
important to  review parts  of the  original bill  because people                                                               
are considering whether to include them.                                                                                        
                                                                                                                                
[MR.  HANLEY   used  a  slide   presentation  to   accompany  his                                                               
discussion.]                                                                                                                    
                                                                                                                                
MR.  HANLEY explained  that Anadarko  is  an independent  company                                                               
that explores  for and produces  gas around  the world.   It does                                                               
not own  pipelines, refineries,  or gas stations.   Its  focus is                                                               
the upstream.   He said Anadarko  has been in Alaska  a number of                                                               
years.   It owns  22 percent  of the  Alpine field,  which Conoco                                                               
Phillips operates.   He  noted it  owns no  interest in  the gray                                                               
areas on the  map.  The brown  and pink areas are  areas in which                                                               
Anadarko has  an interest but is  not the operator.   In general,                                                               
Conoco  Phillips operated  acreage runs  from Alpine  to National                                                               
Petroleum Reserve-Alaska  (NPR-A).   Anadarko is  a partner  in a                                                               
majority of  the wells  in NPR-A.   The  lighter brown  areas are                                                               
acreage that  Anadarko has an interest  in.  Its partners  in the                                                               
Foothills  are PetroCanada  and BG.   Its  partners on  the North                                                               
Slope are BG and ASRC (Arctic Slope Regional Corporation).                                                                      
                                                                                                                                
10:26:26 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  asked  that   the  68th  parallel  be                                                               
identified on the map.                                                                                                          
                                                                                                                                
MR. HANLEY  said it  is not  indicated on  this map;  however the                                                               
Foothills area  is shown.   He said the point  of the maps  is to                                                               
show  Anadarko's significant  acreage position  and prospects  in                                                               
multiple places.                                                                                                                
                                                                                                                                
10:27:34 AM                                                                                                                   
                                                                                                                                
MR. HANLEY  stated that, as  a partnership  corporation, Anadarko                                                               
is  associated with  ConocoPhillips, PetroCanada,  BG, ASRC,  and                                                               
Pioneer  and  has  partnered  with  BP and  Exxon  in  the  past.                                                               
Partnerships are  typical because  areas far  from infrastructure                                                               
are  high  risk with  potentially  high  reward plays,  and  thus                                                               
there's  the desire  to reduce  the risk.   He  pointed out  that                                                               
Anadarko and Conoco Phillips relinquished  about 300,000 acres in                                                               
NPR-A  recently so  its acreage  equals about  4.9 million  gross                                                               
acres and 1.4 million net acres.                                                                                                
                                                                                                                                
10:28:18 AM                                                                                                                   
                                                                                                                                
MR. HANLEY pointed  out that Anadarko spent over  $100 million on                                                               
lease  bonuses  and  drilling  costs  on  the  acreage  that  was                                                               
relinquished.  He  said it is important to keep  in mind the rate                                                               
of return must cover a  company's losses and be commensurate with                                                               
the  rate of  risk.   Models  that only  show  profit margins  on                                                               
discoveries do not  take into consideration that risk.   He noted                                                               
if one  always takes  it from  a success  case forward,  one will                                                               
assume  the company  is making  too much  money.   He said  it is                                                               
important to ask consultants where  the risk is included in their                                                               
models.                                                                                                                         
                                                                                                                                
10:31:47 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  asked  if the  industry  average  for                                                               
producing wells is one in ten.                                                                                                  
                                                                                                                                
MR. HANLEY said he has seen  numbers all over the board and those                                                               
numbers can depend  on whether it is true  exploration outside or                                                               
in-field  drilling.   He said  with new  technology, gas  and oil                                                               
will be found more often but  whether or not a well is commercial                                                               
is the question.                                                                                                                
                                                                                                                                
10:32:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  said Mr. Hanley is  asking Alaskans to                                                               
consider what their fair share is  as they look at billion dollar                                                               
profits for some  companies.  She said she would  like to include                                                               
tangible statistics to  provide a rationale in  her newsletter if                                                               
she is to support Mr. Hanley's statement.                                                                                       
                                                                                                                                
10:33:16 AM                                                                                                                   
                                                                                                                                
MR. HANLEY  said he believed  the Department might  have industry                                                               
numbers;  at  this point  he  could  only  provide a  number  for                                                               
Anadarko.    He  said  Anadarko   has  participated  in  over  40                                                               
exploration  wells and  has had  some discoveries  but, to  date,                                                               
none have  been commercial.   Each individual  field has  its own                                                               
economics but averages provide general ball park numbers.                                                                       
                                                                                                                                
10:34:51 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH said  she  would be  satisfied with  a                                                               
number for Anadarko's experience in  the North Slope that she can                                                               
include in a special session newsletter.                                                                                        
                                                                                                                                
MR. HANLEY  said he would provide  those numbers and talk  to the                                                               
Department about an average number.                                                                                             
                                                                                                                                
10:35:27 AM                                                                                                                   
                                                                                                                                
MR.  HANLEY  continued  with  his  slide  presentation.    Alaska                                                               
provides  a   world  class   petroleum  basin   with  significant                                                               
resources.   The best  place to  find oil  is where  it's already                                                               
been discovered.   Anadarko believes Alaska's  resource potential                                                               
is  significant such  that there  is "legacy-type"  prospectivity                                                               
and   a   number  of   fields   that   can  support   their   own                                                               
infrastructure, which  is Anadarko's focus.   Anadarko is looking                                                               
for the Alpine-size field.                                                                                                      
                                                                                                                                
10:37:07 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GATTO  referred  to   the  previous  question  on                                                               
success in drilling  and said if one is drilling  in Prudhoe Bay,                                                               
every  hole  in  the  ground  will produce.    He  said  previous                                                               
speakers have said that one in  eight wells produces but, if that                                                               
is true, the oil companies would  be spending a lot more money in                                                               
Prudhoe Bay and Kuparuk.  He  asked if the one in eight estimates                                                               
pertains to new exploration only.                                                                                               
                                                                                                                                
10:38:08 AM                                                                                                                   
                                                                                                                                
MR. HANLEY  thought the  in-fill drilling at  Prudhoe Bay  is not                                                               
included in those rates; they pertain to exploration drilling.                                                                  
                                                                                                                                
10:38:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH stated,  for the  purpose of  clarity,                                                               
that  the  speaker  was offering  a  one-sided,  corporate-biased                                                               
argument of  numbers in the  tax debate  that is valid  but again                                                               
asked for more accurate numbers.                                                                                                
                                                                                                                                
MR. HANLEY agreed to provide accurate numbers to the committee.                                                                 
                                                                                                                                
10:39:41 AM                                                                                                                   
                                                                                                                                
MR.  HANLEY  said  Anadarko  is   bullish  on  Alaska's  resource                                                               
potential.  New  players have entered the field in  the last four                                                               
or five years  and six new exploration rigs have  been brought to                                                               
the North  Slope this winter.   The  arrival of new  companies in                                                               
the picture  is a  healthy situation as  they provide  new ideas.                                                               
He  elaborated  on  how discoveries  by  various  entities  prove                                                               
helpful to all, and spread the risk and support the successes.                                                                  
                                                                                                                                
10:42:21 AM                                                                                                                   
                                                                                                                                
MR.  HANLEY moved  to  page  4 and  explained  the challenges  of                                                               
operating in Alaska.  Alaska's  basin is maturing, which means it                                                               
is  a smaller  prospect.   He  said it  is  valuable to  evaluate                                                               
Alaska's system to other places but:                                                                                            
                                                                                                                                
     ...if you  have a  gutter that  has 800  trillion cubic                                                                    
     feet  [TCF]   of  discovered   gas  sitting   close  to                                                                    
     tidewater with  costs that you  don't need at 800  or a                                                                    
     2500  hundred mile  pipeline to  get it  to market  and                                                                    
     their costs  are somewhat less,  they can get  a higher                                                                    
     rate.  If  they had 800 TCF sitting on  the North Slope                                                                    
     right  now  I  think  you could  be  getting  a  higher                                                                    
     government take so  it's important not just  to look at                                                                    
     the average government take everywhere  but look at the                                                                    
     prospectivity.                                                                                                             
                                                                                                                                
10:43:41 AM                                                                                                                   
                                                                                                                                
MR. HANLEY continued:                                                                                                           
                                                                                                                                
     ...as  you   can  see  here,   this  is  an   Econ  One                                                                    
     presentation  during PPT  from one  of the  legislative                                                                    
     consultants that was  out there.  ...One  of the things                                                                    
     I wanted  to point  out because  I think  it's valuable                                                                    
     when we talk about this  - what is the prospectivity of                                                                    
     Alaska - here is - these  numbers come from USGS but if                                                                    
     you look  at the  top it says  undiscovered technically                                                                    
     recoverable  oil  reserves.     It  is  not  gas,  it's                                                                    
     technically recoverable.  In  other words, you may have                                                                    
     a  field, oil  in place  of a  billion barrels  but you                                                                    
     can't  get 100  percent  of it  out so  this  is the  -                                                                    
     technically  - they  may have  a 50  percent -  I don't                                                                    
     know what  their numbers use  but it's what  they think                                                                    
     is  technically  recoverable.   It  doesn't  mean  it's                                                                    
     economically  recoverable.    That's why  it  says  the                                                                    
     footnote  at  the bottom.    This  is their  slide  but                                                                    
     what's  interesting  is  we're   just  looking  at  the                                                                    
     central  North  Slope  - that's  not  [Arctic  National                                                                    
     Wildlife Refuge] ANWR, that's  not offshore and you can                                                                    
     see  that  they  think  there's 4  billion  barrels  of                                                                    
     technically recoverable  remaining reserves so  I think                                                                    
     that's a  significant amount that's sitting  out there.                                                                    
     That's not  in-field, that's not  the heavy oil.   It's                                                                    
     already kind  of sitting  there.  This  is kind  of the                                                                    
     exploration oil that's out there.                                                                                          
                                                                                                                                
     But  look  at the  amount  in  fields that's  over  one                                                                    
     billion barrels -  zero.  Look at the  amount of fields                                                                    
     over  500 million  barrels  - 2  percent.   That's  the                                                                    
     anchor fields  that I guess  you'd say we  were looking                                                                    
     at - the  4 to 500 million barrel fields.   Look at the                                                                    
     amount in fields  smaller than 64 million  barrels - 51                                                                    
     percent.  So, I think this  helps put a little bit into                                                                    
     perspective why we  think there's significant remaining                                                                    
     resource.   They tend  to be in  smaller fields.   They                                                                    
     tend to  be in  what we would  consider the  64 million                                                                    
     barrel satellite opportunities.   The 64 million barrel                                                                    
     field will  not justify its own  stand alone facilities                                                                    
     typically.   So, if you're  not within about -  give or                                                                    
     take -  8 or  10 miles  of an  existing infrastructure,                                                                    
     you could  have a 60  million barrel field  that's just                                                                    
     not economic.   That's why I say it's  important to put                                                                    
     numbers  into  perspective.    While  we  do  like  the                                                                    
     prospectivity,  we  do  think  there's  some  of  these                                                                    
     amounts  over  200  million  barrels  -  it  isn't  the                                                                    
     billion  barrel  fields  that are  sitting  out  there.                                                                    
     This is just a size distribution of the fields.                                                                            
                                                                                                                                
     But here's one  of the other things that I  like to use                                                                    
     this  slide to  point out,  is the  economic impact  of                                                                    
     either  price or,  if  you  want to  look  at  it in  a                                                                    
     different way  you can say taxes.   We think taxes  - I                                                                    
     think you've  heard a lot  of time  that prospectivity,                                                                    
     risk,  but  price  factors,   volume  factors  and  tax                                                                    
     factors all  have an impact  on economic  decisions for                                                                    
     companies   and   how   they  make   their   investment                                                                    
     decisions.  If you look here  you can see that in rough                                                                    
     numbers this  is the same  North Slope -  central North                                                                    
     Slope  reserves that  were 4  billion total  potential,                                                                    
     you can see  a different oil price is what  they say is                                                                    
     economically recoverable.   This is  a model.   This is                                                                    
     why it's hard for a lot of  us to come up here and tell                                                                    
     you  exactly what's  going to  impact specific  issues.                                                                    
     We have to look at our  own fields.  But this gives you                                                                    
     an idea  that there is some  relationship between price                                                                    
     and the number of economically recoverable reserves.                                                                       
                                                                                                                                
     I just want  to leave people with the fact  that if you                                                                    
     get another  billion dollars of  taxes, it's not  a lot                                                                    
     different from our  perspective as if we  got a billion                                                                    
     dollars less on those barrels  of revenue.  And you can                                                                    
     see  that if  you took  $3 a  barrel, which  is roughly                                                                    
     $800  million  dollars of  new  taxes  on the  existing                                                                    
     production level we have, that  you might have a couple                                                                    
     million barrels in the central  North Slope that is not                                                                    
     economic now.   Do they point out exactly  where it is?                                                                    
     No, this is more theoretical  or estimated models but I                                                                    
     do think it's important to  point out that there is, to                                                                    
     the  extent that  you have  a dollar  impact from  your                                                                    
     taxes,  it  does  impact  the  amount  of  economically                                                                    
     recoverable  reserves.   I can  provide a  copy of  the                                                                    
     whole  report.    I  have  in the  past.    This  is  a                                                                    
     legislative consultant report so  you can see the whole                                                                    
     thing.                                                                                                                     
                                                                                                                                
     So again,  when we got  to the point of  - we do  see a                                                                    
     lot  of  resource  potential  but it  tends  to  be  in                                                                    
     smaller  fields.    We're  looking  for  those  smaller                                                                    
     numbers  of anchor-type  facilities but  the challenges                                                                    
     that  Alaska faces  are the  high costs,  the extremely                                                                    
     long lead  time exploration, which is  partly driven by                                                                    
     the seasonal drilling.  Part  of it is the cards you're                                                                    
     dealt.   We're  out there  not drilling  in the  summer                                                                    
     time and  when there's sensitive activities  out there.                                                                    
     For  us, being  able to  drill for  four months  of the                                                                    
     year compared to  other places, it does  take longer to                                                                    
     explore  for and  develop oil  and gas  in Alaska  than                                                                    
     almost anywhere else in the world where we operate.                                                                        
                                                                                                                                
10:48:40 AM                                                                                                                   
                                                                                                                                
MR. HANLEY continued with page 4 of the committee hand out                                                                      
entitled:    "Seasonal    drilling    and    regulatory    timing                                                               
requirements".  He told committee members:                                                                                      
                                                                                                                                
     You  can imagine,  if we  have the  same prospectivity,                                                                    
     the net present  value, which you've heard,  if we have                                                                    
     our money tied  up for an extra four  years here versus                                                                    
     somewhere   else  and   they're  the   same  kinds   of                                                                    
     investment decisions,  it's a  challenge.   That's why,                                                                    
     to be  honest with you,  the PPT  system - and  I'll go                                                                    
     into this a  little more, but the  net profits approach                                                                    
     system is so  valuable in our opinion.  One  of the big                                                                    
     challenges  of Alaska  is the  timeframe to  get things                                                                    
     into market.   The amount of time your  capital is tied                                                                    
     up is  longer here.   What it's amounted to  is through                                                                    
     those  incentives, through  those credits,  effectively                                                                    
     it's reduced  our costs.  Now  we pay more in  the back                                                                    
     end.  The  tax rate is higher than it  would be under a                                                                    
     gross  system, for  example,  but  effectively we  have                                                                    
     less money up front, which  means that really does help                                                                    
     our  net  present  value analysis  so  that's  why  the                                                                    
     system -  and I  think you've heard  the Administration                                                                    
     talk  about if  you had  a gross  that raises  the same                                                                    
     amount  of  money  -  how  does  it  affect  investment                                                                    
     decisions.   Those  charts were  very  valuable and  we                                                                    
     agree with those because you  can raise the same amount                                                                    
     of  money but  you  actually improve  through a  system                                                                    
     like PPT  your chances of companies  actually investing                                                                    
     up  here  because it  improves  our  net present  value                                                                    
     while you get  the same amount of money.   That, to us,                                                                    
     is  one of  the real  benefits of  the system  that has                                                                    
     been  developed and  we would  encourage  that it  stay                                                                    
     with the  net profits  approach, and  I'll go  a little                                                                    
     bit more into that.                                                                                                        
                                                                                                                                
10:50:52 AM                                                                                                                   
                                                                                                                                
MR. HANLEY  called attention  to page 5,  entitled, "Our  View of                                                               
PPT Recap of  2006 Testimony," and said it was  a significant tax                                                               
increase on existing  fields.  Anadarko was paying on  net but it                                                               
wasn't  able to  utilize  the credits  and  deductions that  were                                                               
generated  from  building  that  facility.    Anadarko  felt  its                                                               
exploration  economics improved  slightly under  the new  program                                                               
but that  applied to a new  field it has not  started drilling in                                                               
yet because it will get the credits and deductions.                                                                             
                                                                                                                                
10:52:12 AM                                                                                                                   
                                                                                                                                
MR. HANLEY stated that Anadarko  supports a net profits approach.                                                               
Anadarko staff  met with the  Administration in May and  June and                                                               
provided  its ideas  on net  versus gross.   It  had no  specific                                                               
proposals but had valuable discussions  about why keeping the net                                                               
profits  approach  is  beneficial  for the  industry  and  state.                                                               
Anadarko appreciates  the fact  that the  state retained  the net                                                               
profits approach.  He explained  that Page 6 contains four bullet                                                               
points, 3 on why this is a good  approach.  With a gross tax, one                                                               
could still pay taxes if costs exceed income.                                                                                   
                                                                                                                                
10:53:16 AM                                                                                                                   
                                                                                                                                
MR. HANLEY  presented a gross  versus net  tax example on  page 7                                                               
and explained  how it works  per barrel price.   If, at  Field A,                                                               
the cost per barrel is $10 and  net income is $50 per barrel, and                                                               
at Field B the  cost to produce is $20 and net  income is $40 per                                                               
barrel,  a  15 percent  gross  tax  will  be  $9 on  each  field.                                                               
However, the  tax rate on  the net income  will be 18  percent on                                                               
Field A  and 22.5 percent on  Field B.   If a 20 percent  net tax                                                               
was in place, Field A would pay  $10 in taxes while Field B would                                                               
pay $8.  This illustrates that  the net system takes into account                                                               
costs.  A  gross system does not maximize  state revenues because                                                               
some fields will  be under taxed while others  will be overtaxed.                                                               
There is  a tipping  point; taxing  a very  economic field,  on a                                                               
gross  basis,  will  cause  other  less  economic  fields  to  be                                                               
overtaxed.                                                                                                                      
                                                                                                                                
10:56:07 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GUTTENBERG  said this scenario has  been presented                                                               
by all of the companies, but the  state must come up with a model                                                               
to  fit  all  of  the   companies'  business  plans.    He  said,                                                               
regardless  of what  the state  does, it  will not  be completely                                                               
fair.   He asked Mr.  Hanley how he  proposes the state  strike a                                                               
balance between the large and small companies.                                                                                  
                                                                                                                                
10:57:02 AM                                                                                                                   
                                                                                                                                
MR. HANLEY  said providing a  net system should provide  the best                                                               
opportunity to create a balance  and provide maximum revenue.  He                                                               
agreed that no  system is perfect.  He elaborated  that the state                                                               
system, with  the PPT,  will also  have a  gross system  when the                                                               
royalties and property  taxes are accounted for.   The net system                                                               
does the  best job of  balancing the  higher costs of  new fields                                                               
with  the  lower  costs  of older  fields  and  incorporates  the                                                               
variable costs involved in exploration and development.                                                                         
                                                                                                                                
10:58:41 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  said  if the  state  takes  operating                                                               
costs off of  the table that will compensate  everyone across the                                                               
board.                                                                                                                          
                                                                                                                                
MR.  HANLEY admitted  that does  sound  plausible.   Costs are  a                                                               
factor  and  the  net  system  accounts  for  that,  which  is  a                                                               
positive.                                                                                                                       
                                                                                                                                
10:59:30 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  asked  how Anadarko's  costs  compare                                                               
with other members of the industry.                                                                                             
                                                                                                                                
MR. HANLEY said industry groups  publish standard models of costs                                                               
around the world so rough comparisons could be made.                                                                            
                                                                                                                                
11:00:42 AM                                                                                                                   
                                                                                                                                
MR. HANLEY  continued with  page 8, which  pertained to  the ACES                                                               
model.   The original  ACES proposal  would impose  a significant                                                               
tax rate increase; the tax rate  increase from 22.5 to 25 percent                                                               
would have the  biggest impact.  The  progressivity change, which                                                               
Anadarko feels in  an increase and elimination  of the transition                                                               
investment  credits,  would  also significantly  impact  Anadarko                                                               
because  of the  investments it  has made.   Anadarko  and Conoco                                                               
Phillips  invested   hundreds  of  millions  of   dollars  for  a                                                               
satellite operation a year before  the PPT took effect.  Anadarko                                                               
made its decision  based on the aggregation decision  made by the                                                               
governor earlier.  Because of  the tax change, Anadarko could not                                                               
get any tax credits for that project, which was a big hit.                                                                      
                                                                                                                                
11:03:39 AM                                                                                                                   
                                                                                                                                
MR.  HANLEY continued  with page  8, and  said the  second bullet                                                               
point   about  stability   comes   into  play   because  of   the                                                               
negotiations that will be forthcoming on  the gas issue.  He said                                                               
in his  view, everyone will be  back within two years  to discuss                                                               
gas taxes.   Assuming  one passes,  an open  season will  have to                                                               
occur within  the next  three years.   Everyone  has acknowledged                                                               
that the  state has to  know what the tax  rate is on  gas before                                                               
the open season occurs.   He said many consultants have testified                                                               
that gas  is less valuable  than oil  so should have  a different                                                               
tax  structure.    He  said  he  can  argue  to  management  that                                                               
stability will  be provided, however  if a  gas tax is  opened up                                                               
two  years  from  now,  it   is  intertwined  with  oil  so  that                                                               
discussion could be reopened.   He pointed out Anadarko will have                                                               
to take that issue into  account when making investment decisions                                                               
in the next two years.                                                                                                          
                                                                                                                                
11:05:53 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH agreed  that oil and gas  taxes will be                                                               
intertwined in  the future but  separating that issue out  in the                                                               
next  two weeks  of  this  special session  so  that  an oil  tax                                                               
structure will  not have to be  exposed to changes may  not prove                                                               
possible.   She  said the  credits seem  to be  causing the  most                                                               
discussion.  She  has talked to the  Administration and committee                                                               
members  about creating  oil  production  stability but  repeated                                                               
that two weeks  is probably not enough time in  which to separate                                                               
the two but the concern has been recognized.                                                                                    
                                                                                                                                
11:07:28 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE WILSON asked if oil  and gas taxes are treated the                                                               
same anywhere in the world.                                                                                                     
                                                                                                                                
MR. HANLEY  said he  suspects so and  offered to  investigate the                                                               
answer.                                                                                                                         
                                                                                                                                
11:08:20 AM                                                                                                                   
                                                                                                                                
MR. HANLEY  emphasized that stability  will be considered  but it                                                               
is  not the  primary driver.    He pointed  out it  is unfair  to                                                               
require new legislators in two years  to live by what was done by                                                               
this legislature, especially since a  lot of new information will                                                               
be available.                                                                                                                   
                                                                                                                                
11:09:04 AM                                                                                                                   
                                                                                                                                
MR. HANLEY described  the chart on page  9, "Administration Field                                                               
Economics  Estimates."   He  explained that  on  the four  fields                                                               
modeled  by  the   Administration,  the  economics  significantly                                                               
decrease.   The  Administration  could argue  that  the value  is                                                               
still  high  enough to  make  the  fields  economic, but  a  $700                                                               
million increase  in revenue,  based on a  $2.50 increase  in the                                                               
price per barrel on today's  production, is not insignificant.  A                                                               
decrease of  the net present cash  flow of a field  by 54 percent                                                               
is significant.  He told members  it is important that the models                                                               
incorporate  geologic  and  commercial risks,  particularly  when                                                               
looking at exploration economics.                                                                                               
                                                                                                                                
11:10:53 AM                                                                                                                   
                                                                                                                                
MR. HANLEY finished  with page 10, and  summarized three comments                                                               
on the  Oil and  Gas Committee  version of  CSHB 2001.   Anadarko                                                               
would prefer  to have a progressive  tax applied to net  income -                                                               
it  supports  the  trigger as  it  was  in  the  ACES plan.    He                                                               
explained:                                                                                                                      
                                                                                                                                
     We can  debate the dollar -  the rate, but as  a policy                                                                    
     we think  applying a tax  actually, whatever it  is, to                                                                    
     the  net makes  more sense  because it  does take  into                                                                    
     account costs.  So, as I  showed you on that one slide,                                                                    
     obviously if  your goal is  to get a certain  amount of                                                                    
     revenue,  then  under this  proposal  I  guess I  would                                                                    
     argue you should apply it  to the net, whatever the tax                                                                    
     rate is,  and, of course,  if you're trying to  get the                                                                    
     same  amount   I  will   acknowledge  that   that  .225                                                                    
     escalator will  have to be  higher because it's  on the                                                                    
     net.   As I showed in  that one slide, you're  going to                                                                    
     have a higher  rate and apply it to the  net - at least                                                                    
     it will take  into account the costs.   The higher cost                                                                    
     fields will have  those considered.  So,  that's one of                                                                    
     the things I suggest you would  at least take a look at                                                                    
     -  is if  you  want to  have that  $50  trigger on  the                                                                    
     wellhead price,  at least figure out  the progressivity                                                                    
     and apply it to the net income.                                                                                            
                                                                                                                                
11:12:30 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON said  Mr. Hanley's  analysis is  in direct                                                               
opposition  to  previous  testimony, which  preferred  a  trigger                                                               
point driven  by the  net.  In  previous testimony,  the speakers                                                               
said they wanted to make sure  the trigger point was triggered by                                                               
the net so that it included the profitability margin.  He asked:                                                                
                                                                                                                                
     I'm hearing  you say  that you don't  care -  well, you                                                                    
     probably care  but you care  more about applying  it to                                                                    
     this  increase -  this progressivity  tax considered  a                                                                    
     separate tax -  applying it to the costs  of the state,                                                                    
     picks  up additional  portions of  the cost  that those                                                                    
     high prices, instead  of making sure that  you've got a                                                                    
     profitable  margin on  the field  before progressivity,                                                                    
     kicks in.  Is that where  you're meaning to come in the                                                                    
     testimony here?                                                                                                            
                                                                                                                                
MR. HANLEY  said the  answer is yes,  however either  approach is                                                               
workable.   He said something  must be  changed so that  at least                                                               
one of  the factors  goes back  to the  net.   Anadarko Petroleum                                                               
Corporation would  prefer to go  with the original ACES  plan, he                                                               
related.  If  that is not possible, then either  apply the tax to                                                               
the net,  which would help  account for costs  or use the  net as                                                               
the progressivity feature.   Either one would help  more than the                                                               
existing bill.                                                                                                                  
                                                                                                                                
11:14:30 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  followed up  by stating  that the  risk to                                                               
the state  has not been  established.   If the state  applies the                                                               
progressivity  times  the   net,  it  will  be   sharing  in  the                                                               
additional costs even  at high prices.  His concern  is that when                                                               
the upper regions of progressivity are  reached, it will be at 25                                                               
percent in all of the bills.  He explained:                                                                                     
                                                                                                                                
     In all  of the bills  there's a 25 percent  maximum cap                                                                    
     so  that  we would  actually  be  participating in  the                                                                    
     costs with additional 25 percent  of the costs we would                                                                    
     be absorbing at those high  prices, so that would be 25                                                                    
     percent gain through the  progressivity net in addition                                                                    
     to  the 22.5  or 25  percent  portion of  the cost  the                                                                    
     state is  going to pick  up.  And  then you add  on the                                                                    
     credits and those things in  addition and it seems that                                                                    
     my concern is that the  state starts taking a large net                                                                    
     present value  risk for an expensive  project - several                                                                    
     billion  dollars.   All of  a sudden  we'd be  not only                                                                    
     putting in 40  to 45 percent of the costs  but all of a                                                                    
     sudden we're  putting in 75  percent of the costs.   It                                                                    
     seems  that might  change behavior,  as well  as adding                                                                    
     risk to  the state.   Do you  understand that  the same                                                                    
     way?                                                                                                                       
                                                                                                                                
MR.  HANLEY said  he is  not sure  he understands  Representative                                                               
Seaton's  concern.   He  pointed  out this  is  not  a base  rate                                                               
change, so  that does not  affect Anadarko's increase in  the net                                                               
income but the tax rate increase  has always more than offset any                                                               
value it gets  out of the credit or deductibility.   Anadarko has                                                               
not seen  a scenario  in any  of the  proposals that  provides an                                                               
incentive to invest  a dollar because it receives  more than that                                                               
in credits elsewhere.                                                                                                           
                                                                                                                                
11:16:59 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH    asked   if    Anadarko   Petroleum                                                               
Corporation is  advocating ACES versus  the former PPT on  the 20                                                               
percent progressivity rate  instead of 25 percent  with the lower                                                               
start price of $30 per barrel in ACES.                                                                                          
                                                                                                                                
MR. HANLEY said  Anadarko's number one preference  is to maintain                                                               
the PPT.  He furthered:                                                                                                         
                                                                                                                                
     The approach versus the dollars  - we still support the                                                                    
     PPT and the  ACES approach, which is  calculated on the                                                                    
     net and applied to the net.   So that approach, in both                                                                    
     PPT  and  ACES, is  our  preference.    If you  ask  us                                                                    
     specifically, when we  get into the policy  call on the                                                                    
     dollars, our  preference is to  stay with  the existing                                                                    
     PPT.   It starts  higher.  It  escalates faster.   What                                                                    
     you find  is just the  numbers actually cross  at about                                                                    
     $80 a  barrel net.   At that  point, we  haven't gotten                                                                    
     into the  annualized versus monthly, but  just with the                                                                    
     progressivity itself, ACES versus  PPT - they basically                                                                    
     cross at  80 so  the state is  actually taking  more at                                                                    
     the  lower  end  and  less  at the  higher  end.    Our                                                                    
     preference  would be  to stick  with the  PPT and  ACES                                                                    
     approach, figure  it on the  net, apply it to  the net,                                                                    
     and  our preference  would  be to  stick  with the  PPT                                                                    
     policy, which started at 40, progressive .225.                                                                             
                                                                                                                                
11:19:10 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH noted  the  approaches have  different                                                               
curves and thanked him for the clarification.                                                                                   
                                                                                                                                
11:19:24 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE ROSES said two consultants  told House Oil and Gas                                                               
Committee members  the same  thing -  the state  needs to  try to                                                               
capture more when profits and  prices are much higher and capture                                                               
less  when   they  are  lower   to  encourage  investment.     He                                                               
understands that is  the reason why the committee  dropped the 10                                                               
percent floor.   It was also  the reason the committee  moved the                                                               
trigger point from  $30 and $40 to  $50 and for going  to a gross                                                               
progressivity as  opposed to a  net progressivity to  capture the                                                               
dollars  on the  higher  end.   He  then said  he  now hears  the                                                               
different producers  say they want  net here and there  but, when                                                               
it comes to  credits, they want gross.  He  said he is struggling                                                               
with  the  consultants' testimony  with  how  the companies  keep                                                               
picking this  and that.   He asked Mr.  Hanley to talk  about the                                                               
committee's flawed thinking  in dropping the floor  to 10 percent                                                               
to encourage investment.                                                                                                        
                                                                                                                                
MR. HANLEY said he  did not see inputs into the  model but the 50                                                               
is now a wellhead price, not a  net price.  If one compares that,                                                               
it didn't  actually increase  from the $40  in the  existing PPT.                                                               
If costs are over $10 per  barrel, it would actually start lower.                                                               
He furthered:                                                                                                                   
                                                                                                                                
     When you talk about the  consultants, if that was their                                                                    
     view that  you should leave  some on the table,  to the                                                                    
     extent that  the costs  considered in  that calculation                                                                    
     were $15 or  $20 per barrel, I've  heard those numbers.                                                                    
     I don't know what they were  then.  The 50 equated to a                                                                    
     net is more like - if it were  15 that would be a 35 so                                                                    
     it's actually -  you know, you are taking  more in your                                                                    
     view  starting at  a lower  price, which  is what  - at                                                                    
     least  your comments  were the  consultant said  not to                                                                    
     do.   How that compares, you  can get the guys  to tell                                                                    
     you what the numbers are.   And then I would just argue                                                                    
     that  applying  it  to   the  gross  is  differentially                                                                    
     affecting companies  with higher costs to  lower costs.                                                                    
     You  are  leaving  something  on the  table.    If  the                                                                    
     escalator is  the correct number, then  some fields are                                                                    
     paying  less  than  they should  be  paying  and  other                                                                    
     companies  are paying  more  because  they have  higher                                                                    
     cost fields.   So those  are the two criticisms  I have                                                                    
     of the Oil and Gas [Committee] version.                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  said  committee members  have  heard  each                                                               
producer say  that does  include a scenario  in which  they could                                                               
pay  taxes when  they  don't have  a  profit.   He  asked if  the                                                               
progressivity trigger,  which was  changed from  $30 in  the ACES                                                               
bill to  $50 in the House  Oil and Gas Committee  bill, will have                                                               
to  increase costs  by $20  per barrel  above the  existing costs                                                               
before that scenario would happen.                                                                                              
                                                                                                                                
11:23:36 AM                                                                                                                   
                                                                                                                                
MR. HANLEY said he would have  to do the calculations on paper to                                                               
determine whether costs would have to increase $20 per barrel.                                                                  
                                                                                                                                
REPRESENTATIVE ROSES surmised that  Anadarko's concern is that as                                                               
prices continue to  rise, it will be  taxed through progressivity                                                               
when there  is no profit.   Therefore, the higher the  taxes, the                                                               
higher the  deductions at the base  level.  For instance,  at the                                                               
22.5 base  rate, and allowing  companies to deduct  operating and                                                               
capital expenses and  credits, the taxes will  be reduced because                                                               
of the higher costs.  He said he  does not see it as a flat line.                                                               
It  will  be  a  long  way   before  the  point  to  where  gross                                                               
progressivity will  tax when  there is  no profit.   He  added he                                                               
would like to  see someone run the numbers because  he thinks the                                                               
curve is a lot more significant than people think.                                                                              
                                                                                                                                
MR.  HANLEY offered  to do  the  number crunching  to answer  the                                                               
Representative's question but  thought unique circumstances would                                                               
have to  occur for  that to happen.   He said  if an  oil company                                                               
gets a  lease today, it will  need to do seismic  and development                                                               
work,  which can  easily take  ten years,  while not  knowing the                                                               
price of oil in ten years.                                                                                                      
                                                                                                                                
11:27:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE ROSES  offered that  if oil  were $30  per barrel,                                                               
the  committee would  not be  meeting today,  despite the  other,                                                               
various reasons that have been offered for this special session.                                                                
                                                                                                                                
     He noted:  The fact  is we're  here because  the prices                                                                    
     are high  and I can  guarantee if the prices  fall back                                                                    
     to $30  a barrel, we'll  be back discussing  it because                                                                    
     we don't  want the  oil companies to  leave.   So, what                                                                    
     triggers us  to be here  for the high price  would also                                                                    
     trigger us to be back if  the prices tank.  So, I'm not                                                                    
     as  concerned  about  predicting what  the  prices  are                                                                    
     going to be in 10  years because we'll probably discuss                                                                    
     this two or three more times between now and then.                                                                         
                                                                                                                                
MR.  HANLEY  said  the progressivity  feature  does  create  some                                                               
stability  in the  system because  it takes  into account  things                                                               
that  cannot  be  predicted.    He thought  that  because  it  is                                                               
increasing and  the state is  getting more revenue at  higher oil                                                               
prices, everyone  is less likely  to be back because  people will                                                               
feel like they are getting their fair share.                                                                                    
                                                                                                                                
11:29:37 AM                                                                                                                   
                                                                                                                                
CHAIR  GATTO   felt  progressivity  could  be   the  single  most                                                               
important aspect  of the bill.   He said  no one involved  in oil                                                               
production  and  profits is  saying  they  need  a break.    Some                                                               
individuals have suggested that at  $120, the state should get it                                                               
all.   He said everyone  must find a  compromise so that  all are                                                               
content with the product.                                                                                                       
                                                                                                                                
11:30:38 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON asked  if Anadarko  feels the  22.5 or  25                                                               
percent  deductibility  plus  the 20  percent  investment  credit                                                               
provides enough of an incentive to  make a field go or whether it                                                               
feels the state should take a greater share of those costs.                                                                     
                                                                                                                                
MR. HANLEY referred  to 2006 testimony about the  PPT that looked                                                               
at internal rates of return  for satellite versus an anchor field                                                               
project.   He compared  the 20:20  to the  20:25 and  ELF system.                                                               
Anadarko's view was  that the 20:20 was the  most encouraging and                                                               
that the  25:20 was  worse for exploration  and the  existing ELF                                                               
system.  He  said ELF was a  regressive system so that  it took a                                                               
significant amount of money when prices were low.  He added:                                                                    
                                                                                                                                
     What happened was  we gave up some of the  upside.  The                                                                    
     PPT as  it exists with  the tax  rate, as well  as with                                                                    
     the progressivity,  particularly crossed that  line for                                                                    
     the ELF - compared to ELF.   The companies got the high                                                                    
     end on the  ELF and gave up something on  the low end -                                                                    
     we  would argue  overtaxed when  prices were  real low.                                                                    
     All the  PPT did was shift  that line so the  state got                                                                    
     more of  the upside but  did take some of  the downside                                                                    
     risk and I think that's what  people said.  If you take                                                                    
     away the downside  and take away the upside  it's not a                                                                    
     good system.  We argued  that we had some downside risk                                                                    
     protection under  the new system.   We gave up  some of                                                                    
     the upside  but the prices  were higher.  That  kind of                                                                    
     helped offset  that so that  overall it was  a balance.                                                                    
     So,  when you  ask me,  as we  started getting  up into                                                                    
     those 25  percent tax rates,  overall our view  was not                                                                    
     as  favorable  to  exploration  as  even  the  old  ELF                                                                    
     system.                                                                                                                    
                                                                                                                                
11:34:02 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON said all comparisons  to ELF need to be off                                                               
the table  at this  time because the  reason for  that discussion                                                               
was that Kuparuk, the second  largest field in the United States,                                                               
was going to be  paying no tax.  That system  had been broken and                                                               
outdated for some  time.  He said he is  wondering what amount of                                                               
state incentive  is reasonable for development  activities Slope-                                                               
wide.   He  also asked  whether the  extra 10  or 30  percent EIC                                                               
provides adequate incentive when Anadarko is making decisions.                                                                  
                                                                                                                                
MR. HANLEY said  the current system works  for Anadarko Petroleum                                                               
Corporation, which  is focused on  exploration.  He  cannot speak                                                               
to  heavy oil  or  infield drilling.   He  emphasized  it is  not                                                               
adequate for gas.                                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON asked if Anadarko  is supportive of the EIC                                                               
as it came in the original ACES bill.                                                                                           
                                                                                                                                
MR.  HANLEY  said he  could  spend  a  couple  of hours  on  that                                                               
question.   He stated  there are  many small  things in  the bill                                                               
that don't rise  to the level of the big  policy calls for either                                                               
side, but  they do have an  impact.  He said  overall the benefit                                                               
in the  bill was extending the  time frame under which  one could                                                               
drill and get the EIC credits.   Now a company can probably drill                                                               
a  second season  and  get  those credits,  which  is a  positive                                                               
thing.  However,  all of the other things in  ACES that relate to                                                               
that  are  negatives.    As  an  example,  he  pointed  out  that                                                               
suspended wells were excluded from EIC  credits.  He was not sure                                                               
what the rationale was behind  that exclusion.  He explained some                                                               
of the difficulties  of getting EIC credits for  an existing well                                                               
because  of  the   wide  discretion  the  state   would  have  in                                                               
determining  "existing."     He  said  Anadarko   does  not  mind                                                               
providing more information, but  the qualifier for receiving that                                                               
credit is unclear.   He offered other examples of  points in ACES                                                               
that are  confusing or do not  indicate good rationale.   He said                                                               
the flat  out prohibition on requesting  extended confidentiality                                                               
is problematic  because sometimes unexplored acreage  exists near                                                               
leased acreage.   Anadarko might want to lease  the unleased area                                                               
but  would  want  to   keep  drilling  information  confidential,                                                               
otherwise the state  could say it wants to lease  the acreage for                                                               
more.   He said the  system works  as is so  he is not  sure what                                                               
problem will be solved.                                                                                                         
                                                                                                                                
11:45:56 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON said  the legislature  is trying  to fully                                                               
consider all  of those issues so  he hopes whatever passes  is in                                                               
place for quite awhile.  He  said when PPT was being established,                                                               
he recalled,  the legislature  was looking  for an  expedited way                                                               
for explorers to turn transferable  credits in through the Alaska                                                               
Retirement  Board  with  92  percent  on  the  table.    Anadarko                                                               
Petroleum Corporation  supported that  concept at  the time.   He                                                               
asked whether  Anadarko still  supports an  expedited way  to get                                                               
the credits back by including that provision.                                                                                   
                                                                                                                                
11:47:53 AM                                                                                                                   
                                                                                                                                
MR.  HANLEY  said  the short  answer  is  yes  but  it is  not  a                                                               
particular  issue  for  Anadarko  because it  has  production  at                                                               
Alpine against  which it can  take most of its  existing credits.                                                               
He said  it is more  of a level playing  field issue for  some of                                                               
Anadarko's  partners.   He  pointed  out the  House  Oil and  Gas                                                               
Committee version of  the bill did not address  the net operating                                                               
loss and he believes the two should be matched.                                                                                 
                                                                                                                                
11:49:57 AM                                                                                                                   
                                                                                                                                
CHAIR GATTO  said the  ACES bill  is one  of broad  public policy                                                               
that  is being  addressed  in a  30 day  session,  which will  be                                                               
followed by  a 90  day session.   He said  no doubt  some details                                                               
will   need  to   be  discussed   later  because   of  unintended                                                               
consequences.  The legislature is  interested in fairness between                                                               
the  producers  and the  state  and  among  the producers.    The                                                               
legislature views this endeavor as  a partnership and expects the                                                               
producers  to  come  back  during   the  90  day  session  if  it                                                               
encounters an unforeseen problem.                                                                                               
                                                                                                                                
11:51:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HANLEY said  he believes  most producers  will be                                                               
reluctant  to come  back to  ask for  small changes  because they                                                               
fear the risk of reopening the issue.                                                                                           
                                                                                                                                
CHAIR GATTO  said he was  making no promises but  the legislature                                                               
might be willing to address certain problems.                                                                                   
                                                                                                                                
MR. HANLEY thanked Chair Gatto for discussing that possibility.                                                                 
                                                                                                                                
11:54:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  ROSES summarized  various  comments  that he  has                                                               
heard in the  hallways about why the House Oil  and Gas Committee                                                               
version will not work and  he would appreciate having people come                                                               
forward to discuss that because  the committee cannot continue to                                                               
debate the theoretical.                                                                                                         
                                                                                                                                
11:56:01 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON referred to  the [AS 43.55].165(e) portions                                                             
of  the nondeductible  lease expenditures.   He  asked the  other                                                               
companies if, in  the modification of Section 6 in  the L version                                                               
of  the Oil  and  Gas committee  substitute,  they would  support                                                               
adding  "violation  of law"  and  clarifying  that would  include                                                               
criminal negligence,  and removing Section 19,  which pertains to                                                               
unscheduled  maintenance.   He asked  if  Anadarko would  support                                                               
those changes.                                                                                                                  
                                                                                                                                
MR. HANLEY deferred to other  company officials to respond to his                                                               
question and said a response will be provided to the committee.                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON offered  to get  Mr. Hanley  a copy  of an                                                               
amendment he had drafted to that effect.                                                                                        
                                                                                                                                
11:58:20 AM                                                                                                                   
                                                                                                                                
CHAIR GATTO  referred to  the 30 cent  per barrel  deduction, and                                                               
asked  if  that  is  an   appropriate  device  to  take  care  of                                                               
unscheduled maintenance.                                                                                                        
                                                                                                                                
MR. HANLEY  said it is essentially  a gross tax that  affects all                                                               
companies, whether they are doing adequate maintenance or not.                                                                  
                                                                                                                                
12:00:17 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  clarified that  various factors  came into                                                               
play when  the 30  cents per  barrel rate  was determined.   That                                                               
rate was designed to cover more than poor maintenance.                                                                          
                                                                                                                                
12:01:24 PM                                                                                                                   
                                                                                                                                
CHAIR  GATTO  offered  that  the  30  cents  could  be  spent  on                                                               
maintenance  or  paid  to  the  state in  order  to  provide  the                                                               
motivation for proper maintenance.                                                                                              
                                                                                                                                
12:01:58 PM                                                                                                                   
                                                                                                                                
CHAIR GATTO announced that the  committee would recess until 1:00                                                               
p.m.                                                                                                                            
                                                                                                                                
1:08:00 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO  reconvened  the   hearing  and  introduced  Marilyn                                                               
Crockett and Tom Williams, Alaska Oil and Gas Association.                                                                      
                                                                                                                                
1:08:46 PM                                                                                                                    
                                                                                                                                
MARILYN  CROCKETT,   Executive  Director,  Alaska  Oil   and  Gas                                                               
Association (AOGA), informed members  that AOGA had distributed a                                                               
handout  to accompany  her presentation.    She informed  members                                                               
that  AOGA  is a  private,  non-profit  trade association.    The                                                               
members of  AOGA represent the  producers, explorers who  hope to                                                               
be producing soon;  companies that are just starting  to test the                                                               
waters in  Alaska - Agrium,  Alyeska Pipeline, and the  three in-                                                               
state refiners.                                                                                                                 
                                                                                                                                
1:09:17 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT  pointed out that when  AOGA takes a position  on an                                                               
issue,  it requires  a  5/6  vote of  committee  members so  that                                                               
legislators and  regulators know that AOGA's  positions represent                                                               
a broad  majority of  its membership.   The association  has gone                                                               
one step  further on tax  issues.   Its tax committee  requires a                                                               
100 percent  vote or no  dissent on  issues.  She  specified that                                                               
her  testimony   today  represents   the  views  of   AOGA's  tax                                                               
committee.    She told  members  Mr.  Williams has  an  extensive                                                               
background in oil  and gas tax issues, and tax  issues in general                                                               
in the  State of Alaska.   He is an  attorney for BP and  was the                                                               
director of  the tax division  of the Department of  Revenue from                                                               
1975-1979 and then  became commissioner of that  department.  She                                                               
continued:                                                                                                                      
                                                                                                                                
     In these  roles, he was the  architect or co-architect,                                                                    
     if you  will, of many  aspects of Alaska's oil  and gas                                                                    
     revenues  that  are  still in  place  today,  from  the                                                                    
     methodologies of  determining gross versus net  - gross                                                                    
     value, excuse  me, at  the point  of production  to the                                                                    
     methodology of determining  shareable net profits under                                                                    
     the  state net  profit leases  system.   Tom wrote  the                                                                    
     regulations  that successfully  implemented the  former                                                                    
     separate  accounting  tax,  as well  as  the  statutory                                                                    
     language in  the state's present income  tax enacted on                                                                    
     the  oil   companies  in   1981  to   replace  separate                                                                    
     accounting.                                                                                                                
                                                                                                                                
     He  supervised the  first property  tax devaluation  of                                                                    
     [Trans-Alaska Pipeline  System] TAPS when it  came into                                                                    
     production  and   he  also  administered   the  state's                                                                    
     temporary  two years'  reserves tax  in 1976  and 1977,                                                                    
     some 30 years  ago.  He was also on  the original board                                                                    
     of   trustees  for   the  Permanent   Fund  and,   most                                                                    
     notoriously, Tom  became the father of  ELF in December                                                                    
     of  1976.   He  served as  vice  president and  general                                                                    
     counsel  for Cook  Inlet Region,  or  CIRI, for  almost                                                                    
     four years  before joining BP in  1987.  He is,  if you                                                                    
     will, my  tax expert.   If  I get  questions that  I am                                                                    
     unable  to answer,  and  I'm certain  there  will be  a                                                                    
     couple of them, I will  defer to Mr. Williams to answer                                                                    
     those questions.                                                                                                           
                                                                                                                                
1:12:17 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT told  members the focus of her testimony  will be on                                                               
the practical  impact of the  declining production levels  on the                                                               
industry  and state  and  on  some of  AOGA's  concerns with  the                                                               
legislation before the committee.  She continued:                                                                               
                                                                                                                                
     Last year, when the legislature  passed the PPT - we're                                                                    
     here now  a year later with  the Administration telling                                                                    
     you that  it's broken.   They say it's  too complicated                                                                    
     to  forecast, that  it isn't  bringing  in the  revenue                                                                    
     that  was  forecasted last  year  and  they don't  have                                                                    
     enough capable auditors to enforce it.                                                                                     
                                                                                                                                
     In  discussing the  merits of  the proposal  before you                                                                    
     today versus PPT and  the Administration's concerns, we                                                                    
     must always keep  our mind on the  real world situation                                                                    
     that  Alaska   faces  and   that's  the   situation  of                                                                    
     declining   production.     Production  decline   is  a                                                                    
     cornerstone of the state's economy  and - production is                                                                    
     the  cornerstone  - excuse  me  -  and the  decline  is                                                                    
     eroding  that  cornerstone.    Even  with  the  massive                                                                    
     investments  that have  been made  on the  North Slope,                                                                    
     production continues  to decline at an  average rate of                                                                    
     6  percent -  in Cook  Inlet at  an average  rate of  8                                                                    
     percent.    Without  those  investments  on  the  North                                                                    
     Slope, that  decline rate would  be on the order  of 15                                                                    
     percent so it is a significant contribution.                                                                               
                                                                                                                                
     With respect  to the future  of the North  Slope, there                                                                    
     is  going  to be  a  major  challenge for  North  Slope                                                                    
     production for  Alyeska pipeline and TAPS  when it gets                                                                    
     down  to  about 300,000  barrels  a  day.   That's  the                                                                    
     minimum  technical  capacity  that the  new  electronic                                                                    
     pumps that are being installed is capable of handling.                                                                     
                                                                                                                                
1:13:45 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  asked what action  will happen when  production gets                                                               
down to 300,000 barrels a day.                                                                                                  
                                                                                                                                
1:13:59 PM                                                                                                                    
                                                                                                                                
MS.  CROCKETT  explained  that   oil  production  is  approaching                                                               
300,000  at  a  slow  rate;  Alyeska  will  continue  to  develop                                                               
technologies and  prepare for that  declining flow rate.   It's a                                                               
very,  very  challenging problem;  a  number  of options  can  be                                                               
pursued but the difference could be  getting oil down the line to                                                               
Valdez in days - at peak production to weeks.                                                                                   
                                                                                                                                
1:14:55 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  asked if the issue  is cavitation of the  pump under                                                               
low  flows.   He  questioned why  a pump  that  can move  750,000                                                               
barrels would have trouble moving 300,000 barrels.                                                                              
                                                                                                                                
1:15:11 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT  said she could  not answer that question  but added                                                               
the terrain is not flat and that makes a difference.                                                                            
                                                                                                                                
1:15:49 PM                                                                                                                    
                                                                                                                                
TOM WILLIAMS,  Alaska Oil and  Gas Association, said  "throwing a                                                               
switch and  turning the  pipeline off" at  300,000 barrels  is an                                                               
extremely unlikely possibility.  That  amount is the threshold on                                                               
which the  new pumps  will operate.   He does  not know  that the                                                               
engineers have  come up with  solutions for an amount  lower than                                                               
that.  He  said AOGA is looking at, with  TAPS, cost structure to                                                               
move  oil to  market.   That  may change  when a  point at  which                                                               
something different must  be done.  That  could mean transporting                                                               
oil  in batches  or  heating oil  but it  will  probably be  more                                                               
costly.                                                                                                                         
                                                                                                                                
1:17:37 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  said the  legislature has  projections that  show no                                                               
change at 300,000 barrels.                                                                                                      
                                                                                                                                
1:18:03 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT said the 300,000  barrel threshold is focused on the                                                               
mechanical ability available today.  She continued:                                                                             
                                                                                                                                
     Again, recognizing that  additional work will continue,                                                                    
     especially if  the decline continues  at the  rate that                                                                    
     we're   seeing  to   ensure   that   the  pipeline   is                                                                    
     operational -  but it's a  data point that's  out there                                                                    
     as a point of reference for us.                                                                                            
                                                                                                                                
1:18:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  said  members   were  told  in  other                                                               
testimony  that  400-450,000 barrels  are  necessary  to make  it                                                               
economical,  so  that  economics,   as  well  as  mechanics,  are                                                               
involved in that decision.                                                                                                      
                                                                                                                                
1:19:09 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT referred  to a chart on page 3  of her testimony and                                                               
said  it  describes the  impact  of  different decline  rates  on                                                               
production with production [levels] starting  today.  She said at                                                               
the historical  rate of 6 percent,  it will take 15  years to get                                                               
to the 300,000 barrel  a day mark.  If the  decline rate drops to                                                               
3 percent, the time frame will be  pushed out to 30 years, so the                                                               
rate of  decline makes a  dramatic difference.  She  stressed her                                                               
chart is not a prediction; it demonstrates the impact of getting                                                                
to the 300,000 barrel a day level from the level today.                                                                         
                                                                                                                                
1:20:17 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS pointed to a footnote about the mathematical                                                                       
calculations in the graph.                                                                                                      
                                                                                                                                
1:21:02 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT said the chart demonstrates the importance of                                                                      
investment necessary to extend the decline.  She continued:                                                                     
                                                                                                                                
     And,  of course,  as  you've heard  over  the last  few                                                                    
     days, there's three categories  of investment that will                                                                    
     make a difference  in keeping that pipeline  full - one                                                                    
     is  on exploration  activities,  of course,  one is  on                                                                    
     investment and  development in  heavy oil  and bringing                                                                    
     new  fields  on-line  and,  of  course,  the  third  is                                                                    
     investments   in   the    existing   fields   and   the                                                                    
     infrastructure  to  keep  those production  rates  from                                                                    
     declining further.                                                                                                         
                                                                                                                                
     Now  you've heard  a great  deal of  testimony in  your                                                                    
     committee  and  in  other committees  focusing  on  the                                                                    
     level of  government take for  exploring in  Alaska and                                                                    
     the  competitiveness of  these  terms  relative to  the                                                                    
     regimes  elsewhere in  the  world.   This  kind of  who                                                                    
     takes  more   analysis  is  faulty  for   a  couple  of                                                                    
     fundamental  reasons.    First,  it  assumes  that  the                                                                    
     geologic  prospects  for   a  commercial  discovery  in                                                                    
     Alaska   are   comparable   to   other   regimes   and,                                                                    
     unfortunately,  that  simply  isn't true.    The  North                                                                    
     Slope has three major areas  of significant oil and gas                                                                    
     potential.    The  first is  the  existing  area  where                                                                    
     activities are occurring now,  between the Colville and                                                                    
     Canning  Rivers.    We also  have  [National  Petroleum                                                                    
     Reserve-Alaska] NPR-A,  of course, where  companies are                                                                    
     exploring  with, unfortunately,  some limited  success.                                                                    
     I'm sure  that all of  you have seen that  there's been                                                                    
     about 300,000 acres of leases  turned back recently due                                                                    
     to poor exploration results in  NPR-A but companies are                                                                    
     still exploring there so that's  the other option.  And                                                                    
     then, of  course, we have ANWR  but, as all of  you are                                                                    
     painfully  aware, the  coastal plain  of ANWR  still is                                                                    
     not open to oil and gas exploration.                                                                                       
                                                                                                                                
1:22:40 PM                                                                                                                    
                                                                                                                                
     On the  exploration front, that's certainly  one of the                                                                    
     tools in the  toolbox and it's an important  one, it is                                                                    
     the activity  that will bring  the state  production in                                                                    
     the future.  Even when  a commercial discovery is made,                                                                    
     it takes years  to bring us production on  line and the                                                                    
     challenge  for us  today  is immediate,  not  8 and  10                                                                    
     years out.   It's an important tool in  the toolbox, if                                                                    
     you  will,  but  it's  not an  immediate  fix  for  us.                                                                    
     Investment  in heavy  and  viscous  oil development  is                                                                    
     also a  solution.   It's a  mid to  long-term solution.                                                                    
     Spending is  underway, as you know,  on evaluating some                                                                    
     drilling that's  been done  on the  North Slope  in the                                                                    
     Ugnu formation  to continue  to develop  the technology                                                                    
     to  get that  heavy oil  produced but,  until then,  we                                                                    
     have the production  from West Sak to carry  us for the                                                                    
     immediate short term.                                                                                                      
                                                                                                                                
1:23:37 PM                                                                                                                    
                                                                                                                                
     So this gets  us to investment in existing  fields.  As                                                                    
     you've  heard, the  drilling that  took  place in  2006                                                                    
     resulted  in  an additional  70,000  barrels  a day  of                                                                    
     production  from the  Prudhoe  field.   If  that was  a                                                                    
     stand  alone  field, it  would  be  the fourth  largest                                                                    
     field on the North Slope.   70,000 barrels a day of new                                                                    
     production from infield drilling  is a very significant                                                                    
     contribution  to the  production  levels  that we  have                                                                    
     today and  largely result in  the smaller  decline rate                                                                    
     from 15 to 6 percent that I mentioned a moment ago.                                                                        
                                                                                                                                
1:24:15 PM                                                                                                                    
                                                                                                                                
     There are also major investments  being made and yet to                                                                    
     be made  in the renewal  of surface facilities  for the                                                                    
     existing fields.   For  example, the  gathering centers                                                                    
     and flow  stations for the  Prudhoe Bay area  have been                                                                    
     in  service now  for over  30 years.   Prudhoe  Bay and                                                                    
     other producing  fields are to continue  to produce for                                                                    
     the decades  to come.   Their original  facilities will                                                                    
     need  to  be  overhauled  or replaced.    Also,  as  an                                                                    
     increasing amount  of heavy and  viscous oil  come into                                                                    
     production, these facilities will  need to be modified,                                                                    
     retrofitted,  and replaced  in  order  to minimize  the                                                                    
     operating  problems  in   handling  this  viscous  oil.                                                                    
     Regardless of the stimulus or  purpose for making them,                                                                    
     renewal   investments  and   production  infrastructure                                                                    
     present a very  similar cash flow pattern,  as there is                                                                    
     for   investments  in   the  original   infrastructure.                                                                    
     Consequently, an  incentive that  is effective  for the                                                                    
     initial  development is  equally effective  for renewal                                                                    
     as well.                                                                                                                   
                                                                                                                                
     So,  again, the  harsh reality  all of  us face,  and I                                                                    
     know  that you  are very  much  aware of  this, is  the                                                                    
     decline of  production.  It's  a big challenge  for us.                                                                    
     We  are now  in the  process of  grappling with  it and                                                                    
     it's going to require massive new investments.                                                                             
                                                                                                                                
1:25:25 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT continued:                                                                                                         
                                                                                                                                
     Turning now to  the relative merits of  the bill that's                                                                    
     before you  today versus PPT,  AOGA submits  that there                                                                    
     are  several self-evident  principles of  taxation that                                                                    
     should  be used  to test  those merits.   First,  a tax                                                                    
     must  be fit  for  purpose -  that is  it  must do  the                                                                    
     things  that it  was intended  to do  and it  should do                                                                    
     them well.  Second,  the Administration, in enforcement                                                                    
     of a tax, must be  as efficient as possible, consistent                                                                    
     with  ensuring  compliance  by  taxpayers.    Third,  a                                                                    
     taxpayer  who wants  to calculate  and pay  the correct                                                                    
     amount  of  tax when  it  comes  due  -  it has  to  be                                                                    
     possible for them to do that.                                                                                              
                                                                                                                                
     Regarding  the first  test, achieving  what the  tax is                                                                    
     supposed  to  achieve, most  new  taxes  have as  their                                                                    
     primary or only  purpose new revenues.  In  the case of                                                                    
     PPT however, things  were not so simple.   But as Pedro                                                                    
     van Meurs  explained repeatedly  in his  testimony last                                                                    
     year  and  again  at  the   beginning  of  the  special                                                                    
     session, PPT  was also  designed to  provide incentives                                                                    
     for  investing   in  production   and,  in   that  way,                                                                    
     answering the threat of declining production.                                                                              
                                                                                                                                
     With respect to the revenue  side, no one disputes that                                                                    
     PPT  has  brought  more state  revenues  than  the  ELF                                                                    
     system would have.                                                                                                         
                                                                                                                                
1:26:29 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO said he has heard differently, that there are                                                                       
certain dollar levels  at which ELF brought in  more revenue than                                                               
the PPT.                                                                                                                        
                                                                                                                                
MS. CROCKETT said she had not  heard that but clarified the total                                                               
she is  speaking to  is in  the aggregate.   If one  compares the                                                               
production tax  income to the  State of Alaska pre-ELF  and post-                                                               
ELF, PPT has brought in increased revenue to the state.                                                                         
                                                                                                                                
MR. WILLIAMS added:                                                                                                             
                                                                                                                                
     That statement  is based in  the context of  the prices                                                                    
     that we've actually  had and those are  above the range                                                                    
     where you're  talking about.   It is  possible, because                                                                    
     it's  a net  tax, for  the net  amount to  get to  zero                                                                    
     before the  gross amount would  get to zero and  PPT is                                                                    
     net, the ELF was gross.   So, there are certain numbers                                                                    
     where  we make  nothing  under the  net  and the  gross                                                                    
     never goes away.                                                                                                           
                                                                                                                                
1:27:21 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO asked if there is a cross-point.                                                                                    
                                                                                                                                
MR. WILLIAMS  said there is and  noted it is also  possible, when                                                               
oil prices  are extremely low, to  get to zero with  a gross tax.                                                               
He explained  that is where the  West Coast market value  is down                                                               
to the  cost of transporting it  there from the North  Slope.  He                                                               
noted on December  23, 1998, the transportation cost  was half of                                                               
the market value on the West Coast.                                                                                             
                                                                                                                                
1:28:05 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO said it must be  handy to own a refinery, trucks, and                                                               
other parts, rather than just the raw resource.                                                                                 
                                                                                                                                
1:28:16 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS said it is handy  and is the reason the state income                                                               
tax doesn't  look just at the  upstream income of a  company, but                                                               
also considers the vertically integrated components downstream.                                                                 
                                                                                                                                
1:28:33 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT continued:                                                                                                         
                                                                                                                                
     According to  the Department  of Revenue,  the increase                                                                    
     was more than $800 million  in the first nine months of                                                                    
     2006  and, at  that rate,  it  would have  been over  a                                                                    
     billion dollars in additional tax  revenue for the full                                                                    
     year.   DOR also  said at  the time  that the  March 31                                                                    
     payments  were about  $137 million  less than  the $950                                                                    
     million  it  had estimated.    I'll  come back  to  the                                                                    
     questions of forecasting in just a moment.                                                                                 
                                                                                                                                
     For   now,  my   point  is   that  PPT   has  certainly                                                                    
     outperformed the ELF tax, which  is exactly what it was                                                                    
     intended  to do.   As  a consequence  of the  fact that                                                                    
     field costs  are higher than  DOR predicted  last year,                                                                    
     the  Administration  criticizes   PPT  for  failing  to                                                                    
     generate all of  the tax revenues that  the fiscal note                                                                    
     for HB 3001  predicted.  It's even  been suggested that                                                                    
     Alaskans were somehow promised  that PPT would generate                                                                    
     $800 million more  this year than was  projected and it                                                                    
     is necessary, therefore, to raise  the rate in order to                                                                    
     make good on that promise.                                                                                                 
                                                                                                                                
1:29:31 PM                                                                                                                    
                                                                                                                                
     This whole line of reasoning  is flawed.  First, DOR is                                                                    
     complaining  that they  can't  forecast PPT  accurately                                                                    
     because  it  has  so many  variables  that  effect  the                                                                    
     results.   But  if they  can't forecast  it accurately,                                                                    
     then  why  should reliance  be  placed  on its  current                                                                    
     forecast that shows the prior  forecast was off by $800                                                                    
     million.   If  the first  forecast was  poor, what  has                                                                    
     changed to make this one so good.                                                                                          
                                                                                                                                
1:30:20 PM                                                                                                                    
                                                                                                                                
     As I  explained a  moment ago, the  purpose of  the PPT                                                                    
     was more than just to  attract the tax revenues that it                                                                    
     would  generate.    It was  to  create  incentives  for                                                                    
     attracting massive new investments  that will be needed                                                                    
     in order  to meet  the threat of  declining production.                                                                    
     The   system  of   tax   credits   that  PPT   provides                                                                    
     significant incentives for  investing in capital assets                                                                    
     to  explore for,  develop and  produce oil  and gas  in                                                                    
     Alaska - for example:                                                                                                      
                                                                                                                                
·    there's a 20 percent tax credit on current capital                                                                         
     expenditures                                                                                                               
·    the transitional investment credit for expenditures                                                                        
     undertaken prior  to implementation of PPT,  which have                                                                    
     to be  matched on a  2:1 basis for those  prior capital                                                                    
     expenditures                                                                                                               
·    the tax credit for the carry-forward annual loss                                                                           
       particularly benefits explorers who don't yet have                                                                       
     production                                                                                                                 
·    the $12 million credit for small producers also is an                                                                      
     incentive for those producers to continue to explore                                                                       
·    and then finally the annual credit as an incentive for                                                                     
     exploration and development                                                                                                
                                                                                                                                
     So,  had  these  incentives  under  PPT  worked  -  the                                                                    
     preliminary results so far show  that they have - DOR's                                                                    
     August   3rd  report   on  PPT   states  that   capital                                                                    
     investments  for FY  08 were  80  percent greater  than                                                                    
     previously estimated,  despite the fact  that operating                                                                    
     costs were 101 percent over the prior projections.                                                                         
                                                                                                                                
1:31:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  said when  almost every producer  was asked                                                               
whether the  PPT drove  their investments  during the  last year,                                                               
they all said  no because their planning started up  to ten years                                                               
ago.   He  said the  producers  were then  asked how  legislators                                                               
would  know in  the future  whether the  current incentives  have                                                               
worked.   The producers  answered they hoped  the state  would be                                                               
able  to  tell because  they  would  be  producing more  oil  and                                                               
drilling more wells  but they are planning ten years  out at this                                                               
time.   They said the incentives  may cause them to  speed things                                                               
up and bring on technologies that  were not cost effective in the                                                               
past.                                                                                                                           
                                                                                                                                
1:32:29 PM                                                                                                                    
                                                                                                                                
MS.  CROCKETT  agreed  Representative   Roses  is  correct  about                                                               
investment decisions  being made out  into the future,  but noted                                                               
decisions to  stop investing can  be made very quickly,  which is                                                               
the other side  of the equation.  Clearly no  decisions were made                                                               
to stop spending under the increase in PPT last year.                                                                           
                                                                                                                                
1:32:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  said the  largest investor  in many  of the                                                               
exploration wells is  the state.  The producers  can take credits                                                               
against  production they  have in  other  locations, which  takes                                                               
away potential revenue  from the state.  When the  state does get                                                               
a return  on its investment,  it comes at  a much lower  rate and                                                               
slower pace.                                                                                                                    
                                                                                                                                
1:33:48 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS said he does not  disagree but added the result will                                                               
be production in  the future for the next  generation of Alaskans                                                               
to benefit  from.   By providing the  incentives, the  decline is                                                               
slowed, as is  the problem of the 300,000 barrel  threshold.  The                                                               
mathematics  between a  6 percent  or 3  percent decline  provide                                                               
almost enough  time for a  newborn Alaskan to  grow up.   He said                                                               
AOGA's  point is  that the  focus has  often solely  been on  the                                                               
dollars and  cents this year  and next  rather than on  the long-                                                               
term reasons for that policy.                                                                                                   
                                                                                                                                
1:35:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES   said  if  our  objective   should  be  to                                                               
encourage  more investment,  and  some of  those investments  are                                                               
riskier and  therefore more costly,  it seems the  credits should                                                               
be adjusted according to the risk.  He stated:                                                                                  
                                                                                                                                
     In other words, those things  that are going to be much                                                                    
     riskier,  which  is  outside of  the  current  existing                                                                    
     wells  because we've  heard  the  producers talk  about                                                                    
     taking the  current well that  exists and  then running                                                                    
     the horizontal  wells out, we've heard  them talk about                                                                    
     the technology and how exact  that science was and they                                                                    
     could  come literally  within inches  of hitting  where                                                                    
     they  thought they  needed  to be  because  of all  the                                                                    
     seismic studies.   It sounds to  me like that is  a lot                                                                    
     less  risky  than  going 40  miles  off  somewhere  and                                                                    
     drilling in an area where  there are no existing wells.                                                                    
     So,  why  would  we  not add  a  higher  percentage  of                                                                    
     incentives  for those  types of  wildcatting situations                                                                    
     and reduce the percentage  of incentives for those that                                                                    
     are  less  risky  potentials  if  we're  talking  about                                                                    
     incentives as the key.                                                                                                     
                                                                                                                                
1:36:57 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS  responded there are  fundamental types of  areas of                                                               
investment  to get  more oil  from the  existing fields:  infield                                                               
drilling,  replacing  surface facilities  that  are  close to  30                                                               
years old  and were designed for  1.5 million barrels of  oil per                                                               
day, and should perhaps be redesigned  to deal with the water and                                                               
gas development and heavy oil  and exploration.  Infield drilling                                                               
offers a short term ability to  add production but the others are                                                               
necessary as well.   The known deposits of heavy  oil and viscous                                                               
oil are  under the  Legacy fields.   The  renewal of  the surface                                                               
facilities is of  concern and is a backdrop to  this session.  To                                                               
replace facilities so  that they are adequate for 30  or 40 years                                                               
requires a  different type of  investment than  infield drilling.                                                               
It's important  to look  at all  of the puzzle  pieces to  find a                                                               
good  solution,  however  AOGA  will   make  due  with  what  the                                                               
legislature decides.                                                                                                            
                                                                                                                                
1:39:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG said  for the  20-some years  that ELF                                                               
was  in  place,  the  state's   return  intake  was  diminishing,                                                               
theoretically  because the  investment was  there but  production                                                               
has declined.   Why is  industry coming  back now and  asking for                                                               
more incentives  to stop the  decline since the industry  was not                                                               
making those  investments to  stem the decline  when most  of the                                                               
returns were going to the industry, he asked.                                                                                   
                                                                                                                                
1:39:56 PM                                                                                                                    
                                                                                                                                
MR.   WILLIAMS  said   that   is   partially  incorrect   because                                                               
substantial investments  were made in gas  handling expansion and                                                               
a seawater injection  facility was built that  provides 2 million                                                               
barrels per day to  keep the pressure up.  He  added that when he                                                               
was commissioner,  the counterpart of  AOGCC was then  called the                                                               
Division of Oil and Gas.   The division had a huge computer model                                                               
that  said  the Prudhoe  Bay  field  should produce  9.6  billion                                                               
barrels, yet  production is  2.5 billion  barrels more  than that                                                               
and  that is  the result  of investments.   He  conceded the  ELF                                                               
formula was  flawed but he  wouldn't say people didn't  invest in                                                               
Alaska to develop the Slope.                                                                                                    
                                                                                                                                
1:41:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG replied:                                                                                              
                                                                                                                                
     And I  didn't say  that either.   That  was most  of my                                                                    
     work for 25  years.  As far as  investment for stemming                                                                    
     the decline, and  I don't know where that  was or where                                                                    
     that calculation was, but I know  at the end of the day                                                                    
     the pipeline has lasted a  lot longer than they thought                                                                    
     already  and it  has  a  longer life  yet.   Of  course                                                                    
     maintenance goes up  ... I just look back  and wonder -                                                                    
     we thought they were  making those investments then and                                                                    
     the  decline  has  been  down.   Now  we're  asking  to                                                                    
     increase  our investment  through the  credits and  all                                                                    
     those  other  things.   It's  a  question we're  asking                                                                    
     ourselves - how  do we get to that?   What is the right                                                                    
     level  of  doing that  when,  from  my perspective,  it                                                                    
     actually  -   when  they  had  the   advantage  -  more                                                                    
     motivation  to   do  that,  that  didn't   happen.    I                                                                    
     recognize that you have a different opinion.                                                                               
                                                                                                                                
1:42:31 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS said  one thing the ELF didn't have  was tax credits                                                               
-  they  are present  here.    After  1989,  field size  was  the                                                               
dominant  element in  the equation  unless a  field was  close to                                                               
averaging  300 barrels  a day  per  well.   Kuparuk's wells  were                                                               
going  down to  300 barrels  a  day and,  at that  rate, the  ELF                                                               
formula became zero.                                                                                                            
                                                                                                                                
1:43:04 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO asked if that applied to all wells in the field.                                                                    
                                                                                                                                
MR. WILLIAMS said that is correct.                                                                                              
                                                                                                                                
CHAIR GATTO  said there was  concern that  a company could  add a                                                               
few more unproductive wells to get the tax rate to zero.                                                                        
                                                                                                                                
1:43:34 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS questioned  why a company would spend $1  to save 15                                                               
cents on taxes.                                                                                                                 
                                                                                                                                
CHAIR GATTO noted  that depends on how many years  one could save                                                               
15 cents.                                                                                                                       
                                                                                                                                
MR.  WILLIAMS  said he  could  provide  a fairly  straightforward                                                               
demonstration, if members are interested.                                                                                       
                                                                                                                                
1:44:03 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS again acknowledged the ELF was flawed and said:                                                                    
                                                                                                                                
     The point  is:   that is  not where we  are now.   And,                                                                    
     meanwhile, there  was a lot  of money  spent developing                                                                    
     fields,  developing satellites,  exploring for  finding                                                                    
     successes  like Endicott  and finding  things that  are                                                                    
     less  successful like  Badami.   And,  still there  are                                                                    
     investments  being  made  to develop  new  fields  like                                                                    
     NorthStar or Liberty.                                                                                                      
                                                                                                                                
1:44:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG said his point was that legislators                                                                   
are being asked to structure the oil and gas tax policy to                                                                      
create a behavior when no historical reason for doing so exists.                                                                
                                                                                                                                
1:45:14 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO asked what the output is of the Badami field.                                                                       
                                                                                                                                
MR. WILLIAMS did not know.                                                                                                      
                                                                                                                                
CHAIR GATTO said he has heard Badami was a "disappointment."                                                                    
                                                                                                                                
MR. WILLIAMS said it was shut down for awhile and may still be.                                                                 
He offered to get that information for the committee.                                                                           
                                                                                                                                
CHAIR GATTO said he is curious about the purpose of shutting it                                                                 
down and restarting it.                                                                                                         
                                                                                                                                
1:46:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON stated:                                                                                                   
                                                                                                                                
     ...We are  in a  position where  tax policy  does drive                                                                    
     behavior, and previous tax  policy drives behavior, and                                                                    
     there were  a number of  wells - our information  was -                                                                    
     that were  in Kuparuk  that really weren't  economic to                                                                    
     keep  running but  that were  kept  running because  it                                                                    
     reduced the  per-well production and so  ELF went down.                                                                    
     That doesn't mean  that's bad.  Whatever  system we set                                                                    
     up, you know, we have to  look at those things and so a                                                                    
     gross  tax system  can be  gamed  just like  a net  tax                                                                    
     system can.   There are  different games in  what we're                                                                    
     hopefully  trying to  do  and work  with  you folks  in                                                                    
     making  sure  we  eliminate as  many  of  those  gaming                                                                    
     possibilities  as available  under whatever  tax system                                                                    
     we come  forward with.  So,  I don't think that  we are                                                                    
     totally  in  opposition saying  oh,  well  a gross  tax                                                                    
     system ELF worked perfectly  and didn't change behavior                                                                    
     or  didn't have  unintended consequences  and the  same                                                                    
     thing with the net tax system.   And, so, there will be                                                                    
     a number  of amendments,  I'm sure,  offered to  try to                                                                    
     restrict  those  possibilities   so  that  the  desired                                                                    
     outcome  is  there  and  I  think  that  Representative                                                                    
     Guttenberg's  question about  tax credits  and all  - I                                                                    
     think we  are trying  to influence behavior  and that's                                                                    
     what the tax policy is for.  Thank you Mr. Chairman.                                                                       
                                                                                                                                
1:47:40 PM                                                                                                                    
                                                                                                                                
MS.  CROCKETT said  she would  agree that  tax policy  does drive                                                               
behavior.   She  said legislators  are attempting  to strike  the                                                               
balance between influencing  behavior so that the  money does not                                                               
get spent elsewhere as opposed  to investing here.  She submitted                                                               
that tax policy influences behavior in a positive way.                                                                          
                                                                                                                                
1:48:23 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT continued with her presentation.                                                                                   
                                                                                                                                
     So,  now moving  on to  the House  bill, the  committee                                                                    
     substitute  for HB  2001,  how well  does  it stand  up                                                                    
     under the  standard of fit  for purpose?   Certainly it                                                                    
     would  generate more  tax revenue  than  the PPT  will,                                                                    
     even  in the  short term,  but  it is  premised on  the                                                                    
     totally mistaken notion  that increasing the government                                                                    
     take  from  the  economic pie  will  encourage  greater                                                                    
     investment, or at least not  discourage it from what it                                                                    
     would  be  anyway.   No  one  has ever  taxed  economic                                                                    
     growth  into existence  and this  bill will  not do  so                                                                    
     either.                                                                                                                    
                                                                                                                                
     The  second  standard  for evaluating  the  legislation                                                                    
     versus  PPT is  the administration  and enforcement  of                                                                    
     the tax  must be  as efficient as  possible, consistent                                                                    
     with ensuring  compliance by taxpayers.   Here  the two                                                                    
     chief objections  to PPT  have been,  first that  it is                                                                    
     not possible to forecast the  revenues from it with the                                                                    
     accuracy needed for state  budget purposes and, second,                                                                    
     that  the audit  challenges  of PPT  leave the  state's                                                                    
     auditors hopelessly  outgunned.  So the  questions that                                                                    
     need to  be answered then  are how much merit  do these                                                                    
     criticisms have  and would  the legislation  before you                                                                    
     now address these concerns.                                                                                                
                                                                                                                                
     Regarding  the  forecast  for PPT,  the  Department  of                                                                    
     Revenue  cites two  major concerns  with the  forecast.                                                                    
     One is that while costs  would be expected to increase,                                                                    
     the dramatic difference between  what was predicted and                                                                    
     what   has  actually   been  experienced   brings  into                                                                    
     question  whether the  legislature  made its  decisions                                                                    
     based  on appropriate  information.    That's a  quote.                                                                    
     The   other  is   that   the   department  needs   cost                                                                    
     information  about current  and  planned spending  from                                                                    
     the  operators,  producers,   and  explorers  and  this                                                                    
     allegedly has not been forthcoming from them.                                                                              
                                                                                                                                
     Addressing  the matter  of the  difference between  the                                                                    
     projected  expenditures  behind  the fiscal  note  last                                                                    
     year and  what those  expenditures have  actually been,                                                                    
     when  the prior  Administration  saw information  about                                                                    
     expenditures last year,  they chose not to  rely on the                                                                    
     representations  about the  2006 costs  that individual                                                                    
     companies gave  the legislature in public  testimony at                                                                    
     that time.  Instead, they  looked at what they believed                                                                    
     to be  more reliable information contained  in the most                                                                    
     recent partnership tax returns  that had been filed for                                                                    
     the IRS.   The federal partnership returns  are not due                                                                    
     with the  IRS until October  of the following  year so,                                                                    
     even as  late as August  of 2006, when  the legislature                                                                    
     passed HB 3001; the  most recent returns available were                                                                    
     for 2004.                                                                                                                  
                                                                                                                                
1:51:00 PM                                                                                                                    
                                                                                                                                
     On page  8 of  the testimony,  there's a  chart showing                                                                    
     the  producer  price  index  for   oil  and  gas  field                                                                    
     machinery and  equipment during the  last decade.   You                                                                    
     can  see, on  the highlighted  bar here  and the  graph                                                                    
     that marks 2004, when you  look at that bar and compare                                                                    
     it out  to what 2006 -  the costs of doing  business in                                                                    
     2006  were,  you  can  see   that  there's  a  dramatic                                                                    
     difference  between  2004  and  2006.   Now  there  was                                                                    
     nothing  sinister about  what  the Administration  did,                                                                    
     and I don't mean to imply  that there was.  The company                                                                    
     said that  the 2006  costs were high  but the  last tax                                                                    
     returns  at   that  time   indicated  the   costs  were                                                                    
     significantly less  with a fairly lengthy  track record                                                                    
     of gradual increases.                                                                                                      
                                                                                                                                
1:51:28 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO noted  oil prices increased by a  50 percent increase                                                               
between 2006  and 2007, which  had to  make a dramatic  change in                                                               
the  net profitability  of every  company that  had produced  any                                                               
oil, as  well as  the state's  revenue.  He  stated that  has not                                                               
abated yet  so he  suspects that  rapid rise in  costs had  to do                                                               
with  decisions  to  take  advantage   of  this  high  oil  price                                                               
environment and  "pull out all of  the stops."  He  asked whether                                                               
it takes three months to increase or reduce production.                                                                         
                                                                                                                                
1:52:30 PM                                                                                                                    
                                                                                                                                
MS.  CROCKETT said  when  prices are  high  companies drill  more                                                               
wells because the  return on the investment is  higher.  However,                                                               
more activity increases  the cost of doing business  because of a                                                               
labor shortage, less steel available, etc.                                                                                      
                                                                                                                                
1:53:01 PM                                                                                                                    
                                                                                                                                
MR.  WILLIAMS explained  that  the graph  shows  what would  have                                                               
happened to  the wholesale/retail  prices of equipment  over that                                                               
period.   He  said the  scope  of work  has gone  up, which  also                                                               
increases costs.   More people are working on the  Slope now than                                                               
for many years.                                                                                                                 
                                                                                                                                
1:53:47 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO said  labor  has  increased in  price.   He  assumed                                                               
drilling  rig crews  must be  imported from  other places  in the                                                               
world.                                                                                                                          
                                                                                                                                
1:54:10 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS  said that 12  to 14 rigs have  multi-year contracts                                                               
on the Slope; the cost of the rig  is set on the contract, but as                                                               
those contracts roll over, the  new contracts reflect any changes                                                               
in labor costs.                                                                                                                 
                                                                                                                                
1:54:36 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT continued with her presentation.                                                                                   
                                                                                                                                
     So  back   to  the  Department  of   Revenue's  use  of                                                                    
     information  that  it  had  before  it  at  this  time.                                                                    
     Again,  they   relied  on  the  information   that  was                                                                    
     reported in the  tax returns and I  suspect that, given                                                                    
     the same  situation if Revenue  found itself  in today,                                                                    
     that they  would do  the same thing.   It's  a reliable                                                                    
     source  of  information versus  characterizations  from                                                                    
     the industry.                                                                                                              
                                                                                                                                
     The  other criticism  that  DOR makes  of  PPT is  that                                                                    
     producers  and   other  taxpayers  are   not  providing                                                                    
     information that  it needs to forecast  with sufficient                                                                    
     accuracy.    Obviously,  AOGA  is  not  privy  to  what                                                                    
     taxpayers  are  reporting to  DOR  as  they make  their                                                                    
     monthly installment  payments and their  annual true-up                                                                    
     payments, but that information is available.                                                                               
                                                                                                                                
     DOR's second  chief objection to  the administerability                                                                    
     and  enforceability of  PPT  is  the audit  challenges,                                                                    
     where  it   believes  that   it  leaves   its  auditors                                                                    
     hopelessly outgunned.   AOGA  does not have  a position                                                                    
     on the  shifting of those  classified positions  to the                                                                    
     exempt service.  That's a  decision for the legislature                                                                    
     to  make  but there  are  some  issues associated  with                                                                    
     audits  and with  PPT that  we would  like to  address,                                                                    
     however.   This has to  do with the starting  point for                                                                    
     determining  how  much  a producer's  deductible  lease                                                                    
     expenditures  are.   The PPT  statutes currently  allow                                                                    
     DOR a  choice between starting with  the joint interest                                                                    
     billings  and invoices  that  operators  bill to  other                                                                    
     participants or  starting from  a comprehensive  set of                                                                    
     accounting  rules and  principles that  DOR writes  up.                                                                    
     What  choice DOR  chooses will  determine nothing  less                                                                    
     than the  very success or failure  of PPT as a  tax and                                                                    
     for this legislation  as well, if it is  enacted.  It's                                                                    
     like having a tax based  on your federal income tax and                                                                    
     choosing between  the federal return as  audited by the                                                                    
     IRS as a  starting point or starting  with the Internal                                                                    
     Revenue  Code,  and leaving  it  up  to you  and  DOR's                                                                    
     auditors alike to find out  what the right answer might                                                                    
     be.                                                                                                                        
                                                                                                                                
1:56:30 PM                                                                                                                    
                                                                                                                                
     From  the taxpayer's  perspective,  this  means a  near                                                                    
     certainty  of  continual  assessments year  after  year                                                                    
     with additional  tax, interest, and  perhaps penalties,                                                                    
     and may mean  a long series of lawsuits  and appeals as                                                                    
     well.    From  the   state's  perspective,  these  same                                                                    
     troubles   for  the   taxpayer  will   mean  that   the                                                                    
     incentives  for investment  will  be seriously  eroded.                                                                    
     The  greater  the  uncertainty about  how  much  tax  a                                                                    
     company  owes,  the  greater the  likelihood  that  the                                                                    
     incentives will  turn out  to be  less than  their face                                                                    
     value.   A taxpayer's  only recourse in  this situation                                                                    
     will   be  to   discount  the   face  value   of  those                                                                    
     investments  in  running  the economic  analysis  about                                                                    
     making an investment  or not.  So  the effectiveness of                                                                    
     those incentives will be less  than what they should be                                                                    
     and Alaska will fail to  realize the full amount of new                                                                    
     production it needs.                                                                                                       
                                                                                                                                
     The other choice that DOR  could make would be to start                                                                    
     with the  operator billings  to the  other participants                                                                    
     on  oil and  gas operations  - and  please note  that I                                                                    
     said start with  those billings and not  end.  Anything                                                                    
     in  those billings  that are  non-deductible under  the                                                                    
     statute  would have  to  be backed  out.   The  central                                                                    
     concept  of lease  expenditures  is that  they must  be                                                                    
     direct and ordinary and  necessary costs of exploration                                                                    
     development  and   production.     It  would   be  most                                                                    
     surprising  if there  was  anything  in those  billings                                                                    
     that goes outside the standard.                                                                                            
                                                                                                                                
     How  can  Alaska   be  sure  of  this?     Because  the                                                                    
     participants in  an oil and  gas operation do  not give                                                                    
     the  operator a  license to  waste their  money.   I've                                                                    
     heard a  great deal  of concern expressed  during these                                                                    
     hearings  about how  companies might  somehow game  the                                                                    
     system in  order to reduce  the tax that they  will pay                                                                    
     to  the state.   While  so  many are  so worried  about                                                                    
     efforts by  their companies not  to overpay  the state,                                                                    
     why  would most  of these  same people  think that  the                                                                    
     companies  want to  overpay either  one?   If anything,                                                                    
     since  the operator  usually  is  a direct  competitor,                                                                    
     they probably  don't want to overpay  that operator any                                                                    
     more  than  they  want  to overpay  the  state.    It's                                                                    
     reasonable  to rely  on  the operators  -  on the  non-                                                                    
     operators self  interest to police  and limit  what the                                                                    
     operator can spend  money on and they  do that policing                                                                    
     by auditing the operators' invoices to them.                                                                               
                                                                                                                                
     In  the  context  of PPT,  the  Department  of  Revenue                                                                    
     should audit  the audits to  verify that  operators do,                                                                    
     indeed,  audit  an  operator's invoices  on  a  regular                                                                    
     basis and that  these audits are rigorous  and at arm's                                                                    
     length.  But, once these  things have been confirmed by                                                                    
         the Department in its verification of the non-                                                                         
     operator's  audits, there  is  little point  to DOR  to                                                                    
     spend  the time  and the  effort to  "replow" that  the                                                                    
     field that the company's audits have already plowed.                                                                       
                                                                                                                                
     Daniel Johnston,  a consultant  hired last  year during                                                                    
     the  legislative  debate  on   PPT,  gave  an  informal                                                                    
     presentation  to members  of  the  legislature, as  you                                                                    
     know, on  October 19.   During that meeting  he praised                                                                    
     the  expertise  of  joint  interest  auditors  and  the                                                                    
     ability for the  state to utilize unit  accounting.  He                                                                    
     went on  to say that  it would be  extremely insightful                                                                    
     for  the state  to  get unit  accounting  and made  the                                                                    
     observation that  state auditors are vicious,  but that                                                                    
     joint interest auditors are even more vicious.                                                                             
                                                                                                                                
     Of  course  for  operations   where  there's  only  one                                                                    
     participant,  the   applicability  of   joint  interest                                                                    
     billings doesn't really come  into play but those joint                                                                    
     interest billings, however, can be  used as a basis for                                                                    
     verifying  expenditures that  are  ordinary and  direct                                                                    
     and lease expenditures tied  to a particular operation,                                                                    
     so,  while you  don't  have the  benefit  of the  joint                                                                    
     interest   billing  itself   for   a  single   operator                                                                    
     situation, the  returns from  that single  operator can                                                                    
     be measured  against the  joint interest  billings from                                                                    
     others.                                                                                                                    
                                                                                                                                
     Unfortunately, in  the legislation that we  have before                                                                    
     us today in  Section 37, the ability of  DOR to utilize                                                                    
     the joint  interest billings is  being repealed.   That                                                                    
     ability does  not require the  Department to  use them,                                                                    
     but rather  authorizes the Department to  utilize those                                                                    
     as one of the tools  for auditing purposes.  We believe                                                                    
     that this  repeal will mean that  the Department cannot                                                                    
     use  those, even  when DOR  wants to  allow their  use.                                                                    
     DOR has  testified in other hearings  that somehow they                                                                    
     will still be  able to require or authorize  the use of                                                                    
     operators'  billings,  even  if the  present  statutory                                                                    
     provisions are repealed.   However, if you  enact a law                                                                    
     specifically saying that DOR  can do something and then                                                                    
     later on  you repeal it,  we believe that it  means you                                                                    
     cannot  do  that  any  longer.    But  even  if  you're                                                                    
     persuaded by  DOR that we're  wrong on this  point, why                                                                    
     would  you repeal  those statutes  and take  the chance                                                                    
     that the courts won't agree?                                                                                               
                                                                                                                                
     I've  spent  so  much  time on  this  particular  topic                                                                    
     because of the situation a  non-operator faces.  All of                                                                    
     the information it has about  what's being spent on the                                                                    
     operation  is  what  it  gets   from  billings  by  the                                                                    
     operator plus  whatever it may learn  by auditing those                                                                    
     invoices.   But,  if such  a non-operator  cannot start                                                                    
     from  those invoices,  how can  it figure  out what  to                                                                    
     report as  the lease  expenditures for  that operation?                                                                    
     All of  the books  and records  of the  expenditure are                                                                    
     with  the operator  and if  a  non-operator hasn't  yet                                                                    
     audited the  operator, they'll have no  idea what those                                                                    
     books and records  show.  It's not feasible  for a non-                                                                    
     operator  to be  auditing the  operator month-by-month,                                                                    
     yet the non-operator must somehow  have to be reporting                                                                    
     and paying  installments month-by-month  throughout the                                                                    
     year.   Even by the  March 31 true-up of  the following                                                                    
     year, it is  unlikely that any audit  of the operator's                                                                    
     books and  records will have  begun by that  date, much                                                                    
     less completed.                                                                                                            
                                                                                                                                
     This   is    important   because   the    penalty   for                                                                    
     misestimating  the installments  is principally  in the                                                                    
     difference  between the  rate of  interest on  overpaid                                                                    
     installments  and  underpaid ones  -  by  the March  31                                                                    
     true-up, is  a very serious  business.  Interest  at an                                                                    
     APR of  not less  than 11 percent  compounded quarterly                                                                    
     begins to accrue and penalties  of up to 30 percent for                                                                    
     negligence and  failure to pay  can be assessed  on the                                                                    
     amount of  any underpayment continuing after  the true-                                                                    
     up  date.    If  a  non-operator  cannot  rely  on  its                                                                    
     billings from  the operator as  the starting  point for                                                                    
     these purposes, what is it supposed to use?                                                                                
                                                                                                                                
2:01:10 PM                                                                                                                    
                                                                                                                                
     Now  this  issue  has  been addressed  by  us  and  the                                                                    
     Administration during hearings as  I mentioned a moment                                                                    
     ago,  and they've  stated that  it is  their intent  to                                                                    
     allow the use of the  joint interest billings as one of                                                                    
     the tools.   I would encourage the  committee to verify                                                                    
     that    with    the    Administration    during    your                                                                    
     deliberations.   In any event,  if it is the  intent to                                                                    
     allow these  to be  used, there's  no reason  to repeal                                                                    
     the specific authorization to do so.                                                                                       
                                                                                                                                
2:02:39 PM                                                                                                                    
                                                                                                                                
     And  Mr. Chairman,  I've attached  to  the testimony  a                                                                    
     white  paper  that  provides  some  additional  details                                                                    
     about why we believe this is important.                                                                                    
                                                                                                                                
2:03:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON referred to  the joint venture billings and                                                               
asked  if  the  joint  partners   pay  for  items  that  are  not                                                               
deductible, such as lease expenditures  under PPT.  He questioned                                                               
whether those things are segregated  out as to what is deductible                                                               
and  non-deductible for  our tax  purposes or  whether it  is all                                                               
combined and  must be torn  apart.  He noted  there are up  to 20                                                               
non-deductible  lease expenditures  that  are  chargeable to  the                                                               
other partner.                                                                                                                  
                                                                                                                                
2:04:26 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS  told members  a number  of things  are specifically                                                               
excluded  in  the  statute  that  don't  go  into  joint  venture                                                               
billings - costs of disputes,  arbitration between partners, etc.                                                               
Some  costs,   such  as  the   cost  of  response   clean-up  and                                                               
remediation are not allowed.  The  billings have a long series of                                                               
accounts  so  that each  recipient  can  see each  separate  cost                                                               
involved in the  remediation of a spill.  The  recipients will be                                                               
able  to figure  out  what  costs need  to  be  removed from  the                                                               
deduction and  the billing so the  state would not be  paying for                                                               
those.  From  an audit standpoint, that will ensure  that what is                                                               
spent for a disallowed category has been removed.                                                                               
                                                                                                                                
2:06:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON responded:                                                                                                
                                                                                                                                
     So,  we've  got this  huge  stack  of accounts  and  of                                                                    
     course there's no  reason for the joint  partners to be                                                                    
     separating  those  items  out that  are  non-deductible                                                                    
     against PPT, so  they're all going to be  mixed in with                                                                    
     all of  the things that  are allowed to be  deducted by                                                                    
     the joint  partners -  I mean allowed  to be  billed at                                                                    
     the  joint  partners.    Is   that  correct  or  is  it                                                                    
     segregated  out  so  that it's  fairly  easily  tracked                                                                    
     without going into each account category?                                                                                  
                                                                                                                                
2:07:14 PM                                                                                                                    
                                                                                                                                
MR.  WILLIAMS explained  the operator  can't  advise people  that                                                               
certain accounts  are disallowed  costs.   Each taxpayer  has its                                                               
own  tax department  and responsibility  for going  through that.                                                               
At least it will  know what costs have been spent.   He said if a                                                               
cost can be  argued either way that taxpayer will  have to make a                                                               
call  and the  auditor  will check.   However,  in  terms of  the                                                               
amount in each account, the  question is whether those are direct                                                               
costs  of running  the field  - are  they ordinary  and necessary                                                               
costs.  With respect to those  standards, a company won't give an                                                               
operator a  license to waste  its money  to run another  field so                                                               
that won't include  a jet at headquarters.   That discipline will                                                               
exist  among the  partners;  however,  it will  not  exist for  a                                                               
company with no partners.  He  pointed out one company might have                                                               
a 99 percent  interest in a field  and that is an  area where DOR                                                               
will have work.  He added:                                                                                                      
                                                                                                                                
     But, for a  number of the fields in terms  of the audit                                                                    
     workload, some  of this  can be  made simpler  than for                                                                    
     these ones  where you  don't have  the audits  going at                                                                    
     all between partners...   Even now, I  would be stunned                                                                    
     if  there was  anything in  the joint  venture billings                                                                    
     for   PPT  currently   or  under   the  proposed   ACES                                                                    
     legislation  that  is not  a  direct  cost and  not  an                                                                    
     ordinary  and necessary  cost  of  running that  field,                                                                    
     just because  of each participant's desire  to keep its                                                                    
     money for  itself and not to  waste it, and not  to let                                                                    
     the operator waste it for them.                                                                                            
                                                                                                                                
2:10:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON replied:                                                                                                  
                                                                                                                                
     I  understand   your  point  and   the  point   of  the                                                                    
     Administration.    The  Administration is  saying  that                                                                    
     they're going to use the  joint billings as part.  Each                                                                    
     one of your companies on  previous to the joint billing                                                                    
     statements  has to  submit all  of the  tax, you  know,                                                                    
     accounting at  the true-up  time to the  state.   So, I                                                                    
     guess I'm  trying to weigh  this.  Let's say  Company X                                                                    
     has to  file their PPT  tax form  on April 1st...   and                                                                    
     then they  may modify it  when things go down  the line                                                                    
     and  they get  some more  billing or  whatever -  joint                                                                    
     billing  statement   from  the  operator   in  October.                                                                    
     They're still  going to  have to  submit a  revised PPT                                                                    
     billing if  there's something different.   So,  I guess                                                                    
     the question is,  does this make any  difference as far                                                                    
     as the  tax liability or the  tax timing or is  it just                                                                    
     simply that AOGA and the  companies are wanting to have                                                                    
     the auditors  first check the  submitted tax -  PPT tax                                                                    
     statement from  each company against the  joint billing                                                                    
     statement but  it doesn't prevent  them from  going any                                                                    
     farther than that.   Am I correct?  I  think many of us                                                                    
     are quite confused at what  this big problem is to tell                                                                    
     you the truth.                                                                                                             
                                                                                                                                
2:12:07 PM                                                                                                                    
                                                                                                                                
MR.  WILLIAMS   explained  the  problem  is   that  the  existing                                                               
authority that says  the department may authorize  or require the                                                               
use of  the amounts billed  or billable by the  operator (Section                                                               
165(c)  & (d)),  which will  be repealed  in the  bill.   If that                                                               
statement is  repealed, does that mean  DOR cannot use them?   He                                                               
said as  long as it  is clear that  the legislative intent  is to                                                               
allow them to  continue to use it, that language  can be removed.                                                               
However, if that  language is left by itself, it  could create an                                                               
unintended consequence  that neither the Administration  nor AOGA                                                               
want.    If a  non-operator  in  a  field  cannot use  the  joint                                                               
interest billings, it has no  starting point from which to report                                                               
and make  its estimated payments.   If  it turns out  that during                                                               
the audit the  auditor decides differently, the  operator will be                                                               
on the hook for not being accurate.                                                                                             
                                                                                                                                
2:13:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  questioned  whether   this  is  the  real                                                               
criteria the  non-operator needs to  be able  to rely on  for the                                                               
PPT  tax  filing and  to  determine  whether  DOR has  the  legal                                                               
authority to require that is the crux of the matter.                                                                            
                                                                                                                                
2:14:08 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS  said that  is correct.   The non-operator  pays the                                                               
billings; that is the cash out of his pocket.                                                                                   
                                                                                                                                
2:14:27 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT continued with her testimony.                                                                                      
                                                                                                                                
     Progressivity, as  you know, is  a feature of  the PPT.                                                                    
     It's an  addition to  the PPT tax.   Like  the existing                                                                    
     PPT,  the present  progressivity  tax is  based on  the                                                                    
     "net value" of production.   But, unlike the basic tax,                                                                    
     it is computed  monthly instead of on  an annual basis.                                                                    
     The  rate for  progressivity in  the current  system is                                                                    
     zero when  the "net value"  per barrel is $40  or less,                                                                    
     and  it rises  linearly  at a  0.25  percent point  per                                                                    
     dollar  that the  net value  of  the equivalent  barrel                                                                    
     rises  above $40,  then  up  to a  maximum  rate of  25                                                                    
     percent.   The  0.25  figure, which  sets  the rate  at                                                                    
     which the tax  rate rises, is known as the  "slope."  I                                                                    
     should  repeat that  what I've  just described  here is                                                                    
     the current  system and not the  system that's embodied                                                                    
     in the committee substitute for you at this time.                                                                          
                                                                                                                                
2:15:26 PM                                                                                                                    
                                                                                                                                
     The rationale  for progressivity  boils down  to little                                                                    
     more than, at  these prices, that the  oil industry can                                                                    
     afford  to  pay more.    If  affording  to pay  is  the                                                                    
     rationale for  setting taxes, then who  was arguing not                                                                    
     even 9 years ago to give  the industry a break when the                                                                    
     spot price for a barrel of  ANS on the West Coast after                                                                    
     spending the  $4.26 for transportation to  get it there                                                                    
     crashed to  $8.16 in December  of 98.   Nobody.   It is                                                                    
     this    asymmetry   that    makes   progressivity    so                                                                    
     objectionable to the industry.   We have put all of the                                                                    
     capital  and  taken  all  the   risks  in  making  that                                                                    
     investment.   Periods of high  oil prices are  not only                                                                    
     an opportunity for industry to  catch up for periods of                                                                    
     low prices,  but they are  also an opportunity  to make                                                                    
     up  for   expensive  investments   that  prove   to  be                                                                    
     unsuccessful.   The one example  that I've  included in                                                                    
     my testimony  today is the  Mukluk prospect.   Industry                                                                    
     paid over  $1 billion in  bonus bids for  that prospect                                                                    
     in 1982, then it  spent another $135 million installing                                                                    
     a  gravel  island  and drilling  an  exploratory  well,                                                                    
     which turned out to be, unfortunately, a dry hole.                                                                         
                                                                                                                                
2:16:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  agreed with Ms. Crockett's  statement about                                                               
spending $135.6 million  in 1982, but said  today, a considerable                                                               
amount of credits  under PPT and ACES would  reduce the liability                                                               
for that  company to an  amount considerably below  $135 million.                                                               
He stated the state has  made a considerable amount of investment                                                               
to help provide  oil companies the incentive to  do exactly that.                                                               
He suspected that  Ms. Crockett's statement, "We have  put up all                                                               
of  the  capital  and  taken  all  of  the  risk  in  making  the                                                               
investment  ..."  is  inaccurate.    He  recounted  that  several                                                               
producers  have  said one  of  eight  or  ten wells  drilled  are                                                               
productive and said if the  state is allowing exploratory credits                                                               
at 20 percent and 22.5 percent  off of capital investments on all                                                               
ten wells, the  state probably has taken an equal  amount of risk                                                               
in terms  of the amount of  money put up and  probably has fairly                                                               
significant investments.   While he  agreed with the  concept, he                                                               
felt it inaccurate  to say the industry is putting  up all of the                                                               
capital and taking all of the risk.                                                                                             
                                                                                                                                
2:18:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  said  she  is on  the  same  page  as                                                               
Representative Roses as she construed  Ms. Crockett's comments as                                                               
a request  to take the  credits back off  the table and  that the                                                               
industry would  repay all of the  costs the state has  allowed as                                                               
credits.   She said  there is some  balance in  the progressivity                                                               
language to incorporate AOGA's truth and the state's truth.                                                                     
                                                                                                                                
2:19:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ROSES   clarified   that  he   appreciates   Ms.                                                               
Crockett's  and Mr.  Williams' work  but clarified  his point  is                                                               
that a lot of people do  not realize the amount the state invests                                                               
to  ensure the  oil continues  to flow.   The  legislature's most                                                               
difficult task is to find  the balance between the state's return                                                               
on investment and the industry's  return on investment.  He noted                                                               
the fact is  the state and industry are  partners with investment                                                               
and risk.   The state must determine a point  where it encourages                                                               
investment and captures the maximum  return for the state for its                                                               
investment and risk.                                                                                                            
                                                                                                                                
2:21:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  offered his  opinion regarding  public perception                                                               
on the oil taxation issue:                                                                                                      
                                                                                                                                
     The public hears  we want to take even  more money from                                                                    
     the  oil companies.   And  I think  it is  important to                                                                    
     recognize that the money comes  from the oil.  It's our                                                                    
     oil and we share in  the resource and the oil companies                                                                    
     get a share and we get a  share.  And the debate may be                                                                    
     over what's the  fair way to put  it.  If we  put in 50                                                                    
     percent of the money, do we  only get 40 percent of ...                                                                    
     the revenue, and if you put  in less money you get more                                                                    
     of the revenue, et cetera.  And that's the debate.                                                                         
                                                                                                                                
     But the statement  that we take from  the oil companies                                                                    
     is very  far from  truthful because  we both  take from                                                                    
     the resource  and it's only  the way the  allocation is                                                                    
     made  that  determines  who gets  what  percent.    ...                                                                    
     There are things  that the public hears  - sometimes in                                                                    
     simple things like  letters to the editor  or talk show                                                                    
     callers  or  newspaper   articles  or  certainly  trade                                                                    
     publications, which  are very strong depending  on what                                                                    
     side they're  on.  They're  usually on the side  of the                                                                    
     oil companies  and they have  the most sway -  how much                                                                    
     more  do  you want  to  take  from the  oil  companies?                                                                    
     Well, we  haven't taken  any yet,  so we're  not taking                                                                    
     any more.  And, to  me, that's an important distinction                                                                    
     and Representative Roses  and Representative Fairclough                                                                    
     and the rest  of us recognize that  that distinction is                                                                    
     very clear to us because we  deal with it all the time.                                                                    
     It should be clear to you  because you deal with it all                                                                    
     the time.                                                                                                                  
                                                                                                                                
     And I think,  in all fairness, when we do  speak to the                                                                    
     public at-large  or write articles  in the  paper, that                                                                    
     we  ought  to be  at  least  somewhat more  careful  in                                                                    
     describing what we take from  the oil companies and the                                                                    
     fact that you take all the  risk and, yet, of the small                                                                    
     amount of money being made  that we take even more from                                                                    
     you.   That puts us  in a horrible  light.  And  I'd be                                                                    
     willing to  be in  that horrible light  if it  was true                                                                    
     and  say I  need  to defend  myself  now, because  what                                                                    
     we're doing is unfair, is greedy  - and, by the way, we                                                                    
     get called greedy all the  time, too.  And I'm thinking                                                                    
     -  who gets  most of  the  money here  compared to  the                                                                    
     investment they make?  Are  we greedy for demanding for                                                                    
     our shareholders what they deserve?   And can we assign                                                                    
     the  term to  some other  partner of  ours and  saying,                                                                    
     "You know,  you're taking away  from those  single moms                                                                    
     with three  kids who are  sick at home today  and don't                                                                    
     know what  they are going  to do for the  next dollar."                                                                    
     And  they deserve  something better  than to  be called                                                                    
     greedy.                                                                                                                    
                                                                                                                                
     So, I  know we're  kind of dumping  on you  about this,                                                                    
     but you are  ... with AOGA, not just with  them, I mean                                                                    
     you're  important.   And you  get that  message to  any                                                                    
     thousands of people.   And I'm not sick of  all the ads                                                                    
     that  have  shown up,  but  I  kind  of smile  at  them                                                                    
     sometimes because  I recognize  that this group  here -                                                                    
     and  the building  at large  is responsible  for making                                                                    
     the  most significant  decision of  the decade  ... and                                                                    
     maybe because  many of  us were  here for  the previous                                                                    
     one,  that  we're  involved  in  the  most  significant                                                                    
     issues of the  decade for us -  declining production et                                                                    
     cetera, high oil prices et cetera.                                                                                         
                                                                                                                                
     And  ... we're  going to  make that  decision based  on                                                                    
     solid information  that we get.   But then  there's all                                                                    
     that stuff that goes out over  the air waves that's - I                                                                    
     don't want to  say it's hurtful -  but, it's inaccurate                                                                    
     and we don't respond with  a million dollar ad campaign                                                                    
     saying, "You  know, BP  did not  give us  these parks."                                                                    
     The oil  in the  ground gave  us the  money so  that BP                                                                    
     could get a share of that  money and then give a little                                                                    
     bit back  to the community.   I'll give you that.   But                                                                    
     sometimes  the  information  is out  there  that,  "You                                                                    
     know,  we're enjoying  these parks  because  of an  oil                                                                    
     company."  And I'm not  sure that's fair, because we're                                                                    
     enjoying the parks because of  the oil resource that we                                                                    
     own.  And  what we're doing is asking  the companies to                                                                    
     come out and say want to  make some money?  You want to                                                                    
     make some  good money?   Come on  out here,  bring some                                                                    
     drilling  rigs.     We'll  get  somebody   to  build  a                                                                    
     pipeline,  we'll ship  the oil,  and we'll  sell it  to                                                                    
     somebody  else.   And we'll  all make  money.   And not                                                                    
     that  we are  greedy for  asking a  share of  the money                                                                    
     since we started with the  oil and other people brought                                                                    
     in money and made a considerable amount of money.                                                                          
                                                                                                                                
     And, I'm  going to  apologize for all  of this,  but at                                                                    
     some point,  certainly as the  week drags on,  I really                                                                    
     would like you  to understand our position on  this.  I                                                                    
     feel sometimes we're  taken to be a little  bit slow in                                                                    
     that you  make some accusations, we  don't respond, you                                                                    
     make   some  more   accusations,   we  don't   respond.                                                                    
     Because,  even though  we don't  believe  them, and  we                                                                    
     hope  lots  of  people don't  believe  them,  sometimes                                                                    
     responding just  creates ill will  and then we  start a                                                                    
     war in  the media about who  said what.  And  I want to                                                                    
     thank my colleagues that we don't do that.                                                                                 
                                                                                                                                
2:26:46 PM                                                                                                                    
                                                                                                                                
MS.  CROCKETT said  she agrees  with a  lot of  the points  Chair                                                               
Gatto raised but  said AOGA's advertising that  has occurred over                                                               
the past month has had one goal,  that being to give the public a                                                               
heads-up  that  the  number  one issue  facing  Alaska  today  is                                                               
declining production.   Therefore, it is important  to strike the                                                               
balance Representative Rose just spoke to.                                                                                      
                                                                                                                                
2:28:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    GUTTENBERG    admitted    he    finds    AOGA's                                                               
advertisements to be offensive.  He  noted last year at the close                                                               
of the session, Mr. Hosie, a  successful oil and gas attorney and                                                               
successful  litigant  against  the   [oil]  industry,  talked  to                                                               
legislators  about  the obligations  under  the  contracts.   The                                                               
state owns the oil and gas.   It is not a producer, developer, or                                                               
construction outfit.  When the  state enters into a contract with                                                               
a  successful bidder,  they get  87.5 percent  of the  royalties;                                                               
they  are  then  obligated  to  look out  for  the  state's  best                                                               
interest, no  their own.   That only  happens when folks  come in                                                               
and convince legislators that it  is more important to change the                                                               
tax structure and give tax breaks.                                                                                              
                                                                                                                                
He surmised if the industry was  looking out for the state's best                                                               
interest in  the long  term, the  state would  not be  looking at                                                               
such   a  steep   decline  in   production  because   maintaining                                                               
production is  in the state's best  interest.  He said  the state                                                               
has  been  encouraging  more exploration,  development,  and  new                                                               
technologies for  the last 20 years.   Had the industry  lived up                                                               
to  its  end  of  the   bargain,  nobody  would  be  having  this                                                               
discussion  today.   Alaska could  have  been the  leader in  oil                                                               
technologies,  but it  is  not.   He  agreed  with Chair  Gatto's                                                               
comments  about  the  partnership  but  said  he  has  found  the                                                               
relationship to be disappointing in  many ways because it has not                                                               
always been above board.                                                                                                        
                                                                                                                                
2:32:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  pointed  out   the  two  basic  ways  to                                                               
distribute  the oil  wealth are  through taxation  and jobs.   He                                                               
said the  state needs its  fair share but  it also needs  to keep                                                               
people employed.   He said he does not believe  the importance of                                                               
the employment issue has been  discussed and should be considered                                                               
in the balance.                                                                                                                 
                                                                                                                                
2:33:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON said  as she  listens  to all  of the  oil                                                               
companies now, she recalls how  the same industry representatives                                                               
said the PPT would cause all  kinds of problems when it was first                                                               
adopted.  Now  they are saying it  is wonderful.  She  said it is                                                               
all relative.   Now they are  asking legislators to keep  the PPT                                                               
and not  adopt ACES.   She understands their positions  but finds                                                               
the situation to be ironic.                                                                                                     
                                                                                                                                
2:35:08 PM                                                                                                                    
                                                                                                                                
MR. WILLIAMS  said he doesn't  want to respond to  the statements                                                               
that were made  as such because, as Chair Gatto  said, a response                                                               
can sometimes  be counterproductive.   He noted in  a fundamental                                                               
sense, the  industry is repeating what  it said last year  - that                                                               
somewhere between a tax system  where the state takes nothing and                                                               
where it takes 100 percent is a  sweet spot.  AOGA said last year                                                               
it  thought PPT  overshot the  mark; it  is now  saying the  same                                                               
thing.   AOGA's point  is that  a sweet spot  exists and  AOGA is                                                               
telling  legislators where  it sees  that spot.   That  spot must                                                               
consider the trade-off  between jobs today and  jobs tomorrow and                                                               
revenue today and revenue tomorrow.   At the end of the day, that                                                               
point is  the legislature's decision and  everyone respects that.                                                               
No one means  to demean that or  the difficulty of the  task.  He                                                               
said industry  representatives are  urging legislators to  get to                                                               
that spot, despite the rhetoric.                                                                                                
                                                                                                                                
2:37:36 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO asked what the advertisements are saying.                                                                           
                                                                                                                                
MR. WILLIAMS said he did not know.                                                                                              
                                                                                                                                
2:37:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON agreed  with Mr. Williams' characterization                                                               
of the  situation.  He  said the discussion confuses  him because                                                               
it  appears the  progressivity  theory gets  both  the state  and                                                               
producers to the  sweet spot.  He asked if  AOGA does not support                                                               
progressivity but  agrees in  concept that  the state  should get                                                               
more  on  the upper  end  when  the  producers are  getting  more                                                               
profit,  and conversely  both share  at  the lower  end when  oil                                                               
prices dip.   He  asked what  AOGA would support  if it  does not                                                               
support progressivity.                                                                                                          
                                                                                                                                
2:38:30 PM                                                                                                                    
                                                                                                                                
MS.  CROCKETT said  AOGA's position  is  that PPT  should not  be                                                               
changed.  It  contains a progressivity piece,  something AOGA did                                                               
not  support last  year,  but  it is  current  state  law.   AOGA                                                               
believes  the  system in  place  today  provides the  sweet  spot                                                               
mentioned.                                                                                                                      
                                                                                                                                
2:39:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON asked why  Ms. Crockett's written statement                                                               
says the  asymmetry makes the  progressivity so  objectionable to                                                               
the industry.                                                                                                                   
                                                                                                                                
2:39:16 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT  said AOGA  supports the PPT  in force  today, which                                                               
has a progressivity feature in it.   She said AOGA doesn't really                                                               
like progressivity as a general  concept, but that is immaterial.                                                               
The fact  is the state  law contains a progressivity  feature and                                                               
AOGA is  willing to live  with that law.   It does not  want that                                                               
increased.                                                                                                                      
                                                                                                                                
2:39:45 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO noted Ms. Crockett's  opening page says AOGA requires                                                               
a 6/6  vote to adopt a  tax policy -  that being no dissent.   He                                                               
asked  if  the  entire  AOGA tax  policy  committee  accepts  the                                                               
progressivity clause  in the current  PPT law, but objects  to it                                                               
in  ACES,  he  would  assume  the  entire  committee  objects  to                                                               
progressivity.                                                                                                                  
                                                                                                                                
2:40:28 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT  explained the progressivity clause  is an increased                                                               
tax in the ACES legislation.                                                                                                    
                                                                                                                                
CHAIR GATTO asked  if the entire tax policy  committee objects to                                                               
progressivity in the ACES legislation.                                                                                          
                                                                                                                                
MS. CROCKETT  said that  would depend  on what  the progressivity                                                               
contained  in it.    She said  AOGA  is living  with  a tax  that                                                               
contains a  progressivity feature;  its members have  agreed that                                                               
tax should not  be changed.  However, when you  get into changing                                                               
bits and pieces of it, AOGA has  to step back and make a judgment                                                               
call on whether  it likes or dislikes the proposed  changes.  She                                                               
repeated AOGA's position is that PPT should not be changed.                                                                     
                                                                                                                                
2:41:35 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO   said  no   one  considers   Ms.  Crockett   to  be                                                               
disagreeable  but when  the committee  reads  something in  print                                                               
that requires  AOGA members to  support it, members must  ask the                                                               
tough  questions and  AOGA must  "slug  it out"  and support  its                                                               
statements.   Those  exchanges provide  a  golden opportunity  to                                                               
take the legislature's message back  to the association that some                                                               
statements  need to  be clarified.   He  questioned whether  AOGA                                                               
does  not  support  any  amount  of  progressivity  in  the  ACES                                                               
legislation.                                                                                                                    
                                                                                                                                
2:45:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH said she  appreciates the difficulty of                                                               
representing  so many  industries  within AOGA.    She noted  Ms.                                                               
Crockett  was   the  benefactor  of  an   earlier  discussion  on                                                               
progressivity and gross  and net tax and how important  it is for                                                               
each  legislator to  represent their  districts and  all Alaskans                                                               
and that the  commonality is that everyone wants to  do the right                                                               
thing for Alaskans and the state.                                                                                               
                                                                                                                                
2:47:15 PM                                                                                                                    
                                                                                                                                
MS. CROCKETT told  members AOGA is concerned that  the House bill                                                               
before the committee does not  meet the fit for purpose standard.                                                               
AOGA is  also concerned  about the decline  of production.   AOGA                                                               
hopes  the  legislature  continues  to  strive  for  the  balance                                                               
discussed  during  the meeting.    She  thanked members  for  the                                                               
opportunity to testify.                                                                                                         
                                                                                                                                
2:48:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  said  his  point was  that  he  finds  the                                                               
producers' comments about their partnership  with the state to be                                                               
a  bit disingenuous  when  they say  they have  made  all of  the                                                               
investments and  taken all  of the  risk.   He repeated  the word                                                               
"all" bothers him because the state shares in that risk.                                                                        
                                                                                                                                
2:49:18 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO congratulated  Ms.  Crockett on  her appointment  to                                                               
AOGA's  executive   director  position  and  apologized   if  his                                                               
comments were aggressive.  He  repeated the frontal conversations                                                               
must occur.                                                                                                                     
                                                                                                                                
MS.  CROCKETT  informed  members   a  staff  member  from  AOGA's                                                               
production department is available to answer questions.                                                                         
                                                                                                                                
The committee took an at-ease from 2:51:13 PM to 3:08:38 PM.                                                                
                                                                                                                                
3:08:51 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO  reconvened  the  meeting  and  announced  that  the                                                               
committee received  a written response  from Marcia Davis  of DOR                                                               
to a committee member's question.                                                                                               
                                                                                                                                
3:09:49 PM                                                                                                                    
                                                                                                                                
PAT  FOLEY,  Manager  of  Lands  and  External  Affairs,  Pioneer                                                               
Natural  Resources Alaska,  told  members he  would  like to  re-                                                               
familiarize them  with Pioneer as  a corporate entity and  give a                                                               
status update of  its projects in Alaska.  He  then said he would                                                               
address  the existing  PPT legislation.   [Mr.  Foley's testimony                                                               
accompanied a PowerPoint presentation.]                                                                                         
                                                                                                                                
3:10:20 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  said Pioneer  would like the  committee to  resist the                                                               
temptation to makes changes to  the existing tax legislation.  He                                                               
noted,  in regard  to previous  questions about  how quickly  the                                                               
industry can react,  he would liken the industry  to a steamship.                                                               
It cannot start, stop, or turn on  a dime, he noted.  He said PPT                                                               
is  a tax  system that  will motivate  investment but  it is  too                                                               
early to  see any behavioral  changes from  that tax policy.   He                                                               
submitted it may take several years to see any changes.                                                                         
                                                                                                                                
3:11:24 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY  informed  members  that   Pioneer  is  a  large  U.S.                                                               
independent with operations  in Alaska and the  "Lower 48," which                                                               
is its  breadbasket.  Pioneer does  a lot of work  in Texas, both                                                               
oil and  gas onshore, and  has large  coal bed methane  assets in                                                               
the  Raton Basin  [in Colorado]  and  it does  business in  South                                                               
Africa and Indonesia.                                                                                                           
                                                                                                                                
3:11:51 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO  asked Mr.  Foley  to  clarify whether  his  company                                                               
replaced the  Evergreen Resources operation in  the Mat-Su Valley                                                               
and, if so, to summarize the transition.                                                                                        
                                                                                                                                
3:12:18 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY  told  members  his   company  did  acquire  Evergreen                                                               
Resources,  primarily   for  its  coal  bed   methane  assets  in                                                               
Colorado.   Evergreen's  Alaska  business did  not fit  Pioneer's                                                               
business model so, when it  took over, it surrendered Evergreen's                                                               
leases within a year.                                                                                                           
                                                                                                                                
3:12:54 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  asked if Pioneer  obtained some leases on  the other                                                               
side of the Castle Mountain fault.                                                                                              
                                                                                                                                
3:12:57 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  said it did not.   He explained another  company named                                                               
Pioneer Oil  came in and placed  bids on some of  those leases as                                                               
soon as Pioneer Natural Resources Alaska surrendered them.                                                                      
                                                                                                                                
3:13:36 PM                                                                                                                    
                                                                                                                                
MR. FOLEY jested  his company is the little  company spending all                                                               
the money on the North Slope right now.                                                                                         
                                                                                                                                
3:13:52 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY  told members  Pioneer  Natural  Resources Alaska  has                                                               
about  1600   employees  worldwide,  most  are   located  in  its                                                               
headquarters outside  of Dallas.   In 2006 its revenue  was about                                                               
$1.6  billion.    Its  market  cap  is  about  $6  billion.    In                                                               
comparison, ExxonMobil's market cap is about $500 billion.                                                                      
                                                                                                                                
3:14:46 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  said Pioneer  entered the state  in 2003  and acquired                                                               
some leases.   Pioneer drilled three exploration  wells that have                                                               
led to its  Oooguruk development - Pioneer's  flagship project on                                                             
the North Slope.  It has  a 70 percent interest in that operation                                                               
and  is partnered  with ENI,  the Italian  national oil  company.                                                               
Pioneer is also  working on another project in  Cook Inlet called                                                               
Cosmopolitan  in  Anchor Point.    That  resource was  discovered                                                               
decades ago.  Pioneer has acquired  100 percent of the leases; it                                                               
has an appraisal  rig working at that location today.   It should                                                               
finish drilling very  soon and then spend  several months testing                                                               
the well.   Hopefully that will lead to another  development.  He                                                               
noted that Cosmopolitan is roughly  similar in scope and scale to                                                               
its project on the North Slope.                                                                                                 
                                                                                                                                
3:16:07 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  asked if that project  is similar to an  on-land oil                                                               
platform.                                                                                                                       
                                                                                                                                
3:16:09 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY said  that  is a  very  good analogy;  it  is on  land                                                               
although  the resource  lays offshore,  as  far as  3+ miles,  so                                                               
Pioneer's entire development plan  would be onshore drilling with                                                               
extended reach   wells.  He  said Pioneer is also  an exploration                                                               
company.   It  owns  about 1.5  million net  acres  on the  North                                                               
Slope,  the  vast  majority  of  it  is in  NPR-A.    It  has  an                                                               
exploration  joint venture  with  Conoco  Phillips and  Anadarko.                                                               
Since  Pioneer entered  the  state, it  has  participated in  the                                                               
drilling  of 11  exploration  wells.   He  told  members, "To  be                                                               
frank,  we  haven't  hit  the  ball out  of  the  ballpark  yet."                                                               
Oooguruk  was   originally  a  well   that  targeted   a  Kuparuk                                                               
formation.   That  well  failed  in that  target  but a  Jurassic                                                               
resource  was discovered,  which  is the  focus  of the  Oooguruk                                                               
development.   The resource did  not lie upon the  leases Pioneer                                                               
drilled; the vast majority was  on adjacent lands owned by Conoco                                                               
Phillips.   Through a  series of  transactions, Pioneer  now owns                                                               
them.  Pioneer employs 35 people in Alaska.                                                                                     
                                                                                                                                
3:17:50 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  discussed a  statistical summary  of what  Oooguruk is                                                               
all about, and  characterized it is an oil play.   Pioneer is the                                                               
operator with  a 70 percent  interest; its  partner ENI has  a 30                                                               
percent interest.   The resource  is in the 70-90  million barrel                                                               
range.   Pioneer  has been  working  on the  project for  several                                                               
years and  if all goes well,  production will begin in  2008.  It                                                               
will produce about  15,000 barrels per day at its  peak and has a                                                               
25 year field life.                                                                                                             
                                                                                                                                
3:18:34 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO noted  Alaska will  have oil  for a  long time.   He                                                               
asked if Pioneer's  Cook Inlet area is a good  one because it has                                                               
a high likelihood of success.                                                                                                   
                                                                                                                                
3:18:37 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY  said the  Chair's  question  is actually  focused  on                                                               
exploration.    Cosmopolitan  is  a  discovered  resource.    The                                                               
original   well  was   drilled  several   decades  ago   but  was                                                               
uneconomical to develop  at that time.  Pioneer has  not yet made                                                               
a development commitment but it is on the "radar screen."                                                                       
                                                                                                                                
3:18:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  asked what  will  become  of the  Kuparuk                                                               
island when the project is complete.                                                                                            
                                                                                                                                
3:19:45 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY told  members  the island  consists  of 500,000  cubic                                                               
yards of gravel  that sits in 5  feet of water.  The  edge of the                                                               
island is made  from 4 cubic yard gravel bags  that provide slope                                                               
protection and prevent erosion.  At  the end of project life, the                                                               
bags will be removed and it  will be abandoned in accordance with                                                               
the state's resource agencies at that  time.  It is possible that                                                               
the best abandonment  plan will be to leave it  intact and let it                                                               
erode naturally.                                                                                                                
                                                                                                                                
3:20:38 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  asked about  an abandonment plan  known as  the Cook                                                               
Inlet hotel.   He asked  if any other use  exists for a  piece of                                                               
land so beautifully isolated other than to abandon it.                                                                          
                                                                                                                                
3:21:05 PM                                                                                                                    
                                                                                                                                
MR. FOLEY pointed  out that Oooguruk is in the  Beaufort Sea, not                                                               
in Cook Inlet.                                                                                                                  
                                                                                                                                
CHAIR GATTO  recalled he was  thinking of the on-land  Cook Inlet                                                               
project.                                                                                                                        
                                                                                                                                
MR.  FOLEY said  Pioneer sanctioned  Oooguruk  in 2006.   It  has                                                               
constructed a  gravel island,  set modules  on the  platform, and                                                               
installed a buried subsea flow line.   Pioneer is weeks away from                                                               
beginning  a 3-year  development program  and very  proud of  its                                                               
accomplishments there.  It bought  the leases in 2002 and drilled                                                               
exploration  wells.   Hopefully oil  will be  flowing in  2008 so                                                               
that in a 5-year timeframe, it  will have gone from first well to                                                               
production.                                                                                                                     
                                                                                                                                
3:22:34 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY said  during the  past  winter, Pioneer  had over  600                                                               
contractors working on its project  on the North Slope [Slide 6].                                                               
The  total  capital  investment  in that  project  will  be  $550                                                               
million plus.   He noted the benefits of a  project like Oooguruk                                                               
are  tax dollars,  jobs, and  state income  taxes.   It also  has                                                               
intangible benefits.   Pioneer will be the  first independent oil                                                               
producer  on the  North Slope.   It  will enter  into a  facility                                                               
access agreement with the Kuparuk  River Unit making it the first                                                               
third  party  owners  to rely  upon  existing  infrastructure  to                                                               
process its  crude.  A  number of companies are  watching closely                                                               
to  see if  this endeavor  is successful.   Pioneer's  leases are                                                               
unique  in that  they have  a  net profit  component, meaning  30                                                               
percent of net profits are paid to the state.                                                                                   
                                                                                                                                
3:23:40 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  discussed slide 7,  which refers to government  take -                                                               
the  piece  of  the  profit  that the  government  enjoys.    The                                                               
reciprocal is the  company take, the share kept  by the investor.                                                               
He said the punch line is  that government take is dependent upon                                                               
costs and burdens.                                                                                                              
                                                                                                                                
3:24:58 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY referred  to a  book authored  by Daniel  Johnston, an                                                               
esteemed academic who  testified before the legislature.   One of                                                               
Mr.  Johnston's books  details  different  elements of  petroleum                                                               
fiscal  systems.   In that  book he  highlights the  simple point                                                               
that high cost fields have  a differentially high government take                                                               
if a royalty component is included.                                                                                             
                                                                                                                                
3:25:31 PM                                                                                                                    
                                                                                                                                
MR. FOLEY focused on the first  two columns of the chart and told                                                               
members he normalized everything at  100.  A royalty that behaves                                                               
as a  gross tax  comes right  off the  top.   Most leases  in the                                                               
state are 1/8th  royalty.  All of the newer  leases have a higher                                                               
royalty rate,  most are 1/6,  and a  few scattered leases  have a                                                               
net profit component.                                                                                                           
                                                                                                                                
MR. FOLEY said  to calculate one would subtract  the royalty from                                                               
100 to get  the net revenue.   The next task is  to remove costs.                                                               
To differentiate the high from the  low, he assumed costs were 20                                                               
percent of  the gross revenue.   The high end costs  were assumed                                                               
to be 50  percent.  He said Mr. Johnston  highlighted the Gulf of                                                               
Mexico  in  his  book,  which provides  a  much  simpler  example                                                               
because those  operations are  not subject  to state  income tax,                                                               
property tax, a PPT, etc.                                                                                                       
                                                                                                                                
3:26:48 PM                                                                                                                    
                                                                                                                                
MR. FOLEY explained  that once costs are deducted,  the result is                                                               
a taxable net  income.  Then the  state would take its  taxes - a                                                               
state income tax, a PPT tax,  and a federal income tax deduction.                                                               
The AFIT is  what remains after everything is paid.   The company                                                               
take would  amount to the piece  of the pie left  over divided by                                                               
the sum  of gross  revenue minus  costs.  The  low cost  would be                                                               
28.3 divided by 80 (100-20).   The divisor in the high cost would                                                               
be 50 percent, in the form of costs.                                                                                            
                                                                                                                                
3:28:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH questioned  why the  chart shows  a $1                                                               
difference between the high and low property tax.                                                                               
                                                                                                                                
3:28:12 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  said there is a  difference between the high  and low.                                                               
Property tax is  a function of depreciated capital,  similar to a                                                               
percentage of the assessed value of a house.                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  questioned  whether the  higher  cost                                                               
would be due to a higher cost of infrastructure.                                                                                
                                                                                                                                
MR. FOLEY said that is correct.                                                                                                 
                                                                                                                                
3:28:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked what the  numbers look like  when you                                                               
start  adding credits  back for  exploration.   He  asked if  the                                                               
whole  dynamic would  change as  the percentages  would start  to                                                               
shift toward the contractor.                                                                                                    
                                                                                                                                
3:29:13 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY  said  it  would  and  that  he  made  an  attempt  to                                                               
incorporate credits  in this analysis.   The number under  PPT is                                                               
28  percent, which  equals 22.5  percent plus  the progressivity.                                                               
For the  purpose of  this calculation, he  assumed 30  percent of                                                               
the total cost.   Then, he credited back 30  percent of the total                                                               
cost  of  capital investment  so  the  PPT  is credited  with  20                                                               
percent  of the  assumed capital.   He  stressed the  numbers are                                                               
hypothetical  but this  model has  attempted  to incorporate  the                                                               
credits so the PPT payment shown is net of credits.                                                                             
                                                                                                                                
3:30:37 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  asked if 30  percent of the cost  represents capital                                                               
investment.                                                                                                                     
                                                                                                                                
3:30:46 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY said  that is  just  an example;  it may  be that  the                                                               
typical  project will  have a  percent of  total costs  to be  50                                                               
percent  operating  and  50 percent  capital,  eligible  for  PPT                                                               
credits.                                                                                                                        
                                                                                                                                
3:31:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES asked about the PPT tax rate.                                                                              
                                                                                                                                
3:31:30 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  said it  is 22.5,  but under existing  PPT there  is a                                                               
progressive element  that has both  a trigger point and  a slope.                                                               
He thought that to be 2/10ths of a percent per dollar.                                                                          
                                                                                                                                
3:32:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES clarified  it is 2/10 percent on  the net so                                                               
that  operating  and  capital expenses  are  removed  before  the                                                               
progressivity kicks  in.  He  pointed out that Mr.  Foley's chart                                                               
goes from  22.5 to 28 percent,  which means that the  5.5 percent                                                               
increase  should  have  decreased  if  credits  were  taken  into                                                               
account.                                                                                                                        
                                                                                                                                
3:32:35 PM                                                                                                                    
                                                                                                                                
MR. FOLEY replied:                                                                                                              
                                                                                                                                
     ...   Again, the  28 percent  is not -  if you  were to                                                                    
     open this up as a  workbook, you'd see that this number                                                                    
     - 17  - is not 28  percent of taxable income.   It's 28                                                                    
     percent of taxable  income but there is  also a credit.                                                                    
     I  think the  number  actually calculated  at  19 or  a                                                                    
     number  like that  - I  don't recall  exactly -  but it                                                                    
     takes  into account  the credits  that  you'd enjoy  by                                                                    
     making a capital  investment.  We just  selected - your                                                                    
     capital investment will be roughly 30 percent costs.                                                                       
                                                                                                                                
3:33:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES asked to see that breakdown later.                                                                         
                                                                                                                                
3:33:35 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  clarified that  his point  is that  high cost  and low                                                               
cost fields have different company takes.                                                                                       
                                                                                                                                
3:33:53 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY said  the column  on the  right illustrates  a project                                                               
with a  30 percent net  profit component.   He tried to  keep the                                                               
other  variables the  same.    He explained  that  under the  net                                                               
profit  system an  additional 10  percent is  paid to  the state,                                                               
which  affects the  government take  and  increases it  up to  80                                                               
percent in this example.   If the debate is about  what is a fair                                                               
and equitable share,  not every field has the  same fiscal regime                                                               
if  you want  to implement  a  constant fair  and equitable  take                                                               
across all investments.                                                                                                         
                                                                                                                                
3:35:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON asked  if the  net income  was derived  by                                                               
dividing the  28.30 by 80.   She  asked if others  needed further                                                               
explanation.                                                                                                                    
                                                                                                                                
3:35:28 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  said the  committee would work  through and  reach a                                                               
conclusion  and  that  Representative  Fairclough  would  explain                                                               
later.                                                                                                                          
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH replied:                                                                                              
                                                                                                                                
     Mr.  Chairman, absolutely  not.   I  think  there is  a                                                                    
     variable  of  assumptions  up there  that  are  already                                                                    
     being  challenged and  so we  need to  take it  just as                                                                    
     illustrative to understand that  all of those variables                                                                    
     -  which we  could go  back and  challenge.   There's a                                                                    
     different  assumption  -  well,  it  may  be  the  same                                                                    
     assumption  but there's  an assumption  on the  cost of                                                                    
     the  assets  or value  of  the  assets and  there's  an                                                                    
     assumption   on   some   credits  that   our   resident                                                                    
     mathematician  has pointed  out that  we might  not all                                                                    
     agree so I think  that we need to take it  as it is and                                                                    
     continue.                                                                                                                  
                                                                                                                                
3:36:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON said  he also  has some  questions on  the                                                               
mathematics of  the high cost  of low  gas but thought  Mr. Foley                                                               
was trying  to illustrate that  the bid  taken with a  30 percent                                                               
profit  sharing program  would have  a different  government take                                                               
than  the standard  operation across  the slope.   He  questioned                                                               
whether  the difference  between  the right-hand  column and  the                                                               
other two  is that the  government take for the  Oooguruk project                                                               
with a contract  with a 30 percent net profit  share is different                                                               
than for normal fields across Alaska.                                                                                           
                                                                                                                                
3:37:18 PM                                                                                                                    
                                                                                                                                
MR. FOLEY said that is correct.   He said the simple point is the                                                               
government take is affected by  cost and affected dramatically if                                                               
a net profit  component is involved.  The government  take is the                                                               
highest when there  is a high cost development with  a net profit                                                               
component.   He added that  although Oooguruk is  not represented                                                               
exactly, it is very similar to the right column.                                                                                
                                                                                                                                
3:38:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  asked  whether   that  entity  with  which                                                               
Pioneer  negotiated  agreement  with   the  state  for  the  well                                                               
mentioned will be affected by changes to the taxation policy.                                                                   
                                                                                                                                
3:38:34 PM                                                                                                                    
                                                                                                                                
MR. FOLEY said that is incorrect.   Pioneer has a contract and an                                                               
oil  and gas  lease with  a royalty  component and  a net  profit                                                               
component and it is subject to PPT and state income tax laws.                                                                   
                                                                                                                                
REPRESENTATIVE ROSES asked if that additional.                                                                                  
                                                                                                                                
MR. FOLEY affirmed that is correct.                                                                                             
                                                                                                                                
3:39:07 PM                                                                                                                    
                                                                                                                                
MR. FOLEY continued  with slide 8, which describes  where the net                                                               
profit  leases are  located.   Some are  located in  the Colville                                                               
River Unit;  4 of the leases  in Oooguruk are net  profit leases;                                                               
Nikaichuq;  some  are  close  to   Duck  Island.    This  graphic                                                               
representation shows the net rates.                                                                                             
                                                                                                                                
3:40:08 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY showed  slide 9,  which differentiates  the leases  by                                                               
operator on the same map.                                                                                                       
                                                                                                                                
3:40:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  asked if  Pioneer  does  not want  a  net                                                               
profit situation.                                                                                                               
                                                                                                                                
3:41:09 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  said the legislature  is considering a tax  change and                                                               
the basis  of that  change is  for the  state to  get a  fair and                                                               
equitable share.  He submitted  on North Slope projects that have                                                               
a net profit  component, the government take today  is 80 percent                                                               
so those projects simply cannot afford to pay an increased tax.                                                                 
                                                                                                                                
3:41:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked  what the benefit is  and why anyone                                                               
would enter into a lease that pays more.                                                                                        
                                                                                                                                
3:42:13 PM                                                                                                                    
                                                                                                                                
MR. FOLEY answered  the State of Alaska had  numerous lease sales                                                               
in the  1960s.  All  of the original  sales had a  1/8th royalty.                                                               
In the  early 1980s, oil  prices were  high so the  state started                                                               
offering leases that had a net  profit with the royalty.  Most of                                                               
those  leases  never  got developed  because  the  difficulty  of                                                               
administering that  type of lease  is fairly high.   Stacked next                                                               
to a lease with a 30 percent  net profit, it is the lease without                                                               
the net  profit that would  attract the investment dollars.   The                                                               
state had 3  or 4 sales with  net profits and then  returned to a                                                               
flat 1/8th royalty or a 1/6th royalty.                                                                                          
                                                                                                                                
3:43:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  about  the amount  of  oil  being                                                               
produced out  of the net  profit leases  and where they  exist in                                                               
the history of an oil project.                                                                                                  
                                                                                                                                
3:43:37 PM                                                                                                                    
                                                                                                                                
MR. FOLEY pointed  to a red block  on the far left of  the map on                                                               
slide 9 that contains leases in  the Colville River Unit.  He did                                                               
not know  if production is  allocated to  those leases.   He told                                                               
members the  Department of Revenue  publishes a report  of income                                                               
from  net  profit  leases  that  would  contain  the  information                                                               
Representative  Johnson  is looking  for.    He pointed  out  the                                                               
Oooguruk leases  are colored  pink; they  are net  profit leases.                                                               
He did not know whether production  is allocated to leases on the                                                               
northern end of the Kuparuk River  unit.  He said Milne Point and                                                               
Duck Island have some net profit  leases.  All of the leases that                                                               
are still in  existence today with a net  profit component either                                                               
have  a certified  well  that holds  them or  they  are within  a                                                               
producing unit, otherwise they would have expired years ago.                                                                    
                                                                                                                                
3:44:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  what the  effect of  excluding net                                                               
profit leases from this legislation would be.                                                                                   
                                                                                                                                
3:45:13 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY   said  Pioneer   would  be   thrilled  as   it  would                                                               
dramatically improve the economics of its projects.                                                                             
                                                                                                                                
3:45:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  if  that  would equalize  projects                                                               
across the slope but not give Pioneer a benefit.                                                                                
                                                                                                                                
3:45:35 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  said it would  put Pioneer  on a level  playing field.                                                               
He stated:                                                                                                                      
                                                                                                                                
     For absolute  disclosure here, Pioneer also  has sought                                                                    
     and  we   have  received  royalty  reduction   for  our                                                                    
     project, so  for a  period of  time, our  royalty falls                                                                    
     down to  5 percent and  then escalates.  The  reason it                                                                    
     does is  our project  is marginal.   It would  not have                                                                    
     been funded  in a low  price world and because  of this                                                                    
     additional burden of net profit, it was uneconomic.                                                                        
                                                                                                                                
3:46:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked if Pioneer would be better off with                                                                
a 5 percent reduction in royalty or with a net profits lease and                                                                
the 5 percent reduction.                                                                                                        
                                                                                                                                
3:46:29 PM                                                                                                                    
                                                                                                                                
MR. FOLEY replied that Pioneer would trade its royalty reduction                                                                
for the elimination of net profit in a heartbeat.                                                                               
                                                                                                                                
3:46:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH added:                                                                                                
                                                                                                                                
     In  response   to  Representative  Johnson's   line  of                                                                    
     thought,  the  advantage  is  that  this  acts  like  a                                                                    
     license and  the licensee  knew that  there was  a fine                                                                    
     [line] there that was uneconomical  to develop and went                                                                    
     in and developed that knowingly,  and we had a previous                                                                    
     owner that received  benefit or a lack  of benefit when                                                                    
     they  had to  go  sell the  property  under those  same                                                                    
     terms.  And so, there  could be said that whoever owned                                                                    
     the lease  prior to  the current  ownership took  a net                                                                    
     loss  with  those conditions  over  the  course of  the                                                                    
     years that were  applied on to it.  And  so, while I do                                                                    
     recognize  the value  of your  questioning and  what it                                                                    
     would  do   for  the  State  of   Alaska  to  encourage                                                                    
     development  and exploration  and  production of  those                                                                    
     wells,  we should  be careful  in  our thought  process                                                                    
     before  we move  forward  on that  without speaking  to                                                                    
     legal  counsel as  to the  litigation  that might  come                                                                    
     forward afterwards.   It certainly is  within our power                                                                    
     to  change the  taxing policy  but there  are contracts                                                                    
     out   there  with   other  explorers   that  would   be                                                                    
     implicated with  that type  of a  decision -  but being                                                                    
     treated  in a  different manner  also.   It depends  if                                                                    
     they're the original holder of the lease.                                                                                  
                                                                                                                                
3:48:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON said he would like  to find a way to level                                                               
the playing field for small producers.                                                                                          
                                                                                                                                
3:48:29 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  said his point  is a project  with a heavy  net profit                                                               
can't  afford additional  tax burden.    He said  Pioneer is  not                                                               
specifically asking the legislature  to reconsider its net profit                                                               
interest; however he'd be pleased if it did.                                                                                    
                                                                                                                                
3:48:49 PM                                                                                                                    
                                                                                                                                
MR. FOLEY moved  to slide 10, which pertains to  the existing PPT                                                               
legislation.   When Pioneer entered  the state, it  spent roughly                                                               
$100 million  between its first  investment and the time  PPT was                                                               
enacted.  Pioneer  sanctioned its Oooguruk project  prior to PPT.                                                               
Pioneer  views  PPT as  durable,  equitable,  and balanced.    He                                                               
explained that PPT is a tax  increase over ELF but the benefit of                                                               
the  credits  for  smaller,  more   marginal  projects  is  huge.                                                               
Pioneer is taking PPT credits  into effect when making investment                                                               
decisions.    He  thought  the  new  explorers  trying  to  drill                                                               
exploration wells are doing so too.   He believes the credits are                                                               
an indication of a true partnership.                                                                                            
                                                                                                                                
3:50:22 PM                                                                                                                    
                                                                                                                                
MR. FOLEY told  members the state is an investor  in this project                                                               
under PPT and the credit program.                                                                                               
                                                                                                                                
3:50:36 PM                                                                                                                    
                                                                                                                                
MR. FOLEY said  when Pioneer entered Alaska, it  was attracted by                                                               
the prolific petroleum  system.  When it  started its exploration                                                               
program here, it found all  of its resources, although large, are                                                               
challenged, either by viscosity,  location, oil quality, or size.                                                               
The  odds are  Pioneer's finds  will be  less attractive  than it                                                               
hoped.   The  PPT  and  credits enable  marginal  projects to  go                                                               
forward.                                                                                                                        
                                                                                                                                
3:52:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  if  manmade  obstacles,  such  as                                                               
access  to  the pipeline,  will  make  putting  oil in  the  pipe                                                               
problematic.                                                                                                                    
                                                                                                                                
3:52:53 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  told members a  basin goes through a  natural maturity                                                               
process.    It is  typical  for  large  companies to  make  early                                                               
investments.   Similar  to the  Gulf of  Mexico, he  believes the                                                               
North  Slope  oil  basin  will  undergo a  change  in  which  the                                                               
activities of  larger companies will decrease  and the activities                                                               
of smaller  companies will  grow.   Pioneer has  been negotiating                                                               
for  facility access  with the  Kuparuk River  unit for  facility                                                               
access into its fields.                                                                                                         
                                                                                                                                
3:53:47 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY informed  members Pioneer  has avoided  making capital                                                               
investments to build its own  production facilities.  Instead, it                                                               
is going  to lease  capacity from  the Kuparuk  River unit.   The                                                               
agreement is  not yet signed but  he is 100 percent  confident it                                                               
will be and allow Pioneer to  stay on schedule and have first oil                                                               
in 2008.                                                                                                                        
He explained that  TAPS is the Kuparuk River pipeline  - they are                                                               
common  carrier  open  access   lines,  which  simply  means  the                                                               
pipeline has to take any barrel.  It has a regulated tariff.                                                                    
                                                                                                                                
3:54:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  said  he  appreciates  that  what  Pioneer                                                               
expected to find was  not what it found.  He  asked if Pioneer is                                                               
planning to drill more wells.                                                                                                   
                                                                                                                                
3:55:09 PM                                                                                                                    
                                                                                                                                
MR. FOLEY said yes, Pioneer still  has 1.5 million acres gross on                                                               
the  North  Slope  and  has hopes  for  a  continued  exploration                                                               
program.                                                                                                                        
                                                                                                                                
3:55:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  asked  if  Pioneer  would  make  the  same                                                               
decision to purchase  its original leases, knowing  what it knows                                                               
today.                                                                                                                          
                                                                                                                                
3:56:04 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY  said he  cannot  answer  that question  without  more                                                               
thought.   He said the cost  environment on the North  Slope is a                                                               
bit  higher  than  it  expected and,  because  of  inflation  and                                                               
pressure on  the industry, costs are  even higher.  He  added the                                                               
price of  oil is also a  lot higher.  Regarding  tax policy, when                                                               
Pioneer  entered this  state,  it made  a  commitment to  develop                                                               
Oooguruk under  the old  ELF regime.   Under ELF,  Oooguruk would                                                               
have paid zero taxes.  Within  days of sanctioning the project, a                                                               
dramatic  tax change  under PPT  was announced.   He  pointed out                                                               
there are  cost and price  scenarios where Pioneer is  better off                                                               
under PPT than it was under ELF.                                                                                                
                                                                                                                                
3:57:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked, given the situation  under the House                                                               
Oil  and Gas  bill  -  not ACES,  would  Pioneer  make that  same                                                               
investment today.  He asked at  what point the state will provide                                                               
enough  incentives to  get  a  company like  Pioneer  to drill  a                                                               
marginal field.   He said  Mr. Foley's inability to  answer gives                                                               
the  public a  sense of  how difficult  it is  for the  committee                                                               
because it  is dealing  with hypothetical  numbers.   Although it                                                               
has  been  getting  more  accurate  information,  that  data  has                                                               
margins of error.                                                                                                               
                                                                                                                                
3:59:20 PM                                                                                                                    
                                                                                                                                
MR. FOLEY said he still is not  going to answer the question.  He                                                               
appreciates the  difficulty of the  legislature's task.   Pioneer                                                               
is  a  for-profit  company;  Pioneer's   task  is  simple  -  the                                                               
legislature  has to  look after  the state's  resources and  make                                                               
decisions that  are in  the best  interest of  Alaska's citizens.                                                               
He  noted as  taxes increase,  the investments  will wane  so the                                                               
question is how many investments the state is willing to forego.                                                                
                                                                                                                                
4:00:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said the committee is  actually looking at                                                               
a very  unique situation  in which  someone sanctioned  a project                                                               
that is  30 percent net profit  above PPT and went  forward.  The                                                               
discussion about  the change  in ACES involves  2.5 percent.   He                                                               
said he understands Mr. Foley's  concern about adding another 2.5                                                               
percent but ACES  would be 55 percent.  He  said the project with                                                               
the 30 percent net  profit is not a normal one,  but he feels the                                                               
committee should  consider a 2.5  percent increase under  ACES on                                                               
fields that already have the 30 percent net profit share.                                                                       
                                                                                                                                
4:02:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  pointed out  this project  was sanctioned                                                               
under zero taxes with a 30 percent profit.                                                                                      
                                                                                                                                
4:03:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  questioned whether  Representative Johnson                                                               
is saying Pioneer would be willing  to trade PPT for a 30 percent                                                               
net profits tax.                                                                                                                
                                                                                                                                
REPRESENTATIVE  JOHNSON said  he misspoke;  his point  is it  was                                                               
sanctioned under a zero tax.                                                                                                    
                                                                                                                                
4:03:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  said she  recognizes the  zero percent                                                               
but  it was  followed up  by a  PPT and  the investment  credits,                                                               
which made  it even more  beneficial.   She noted the  old leases                                                               
present  an  interesting  dilemma when  considering  whether  the                                                               
legislature's  actions   today  will  make  them   more  or  less                                                               
economical for development.                                                                                                     
                                                                                                                                
4:03:51 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO noted the state does not grant grandfather rights.                                                                  
                                                                                                                                
4:04:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH said:                                                                                                 
                                                                                                                                
     It  is  an additional  risk,  but  it is  also  another                                                                    
     battle   that  we,   as  a   resource  committee,   are                                                                    
     challenged to  make the best  decisions in  the balance                                                                    
     that's [been] spoken of.   And I feel obligated to say,                                                                    
     well when people use the  word partnership around here,                                                                    
     we need  to be very  careful.   So, for the  record, we                                                                    
     don't own anything  on the North Slope  because I don't                                                                    
     want to  have to take it  down nor be liable  for it so                                                                    
     this  partnership   is  incentive.     If  we   have  a                                                                    
     partnership  interest, some  might  think  that we  own                                                                    
     some capital and  we don't.  We own  resource that's in                                                                    
     the ground that we are monetizing with incentives.                                                                         
                                                                                                                                
     Just for clarification on  our partnership, I certainly                                                                    
     am not  indebting the  state to have  to pick  up those                                                                    
     pieces and  remove them in  that type of  a partnership                                                                    
     for  future   liability.    It  is   a  partnership  in                                                                    
     investing  in  Alaska's   future,  providing  jobs  and                                                                    
     employment   opportunities,  providing   incentive  for                                                                    
     development.   I just want  to be  clear for all  of us                                                                    
     that are using  that term that I wouldn't  want to hold                                                                    
     the  state responsible  for dismantlement,  restoration                                                                    
     and  such  in  that  type   of  meaning  for  the  word                                                                    
     partnership.                                                                                                               
                                                                                                                                
     So, for  the legal  record, any future  litigations, we                                                                    
     don't  own a  piece of  that pipeline,  a piece  of the                                                                    
     property that's  up there.   We are  offering incentive                                                                    
     credits for development.  Thank you Mr. Chair.                                                                             
                                                                                                                                
4:05:32 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  noted the legislature  set aside 5 cents  per barrel                                                               
for dismantlement, removal, and restoration (DR&R).                                                                           
                                                                                                                                
4:06:14 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY  said the  next  slide  [11]  is juxtaposed  to  Chair                                                               
Gatto's comment about grandfather  rights.  During the transition                                                               
period  addressed  under  PPT,   Pioneer  made  $100  million  of                                                               
expenditures.   That amounts  to $20  million in  credits Pioneer                                                               
will hopefully be able to enjoy  when it starts paying PPT taxes.                                                               
One element of the House version  of ACES eliminates about 1/3 of                                                               
those investment  dollars.   It would have  an effective  date of                                                               
April,  2003, so  that  any  capital spent  after  that would  be                                                               
eligible for the  credit.  Between December of 2002  and April of                                                               
2003, Pioneer spent about $30  million.  It drilled 3 exploration                                                               
wells  that   led  to  the   development  of  Oooguruk.     Those                                                               
investments would  be eliminated under  the current House  CS for                                                               
ACES.                                                                                                                           
                                                                                                                                
4:07:56 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY  said ACES  makes  a  change  to progressivity.    One                                                               
fundamental change  under consideration by the  legislature is to                                                               
have that  based on  a gross  tax rather than  a net  tax.   As a                                                               
reminder,  he told  members  a net  tax  rewards investments  and                                                               
places a  higher burden on fields  that make a high  profit.  The                                                               
opposite  applies  to  a  gross  tax;  it  treats  an  aggressive                                                               
investor in the  same way a harvester is treated.   He questioned                                                               
whether that is the policy the  legislature wants to motivate.  A                                                               
gross tax would  disproportionately place a burden  on a marginal                                                               
project.   He  pointed  out that  viscous oil  and  West Sak  are                                                               
challenged projects that cannot  withstand additional tax burden.                                                               
He encouraged  members to keep  the progressivity tax based  on a                                                               
net system.                                                                                                                     
                                                                                                                                
4:09:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  if  a  marginal  project  has  not                                                               
recovered  the   percentage  of   net  profits  to   trigger  the                                                               
progressivity tax so  that even though the company  has not built                                                               
up  a profit  margin,  whether  that be  ACES/30  or PPT/40,  the                                                               
progressivity tax  is triggered when  low profits have  been made                                                               
on a marginal field.                                                                                                            
                                                                                                                                
4:10:03 PM                                                                                                                    
                                                                                                                                
MR. FOLEY said the point he is  trying to make is that right now,                                                               
if the tax  is based on net,  so the trigger point  is also based                                                               
on net that  takes into account that all barrels  are not created                                                               
equal.   Some barrels  on the  Slope enjoy  a high  profit margin                                                               
while others don't.   The progressivity number for  a high profit                                                               
field  today is  higher  than  the number  calculated  for a  low                                                               
profit field.  It does help level the playing field.                                                                            
                                                                                                                                
4:11:03 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY progressed  to  slide 13,  which  contained his  final                                                               
conclusions.  He said Pioneer  has been an aggressive investor in                                                               
Alaska and hopes  to continue to be one.   To continue to attract                                                               
capital,  Pioneer will  need  to demonstrate  that  Alaska has  a                                                               
stable  fiscal regime.    Pioneer  believes that  PPT  is a  very                                                               
balanced,  durable, fair,  and  equitable  program that  produces                                                               
revenues to the state while  providing a modest incentive for new                                                               
exploration.   Furthermore, the [PPT]  helps marginal  fields get                                                               
over the  threshold.  The  House CS version would  eliminate one-                                                               
third  of Pioneer's  transitional  capital that  was invested  on                                                               
Oooguruk.  He  asked members to avoid  any kind of a  tax that is                                                               
attached to the gross.                                                                                                          
                                                                                                                                
4:12:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG said  Mr.  Foley  highlighted many  of                                                               
committee  members' concerns.   They  want  to reach  out to  the                                                               
independents  and  make sure  they  are  not harmed  by  Alaska's                                                               
policies.  Legislators are trying to  get to a point where people                                                               
look to Alaska  and say it's settled down and  will be stable for                                                               
awhile.                                                                                                                         
                                                                                                                                
4:14:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  said  Mr. Hanley  of  Anadarko  Petroleum                                                               
Corporation told members that 64  percent of North Slope reserves                                                               
were  tied to  fields of  1 million  barrels or  less.   That was                                                               
based on USGS prospectivity.   He asked whether Mr. Foley thought                                                               
other independents were  watching Pioneer and to  talk more about                                                               
his  statement  that  the North  Slope  basin  will  increasingly                                                               
attract small producers.                                                                                                        
                                                                                                                                
4:15:48 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  said Dr. van Meurs  gave a presentation to  the Senate                                                               
in which he used the term "basin  master."  Although it has a bit                                                               
of  a negative  connotation, he  disagrees.   He said  typically,                                                               
only the large companies have the  courage to go out in the world                                                               
and  find and  develop  new  basins.   When  they establish  that                                                               
position, they  want to maintain  and benefit  from it.   That is                                                               
what  happened on  the North  Slope and  that is  not a  negative                                                               
thing.    Three  companies  developed   the  North  Slope;  small                                                               
companies would  not have  the opportunity  to explore  the North                                                               
Slope if  it weren't for  the existence  of the pipeline  and big                                                               
field.  He stated there is a  natural evolution of a basin; it is                                                               
dominated  in the  early years  by  the investors  that took  the                                                               
risk.  As  time goes on, fewer big opportunities  exist.  Smaller                                                               
companies work  on smaller  projects.  He  felt some  of Alaska's                                                               
policy needs to  be directed at motivating new  companies to come                                                               
spend their investment dollars here.                                                                                            
                                                                                                                                
CHAIR GATTO  said Mr. Foley used  the term, "took all  the risk."                                                               
He  asked if  any places  exist where  a company  goes in  and is                                                               
completely  free   to  do  what   it  wants   without  government                                                               
involvement.                                                                                                                    
                                                                                                                                
4:18:30 PM                                                                                                                    
                                                                                                                                
MR. FOLEY  replied not to  his knowledge  but that may  have been                                                               
the case 40 years ago.                                                                                                          
                                                                                                                                
4:18:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  questioned  whether  Mr.  Foley  had  any                                                               
suggestions to help  the legislature find a  more streamlined way                                                               
for  small  producers to  take  net  operating transferable  loss                                                               
credits and  refund those  through the Retirement  Board at  a 92                                                               
percent rate.   He  questioned whether that  would have  value to                                                               
Pioneer or  whether the  current system  of credit  refunds works                                                               
well enough.                                                                                                                    
                                                                                                                                
4:19:45 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY said  speaking just  for Pioneer,  the current  system                                                               
works just  fine.   Pioneer has generated  nearly $80  million in                                                               
capital credits on its Oooguruk project  so far.  It has sold $25                                                               
million  to the  state at  full face  value.   The rest  has been                                                               
placed at a discounted number that  Pioneer is fine with.  Having                                                               
said  that, he  said  it  is a  relatively  thin  market for  the                                                               
purchase of credits.  Pioneer is  able to sell its credits but in                                                               
large  dollar amounts.   He  can  imagine that  companies with  a                                                               
smaller   number  of   credits   would   absolutely  welcome   an                                                               
opportunity   to  sell   credits.     The  type   of  legislation                                                               
Representative  Seaton suggested  would create  a floor  for that                                                               
type of market.                                                                                                                 
                                                                                                                                
4:20:55 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO said it is good  to hear that Pioneer got 100 percent                                                               
value on selling its credits.  He furthered:                                                                                    
                                                                                                                                
     ...I  think Representative  Seaton is  saying here's  a                                                                    
     good deal - you've got  credits, sell them for 92 cents                                                                    
     on a  dollar, and get  that today instead  of borrowing                                                                    
     money   at  85   cents  on   the  dollar   to  continue                                                                    
     exploration.  The goal is  one more forgiveness of some                                                                    
     kind  for you  so  that  you can  proceed  in the  same                                                                    
     direction  you  are  currently  proceeding  in  and  do                                                                    
     better than you would ordinarily,  or not do it and say                                                                    
     92 cents is  okay but we can turn  these into something                                                                    
     better than that  in 6 months and  that's our decision.                                                                    
     It's one more way to assist.   As I said, we're all for                                                                    
     independent  producers   to  come  in.     I  think  we                                                                    
     recognize it's our future as  well as anyone recognizes                                                                    
     it.  When you get down  to a certain number of barrels,                                                                    
     the  biggest  guys  who have  billions  of  dollars  in                                                                    
     capital values  go somewhere else and  the smaller guys                                                                    
     say  what an  opportunity.   It's there  - we  know how                                                                    
     much is there and we're  more efficient so we can still                                                                    
     operate the resource  and then we'd like to  be here to                                                                    
     help in any way we can, including the capital credits.                                                                     
                                                                                                                                
4:22:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  recalled this issue was  discussed in the                                                               
House  Oil  and  Gas  committee.     He  questioned  whether  any                                                               
companies do not buy credits as a function of policy.                                                                           
                                                                                                                                
4:23:05 PM                                                                                                                    
                                                                                                                                
MR.  FOLEY replied  he has  personal knowledge  of two  companies                                                               
that have made attempts to purchase credits.                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON thought  BP had a corporate  policy to not                                                               
buy credits, which thins that market.                                                                                           
                                                                                                                                
4:24:07 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO said this situation  is providing a great opportunity                                                               
in one  day to  go from  the big guy  to the  little guy  and the                                                               
organization in between.                                                                                                        
                                                                                                                                
4:25:28 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO introduced the next speaker.                                                                                        
                                                                                                                                
4:25:46 PM                                                                                                                    
                                                                                                                                
MR.  DUDLEY PLATT,  a  petroleum engineer,  told  members he  has                                                               
lived  in Eagle  River for  27  years.   He has  worked for  Arco                                                               
Alaska, the US  Minerals Management Service, the  State of Alaska                                                               
and  as an  independent consultant.    He told  members, for  the                                                               
record,  that he  has numerous  clients,  one of  them being  the                                                               
Department of Revenue.                                                                                                          
                                                                                                                                
4:26:48 PM                                                                                                                    
                                                                                                                                
MR. PLATT  told members petroleum  engineers can get  involved in                                                               
many  facets  of the  oil  industry  - upstream,  transportation,                                                               
exploration,  refining,  or shipping.    His  career began  doing                                                               
reservoir  modeling for  Arco Alaska  in the  Kuparuk field.   He                                                               
then went on to field engineering.                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON said the committee  heard about the ability                                                               
of  TAPS to  transport oil  and at  what level  of production  it                                                               
would become  problematic for the  pumping system.  He  asked for                                                               
further  information  about  the  new electric  pumps  and  their                                                               
capacity.                                                                                                                       
                                                                                                                                
4:26:59 PM                                                                                                                    
                                                                                                                                
MR.  PLATT said  many numbers  have been  thrown around  over the                                                               
last 20  years as to  the minimum throughput for  the TransAlaska                                                               
Pipeline  System.   He thinks  of  that as  a mechanical  minimum                                                               
throughput.    He  recalled hearing  referenced  testimony  today                                                               
about the  fact that  an economic  limit may  be higher  than the                                                               
mechanical limit.   However, the fact  is that no one  knows what                                                               
that number is.   They passed through that minimum  on the way up                                                               
and  never had  a chance  to  pass through  it on  the way  down.                                                               
Various government reports have used  a number of 300,000 barrels                                                               
a day.  He has seen  other government reports that say 200,000 to                                                               
400,000.  The range of the  new electric pumps is 200,000 barrels                                                               
a day  to 1.1  million barrels  a day.   They  act like  a dimmer                                                               
switch  - faster  or  slower.   Any  time  crude  oil is  shipped                                                               
through a  very cold  place issues  arise, pump  cavitation being                                                               
one  mentioned earlier.    One  of the  biggest  problems is  the                                                               
pumpability.   To  deal  with that,  heat is  added  to the  cold                                                               
viscous  material.   Chemicals  can  also be  added  but that  is                                                               
expensive.   With  a capital  investment and  increased operating                                                               
costs, Alyeska should be able to  put lined heaters in to promote                                                               
the flow.   The oil  could also  be "batched" down  the pipeline.                                                               
His thought  on minimum  flow is  if 300,000  barrels per  day is                                                               
taken as the premise for  the minimum throughput, the question is                                                               
how   much  would   the   shippers  be   willing   to  spend   to                                                               
instantaneously acquire the  leases to explore for  crude oil, be                                                               
a successful bidder, put together  an exploratory plan, find oil,                                                               
successfully delineate  that field,  do the 4  to 5  year design,                                                               
construction and  engineering to  build facilities to  produce an                                                               
oil field at 300,000 barrels a day.                                                                                             
                                                                                                                                
4:27:06 PM                                                                                                                    
                                                                                                                                
MR. PLATT said  his arithmetical exercise is  to multiply 300,000                                                               
barrels per day times 365.   At $50 per barrel, the gross revenue                                                               
is $5.5 billion.  For every  dollar increase in barrel price, the                                                               
revenue is increased by $110 million.   He said his guess is heat                                                               
will be  added to  send the oil  down the pipeline.   He  is sure                                                               
something will  be done; otherwise  $5.5 billion in  revenue will                                                               
be lost.   The higher the minimum input number,  the easier it is                                                               
to justify some remedy for the perceived problem.                                                                               
                                                                                                                                
4:27:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  at  what point  the  lower  volume                                                               
becomes problematic for the pumping system.                                                                                     
                                                                                                                                
MR. PLATT  said when trying  to depreciate TAPS for  property tax                                                               
purposes, 200,000 barrels  a day was used last  year because that                                                               
was the low end of the range of the pump.                                                                                       
                                                                                                                                
4:33:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said the  bid specification on  the pumps,                                                               
200,000 to  1.1 million, is  probably an accurate number  so that                                                               
the  limitation would  be something  other than  the pumps  being                                                               
able to pump as little as 200,000 barrels a day.                                                                                
                                                                                                                                
MR. PLATT said that is his opinion.                                                                                             
                                                                                                                                
4:33:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  said  his  last job  at  Alyeska  was                                                               
taking Pump 6 off  line.  He related that he  has talked to other                                                               
people  about the  number of  pumps taken  offline and  the risk,                                                               
regardless of  the pumps.  He  asked whether there is  a plan for                                                               
Alyeska and for the producers to  recognize there will be a lower                                                               
number  of barrels  going through  the pipeline  and whether  the                                                               
pump shutdowns are an indication of something else.                                                                             
                                                                                                                                
MR. PLATT  said he thought Alyeska  is trying to be  as efficient                                                               
as possible  by using  the most current  technology.   He doesn't                                                               
believe Alyeska would do anything  to prohibit it from continuing                                                               
to make the profits it makes by shipping oil.                                                                                   
                                                                                                                                
4:35:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  said he  heard Mr. Hanley  say earlier                                                               
that  when  Anadarko  considers developing  in  a  remote  field,                                                               
facilities access is  an issue.  It wouldn't be  building its own                                                               
facilities until  it had a  find of  400 to 500  million barrels.                                                               
He  said Pioneer  is  thinking  about 100  million  barrels.   He                                                               
questioned the possibility  of a scenario where oil  is found far                                                               
away  that  would  warrant another  facility  being  built,  like                                                               
Prudhoe Bay.                                                                                                                    
                                                                                                                                
MR. PLATT  asked if Representative  Guttenberg was speaking  to a                                                               
stand-alone field.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  said it  wouldn't  be  one field,  it                                                               
would  be a  cluster of  fields, and  it would  be a  cooperative                                                               
venture to build a facility.                                                                                                    
                                                                                                                                
4:37:18 PM                                                                                                                    
                                                                                                                                
MR. PLATT cited some historical  numbers:  BP developed Badami at                                                               
a time it thought it could  get about 30,000 barrels per day from                                                               
it.    He thought  BP  believed  Badami  held about  100  million                                                               
barrels at that time.  The  Alpine Field was scheduled to come on                                                               
line  at  60,000   or  70,000  barrels  per  day   with  a  total                                                               
recoverable amount  of 265  million barrels.   That  project cost                                                               
between $1  to 1.3 billion.   Forced  Oil spent a  couple hundred                                                               
million  dollars on  the west  side of  Cook Inlet  chasing about                                                               
25,000 barrels a day at  Redoubt Shoal, which never materialized.                                                               
He  noted that  the numbers  have to  be adjusted  up to  today's                                                               
dollars to  make sense.   Farther  west in the  NPR-A, FEX  hit a                                                               
discovery but  it's too far  west.  [FEX]  believes it is  300 or                                                               
400 million  barrels, which they  claim is not commercial  due to                                                               
the lack of infrastructure.                                                                                                     
                                                                                                                                
4:39:10 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO asked if that is the case at $96 per barrel.                                                                        
                                                                                                                                
MR. PLATT  said they  have been  silent over  the last  couple of                                                               
weeks.  He reiterated that at  the higher level, the farther away                                                               
from existing infrastructure, the greater the hurdle.                                                                           
                                                                                                                                
4:39:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said he heard  that high chromium  pipe is                                                               
being used in  the "workovers" in Prudhoe and Kuparuk.   He asked                                                               
Mr. Platt  if he has any  insight on high chromium  pipe and what                                                               
expense it would entail compared to other pipe.                                                                                 
                                                                                                                                
MR. PLATT  asked if he is  referring to drill pipe  or the actual                                                               
casing.                                                                                                                         
                                                                                                                                
REPRESENTATIVE SEATON said the actual production pipe.                                                                          
                                                                                                                                
MR. PLATT  said chrome  pipe is much  more expensive  than carbon                                                               
steel, at  least 50 percent  more, sometimes double, but  it does                                                               
not rust.                                                                                                                       
                                                                                                                                
4:40:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  what chromium  pipe would  enable a                                                               
company to do in those fields versus steel pipe.                                                                                
                                                                                                                                
MR. PLATT said it would provide comfort and longevity.                                                                          
                                                                                                                                
4:41:18 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO asked  if using chromium is a phenomenal  deal if the                                                               
plan is to use the pipe for the next 40 years.                                                                                  
                                                                                                                                
MR. PLATT said  that for the long haul, one  can either buy cheap                                                               
or buy  quality.   He thought that,  regardless of  the industry,                                                               
companies would tailor the types  of materials and engineering to                                                               
the planned duration of the project.                                                                                            
                                                                                                                                
4:42:12 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO said  these people are making a  100 percent increase                                                               
in  their  investment  dollar  for   pipe.    He  questioned  the                                                               
justification and asked Mr. Platt where he has seen this happen.                                                                
                                                                                                                                
MR. PLATT  said there  is a big  distinction between  a petroleum                                                               
geologist and a petroleum engineer.   He repeated if the planning                                                               
horizon is a long time, one would plan accordingly.                                                                             
                                                                                                                                
4:43:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked if one  was planning on producing gas                                                               
and increasing  the percentage  of CO2 into  the well  that would                                                               
normally be done  so that the carbonic acid would  not affect the                                                               
wells.                                                                                                                          
                                                                                                                                
4:43:39 PM                                                                                                                    
                                                                                                                                
MR. PLATT said  CO2 is reinjected back into the  well for several                                                               
reasons.  First, it is inert so  it cannot be burned.  Second, it                                                               
has corrosive properties.   Third, it is a  wonderful solvent for                                                               
use in enhanced oil recovery.                                                                                                   
                                                                                                                                
CHAIR GATTO said  someone might buy the privilege  of putting CO2                                                               
in the  ground if carbon caps  or taxes are implemented  10 years                                                               
from now.                                                                                                                       
                                                                                                                                
4:44:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  said there  is a lot  of heavy  oil at                                                               
Prudhoe.  Canadians  have made advances in  technology to extract                                                               
oil  from  the  tar sands.    He  asked  if  Mr. Platt  sees  any                                                               
indication that new technologies are on the horizon.                                                                            
                                                                                                                                
MR. PLATT pointed  out that one has to  distinguish between heavy                                                               
oil and viscous  oil.  Water has  an API gravity of  10 and flows                                                               
easily.   Viscous oil  is very different  - similar  to Vaseline.                                                               
Alaska  has incredible  resources.   BP  is trying  very hard  to                                                               
commercialize  the Ugnu  resource.   Various technologies  can be                                                               
used - one  is called cold heavy oil production  with sand and is                                                               
currently  being used  in a  pilot project.   When  he has  asked                                                               
about incorporating new  technologies into his work,  he has been                                                               
told to wait two or three years.                                                                                                
                                                                                                                                
4:46:49 PM                                                                                                                    
                                                                                                                                
MR. PLATT said attempts to put  heat in the ground generate other                                                               
problems.   He is optimistic about  the vast resources.   With 25                                                               
billion barrels at Ugnu, 1  percent would equal another Endicott.                                                               
He believes if any resource needs  help on the North Slope, it is                                                               
the viscous oils.                                                                                                               
                                                                                                                                
4:48:00 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO thanked  Mr. Platt and announced a  meeting at Friday                                                               
at 9:00  a.m., during which  the committee would be  hearing from                                                               
the Administration and  would address amendments.   He planned to                                                               
group amendments with a similar  purpose together.  The committee                                                               
would work off of the House Oil and Gas Committee version.                                                                      
                                                                                                                                
REPRESENTATIVE  ROSES  voiced  concern  that  after  a  committee                                                               
substitute is  distributed, some members may  not understand what                                                               
the  committee  did,  as  happened  in a  prior  committee.    He                                                               
suggested having  a work session  on Sunday, open to  the public,                                                               
whereby the  committee substitute  is presented and  members have                                                               
the opportunity to  ask questions or make further  changes and to                                                               
make sure everyone on the committee supports it.                                                                                
                                                                                                                                
4:50:30 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO said the committee  will have finished the roundtable                                                               
by then  and hoped  that would enable  members to  understand the                                                               
committee's resolution on oil and gas taxes.                                                                                    
                                                                                                                                
4:50:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  likened the  situation to what  happened in                                                               
the House  State Affairs Standing  Committee when a huge  pile of                                                               
amendments  was before  the committee.   He  suggested putting  a                                                               
small group of members together  who could give a presentation to                                                               
the committee  to ensure  members understand  the changes.   That                                                               
would also  be instrumental  in showing the  public what  and why                                                               
the  committee  did  and  it  will help  the  next  committee  of                                                               
referral as well and save time.                                                                                                 
                                                                                                                                
4:52:33 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO said he was agreeable to doing that.                                                                                
                                                                                                                                
[HB 2001 was held over.]                                                                                                        
                                                                                                                                
4:54:17 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Committee meeting was adjourned at 4:54 p.m.                                                                          

Document Name Date/Time Subjects