Legislature(2007 - 2008)TERRY MILLER GYM

06/08/2008 01:00 PM House RULES


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01:06:01 PM Start
01:06:59 PM HB3001|| SB3001
04:46:56 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB3001 APPROVING AGIA LICENSE TELECONFERENCED
Heard & Held
-- Time Change --
House Special Subcommittee on AGIA
Joint w/Sen Special Committee on Energy
Administration/TransCanada Presentations
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
                 HOUSE RULES STANDING COMMITTEE                                                                               
               SENATE SPECIAL COMMITTEE ON ENERGY                                                                             
                          June 8, 2008                                                                                          
                           1:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
HOUSE RULES STANDING COMMITTEE                                                                                                  
                                                                                                                                
 Representative John Coghill, Chair                                                                                             
 Representative Anna Fairclough                                                                                                 
 Representative Craig Johnson                                                                                                   
 Representative Ralph Samuels (AGIA Subcommittee)                                                                               
 Representative Beth Kerttula (AGIA Subcommittee)                                                                               
                                                                                                                                
SENATE SPECIAL COMMITTEE ON ENERGY                                                                                              
                                                                                                                                
 Senator Charlie Huggins, Chair                                                                                                 
 Senator Bert Stedman, Vice Chair                                                                                               
 Senator Fred Dyson                                                                                                             
 Senator Kim Elton                                                                                                              
 Senator Lyda Green                                                                                                             
 Senator Lyman Hoffman                                                                                                          
 Senator Donald Olson                                                                                                           
 Senator Gary Stevens                                                                                                           
 Senator Joe Thomas                                                                                                             
 Senator Thomas Wagoner                                                                                                         
 Senator Bill Wielechowski                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
HOUSE RULES STANDING COMMITTEE                                                                                                  
                                                                                                                                
 Representative John Harris (AGIA Subcommittee, Chair)                                                                          
 Representative David Guttenberg                                                                                                
                                                                                                                                
SENATE SPECIAL COMMITTEE ON ENERGY                                                                                              
                                                                                                                                
 Senator Lesil McGuire                                                                                                          
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Buch                                                                                                             
Representative Chenault                                                                                                         
Representative Crawford                                                                                                         
Representative Dahlstrom                                                                                                        
Representative Doll                                                                                                             
Representative Doogan                                                                                                           
Representative Edgmon                                                                                                           
Representative Gara                                                                                                             
Representative Gardner                                                                                                          
Representative Gatto                                                                                                            
Representative Gruenberg                                                                                                        
Representative Holmes                                                                                                           
Representative Johansen                                                                                                         
Representative Joule                                                                                                            
Representative Kawasaki                                                                                                         
Representative Kelly                                                                                                            
Representative Lynn                                                                                                             
Representative Meyer                                                                                                            
Representative Neuman                                                                                                           
Representative Olson                                                                                                            
Representative Ramras                                                                                                           
Representative Roses                                                                                                            
Representative Seaton                                                                                                           
Representative Stoltze                                                                                                          
Representative Wilson                                                                                                           
                                                                                                                                
Senator Bunde                                                                                                                   
Senator Davis                                                                                                                   
Senator Ellis                                                                                                                   
Senator French                                                                                                                  
Senator Therriault                                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 3001                                                                                                             
"An Act  approving issuance of  a license by the  commissioner of                                                               
revenue and the commissioner of  natural resources to TransCanada                                                               
Alaska Company,  LLC and  Foothills Pipe  Lines Ltd.,  jointly as                                                               
licensee, under the Alaska Gasline  Inducement Act; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
SENATE BILL NO. 3001                                                                                                            
"An Act  approving issuance of  a license by the  commissioner of                                                               
revenue and the commissioner of  natural resources to TransCanada                                                               
Alaska Company,  LLC and  Foothills Pipe  Lines Ltd.,  jointly as                                                               
licensee, under the Alaska Gasline  Inducement Act; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB3001                                                                                                                  
SHORT TITLE: APPROVING AGIA LICENSE                                                                                             
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
06/03/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
06/03/08       (H)       RLS                                                                                                    
06/03/08       (H)       WRITTEN FINDINGS & DETERMINATION                                                                       
06/04/08       (H)       RLS AT 9:00 AM CAPITOL 120                                                                             
06/04/08       (H)       Heard & Held; Assigned to Subcommittee                                                                 
06/04/08       (H)       MINUTE(RLS)                                                                                            
06/04/08       (H)       RLS AT 10:00 AM TERRY MILLER GYM                                                                       
06/04/08       (H)       Heard & Held                                                                                           
06/04/08       (H)       MINUTE(RLS)                                                                                            
06/05/08       (H)       RLS AT 9:00 AM TERRY MILLER GYM                                                                        
06/05/08       (H)       Heard & Held                                                                                           
06/05/08       (H)       MINUTE(RLS)                                                                                            
06/06/08       (H)       RLS AT 10:00 AM TERRY MILLER GYM                                                                       
06/06/08       (H)       Heard & Held                                                                                           
06/06/08       (H)       MINUTE(RLS)                                                                                            
06/07/08       (H)       RLS AT 10:00 AM TERRY MILLER GYM                                                                       
06/07/08       (H)       Heard & Held                                                                                           
06/07/08       (H)       MINUTE(RLS)                                                                                            
06/08/08       (H)       RLS AT 1:00 PM TERRY MILLER GYM                                                                        
                                                                                                                                
BILL: SB3001                                                                                                                  
SHORT TITLE: APPROVING AGIA LICENSE                                                                                             
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
06/03/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
06/03/08       (S)       ENR                                                                                                    
06/03/08       (S)       REPORT ON FINDINGS AND DETERMINATION                                                                   
06/04/08       (S)       ENR AT 10:00 AM TERRY MILLER GYM                                                                       
06/04/08       (S)       Heard & Held                                                                                           
06/04/08       (S)       MINUTE(ENR)                                                                                            
06/05/08       (S)       ENR AT 9:00 AM TERRY MILLER GYM                                                                        
06/05/08       (S)       Heard & Held                                                                                           
06/05/08       (S)       MINUTE(ENR)                                                                                            
06/06/08       (S)       ENR AT 10:00 AM TERRY MILLER GYM                                                                       
06/06/08       (S)       Heard & Held                                                                                           
06/06/08       (S)       MINUTE(ENR)                                                                                            
06/07/08       (S)       ENR AT 10:00 AM TERRY MILLER GYM                                                                       
06/07/08       (S)       Heard & Held                                                                                           
06/07/08       (S)       MINUTE(ENR)                                                                                            
06/08/08       (S)       ENR AT 1:00 PM TERRY MILLER GYM                                                                        
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TOM IRWIN, Commissioner                                                                                                         
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Presented a  summary of  the findings  and                                                             
determination   of   the    TransCanada   Alaska   Company,   LLC                                                               
("TransCanada") project.                                                                                                        
                                                                                                                                
PATRICK GALVIN, Commissioner                                                                                                    
Department of Revenue                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered questions related  to the proposed                                                             
TransCanada project during the hearing on HB 3001/SB 3001.                                                                      
                                                                                                                                
CLARK "CLICK" BISHOP, Commissioner                                                                                              
Department of Labor & Workforce Development                                                                                     
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Offered  an  introduction   preceding  a                                                             
PowerPoint presentation  regarding jobs  and training  related to                                                               
the TransCanada project.                                                                                                        
                                                                                                                                
GUY BELL, Assistant Commissioner                                                                                                
Director                                                                                                                        
Central Office                                                                                                                  
Division of Administrative Services                                                                                             
Department of Labor & Workforce Development                                                                                     
POSITION  STATEMENT:    Gave  the  first  part  of  a  PowerPoint                                                             
presentation regarding jobs and  training related to the proposed                                                               
TransCanada project.                                                                                                            
                                                                                                                                
BRYNN KEITH, Research Chief                                                                                                     
Research & Analysis                                                                                                             
Central Office                                                                                                                  
Division of Administrative Services                                                                                             
Department of Labor & Workforce Development                                                                                     
POSITION  STATEMENT:    Gave  the second  part  of  a  PowerPoint                                                             
presentation regarding jobs and  training related to the proposed                                                               
TransCanada project.                                                                                                            
                                                                                                                                
CONRAD MULLIGAN, Consultant                                                                                                     
ARCADIS                                                                                                                         
Denver, Colorado                                                                                                                
POSITION  STATEMENT:    Presented  a PowerPoint  on  modeling  of                                                             
short-  and long-term  employment generated  by construction  and                                                               
operation of an Alaska Natural Gas Pipeline Project.                                                                            
                                                                                                                                
G. ALLAN VAN FLEET, Attorney                                                                                                    
Greenberg Traurig, LLP                                                                                                          
Houston, Texas                                                                                                                  
POSITION STATEMENT:   Presented  legal issues  affecting producer                                                             
participation in TransCanada's proposed gasline.                                                                                
                                                                                                                                
SPENCER HOSIE, Attorney                                                                                                         
Hosie McArthur LLP                                                                                                              
San Francisco, California                                                                                                       
POSITION STATEMENT:   Presented  legal issues  affecting producer                                                             
participation in TransCanada's proposed gasline.                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  CHARLIE HUGGINS  called  the joint  meeting  of the  House                                                             
Rules  Standing Committee  Subcommittee  on AGIA  and the  Senate                                                               
Special Committee on Energy to order at 1:06:01 PM.                                                                           
                                                                                                                                
HB 3001-APPROVING AGIA LICENSE                                                                                                
SB 3001-APPROVING AGIA LICENSE                                                                                                
                                                                                                                                
1:06:59 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS  announced  the joint  committees  would  commence                                                               
today's presentations  by hearing  an overview  from Commissioner                                                               
Tom  Irwin, followed  by  an  overview of  the  labor process  by                                                               
Commissioner Clark Bishop.                                                                                                      
                                                                                                                                
1:07:51 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   TOM  IRWIN,   Department  of   Natural  Resources,                                                               
presented  a summary  of the  findings and  determination of  the                                                               
TransCanada Alaska  Company ("TransCanada")  project.   He stated                                                               
that it is  known that development of  Alaska's natural resources                                                               
is the cornerstone of the state's  economy.  The North Slope is a                                                               
world-class  natural  gas basin.    He  said, "Right  now,  we're                                                               
looking at  224 trillion cubic feet  of undiscovered, technically                                                               
recoverable  reserves, in  addition to  all the  known reserves."                                                               
There are significant volumes of  natural gas, which Commissioner                                                               
Irwin  described as  "economically clean  energy for  Alaska, for                                                               
the  United  States, for  the  world."    He said  the  following                                                               
factors are "right":  time, quantities, and clean material.                                                                     
                                                                                                                                
COMMISSIONER IRWIN  offered an  historical review.   In  the '70s                                                               
and '80s, he relayed, Alaska  "worked hard and dreamed of getting                                                               
natural gas to market."  Considered  at the time were an overland                                                               
route,  an  "over-the-head"  route  from Alaska  to  Canada,  and                                                               
liquefied  natural gas  (LNG).   He  said,  "Frankly, gas  prices                                                               
stopped  it all  -  drum  price."   In  1998,  he continued,  the                                                               
Stranded  Gas  Development  Act was  passed,  which  Commissioner                                                               
Irwin said was  a good Act.   At the time, gas was  around $2 per                                                               
thousand  thousand  British  thermal  units (MMBtu).    The  idea                                                               
behind the  Act was to  work with interested companies  to bridge                                                               
the economic  gap.  Five  groups submitted applications  in 2004,                                                               
one  group  was  selected,  and, through  negotiations,  a  draft                                                               
fiscal contract was  released in May of 2006.   At the conclusion                                                               
of  the   negotiations,  he  recalled,  the   major  North  Slope                                                               
producers  essentially  committed  to   only  considering  a  gas                                                               
pipeline, in  exchange for substantial concessions  by the state,                                                               
which  included:    more  than  $10  billion  in  future  royalty                                                               
revenues from the  state to the producers  on quantifiable losses                                                               
of  production  taxes,  and conceding  sovereignty  of  state  in                                                               
judicial,  legislative, and  administrative issues.   Nothing  in                                                               
that  contract  ensured  development.   By  2006,  the  price  of                                                               
natural gas  had gone up to  $6 per MMBtu -  a significant value.                                                               
He stated  that it seems incredible  that gas was at  that price,                                                               
huge volumes of  it were available, there was a  market for clean                                                               
energy, yet "nothing was moving forward."                                                                                       
                                                                                                                                
COMMISSIONER IRWIN  reviewed that  the Alaska  Gasline Inducement                                                               
Act (AGIA)  was passed  by the Alaska  State Legislature  in 2007                                                               
with  a nearly  unanimous  vote.   The  purpose  of  AGIA was  to                                                               
encourage  an expedited  construction of  a natural  gas pipeline                                                               
through  an open,  transparent process  that allows  competition.                                                               
In  exchange for  commitments required  in AGIA,  the legislature                                                               
offered  a package  of  inducements.   The  legislature made  the                                                               
inducements  available  to an  AGIA  licensee,  if that  licensee                                                               
would agree  to meet  the requirements  and make  the commitments                                                               
that  the legislature  deemed necessary  to  protect the  state's                                                               
interest, which  Commissioner Irwin said  he believes was  a wise                                                               
decision.                                                                                                                       
                                                                                                                                
1:12:30 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  IRWIN  recollected that  in  July  2007, when  AGIA                                                               
became  law, the  state issued  a request  for application  for a                                                               
license  to  be  issued  under  AGIA.    Five  applications  were                                                               
submitted, and only  the TransCanada application was  found to be                                                               
complete.    Commissioner  Irwin  said he  and  Commissioner  Pat                                                               
Galvin  decided   that  TransCanada's   net  present   value  and                                                               
likelihood of success could not  be evaluated fairly without also                                                               
looking  at the  LNG option  and the  BP, ConocoPhillips  Alaska,                                                               
Inc., Denali projects.                                                                                                          
                                                                                                                                
COMMISSIONER IRWIN said  technical, legal, commercial, financial,                                                               
and hydrocarbon  reserves team[s]  were formed  in order  to make                                                               
clear,  fair evaluations  of the  projects.   He stated  that the                                                               
teams  were  counted  on to  independently  review  the  existing                                                               
information and  issue an opinion.   He emphasized  the integrity                                                               
and expertise  of those  involved, and said  all the  reports are                                                               
available to  the legislature.   He also emphasized that  the job                                                               
of  [the   administration]  is   not  just   to  study   all  the                                                               
information, but to make itself  and its consultants available to                                                               
each legislator to ensure "right answers" are provided.                                                                         
                                                                                                                                
1:15:07 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  IRWIN said  he and  Commissioner Galvin  found that                                                               
the "path"  offered by  TransCanada is likely  to succeed.   That                                                               
company  presented a  work plan  that is  technically reasonable,                                                               
feasible, and specific, he said.   The plan would include the use                                                               
of  technology that  TransCanada  is currently  using to  operate                                                               
pipelines  in  climates  similar  to  Alaska's.    Regarding  the                                                               
schedule, he  said, "Including  the timing  of U.S.  and Canadian                                                               
regulatory   approvals   is   aggressive   but   reasonable   and                                                               
appropriate."    He stated  that  TransCanada  has the  financial                                                               
ability  to contribute  equity  to  the project,  as  well as  to                                                               
obtain  the financing  necessary for  construction.   TransCanada                                                               
has  a strong  record of  performance in  developing other  large                                                               
projects, and positive records of  integrity and business ethics.                                                               
Commissioner  Irwin said  commissioners  also considered  whether                                                               
sufficient  natural gas  exists on  the North  Slope to  fill the                                                               
capacity of TransCanada's proposed pipeline for 25 years.                                                                       
                                                                                                                                
1:16:18 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  IRWIN  relayed that  the  conclusion  made is  that                                                               
Alaska has enough  natural gas resources to  fill the TransCanada                                                               
pipeline for  25 years and "for  decades longer."  He  added that                                                               
this is  true even though Point  Thompson natural gas may  not be                                                               
available for  any project during  its initial years "due  to the                                                               
area  geology."     Commissioner  Irwin  said   the  state  hired                                                               
PetroTel, Inc.  to do modeling  to evaluate what is  really going                                                               
on at Point Thompson.  He  said the modeling showed that not only                                                               
are there likely several million  barrels of liquid condensate at                                                               
Point Thompson, but  there are also several  hundreds of millions                                                               
of barrels of oil.  He mentioned  the way that the Alaska Oil and                                                               
Gas  Conservation  Commission  (AOGCC)   works,  and  said,  "Any                                                               
reasonable state  or sovereign would want  that recovered first."                                                               
Commissioner Irwin said, "What we have  been told in the past and                                                               
what we know  today is significantly different.   We have learned                                                               
this state  needs to continue  to understand things from  its own                                                               
basis."    He  talked  about  being    honest  and  letting  [the                                                               
legislature] know when things have changed.  He continued:                                                                      
                                                                                                                                
     Now,  let's say  we,  as a  sovereign,  said, "We  will                                                                    
     waste that energy;  we will waste the  liquids from the                                                                    
     gas condensate; we will waste  the oil; we'll just pull                                                                    
     the gas  off."  Our problem  is this field is  called a                                                                    
     retrograde field.   [There are] over  10,000 pounds per                                                                    
     square  inch pressure.   The  experts say  if we  start                                                                    
     dropping  that pressure,  the liquid  condensates start                                                                    
     falling  out; we  can literally  plug  the field  where                                                                    
     we'll  certainly  lose the  liquids,  but  we can  also                                                                    
     start plugging conductivity so we  lose the gas.  Point                                                                    
     Thompson  is a  tremendous  area.   We  have  a lot  of                                                                    
     liquids.  We need to recover them first.                                                                                   
                                                                                                                                
     But let  me tell  you, when that  news hit  the gasline                                                                    
     team, it was  a shock.  We immediately  thought, "Do we                                                                    
     have  a gasline  project?   What are  we going  to do?"                                                                    
     And  we  went  back  to   the  modeling.    We  modeled                                                                    
     different   volumes,  different   timelines,  different                                                                    
     scenarios.   Our conclusion:   we have  significant gas                                                                    
     for the  producers, for  the [federal  government], for                                                                    
     the state, and for TC  Alaska to make significant money                                                                    
     and to move this project forward.                                                                                          
                                                                                                                                
COMMISSIONER   IRWIN   said    additionally   the   commissioners                                                               
considered  the claim  by the  major North  Slope producers  that                                                               
TransCanada cannot succeed because of  the risk that if it builds                                                               
a project  it would be  sued by former  partners.  He  said after                                                               
speaking  with  TransCanada,  the  commissioners  had  their  own                                                               
consultants consider whether  this is a legal issue  and what the                                                               
ramifications might be, including whether  or not the issue would                                                               
impact  financing.   The commissioners  found that  the potential                                                               
claims  against TransCanada  and  its  affiliates are  "extremely                                                               
weak,"  and that  the  producers have  "failed  to support  their                                                               
speculative theory."   As a  result, the  commissioners concluded                                                               
that  the risk  litigation of  this issue  "does not  present the                                                               
significant  barrier" to  the likely  success of  the TransCanada                                                               
project, including its ability to obtain financing.                                                                             
                                                                                                                                
1:20:59 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN  stated that the commercial  terms proposed by                                                               
TransCanada  are reasonable.    The proposal  provides the  major                                                               
North  Slope  producers   with  several  significant,  commercial                                                               
opportunities.   He  said, "They  can construct  and own  the gas                                                               
treatment plant in the North Slope;  they can own an equity share                                                               
in the  TC Alaska pipeline."   Although there are  project risks,                                                               
he noted,  none of  them are significant  enough to  outweigh the                                                               
TransCanada project's likelihood of  success.  Natural gas prices                                                               
are not  likely to climb  enough to make the  project uneconomic,                                                               
he said.   Furthermore, he related  that the risk that  there are                                                               
insignificant resources on  the North Slope to  fill the proposed                                                               
pipeline is  low.   He stated  that the  commissioners anticipate                                                               
that the  state's current fiscal  structure will  allow companies                                                               
that develop  North Slope gas  and transport it  on TransCanada's                                                               
pipeline to earn a significant profit.                                                                                          
                                                                                                                                
COMMISSIONER  IRWIN  stated  that   the  TransCanada  project  is                                                               
viable, will provide positive economics  to the state and federal                                                               
governments,   as  well   as  the   North  Slope   producers  and                                                               
TransCanada,  and  "is  clearly,  and in  our  minds,  likely  to                                                               
succeed."  He noted that  the legislature has "seen those numbers                                                               
through  other   presentations."    To  help   determine  whether                                                               
TransCanada's pipeline proposal maximizes  benefits and is in the                                                               
best  interest of  the  state, the  commissioners  felt that  LNG                                                               
project options needed  to be evaluated.  He noted  that later in                                                               
the hearing  schedule experts  would testify.   He  mentioned the                                                               
North Slope,  an LNG plant  in Valdez, and "the  producer plant."                                                               
He continued:                                                                                                                   
                                                                                                                                
     Using  the  same assumptions  used  to  analyze the  TC                                                                    
     Alaska  project, all  LNG project  options resulted  in                                                                    
     less  value to  the  state and  the  major North  Slope                                                                    
     producers.   In cases, it showed  clearly economic, but                                                                    
     all  cases were  less than  the North  Slope producers'                                                                    
     route.                                                                                                                     
                                                                                                                                
COMMISSIONER IRWIN  said that  although an  LNG project  would be                                                               
able to  tap the higher  prices that  are seen in  Asian markets,                                                               
the  LNG  projects  have significantly  higher  costs,  and  thus                                                               
result in lower  market potential value (MPV) to the  state or to                                                               
the major  North Slope  producers.  He  said he  and Commissioner                                                               
Galvin  did not  find comparative  benefits in  either timing  or                                                               
costs associated with  an LNG project.  He  highlighted that even                                                               
if  LNG   had  demonstrated  MPV   comparable  to  that   of  the                                                               
TransCanada  project,  the  LNG   projects  would  still  not  be                                                               
preferable  to  the  TransCanada  project.   He  explained,  "Our                                                               
analysis  reveals  that  the  LNG  projects  have  a  much  lower                                                               
likelihood of success  compared to TC Alaska's project."   An LNG                                                               
project, he continued, will face  unique financing and commercial                                                               
challenges for  several reasons, including the  need to negotiate                                                               
multiple  and  concurrent  agreements   for  the  purchase,  pipe                                                               
transport,  liquefaction,  shipping,  "regasification,"  and  the                                                               
sale  of  natural  gas.    He said  LNG  also  faces  significant                                                               
challenges,  and the  North Slope  producers have  stated clearly                                                               
that   the  Asian   market  is   not   their  preferred   market.                                                               
Additionally, the LNG  project will face significant  risk of not                                                               
being permitted to export the gas  to its primary market in Asia.                                                               
He stated, "That's  a clear and evident, real  risk, getting that                                                               
type  of export  license, particularly  if we  don't have  energy                                                               
going to the United States - to the Lower 48 - first."                                                                          
                                                                                                                                
1:25:22 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN stated that when  compared to an exclusive LNG                                                               
project, the  overland gasline  proposed by  TransCanada provides                                                               
an opportunity for  a successful LNG "Y" line.   The big line, he                                                               
explained,  takes care  of the  upstream gas  pipeline plant,  as                                                               
well as a  big line to Delta  Junction.  He stated,  "The door is                                                               
wide  open  to  someone who  wants  to  come  in  and do  an  LNG                                                               
project."   The  likelihood  of  success in  an  LNG project,  he                                                               
noted, is greatest when it is constructed as a "Y" line.                                                                        
                                                                                                                                
COMMISSIONER IRWIN stated:                                                                                                      
                                                                                                                                
     The dynamics of a  producer-owned and operated pipeline                                                                    
     are very  different, as  you've heard  in the  last few                                                                    
     days, than those  of a third party-owned  pipeline.  An                                                                    
     entity  that   produces  natural   gas  and   owns  the                                                                    
     pipeline,  like the  producer  project, earns  revenues                                                                    
     through  sales  of  natural gas  and  shipment  of  the                                                                    
     natural  gas.   Such an  entity is  not necessarily  as                                                                    
     driven to  keep costs low.   We have learned that.   We                                                                    
     have  learned  that all  the  way  through the  Supreme                                                                    
     Court.   If  you own  the  pipeline and  the costs  are                                                                    
     high,  you   pay  yourself   if  you're   the  upstream                                                                    
     producer.  If the  upstream producers own the pipeline,                                                                    
     as we have  seen, we pay the higher tariff,  and we pay                                                                    
     the producer.   We've  heard about all  the exploration                                                                    
     potential.   We can get to  a point, as you've  seen on                                                                    
     the charts:   Why  would someone  come explore  in this                                                                    
     state for those type of high tariffs?                                                                                      
                                                                                                                                
COMMISSIONER IRWIN continued:                                                                                                   
                                                                                                                                
     Consequently,  there's  a  reduced economic  driver  to                                                                    
     explore  for  and  develop additional  resources  until                                                                    
     such time in the  producer's [emphasis on "producer's"]                                                                    
     mind  it  is  necessary to  maintain  shipping  volumes                                                                    
     through the pipeline.                                                                                                      
                                                                                                                                
     Now, we  heard a  bit of  talk yesterday  about, "Well,                                                                    
     they might want  to go bigger; they might  want to move                                                                    
     gas from somewhere else in  the world and do their part                                                                    
     here later."   A pipeline  company is in sync  with the                                                                    
     goals of the  state; it is not necessarily  true with a                                                                    
     producer-owned pipeline.                                                                                                   
                                                                                                                                
     As the  state, as I've mentioned,  has experienced with                                                                    
     [the  Trans-Alaska Pipeline  System] (TAPS),  combining                                                                    
     pipeline and  shipper responsibilities can  truly cause                                                                    
     significant  harm to  the state's  interest.   This  is                                                                    
     significant.    For  many  of  the  same  reasons,  the                                                                    
     producer project  suffers the risk of  being stalled by                                                                    
     anti-trust challenges.  It's reality.                                                                                      
                                                                                                                                
COMMISSIONER IRWIN stated  that AGIA clearly was  not designed to                                                               
preclude  the  major  North  Slope   producers  from  owning  and                                                               
operating the natural  gas pipeline; its goal was  to ensure that                                                               
"if  they  did,  they  would act  like  an  independent  pipeline                                                               
company,  rather than  an integrated  gas  producer and  pipeline                                                               
company."                                                                                                                       
                                                                                                                                
1:28:48 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  IRWIN said,  "We were  told negotiations  of fiscal                                                               
conditions  were  a  precondition  to  moving  forward  with  the                                                               
project.   What  are  those  conditions?   We  do  know what  the                                                               
conditions were from  stranded gas."  He  said the administration                                                               
chose  to continue  the  competitive AGIA  process,  in favor  of                                                               
exclusive  negotiations.    He   suggested  the  legislators  ask                                                               
themselves why  BP and ConocoPhillips Alaska,  Inc. announced the                                                               
pursuit of another gas pipeline  project, Denali, and to question                                                               
the  timing  of that  announcement.    He  asked, "Why  are  they                                                               
running  so many  ads  to  convince the  public  this  is a  good                                                               
thing?"    He  asked  the legislature  to  respectfully  ask  the                                                               
following  question:   "Is  their  goal to  destroy  AGIA in  the                                                               
competition, or is  their goal to get gas to  market in the favor                                                               
of the  state's interest?"   He  said "we"  tried to  analyze the                                                               
Denali plan, using  the same "12 pages" that  the legislature has                                                               
seen.  He related that none  of the important commercial terms of                                                               
the producer plan are defined.   Furthermore, unlike TransCanada,                                                               
the  producer  plan makes  no  enforceable  commitments, such  as                                                               
adhering to a state timeline  or achieving additional milestones,                                                               
such  as  applying for  a  Federal  Energy Regulatory  Commission                                                               
(FERC) certificate.  He said  there is no information on tariffs,                                                               
let  alone an  enforceable  commitment to  provide genuine,  open                                                               
access.  He said, "This  makes their option, currently presented,                                                               
extremely risky  for the  state.  The  producer plan  was offered                                                               
outside  the AGIA  process and  may continue  ... parallel  to TC                                                               
Alaska's efforts.  We love it; the competition is great."                                                                       
                                                                                                                                
COMMISSIONER IRWIN  said someone suggested that  the state should                                                               
save its $500  million, because the producers are  going to spend                                                               
their $600 [million]-plus  and don't need the state's  money.  He                                                               
asked:                                                                                                                          
                                                                                                                                
     Have you ever  been around a business that  has to make                                                                    
     money  -   for  its  board,  its   stockholders,  their                                                                    
     individual pay,  their bonuses -  that would  turn down                                                                    
     $500 million?   I would propose that they  feel that if                                                                    
     - and I can't speak for  them - if AGIA fails, they are                                                                    
     in a position to get much  more.  But no one would turn                                                                    
     down $500 million.                                                                                                         
                                                                                                                                
COMMISSIONER IRWIN  said the key  is for  the state to  invest in                                                               
its resources and  start "moving things forward."   He warned the                                                               
legislators  not  to forget  history.    He stated,  "This  state                                                               
rudely  threw out  a  bunch of  companies  and negotiated  behind                                                               
closed doors."  Regarding the  $500 million, he said an important                                                               
factor is risk and  reward.  He opined that the  risk is so small                                                               
compared to the reward, which is so huge.                                                                                       
                                                                                                                                
1:32:43 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN summarized his  presentation, by reviewing the                                                               
following  points:    the  TransCanada  project  is  economically                                                               
viable,  sound,  and feasible;  TransCanada  has  a proven  track                                                               
record;  extreme  positive  economics of  TransCanada's  project,                                                               
combined with the legal and  political context, provide favorable                                                               
conditions for  attracting shipping commitments; and  overall the                                                               
TransCanada  project  is  likely   to  succeed.    Exclusive  LNG                                                               
projects do not compete, but a  "Y" line is significant and is an                                                               
opportunity for the  state to "work between market  options."  He                                                               
stated, "The key for adding  the real long-term jobs for Alaskans                                                               
is a pipeline  that encourages exploration and  development.  The                                                               
TransCanada project  will not preclude construction  of a smaller                                                               
pipeline."   He  stated that  if  anyone wants  to challenge  his                                                               
numbers, he  would encourage  them to  look at  a report  by Econ                                                               
One, which is available to LB&A.                                                                                                
                                                                                                                                
COMMISSIONER IRWIN said  that similar to the  failed Stranded Gas                                                               
Development Act contract, the producer  plan is not guaranteed to                                                               
continue to  advance the project.   He stated that it  is his and                                                               
Commissioner Galvin's conclusion that  "this is clearly a correct                                                               
way to go."  He encouraged  the legislature to consider that this                                                               
is the right thing to do for the state.                                                                                         
                                                                                                                                
1:34:55 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN  stated that ultimately the  matter comes down                                                               
to a decision of "yes" or "no."  He continued:                                                                                  
                                                                                                                                
     Here's  what you  get with  "yes":   a  company that  I                                                                    
     believe  is   the  best   in  Northern   America  doing                                                                    
     pipelines.  It's a company  that works with these other                                                                    
     companies  every day;  they know  how to  get gas  into                                                                    
     their pipeline.   And remember  Mr. Palmer  saying, "We                                                                    
     don't  own any  gas, and  yet we  have 36,000  miles of                                                                    
     pipeline."  We get a  premier company in North America.                                                                    
     We  get firm  timelines  to open  season;  we get  firm                                                                    
     timelines  to  FERC  certification.    We  are  clearly                                                                    
     moving forward.  Now, when  Alaska makes a new law, and                                                                    
     in  effect, by  saying  yes, you  have  told the  whole                                                                    
     world, "Alaska  is now going  to protect  open access,"                                                                    
     companies adjust, companies understand.   But until you                                                                    
     do  that, they  will rather  defeat AGIA,  because then                                                                    
     you get to the no answer.                                                                                                  
                                                                                                                                
     What happens if it's "no?"   In simple terms, last week                                                                    
     I said, "They own us."   That's what you get if you say                                                                    
     no.   We  will wait  and  hope they  do something,  but                                                                    
     understand  ...  they're  not here  because  they  love                                                                    
     Alaska.   They're here  to make money.   And  they will                                                                    
     look worldwide  at their decisions.   Alaska, it's okay                                                                    
     to  stand  up  for  what's  right  for  Alaska  -  it's                                                                    
     business.  We have a clear  path.  But "no" means we're                                                                    
     subservient to them; they own us.                                                                                          
                                                                                                                                
COMMISSIONER  IRWIN  expressed  appreciation  for  the  time  the                                                               
legislature is giving to this matter.                                                                                           
                                                                                                                                
1:36:54 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS noted  that he did ask one of  the proposers of the                                                               
aforementioned  Denali project  "why they  were doing  that," and                                                               
their answer simply  was, "The price of gas."   He stated that it                                                               
appears  that in  talking with  some of  the consultants  that no                                                               
matter what the scenario, "the price  of gas is the variable that                                                               
is the most different."                                                                                                         
                                                                                                                                
1:37:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  stated that  she is present  to listen                                                               
to facts  and figures in order  to make a successful  decision on                                                               
moving a  project forward.   She said she  wants to know  why the                                                               
Monte Carlo  approach was chosen  over the Wood  Mackenzie report                                                               
if "best  practice" is involved,  and whether the  Wood Mackenzie                                                               
report "was not using as safe type of criteria."                                                                                
                                                                                                                                
COMMISSIONER  IRWIN  said  the administration's  consultants  are                                                               
qualified to  answer that  question and  could address  it during                                                               
their upcoming testimony.                                                                                                       
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH indicated  that [the  legislature] was                                                               
told  during this  special session  that the  administration gave                                                               
TransCanada  a  1  [to]  2   percent  inflation  factor,  but  in                                                               
Anchorage, the administration's consultants  spoke of a 4 percent                                                               
cost inflation factor.  She questioned the discrepancy.                                                                         
                                                                                                                                
COMMISSION   IRWIN  explained   that  the   administration  asked                                                               
TransCanada  for specifics  in order  to compare  one project  to                                                               
another "on the same basis."  He continued:                                                                                     
                                                                                                                                
     When we  went to our  consultants, we wanted  to expand                                                                    
     that  analysis for  huge ranges,  so in  a Monte  Carlo                                                                    
     system  we can  see the  variances of  best-case/worst-                                                                    
     case, and  there's hundreds of items  - maybe thousands                                                                    
     of items  - that have  to be  evaluated.  We  wanted to                                                                    
        check all the permutations, combinations of best-                                                                       
     case/worst-case, and  that's what a Monte  Carlo system                                                                    
     allows you to  do.  One was to  compare applicants; the                                                                    
     other  was we  didn't, frankly  -- let  me put  it this                                                                    
     way:  trust and verify.   We're learning as a state, no                                                                    
     matter what  you're told, trust and  verify, and that's                                                                    
     why the significant difference with our consultants.                                                                       
                                                                                                                                
1:40:52 PM                                                                                                                    
                                                                                                                                
PATRICK  GALVIN, Commissioner,  Department  of Revenue,  expanded                                                               
upon   Commissioner  Irwin's   response   by   noting  that   the                                                               
assumptions  that TransCanada  used in  its application  were the                                                               
same  assumptions used  by all  the applicants.   The  reason, he                                                               
said, is because [the administration]  asked the applicants to do                                                               
"a project planning  effort" - to identify what  their costs were                                                               
according  to a  single point  assumption  given to  them by  the                                                               
administration.   He  explained that  the administration  was not                                                               
asking  its  experts  to  determine  what gas  would  cost  on  a                                                               
particular day and determine the  economics from that, but rather                                                               
"to  look  at   the  sensitivities  across  a   number  of  these                                                               
variables."  He said the  administration was trying to convey the                                                               
range  of  possibility  to  the  legislature.    The  consultants                                                               
present  the  "mid-case"  and  then  "explain  the  sensitivities                                                               
around that."                                                                                                                   
                                                                                                                                
1:42:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    FAIRCLOUGH    said    she    understands    the                                                               
sensitivities, but  she stated concern  that the public  may not,                                                               
through  the media,  get an  in-depth definition  of a  4 percent                                                               
cost inflation factor  versus a 1 percent  cost inflation factor.                                                               
She  said  the  legislature  also   has  the  understanding  that                                                               
construction costs have been rising  at close to 30 percent every                                                               
year  for the  last four  years.   She said,  "As you're  turning                                                               
those toggles,  we need a  sense of reality  on where the  gas is                                                               
coming from."                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH asked  whether the  commissioners have                                                               
sent a letter  of inquiry to the Alaska Oil  and Gas Conservation                                                               
Commission (AOGCC) about "what could  be extracted off of Prudhoe                                                               
Bay," and whether  there is an answer related to  the 2.5 billion                                                               
cubic feet  (bcf) amount  that was "presented  in Anchorage  as a                                                               
way to make this project successful."                                                                                           
                                                                                                                                
COMMISSIONER IRWIN responded as follows:                                                                                        
                                                                                                                                
     We have asked,  and that is not complete,  but from all                                                                    
     of the  information we have:   Point Thompson  ... will                                                                    
     be out  for years;  Prudhoe Bay  will be  available for                                                                    
     draw down.   ...  All of our  expert advise  we've been                                                                    
     given  is:   we have  the  gas resources  to make  this                                                                    
     project happen.                                                                                                            
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  noted that Commissioner Irwin  has had                                                               
the  TransCanada application  in his  possession since  November,                                                               
and she  asked him when he  asked AOGCC "how much  you could draw                                                               
down for your economic analysis."                                                                                               
                                                                                                                                
COMMISSIONER  IRWIN said  he does  not have  that information  at                                                               
hand.                                                                                                                           
                                                                                                                                
COMMISSIONER  GALVIN  stated  his  belief that  the  inquiry  was                                                               
started a year  ago, after the AGIA bill passed,  because at that                                                               
time,  the  issue  had  surfaced  regarding  potential  off-take.                                                               
Continual efforts  have been made  to "try  to refine that."   He                                                               
said  the issue  faced  by all  is the  fact  that AOGCC  doesn't                                                               
operate  along the  decision-making  framework  where it  chooses                                                               
what  the off-take  should be;  it is  an adjudicatory  body that                                                               
merely grants  a yes  or no  to requests  that may  come in.   He                                                               
continued:                                                                                                                      
                                                                                                                                
     And  so,  the  exercise   that  they've  been  sort  of                                                                    
     undertaking is providing us with  ... the range of what                                                                    
     they think may be within  the possibility of what might                                                                    
     get a yes vote, but it  would be based upon the request                                                                    
     and the data that would be presented.                                                                                      
                                                                                                                                
     ... Kathy  Forrester, I think  the current  chairman of                                                                    
     AOGCC, has spoken publicly about  ... her comfort level                                                                    
     with discussion  of an off-take  in the 3.5  range that                                                                    
     we discuss  in our finding.   And so, that's,  I think,                                                                    
     the furthest AOGCC  is likely to go before  they get an                                                                    
     actual application.                                                                                                        
                                                                                                                                
COMMISSION IRWIN  added that the producers,  with their proposal,                                                               
certainly   feel  comfortable   that  they   can  move   forward.                                                               
Furthermore,  TransCanada really  understands "this  information"                                                               
and  feels comfortable  to move  forward.   He  stated, "When  it                                                               
comes close to  a gasline really moving  forward, the exploration                                                               
we'll  have  in  this  state   will  significantly  increase  gas                                                               
availability."  He named the  Wyoming and British Columbia charts                                                               
as examples  of that growth.   He added, "And don't  forget, most                                                               
of our gas is found in oil basins, not in the gas basins."                                                                      
                                                                                                                                
1:47:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   said  she  is  trying   to  make  an                                                               
evaluation  on the  licensee before  the legislature.   She  said                                                               
although  she  can  appreciate hearing  about  the  readiness  of                                                               
producers, the  purpose of the  legislature currently is  to find                                                               
out  why the  administration  is supporting  [TransCanada].   She                                                               
said  TransCanada  has convinced  her  that  it is  qualified  to                                                               
undertake  a  gasline  project.    Additionally,  she  said,  the                                                               
administration has convinced her that  a $10 billion liability is                                                               
a remote possibility.   She clarified, "But what I  don't want to                                                               
hear  is spin  - telling  me where  product is  available."   She                                                               
indicated  having  been told  by  Ms.  Forrester that  AOGCC  was                                                               
"getting ready to retract a  previous statement that they had gas                                                               
available."  She continued:                                                                                                     
                                                                                                                                
     Again, I  just would  ask everyone who's  presenting to                                                                    
     talk  about  the  project  that's  before  us  and  not                                                                    
     throwing  darts  at  a  project   that  we  don't  know                                                                    
     anything about, as  has been said by the  producers.  I                                                                    
     don't  care  why the  producers  are  moving a  project                                                                    
     forward;  I care  that this  administration is  saying,                                                                    
     "This is the next step for  Alaska."  And I want to, on                                                                    
     behalf of the  people that have chosen to put  me in my                                                                    
     seat, ...  make the best decision  possible for Alaska.                                                                    
     And  so, it  is important  whether we  have gas  on the                                                                    
     line to  go into the  line.  ...  I'm not trying  to be                                                                    
     disrespectful;  I want  to be  able to  push the  green                                                                    
     button  and vote  yes for  what you're  presenting, but                                                                    
     please tell me why we  have gas from our position going                                                                    
     forward and not about other people's.                                                                                      
                                                                                                                                
1:49:08 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  IRWIN  expressed   appreciation  of  Representative                                                               
Fairclough's study of  the issue and her desire  for Alaskan's to                                                               
hear the  facts.  He  said his intent  was not to  convey "spin,"                                                               
but to convey, from his position,  why he feels Alaska has enough                                                               
gas.   He  explained  that he  shared other  issues  that he  and                                                               
Commissioner Galvin  had to address  in getting to  their present                                                               
position,  because he  thinks not  talking about  why they  don't                                                               
think the  Denali project  is better or  mentioning LNG  would be                                                               
hiding information from the legislature.                                                                                        
                                                                                                                                
1:50:27 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS requested that Commissioner  Irwin provide a visual                                                               
aid  that  shows  risk  allocation  related  to  the  TransCanada                                                               
project  timeline and  decision-making  process,  and to  include                                                               
downsides or conflicts, not just "the positives."                                                                               
                                                                                                                                
1:52:09 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN  said he  thinks he can  readily do  that with                                                               
the information at hand.                                                                                                        
                                                                                                                                
CHAIR  HUGGINS   clarified  for   those  listening  that   he  is                                                               
requesting from  the commissioner an overview  of risk allocation                                                               
and "where  you allocated  those in  your consideration,"  and is                                                               
requesting  that  the commissioner  "reemphasize  that  as we  go                                                               
through the points in the documents."                                                                                           
                                                                                                                                
1:53:34 PM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN  said there was  a reference  made - not  only by                                                               
Commissioner Irwin  today, but  by other  presenters in  the last                                                               
couple days  - to  $10 billion  "on gives from  the state  to the                                                               
major oil producers under  the previous administration's proposal                                                               
in the Stranded Gas  Act."  He recalled that quite  a bit of that                                                               
calculation  had to  do with  a 20  percent capital  credit.   He                                                               
asked if that is correct.                                                                                                       
                                                                                                                                
1:54:34 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  IRWIN  responded that  "all  of  those numbers  are                                                               
defined  in" the  Econ  One report.   He  said  he remembers  the                                                               
amount of  $10 billion specifically, "because  when we calculated                                                               
ourselves we  came up with $13  billion, but we chose  to go with                                                               
Econ One."                                                                                                                      
                                                                                                                                
1:55:02 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN offered further information:                                                                                
                                                                                                                                
     Econ One,  at the  time, as they  are now,  was working                                                                    
     for the  legislature and [on] the  legislative analysis                                                                    
     of that  contract.  And  that was the number  that they                                                                    
     came  up with,  in terms  of the  value of  the project                                                                    
     under  the existing  scenario versus  the value  of the                                                                    
     project under what was proposed in the contract.                                                                           
                                                                                                                                
1:55:26 PM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN reiterated  that part of that  calculation had to                                                               
do with a  20 percent capital credit, which he  noted is in place                                                               
currently.   He  remarked, "So,  ... I'm  not quite  sure that  a                                                               
tight  parallel with  those numbers  to what  we're dealing  with                                                               
today is even a legitimate issue to have."                                                                                      
                                                                                                                                
COMMISSIONER GALVIN said he agrees  with Senator Stedman that "it                                                               
does change  when you compare  it with where  we are today."   He                                                               
continued:                                                                                                                      
                                                                                                                                
     Because  when  we look  at  the  issue today,  what  we                                                                    
     recognize is  that under  that analysis  there actually                                                                    
     was  a gas  production tax  that was  based on  a gross                                                                    
     rate ...  in the neighborhood  of, I think,  7 percent.                                                                    
     If  you compare  that  to, for  example,  the ACES  end                                                                    
     result, you're going  to end up with  probably a larger                                                                    
     cost  that would  be associated  with the  Stranded Gas                                                                    
     contract from what we have  in place today than the $10                                                                    
     billion.   And we  wanted to use  the $10  billion just                                                                    
     because  it was  the  number from  ... that  particular                                                                    
     time, based on legislative consultants.                                                                                    
                                                                                                                                
SENATOR  STEDMAN,  regarding  the last  administration's  dealing                                                               
behind closed doors,  recollected, "The Stranded Gas  Act was set                                                               
up to do  just that - to  get a stranded gas basin  and oil basin                                                               
open."                                                                                                                          
                                                                                                                                
COMMISSIONER IRWIN told Senator Stedman he is correct.                                                                          
                                                                                                                                
1:57:02 PM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN, regarding FERC,  recollected that there had been                                                               
a reference  to TAPS.   He  said a  majority of  legislators feel                                                               
that it would  have been nice if  the state had been  in a better                                                               
position  dealing with  TAPS over  the years,  because there  are                                                               
concerns  regarding the  tariff.   He said,  "We all  understand:                                                               
the higher  the tariff [is],  the lower our net  back to us  as a                                                               
state [will  be]."  He asked,  "How correlated is the  gasline to                                                               
oil line in dealing with access issues?"                                                                                        
                                                                                                                                
COMMISSIONER IRWIN  replied that  the two  are not  regulated the                                                               
same; "one is common carrier and one is a contract carriage."                                                                   
                                                                                                                                
SENATOR STEDMAN  asked if that  is a substantial  difference, one                                                               
that the legislature  should tune in and pay attention  to, or if                                                               
it is  just a minor  technicality, in which case  the legislature                                                               
could only have TAPS to think about.                                                                                            
                                                                                                                                
COMMISSIONER IRWIN responded as follows:                                                                                        
                                                                                                                                
     It's actually  much more important,  in my mind,  for a                                                                    
     pipeline - in the gasline.   In an oil line, ... if the                                                                    
     line  is  full,  room  can  be made  for  others  on  a                                                                    
     proportional  basis.   On a  gasline,  when it's  full,                                                                    
     room isn't made for the  new individuals.  So, that's a                                                                    
     critical step.                                                                                                             
                                                                                                                                
     The reason I referenced TAPS  is because of the cost of                                                                    
     the  tariff, also.    Getting into  the  line, if  it's                                                                    
     full,   is  one   major  issue   for  our   future  gas                                                                    
     exploration, but  also, the value of  what it's costing                                                                    
     to put  gas down the  line.  And  this, here, is  now a                                                                    
     similar  circumstance:     If  you  have   an  upstream                                                                    
     producer who owns  ... an oil line, and if  you have an                                                                    
     upstream  producer who  owns a  gasline,  they are  not                                                                    
     incented, as  a pipeline company, to  keep low tariffs,                                                                    
     because at the end of  the year, the extra tariffs they                                                                    
     paid go back ... to the  producers.  If it's a pipeline                                                                    
     company, their  incentive [is] to  keep it low  for new                                                                    
     exploration.                                                                                                               
                                                                                                                                
SENATOR STEDMAN offered his understanding  that this matter would                                                               
be covered in a few days by  means of representation of FERC.  He                                                               
indicated  that future  discussion would  attempt to  answer why,                                                               
for  example,  ExxonMobil  Corporation  does  not  "own  all  the                                                               
pipelines in the  world if it's such  a sweet deal."   He said it                                                               
is  his  impression  that  mid-stream  players  like  TransCanada                                                               
concentrate  in building  and managing  gaslines  in a  regulated                                                               
return environment, while  other companies - for  instance, BP or                                                               
ConocoPhillips  Alaska, Inc.  -  enjoy the  arena of  unregulated                                                               
returns and  seek higher rates of  return than they would  get in                                                               
an unregulated pipeline.                                                                                                        
                                                                                                                                
2:00:45 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  IRWIN  echoed  Senator  Stedman's  remarks  that  a                                                               
company like ExxonMobil  Corporation - one that is  so capable of                                                               
making money  - most likely chooses  not to do small  projects or                                                               
projects  with low  rates of  return, because  it can  invest its                                                               
money other places to get a much higher return.                                                                                 
                                                                                                                                
2:01:23 PM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN recalled that Commissioner  Irwin had warned that                                                               
if the legislature  does not adopt the proposal  before them, the                                                               
three  major   companies  -   ExxonMobil  Corporation,   BP,  and                                                               
ConocoPhillips  Alaska, Inc.  - will,  in affect,  own "us,"  and                                                               
that subsequently he  had said the state would  be subservient to                                                               
those companies.   He  stated that he  personally does  not agree                                                               
with that  sentiment.   He said  he has "two  oil people"  in his                                                               
entire district.                                                                                                                
                                                                                                                                
COMMISSIONER IRWIN  clarified that  he is  not talking  about any                                                               
individual  legislator, but  rather is  talking about  the state.                                                               
He said  the state  knows that its  oil production  is declining.                                                               
He  predicted  that  Alaska,  as  a state,  is  going  to  become                                                               
increasingly desperate  to figure out how  to pay its bills.   He                                                               
emphasized:                                                                                                                     
                                                                                                                                
     When  you're  in  a desperate  situation,  and  someone                                                                    
     comes to you and says, "I  will get your gas to market,                                                                    
     but you need to help  me," you're position at that time                                                                    
     is  much,  much  harder  than  it  is  today  with  the                                                                    
     competition we're seeing.                                                                                                  
                                                                                                                                
2:04:03 PM                                                                                                                    
                                                                                                                                
SENATOR  STEDMAN  issued a  reminder  that  roughly half  of  the                                                               
state's tax  is coming  from progressivity,  "... which  the last                                                               
administration  didn't  like,   and  the  current  administration                                                               
wanted to  lower."  The legislature  is the entity that  stood up                                                               
for [progressivity].                                                                                                            
                                                                                                                                
2:05:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES,  regarding Commissioner  Irwin's  previous                                                               
description of what the state would  get by saying yes versus no,                                                               
asked what the  state would gain or lose if,  should it vote yes,                                                               
TransCanada subsequently is not able  to get firm commitments and                                                               
says no to the state.                                                                                                           
                                                                                                                                
2:05:41 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN  responded, "That  is why we  felt so  firm in                                                               
AGIA that we develop past  open season toward certification."  He                                                               
offered  further details,  concluding  that it  is obviously  the                                                               
choice  of the  company, but  he thinks  rational companies  will                                                               
participate.                                                                                                                    
                                                                                                                                
2:08:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES said  he would  like Commissioner  Irwin to                                                               
state for the public's benefit, what  Alaska may stand to lose if                                                               
TransCanada says no.                                                                                                            
                                                                                                                                
COMMISSIONER  IRWIN said  the  biggest risk  would  be if  Alaska                                                               
bails  on  TransCanada, in  which  case  it risks  $875  million.                                                               
Furthermore,  he  said,  the  state  would  lose  an  open-access                                                               
pipeline and basin, which he said would be a tremendous loss.                                                                   
                                                                                                                                
REPRESENTATIVE ROSES  noted that  Commissioner Irwin had  said he                                                               
is  "relatively comfortable  that they  are going  to come  to an                                                               
open season  and that  they will make  a commitment."   Regarding                                                               
that commitment,  he recollected  discussions related to  AOGCC -                                                               
that "what  they recommend be taken  off" has a direct  impact on                                                               
whether  or not  the  pipe will  be  built.   The  amount of  bcf                                                               
determines  not  only  financial  success and  the  viability  of                                                               
investment,  but also  has a  direct  impact on  "whether or  not                                                               
they're going  to be  able to  get the financing  in order  to be                                                               
able to  do the project."   He  said he heard  Commissioner Irwin                                                               
say this morning that he  is not considering the undiscovered gas                                                               
that will be brought on through  new exploration.  He asked, "How                                                               
is  TransCanada  going  to  be  able  to  take  that  unexplored,                                                               
undeveloped, unfound  gas when  they go  to try  to get  money to                                                               
finance this pipeline?  That's  a speculative issue; that's not a                                                               
firm commitment."                                                                                                               
                                                                                                                                
COMMISSIONER  IRWIN responded  that because  of the  potential in                                                               
the basin,  and in addition  to the large known  reserves, "their                                                               
board has made the decision,  based on significant spending, that                                                               
it's worth the risk to be here."  He continued:                                                                                 
                                                                                                                                
     I think it's  important to note that we  have asked for                                                                    
     and  have the  money -  through the  governor's request                                                                    
     through  the  legislature  -  that   we  will  also  be                                                                    
     modeling  Prudhoe Bay  as we  did Point  Thompson.   We                                                                    
     need to know, and we're  pursuing, those issues, but to                                                                    
     the very best knowledge of our  team - the experts - we                                                                    
     feel ... TransCanada is voting  - with their talent and                                                                    
     with  their money  that they  also  could go  elsewhere                                                                    
     with -  ... that it's  worth being here and  it's worth                                                                    
     taking that risk.                                                                                                          
                                                                                                                                
REPRESENTATIVE ROSES  said the  legislature has  heard repeatedly                                                               
that what drives  the economics is the  commitment; therefore, if                                                               
there is  a lower  commitment than anticipated,  the only  way to                                                               
build capacity  is through "the  proposition of  the undiscovered                                                               
gas  being put  into  that  pipeline."   He  asked  how much  the                                                               
economic  specialists  with  whom  the  administration  has  held                                                               
discussions are willing  to finance based on  speculation on what                                                               
may be put in the line.                                                                                                         
                                                                                                                                
COMMISSIONER IRWIN  replied that  the determination was  that "it                                                               
can be financed."                                                                                                               
                                                                                                                                
COMMISSIONER  GALVIN  said  this  issue  is  one  that  has  been                                                               
discussed  in relation  to Point  Thompson, as  well as  both the                                                               
off-take  and total  reserve  at  Prudhoe Bay.    A  4 bcf  line,                                                               
financed over 25  years, results in 40-50 tcf,  "whether you're 4                                                               
or 4.5."  He asked, "We only have  24 known in Prudhoe and 5 or 6                                                               
outside of  that - outside of  Point Thompson - where's  the rest                                                               
of the gas?   Are these guys  ... betting on the come?"   He said                                                               
the  answer to  that is  yes -  "if they  want to  assume maximum                                                               
profit."  He  described a scenario in which no  additional gas is                                                               
found or  nobody else  finds additional gas  that "they  can sell                                                               
their capacity to," and "they end  up with unused capacity as the                                                               
Prudhoe  Bay   production  ends  up  going   through  its  normal                                                               
decline."   He concluded, "They'll still  make sufficient profits                                                               
on this  to justify making that  investment, even if they  do not                                                               
find any  additional gas."   Commissioner Galvin said that  was a                                                               
significant finding.                                                                                                            
                                                                                                                                
REPRESENTATIVE ROSES said he is  glad Commissioner Galvin brought                                                               
up  the Point  Thompson issue,  because  he thinks  it shows  how                                                               
"that point and that field plays into all of this."                                                                             
                                                                                                                                
COMMISSIONER IRWIN said the administration  was very surprised to                                                               
discover  how  economic  the  gas  at  Prudhoe  Bay  is,  but  he                                                               
explained that it makes sense  because so much of the development                                                               
is  there already.   He  said  he suspects  that when  individual                                                               
companies, such  as TransCanada and  others "look at  that," they                                                               
know  "there's  a  real  strong foundation  to  make  those  risk                                                               
decisions."                                                                                                                     
                                                                                                                                
2:15:43 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN,   in  response  to   Representative  Roses'                                                               
previous question regarding  what the risk to the  state would be                                                               
if, during  open season, TransCanada  decides it will  walk away,                                                               
offered two  answers.   The first answer  would be  determined by                                                               
answering what  the obligations are that  TransCanada's making in                                                               
its application and  what remedies are available to  the state if                                                               
that company  should breach  those obligations.   If  that should                                                               
happen,  he said,  the  state would  get back  not  only all  its                                                               
money, but  also all the  work product the company  provided, and                                                               
it would be  able to "pursue other remedies available  at law for                                                               
damages and breach  of contract."  Second,  as Commissioner Irwin                                                               
pointed out,  TransCanada has significant commercial  interest in                                                               
participating in the  project that would continue  to "drive them                                                               
to live up to their obligations."                                                                                               
                                                                                                                                
COMMISSIONER GALVIN,  regarding financial risk exposure,  said if                                                               
the state wanted to  "jump off of the AGIA track ...  and go in a                                                               
different direction,"  it is important  to recognize  that treble                                                               
damage  exposure will  grow  only as  the  expenditures that  are                                                               
actually made to the project grow.  He continued:                                                                               
                                                                                                                                
     Given  that  it's tied  to  the  TC Alaska  expenditure                                                                    
     separate from  what the state reimburses  them for, and                                                                    
     after an  open season,  as it  has been  discussed, the                                                                    
     expenditure  profile  changes  to 90  percent  state/10                                                                    
     percent TC  Alaska.  But  that treble  damages exposure                                                                    
     goes down as well; they're  expending much slower.  ...                                                                    
     At  the end  of the  day ...  [when] we  get the  first                                                                    
     certificate and  all the money's been  expended by both                                                                    
     the state and TC Alaska,  ... the total exposure to the                                                                    
     state,  including the  $500  million,  plus the  treble                                                                    
     damages, is  ... $875 [million].   But ... when  we get                                                                    
     to an  open season,  at that  particular point  in time                                                                    
     the state will have expended  our ... $42 million, half                                                                    
     of the  $84 [million] that's been  projected, the costs                                                                    
     to get to that point,  and our treble damage exposure's                                                                    
     been three  times the 42.   And so, our  total exposure                                                                    
     at  that  point  is  $166  million  across  the  board.                                                                    
     That's everything.   That's our investment;  that's our                                                                    
     contribution  and  our treble  damage  amount.   So,  I                                                                    
     think  it's  important  for  the   folks  at  home  and                                                                    
     legislators   here   to   understand  that   we   don't                                                                    
     immediately get on the hook  for our $500 million, plus                                                                    
     some calculation of three times the same amount.                                                                           
                                                                                                                                
2:18:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES offered his  understanding that in the event                                                               
that TransCanada withdrew,  the state would be  reimbursed by the                                                               
company  only  if a  mediator  determined  that the  project  was                                                               
economic and  thus the  company should not  have been  allowed to                                                               
back out of the contract.                                                                                                       
                                                                                                                                
COMMISSIONER GALVIN  confirmed that is  correct.  He said  a year                                                               
ago there  was much debate to  determine when a project  would be                                                               
deemed uneconomic.   Various factors  go into  the determination.                                                               
He stated, "The world would  have to change dramatically in order                                                               
for  them to  conclude  that  this project  is  uneconomic."   He                                                               
clarified that  if, during the  open season, TransCanada  were to                                                               
conclude  that the  project  was uneconomic,  then  the State  of                                                               
Alaska  would have  to seriously  consider the  project as  worth                                                               
pursuing.                                                                                                                       
                                                                                                                                
REPRESENTATIVE ROSES stated:                                                                                                    
                                                                                                                                
     The amount of  commitment you get for the  gas is going                                                                    
     to  determine whether  or not  they get  the financing;                                                                    
     whether  or not  they get  the financing  and how  much                                                                    
     risk  is involved  determines  the  interest rate  that                                                                    
     they're going to  have to pay on that money.   So, even                                                                    
     though you  say that  you're going  to have  people out                                                                    
     there that  are willing to finance  on the speculation,                                                                    
     the more  speculative it is,  the higher  the interest;                                                                    
     the  higher  the interest,  the  higher  the cost;  the                                                                    
     higher the  cost, the  less economic  it becomes.   So,                                                                    
     this  is all  tied together.   So,  when people  in the                                                                    
     audience  hear  us talking  about  whether  or not  ...                                                                    
     companies will  commit, how much gas  is available from                                                                    
     the North Slope  - with or without  Point Thompson, how                                                                    
     much we're going to have  to depend on that speculation                                                                    
     drilling to  be able to  fill that pipe, it's  all tied                                                                    
     to the  economics which  drive whether  or not  this is                                                                    
     going to be a pipeline  that will succeed or a pipeline                                                                    
     that will fail.   All of those  dynamics play together;                                                                    
     even  though they  appear to  be separate  issues, they                                                                    
     aren't.                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN said Representative Roses is absolutely                                                                      
correct.  He continued:                                                                                                         
                                                                                                                                
     I  took  the  top  number  that  were  at  risk.    Pat                                                                    
     mentioned  166.     This  depends  on   spending  rate,                                                                    
     obviously.  We hope it goes  faster, ... but on what we                                                                    
     anticipate,  that 166  goes to  2007.   The next  year,                                                                    
     376.   I  should  round these  off  in big  quantities:                                                                    
     550, 725, and the 873.60 I  round off to 875.  So, that                                                                    
     gives you an  idea as you're asking  the progression on                                                                    
     it.                                                                                                                        
                                                                                                                                
COMMISSIONER GALVIN clarified that the information Commissioner                                                                 
Irwin was citing was from slide 38 of the commissioners'                                                                        
findings packet distributed a couple days ago.                                                                                  
                                                                                                                                
2:22:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  expressed concern that in  waiting until the                                                               
end  of  the  60  days  of the  combined  special  sessions,  the                                                               
legislature  may delay  the start  of a  gasline.   He asked  the                                                               
commissioners by  which date the  legislature would need  to vote                                                               
in order not to miss another field season.                                                                                      
                                                                                                                                
COMMISSIONER  GALVIN noted  that two  days ago,  Tony Palmer  had                                                               
"put  the schedule  that's  in his  application  out 10  months,"                                                               
because of the  trade-off of the lost summer  schedule from April                                                               
to August.   He  relayed that yesterday  morning Mr.  Palmer said                                                               
that if the decision was made in  July, that would save time.  He                                                               
said Mr.  Palmer's knowing now  that a  decision will be  made in                                                               
July  is  much more  valuable  than  knowing  on  July 1  that  a                                                               
decision is going to be made that day.                                                                                          
                                                                                                                                
COMMISSIONER IRWIN added, "We will  also take that opportunity to                                                               
work  with TransCanada  and reaffirm  with Mr.  Palmer so  he can                                                               
also speak for his company."                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA requested  a follow-up  in writing  from the                                                               
commissioners  showing the  following:   when a  vote would  save                                                               
time, how much  time might be saved, and "when  knowing when that                                                               
vote's  going  to  be  would  also  help."    He  said  then  the                                                               
legislature  can make  a decision,  and he  would be  encouraging                                                               
that decision to happen sooner than later.                                                                                      
                                                                                                                                
2:26:19 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked the commissioners  for the original objective                                                               
the  administration   had  in  bringing   its  proposal   to  the                                                               
legislature, and when that actually  happened.  He explained that                                                               
he would like to "see what's happened to the timeline."                                                                         
                                                                                                                                
COMMISSIONER IRWIN  said he believes the  date was in April.   He                                                               
continued:                                                                                                                      
                                                                                                                                
     Understand  when we  had the  issue of  determining the                                                                    
     LNG contract  was not complete, we  understood we would                                                                    
     be delaying the  project or the timelines,  but we just                                                                    
     determined it  was absolutely critical before  we could                                                                    
     come  to the  legislature and  to Alaskans  and say  we                                                                    
     made  a   determination  without  evaluating   the  LNG                                                                    
     options.   We felt it  was appropriate to do  that, and                                                                    
     it also required time.                                                                                                     
                                                                                                                                
2:27:24 PM                                                                                                                    
                                                                                                                                
SENATOR  GREEN stated  that she  does  want anyone  to think  the                                                               
legislature would in any way  delay hearings.  She suggested that                                                               
if  anyone  is  to  be  blamed,  it  could  be  the  process  and                                                               
extensions on  various dates.   She  opined that  the legislature                                                               
has  been  forthright  in  the  amount  of  time  taken  for  its                                                               
hearings.    She  indicated that  information  requested  by  the                                                               
legislature was never  received.  She stated, "So,  I don't think                                                               
we're at a point where we  need to expedite our hearings in light                                                               
of the schedule  we've been placed on."  She  said she thinks the                                                               
legislature's reason  for having  these hearings  is not  only to                                                               
get  the legislators  up  to speed  on this  issue,  but also  to                                                               
ensure  that  the  public  has  access  to  all  the  information                                                               
available,  as  well  as  the  opportunity  to  testify  and  ask                                                               
questions.                                                                                                                      
                                                                                                                                
2:28:30 PM                                                                                                                    
                                                                                                                                
SENATOR FRENCH, regarding  gas ownership, said he knows  a lot of                                                               
Alaskans believe that choosing TransCanada  as a pipeline builder                                                               
is a  bad idea,  because the company  does not own  any gas.   He                                                               
said he would  like to know how many miles  of existing pipelines                                                               
were  built by  resource  owners versus  pipeline companies,  and                                                               
whether higher  gas prices  shift the  balance and  make pipeline                                                               
construction and  ownership more attractive to  a resource owner,                                                               
or  whether the  regulated  rates  of return  always  serve as  a                                                               
disincentive  to a  production  and exploration  company when  it                                                               
comes to building pipelines.                                                                                                    
                                                                                                                                
SENATOR  FRENCH stated  that the  North Slope  is a  separate and                                                               
isolated basin.  He asked:                                                                                                      
                                                                                                                                
     How will  the fact that there  will ultimately probably                                                                    
     only be one  tube of steel - one gas  pipeline - coming                                                                    
     out of that basin to bring  that gas to market ... lead                                                                    
     to anti-trust  problems should  the producers  elect to                                                                    
     build  the   pipeline  ...,  particularly   given  that                                                                    
     they've  chosen to  operate  outside  the framework  of                                                                    
     AGIA?                                                                                                                      
                                                                                                                                
SENATOR FRENCH  said he  would like the  answer to  that question                                                               
made available to everybody present.                                                                                            
                                                                                                                                
COMMISSIONER GALVIN said Senator  French's first set of questions                                                               
would be answered by "the folks  who are actually in the pipeline                                                               
business," while  his anti-trust  questions would be  answered by                                                               
the administration's legal counsel.                                                                                             
                                                                                                                                
2:30:50 PM                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI, regarding availability  of gas and gas off-                                                               
take, asked the commissioners if they  put any weight in the fact                                                               
that the  producers put in a  bid under the Stranded  Gas Act and                                                               
are now preparing  their Denali project, which is  similar to the                                                               
bill before  the joint committees.   He  asked if that  gives the                                                               
administration any  sort of confidence  that there is  enough gas                                                               
and gas off-take available.                                                                                                     
                                                                                                                                
COMMISSIONER IRWIN  said it gives  him a  lot of confidence.   He                                                               
said  he  takes comfort  in  seeing  a company  like  TransCanada                                                               
looking at  this proposal  and being willing  to take  such risks                                                               
itself after have  its board discuss the issues  at great length.                                                               
Furthermore experts  involved with  the United  States Geological                                                               
Survey  (USGS), from  the Division  of  Geological &  Geophysical                                                               
Services  (DGGS), and  some  company  representatives are  saying                                                               
huge gas amounts are available.                                                                                                 
                                                                                                                                
2:32:28 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  stated that in  the request for  application (RFA)                                                               
is a sentence that read:   "The provisions of the license may not                                                               
be  explained,   supplemented,  or  qualified   through  parallel                                                               
evidence."                                                                                                                      
                                                                                                                                
CHAIR HUGGINS said that after  a break he would like Commissioner                                                               
Galvin to  explain what  that sentence means  and what  effect it                                                               
has on what the legislature is doing here today.                                                                                
                                                                                                                                
The committee took an at-ease from 2:33:04 PM to 2:52:47 PM.                                                                
                                                                                                                                
CHAIR  HUGGINS noted  that Commissioner  Galvin had  asked during                                                               
the break to defer answering Chair Huggins' question.                                                                           
                                                                                                                                
CHAIR HUGGINS announced that the  joint committee would hear next                                                               
from Commissioner Clark Bishop.                                                                                                 
                                                                                                                                
2:53:19 PM                                                                                                                    
                                                                                                                                
CLARK  "CLICK"  BISHOP,  Commissioner,   Department  of  Labor  &                                                               
Workforce  Development,  offered   an  introduction  preceding  a                                                               
PowerPoint presentation  regarding jobs  and training  related to                                                               
the  TransCanada project.   He  spoke  of his  experience in  his                                                               
field.    He  noted  that  when AGIA  was  passed,  AS  43.90.470                                                               
mandated that  a workforce must  be trained.   He stated  that he                                                               
brought  together industry,  labor, education,  state government,                                                               
and federal government to pull  a training plan together that was                                                               
presented to  the legislature  in February.   That is  phase one.                                                               
Phase  two,  he  explained,  is  the  project  implementation  by                                                               
schedule/time  and  by   strategy.    Phase  three,   yet  to  be                                                               
completed,  will  be  training  capacity  throughout  the  state.                                                               
Phase three,  he indicated, will  help identify  training centers                                                               
and  define "what  their exact  training capacity  is for  a very                                                               
specific area of expertise."                                                                                                    
                                                                                                                                
COMMISSIONER BISHOP  announced that  another thing that  is being                                                               
done  inside  the  AGIA  training  plan  is  the  integration  of                                                               
training  programs.   He said  he is  accomplishing this  task by                                                               
bringing  training  providers together  in  the  state that  have                                                               
never  communicated  with each  other.    He  said it  will  take                                                               
everybody pulling together  in a unified front  to accomplish the                                                               
mission of  having the best  educated, best trained  workforce in                                                               
the  state.   He concluded,  "I can't  do it  alone; I  need your                                                               
help; I need everybody's help to pull this assignment off."                                                                     
                                                                                                                                
2:57:02 PM                                                                                                                    
                                                                                                                                
GUY  BELL,  Assistant  Commissioner,  Director,  Central  Office,                                                               
Division  of  Administrative  Services,  Department  of  Labor  &                                                               
Workforce  Development   (DLWD),  gave   the  first  part   of  a                                                               
PowerPoint presentation  regarding jobs  and training  related to                                                               
the proposed TransCanada project..   He stated that the workforce                                                               
goal for  AGIA is:   "a trained  and available workforce  for gas                                                               
pipeline-related occupations."  He relayed  that with the help of                                                               
the  steering committee  and the  research and  analysis section,                                                               
the department identified 113 occupations  that are the focus for                                                               
the gas pipeline training plan.                                                                                                 
                                                                                                                                
MR. BELL  described the workforce  development process,  as shown                                                               
on slide  4 of the  PowerPoint presentation.   He said  the first                                                               
step  is to  identify "skills  gaps," which  are occupations  for                                                               
which  there are  no Alaska  workers  available.   He said  Brynn                                                               
Keith would expound on that issue.   He said the department makes                                                               
efforts  to  minimize those  gaps  by  various means,  including:                                                               
awareness;   effective   labor  exchange,   including   web-based                                                               
services  and  the  job  center   network;  and  making  training                                                               
services accessible and affordable.                                                                                             
                                                                                                                                
MR. BELL  directed attention  to slide 5,  "Training System  at a                                                               
Glance," which he described as  a collaborative, dynamic system."                                                               
He said that  as Commissioner Bishop noted, it takes  a number of                                                               
partners to develop a workforce,  starting with partners involved                                                               
in  the  secondary  education  system  and  proceeding  into  the                                                               
postsecondary   education   system,   and  including   those   in                                                               
employment services.   Often, he said, workers  find it necessary                                                               
to return  to postsecondary  training in  order to  enhance their                                                               
skills while they are working.                                                                                                  
                                                                                                                                
MR.  BELL   turned  to  slide  6,   which  address  "Challenges."                                                               
Economic  cycles are  one challenge.    While Alaska  has had  20                                                               
years  of  consecutive and  steady  employment  growth, he  said,                                                               
there has  been significant fluctuation within  industries during                                                               
that period.   Another challenge is the ebb and  flow of workers.                                                               
Mr. Bell  reported that 70,000 people  move in and out  of Alaska                                                               
each year.   113,000 Alaskans  are Baby Boomers, ages  51-65, and                                                               
will begin leaving  the workforce, while 11,000  Alaskans turn 18                                                               
each year  - an indicator  of the  number of people  entering the                                                               
workforce.     A   third  challenge   is  basic   awareness,  the                                                               
understanding of  the jobs available,  not just  professional but                                                               
significant  opportunities  in blue  collar  jobs,  as well.    A                                                               
fourth challenge is the cost  and accessibility of training.  The                                                               
last challenge relates  to job barriers.   For example, employees                                                               
need  to be  drug-free,  often a  driver's  license is  required,                                                               
basic skills  are necessary to  be employable,  and certification                                                               
needs to be meaningful and transferrable.                                                                                       
                                                                                                                                
3:00:17 PM                                                                                                                    
                                                                                                                                
MR. BELL  noted that Commissioner  Bishop had mentioned  the AGIA                                                               
training plan, which was derived with the assistance of a high-                                                                 
level  steering  committee; phases  one  and  two of  which  have                                                               
effectively  been  completed.    He referred  to  information  on                                                               
slides 7-11 of the PowerPoint,  which addresses and describes the                                                               
"Four  AGIA Strategies."   The  first strategy,  he noted,  is to                                                               
increase awareness of  and access to careers  in natural resource                                                               
development.   The second  strategy, he said,  is to  improve the                                                               
career  and technical  education  system.   Regarding the  second                                                               
strategy,  Mr. Bell  said the  state needs  to do  the following:                                                               
ensure  that by  the time  Alaska's students  graduate from  high                                                               
school,  they are  "work ready,"  with a  career plan,  and basic                                                               
employability  skills,  as  well   as  applied  skills  in  math,                                                               
reading, and  locating information; improve  vocational technical                                                               
education opportunities,  to add basic skill  development; and to                                                               
work  towards   "comprehensive  and  consistent   industry  skill                                                               
standards to guide  training entities, so that  students have the                                                               
skills to  enter employment once  they exit training."   He noted                                                               
that there is a program that  is funded this year and next, which                                                               
offers basic skills training in  the construction industry to in-                                                               
school and out-of-school youth and adults.                                                                                      
                                                                                                                                
MR.  BELL  said the  third  strategy  is to  increase  registered                                                               
apprenticeships    and    on-the-job   training    opportunities.                                                               
Registered apprenticeship offers a  program of work and training,                                                               
which  leads   to  a  skilled   and  high-paying  career.     The                                                               
[department]  is  working  with   employers  and  -  through  the                                                               
educational process -  workers around the state to  meet the goal                                                               
of the third  strategy.  He said, "We do  offer financial support                                                               
for training,  as well  as partial payment  of wages,  subject to                                                               
agreement  by  employers, to  train  and  retain workers."    The                                                               
department  measures the  outcomes.   Those measurements  include                                                               
the number of people who  successfully complete training and pre-                                                               
and post-training wages.  The  fourth strategy, Mr. Bell said, is                                                               
"to increase  training for operations, technical,  and management                                                               
workers."   He shared that  another success story was  the almost                                                               
doubling in size of the  engineering program at the University of                                                               
Alaska, thanks  to funding from  the legislature.  Mr.  Bell said                                                               
other  goals toward  meeting strategy  number  four are  to do  a                                                               
better  job  of  recruiting  Alaskans   to  high  skill  training                                                               
opportunities and  to focus on  the state's incumbent  workers to                                                               
ensure  they   have  the  opportunity  to   access  training  for                                                               
advancement  opportunities,   as  well  as  to   keep  pace  with                                                               
technological change.                                                                                                           
                                                                                                                                
3:03:35 PM                                                                                                                    
                                                                                                                                
BRYNN  KEITH,  Research  Chief,   Research  &  Analysis,  Central                                                               
Office, Division of Administrative  Services, Department of Labor                                                               
&  Workforce  Development  (DLWD),  gave the  second  part  of  a                                                               
PowerPoint presentation  regarding jobs  and training  related to                                                               
the  proposed   TransCanada  project.     She  stated   that  the                                                               
department's charge,  as it  relates to the  AGIA project,  is to                                                               
quantify employment needs.  She  addressed the issue of focus, as                                                               
shown beginning on slide 12  of the PowerPoint presentation.  She                                                               
said  because it  is  too early  in the  process  for Research  &                                                               
Analysis to  develop solid employment  estimates for  the gasline                                                               
project,  the  department has  focused  its  research efforts  on                                                               
identifying preliminary  measures of current and  possible skills                                                               
gaps, as they relate to both the gas line and the economy.                                                                      
                                                                                                                                
MS.  KEITH said  that,  as  shown on  slide  13, the  department,                                                               
working with industry partners,  identified 113 AGIA occupations,                                                               
which  ranged from  those  working in  the  camps, on  logistics,                                                               
safety, or craft, and those  operating equipment.  The department                                                               
used  a  great deal  of  existing  data received  from  employers                                                               
around  the state,  based  on  unemployment insurance,  quarterly                                                               
reports,   and  annual   employer  surveys.     Furthermore,   it                                                               
considered data  derived from the  permanent fund  dividend (PFD)                                                               
to the potential  skill sets of individuals in  the labor market.                                                               
As shown  on slide 14,  Ms. Keith  said to determine  the current                                                               
gap,  the department  looked  at the  number  of nonresidents  in                                                               
Alaska's labor  market.  She said  there are a lot  of reasons an                                                               
employer would  hire a non-Alaskan,  but one of the  primary ones                                                               
is the lack of a locally  available skilled workforce.  She noted                                                               
that in  2006, over  16 percent of  workers were  nonresidents of                                                               
the state,  which represents a  significant opportunity  loss for                                                               
Alaskans.   The future gap, she  said, is much more  difficult to                                                               
quantify.  She said one factor  that can be considered is the age                                                               
of the  incumbent workforce,  on the  assumption that  as workers                                                               
age  they will  need  to  be replaced.    Again,  looking at  the                                                               
figures  from   2006,  she  noted,   more  than  37   percent  of                                                               
individuals  working in  AGIA occupations  were 45  years old  or                                                               
older.                                                                                                                          
                                                                                                                                
3:06:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked what  percentage of the 37 percent                                                               
is included  within the 16 percent.   He clarified that  he wants                                                               
to know  whether a majority of  the older people are  Alaskans or                                                               
nonresidents.                                                                                                                   
                                                                                                                                
MS.  KEITH  said  she  does  not have  that  statistic  at  hand.                                                               
Notwithstanding  that, she  said  younger workers  tend to  move;                                                               
therefore,  generally  speaking,  a   higher  percentage  of  the                                                               
nonresidents would be in the younger  age groups.  In response to                                                               
a request  from Representative Gruenberg,  she agreed  to provide                                                               
that information in writing to the members.                                                                                     
                                                                                                                                
MS.  KEITH turned  to slide  15, which  lists seven  of the  core                                                               
occupations  involved in  the gasline  project, and  "arrayed the                                                               
data that we've  been discussing for the last  couple of slides."                                                               
She said she used the PFD  definition to determine whether or not                                                               
an individual  is a resident,  which is a  restrictive definition                                                               
of residency.   The column referring to worker age  is taken from                                                               
2006, as previously  noted.  The hourly wage data  shown on slide                                                               
15  was  gleaned  from surveys  produced  with  Alaska  employers                                                               
annually.   The occupations listed  range from  relatively highly                                                               
skilled,  to very  skilled, to  high wage.   She  noted that  the                                                               
reason there is  no wage listed for surveyors in  2007 is because                                                               
the survey  response was  not adequate;  however, she  noted that                                                               
the 2006  wage was approximately  $28.00 per  hour.  In  terms of                                                               
nonresident workers, Ms. Keith said  an interesting point is that                                                               
Alaska has  always borrowed or  stolen workers from the  Lower 48                                                               
when needed,  whether it is due  to the seasonality of  its labor                                                               
market or  employment growth  needs.  However,  the aging  of the                                                               
state's workforce is  not a problem unique to  Alaska, but rather                                                               
is a national and global occurrence.   She said that depending on                                                               
what  goes on  in the  economic scene,  globally and  nationally,                                                               
Alaska may find it much more  difficult to meet the state's labor                                                               
needs by  recruiting workers  from out of  the state  or country.                                                               
She said  that indicates  a need  for Alaska  "to grow  our own."                                                               
Assuring   that  Alaskans   have  the   skills  needed   for  the                                                               
occupations  not only  helps residents  find good  career options                                                               
and make  a living wage,  but ensures,  to some degree,  that the                                                               
needs of Alaska's employers are being met.                                                                                      
                                                                                                                                
CHAIR HUGGINS  said there are  multiple engineers  concerned that                                                               
the state currently has an  initiative to modify the licensing of                                                               
Canadian   engineers   to   operate  in   Alaska,   but   without                                                               
reciprocity.  He asked what the status is of that initiative.                                                                   
                                                                                                                                
MS. KEITH said  she does not know the status  of that initiative.                                                               
She  said she  could try  to get  the information,  but explained                                                               
that that is something her office does not follow.                                                                              
                                                                                                                                
3:10:33 PM                                                                                                                    
                                                                                                                                
CONRAD MULLIGAN,  Consultant, ARCADIS, presented a  PowerPoint on                                                               
modeling  of   short-  and  long-term  employment   generated  by                                                               
construction  and operation  of  an Alaska  Natural Gas  Pipeline                                                               
Project.    He relayed  that  ARCADIS  was  asked to  complete  a                                                               
modeling exercise  to determine  short- and  long-term employment                                                               
impacts  of  the construction  and  operation  of a  natural  gas                                                               
pipeline project  in Alaska.   He  pointed out  that any  time he                                                               
references  the pipeline,  he will  be referring  to the  48-inch                                                               
pipe or larger pipe  and not a bullet line within  the state.  He                                                               
offered that the  figures are those generated by  ARCADIS and not                                                               
DLWD.  He  opined that this early in the  process it is difficult                                                               
to generate  employment figures for  a project of this  size that                                                               
will  not start  for several  years.   Thus, he  stated that  the                                                               
figures he is providing are estimates  and not "by any stretch of                                                               
the imagination, an exact number."                                                                                              
                                                                                                                                
MR.  MULLIGAN,  in  response  to a  question  by  Chair  Huggins,                                                               
explained   that   ARCADIS  is   neither   an   acronym  nor   an                                                               
abbreviation.   He  offered his  belief that  ARCADIS is  derived                                                               
from  the  Greek name,  "Arcadia,"  which  is  a place  in  Greek                                                               
mythology in which  earth and water were in  harmony and balance.                                                               
He stated that ARCADIS is an engineering consulting firm.                                                                       
                                                                                                                                
MR.  MULLIGAN  referred  to  slide  2  and  stated  that  ARCADIS                                                               
projected  employment  for  the  following  three  phases:    the                                                               
construction phase  of the  pipeline, including  the installation                                                               
of  compressor  stations,  the   gas  treatment  plant,  and  LNG                                                               
facility;   the  operation   phase;  and   the  exploration   and                                                               
development phase, to include work  on the North Slope that would                                                               
be  spurred by  the  operation of  a natural  gas  pipeline.   He                                                               
referred to  slide 3, labeled  "Sources of Data/Model  Used," and                                                               
reviewed the  sources of its data.   He stated that  ARCADIS used                                                               
information  from   TransCanada's  AGIA  application,   from  the                                                               
state's consultants, and from the  state Division of Oil and Gas.                                                               
He  noted  that  the  model  used  is  called  "Implan"  and  was                                                               
originally developed by the U.S.  Forest Service, which has since                                                               
been privatized.                                                                                                                
                                                                                                                                
3:14:34 PM                                                                                                                    
                                                                                                                                
MR. MULLIGAN  stated that  "Implan" is  a cost-driven  model that                                                               
uses Alaska-specific  labor factors.   Thus, it  did not  rely on                                                               
information  from  the  Lower  48 to  assist  in  generating  its                                                               
figures.                                                                                                                        
                                                                                                                                
MR.  MULLIGAN referred  to slide  4, labeled  "Construction Phase                                                               
Assumptions,"  and  reviewed  his  assumptions.   He  stated  his                                                               
assumption that the  gas treatment plants in Prudhoe  Bay and any                                                               
LNG  facility would  be constructed  outside the  state and  sea-                                                               
lifted  in,  and that  major  equipment  and materials  would  be                                                               
purchased outside  the state, primarily to  eliminate any chances                                                               
for "shadow" or  "false returns" on large  expenditures for items                                                               
such as  turbines and the pipe  itself.  He highlighted  that the                                                               
labor force for  construction of an LNG facility  in Valdez would                                                               
be constrained  by the size of  the camp that could  be installed                                                               
in Valdez, since  the area is a geographically limited  area.  He                                                               
referred  to slide  5,  labeled,  "Construction Phase  Employment                                                               
Results," and stated  that any natural gas  pipeline project will                                                               
create thousands  of short-term  jobs throughout  the state.   He                                                               
offered  that  the largest  numbers  of  these construction  jobs                                                               
would  be  available  during  a  very  brief  peak  period.    He                                                               
suggested  that  for an  overland  pipeline,  the peak  would  be                                                               
approximately three years  long.  He opined that  the state could                                                               
expect  three  to  four  years of  "employment  in  the  hundreds                                                               
range,"  followed by  a couple  years of  employment "in  the low                                                               
thousands," followed by a massive  spike in employment reaching a                                                               
peak,  after which  the  numbers  would drop  off  suddenly.   He                                                               
relayed that the state might expect  a peak of 16,000 jobs in the                                                               
year in which  construction of the LNG project  took place, which                                                               
would consist  of a 48-inch  pipeline from Prudhoe Bay  to Valdez                                                               
and construction  of an LNG facility  to handle 4.5 bcf  per day.                                                               
He  pointed   out  that  the   LNG  would  have  a   longer  peak                                                               
construction  period due  to the  sequential installation  of the                                                               
processing trains  that go  into an LNG  facility.   He explained                                                               
that for an overland pipeline,  as proposed by TransCanada or the                                                               
producers,  there would  be slightly  fewer jobs  - approximately                                                               
15,000 jobs in  the peak year - with approximately  a 3-year peak                                                               
period.                                                                                                                         
                                                                                                                                
MR.  MULLIGAN  referred to  slide  5,  labeled "Operations  Phase                                                               
Employment Results,"  and estimated  that the state  could expect                                                               
200 operations jobs  on an overland pipeline to  run the pipeline                                                               
itself  within Alaska  and  operate the  gas  treatment plant  in                                                               
Prudhoe Bay.   He opined that the LNG facility  would be a large,                                                               
world  class facility  and ARCADIS  estimates that  approximately                                                               
400 jobs would be  created for a facility of its  size.  He noted                                                               
that an LNG option would  offer approximately 600 operations jobs                                                               
in Alaska.                                                                                                                      
                                                                                                                                
3:17:59 PM                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  inquired as  to whether Mr.  Mulligan could                                                               
provide a  breakdown of  the jobs  in Canada  versus the  jobs in                                                               
Alaska for each one of his projections.                                                                                         
                                                                                                                                
CONRAD MULLIGAN answered that all of  the jobs he is referring to                                                               
are jobs in  Alaska and that ARCADIS did not  project any jobs in                                                               
Canada.                                                                                                                         
                                                                                                                                
3:18:19 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS inquired  as to whether including  LNG would create                                                               
five times as many jobs in Alaska.                                                                                              
                                                                                                                                
MR.  MULLIGAN  answered  that   from  an  operations  standpoint,                                                               
approximately 600 jobs would be  created in Alaska versus 200 new                                                               
jobs  for  an  overland  pipeline.   In  response  to  a  further                                                               
question  by  Chair  Huggins, Mr.  Mulligan  clarified  that  the                                                               
estimated  400 jobs  at  the  LNG facility  are  included in  the                                                               
overall 600 jobs figure.                                                                                                        
                                                                                                                                
3:18:47 PM                                                                                                                    
                                                                                                                                
MR. MULLIGAN, referred to slide  6, labeled "E&D Employment - How                                                               
we  generated our  results  - Scenarios,"  and  stated "that  the                                                               
modeling really  shows the crown  jewel exists."  He  stated that                                                               
ARCADIS developed  two scenarios.   One scenario  was based  on a                                                               
non-open access  pipeline, which  assumed no  capacity expansions                                                               
from the  initial 4.5 bcf per  day capacity.  That  scenario also                                                               
assumed no new natural gas  production for associated exploration                                                               
and  development   work  on  the  North   Slope  until  currently                                                               
producing fields  began to  fall off their  plateau.   The second                                                               
scenario was based on TransCanada's  plan which includes capacity                                                               
expansions  and  also  assumes  that  the  pipeline  would  offer                                                               
reasonable tariffs.   He  opined that  ARCADIS deduced  that this                                                               
project  would incite  explorers to  work on  the North  Slope in                                                               
search of new natural gas to  ship on the pipeline.  Referring to                                                               
the graphs,  he stated that  the green area  in the graph  on the                                                               
left shows  production from  current fields at  4.5 Bcf  per day,                                                               
while the  blue area shows  the gas  under each scenario.   Thus,                                                               
under a  non-open access  pipeline, new  natural gas  would begin                                                               
production  in approximately  2031,  while under  an open  access                                                               
pipeline  -  which  assumes  reasonable  tariffs  and  a  vibrant                                                               
natural  gas exploration  and development  industry beginning  in                                                               
the  North Slope  -  exploration and  development  jobs could  be                                                               
generated to  produce the larger  blue shaded  area [illustrating                                                               
some  jobs beginning  in  2020, with  the bulk  of  the new  jobs                                                               
commencing in 2037].                                                                                                            
                                                                                                                                
3:20:53 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  asked for  clarification of  non-open access.   He                                                               
offered  his  understanding that  under  FERC,  the gas  pipeline                                                               
would be open-access.                                                                                                           
                                                                                                                                
MR. MULLIGAN,  using an  LNG project as  an example,  offered his                                                               
understanding  that  FERC  would  not  require  the  liquefaction                                                               
facility at  the end  of pipe  to be  operated in  an open-access                                                               
manner;  therefore,  "it  would  serve as  a  bottleneck  to  the                                                               
pipeline  capacity."    He  said,  "And so,  we  assumed  no  ...                                                               
capacity expansions on the pipeline  upstream of the LNG facility                                                               
in that  case."  In response  to a follow-up question  from Chair                                                               
Huggins, he  said non-open  access would  apply to  "any pipeline                                                               
that  was not  operating capacity  expansions as  amended by  new                                                               
explorers   and/or  that   did  not   offer  tariffs   that  were                                                               
sufficiently  low  to encourage  folks  to  ... explore  for  new                                                               
natural gas and request expansions."                                                                                            
                                                                                                                                
CHAIR  HUGGINS  advised  that  during  the  first  day  that  the                                                               
legislature will  meet in Anchorage, Alaska,  further discussions                                                               
would delineate  this and bring  greater definition to  these two                                                               
courses of action.                                                                                                              
                                                                                                                                
3:22:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  noted that  some people might  be confused                                                               
as  to  whether this  refers  to  TransCanada's proposal  or  the                                                               
Denali proposal.  He pointed out  that each one is an open-access                                                               
pipeline and  would have  negotiated terms.   Thus,  in reviewing                                                               
the scenario of transporting natural  gas from Alaska, he said he                                                               
felt  it was  important to  note  that both  the TransCanada  and                                                               
Denali proposals are for open-access pipelines.                                                                                 
                                                                                                                                
MR. MULLIGAN explained that ARCADIS  is trying to convey, from an                                                               
employment point  of view, a best-case/worst-case  scenario and a                                                               
best-case scenario.                                                                                                             
                                                                                                                                
3:23:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   NEUMAN  related   his  understanding   that  Mr.                                                               
Mulligan's presentation  is based  on the assumption  that value-                                                               
added  processing plants  would not  be  created in  Alaska.   He                                                               
pointed out that value-added processing  plants would create many                                                               
long-term jobs.   He  inquired as to  whether Mr.  Mulligan could                                                               
also include  some information  based on  [value-added processing                                                               
plants].   He further inquired  as to Mr.  Mulligan's perspective                                                               
if an in-state gas pipeline  was developed to provide cheaper gas                                                               
to Alaskans.                                                                                                                    
                                                                                                                                
MR.  MULLIGAN   answered  that  ARCADIS  did   not  consider  any                                                               
employment impacts  from industries  that may  be developed  as a                                                               
result of the development of a natural gas pipeline.                                                                            
                                                                                                                                
REPRESENTATIVE  NEUMAN  inquired as  to  what  effect an  instate                                                               
gasline would have on employment.                                                                                               
                                                                                                                                
MR.  MULLIGAN  answered that  he  would  hesitate to  answer  the                                                               
employment effects of  an in-state gas pipeline since  he did not                                                               
examine  that aspect.    He offered  to  examine exploration  and                                                               
development jobs on the North Slope for members.                                                                                
                                                                                                                                
3:25:19 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS related his  understanding than any gas-to-liquids,                                                               
value-added jobs would potentially happen  in Alberta.  He opined                                                               
that "we owe it to Alaskans" to  find out how having that sort of                                                               
facility  in Alaska  might affect  its job  base.   He asked  Mr.                                                               
Mulligan to look at that  so the legislature would understand the                                                               
numbers for the labor force.                                                                                                    
                                                                                                                                
COMMISSIONER BISHOP  said he believed  that his  department could                                                               
provide that information before the body reconvenes.                                                                            
                                                                                                                                
3:26:15 PM                                                                                                                    
                                                                                                                                
MR.  MULLIGAN  referred to  slide  6  labeled, "Operations  Phase                                                               
Employment  Results," and  noted  that ARCADIS  assumed that  new                                                               
production facilities  would be  constructed on the  North Slope.                                                               
He reiterated  that fields would be  brought on line to  keep the                                                               
pipeline  full at  a  given  capacity, which  for  the best  case                                                               
scenario assumed 5.9 bcf per day  and for the worst case scenario                                                               
used 4.5 bcf per day.                                                                                                           
                                                                                                                                
MR.  MULLIGAN  referred  to  slide  7,  labeled  "Results:    E&D                                                               
Employment,"  and explained  that the  results from  the modeling                                                               
runs were -  for the TransCanada scenario assuming a  5.9 bcf per                                                               
day   throughput   -   approximately   72,000   exploration   and                                                               
development jobs during  the 2015 to 2045 timeframe.   He offered                                                               
that a non-open access project with  a 4.5 bcf per day throughput                                                               
would  produce approximately  47,000 exploration  and development                                                               
jobs  over the  2015  to  2045 timeframe.    He  opined that  job                                                               
creation may be delayed in a  non-open access pipeline due to the                                                               
characteristics of  natural gas production and  fields coming off                                                               
plateau  that  could  extend  as  late  as  2026  versus  a  more                                                               
optimistic timeframe  of 2015  as exploration  development begins                                                               
in anticipation  of that  pipeline being  available to  carry the                                                               
natural gas to market.                                                                                                          
                                                                                                                                
3:28:16 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked for the rationale for the 2026 date.                                                                        
                                                                                                                                
MR.  MULLIGAN  answered that  the  date  is  a function  of  when                                                               
natural gas fields  on the North Slope would  begin their gradual                                                               
decline.    The non-open  access  project  scenario assumes  that                                                               
exploration  and  development  work  would not  begin  until  the                                                               
fields began to  fall off of plateau.  He  referred to that point                                                               
as a  "capacity wedge" that  would be available in  the pipeline.                                                               
Thus, that is  how the timing of the  exploration and development                                                               
jobs was assessed.                                                                                                              
                                                                                                                                
3:29:10 PM                                                                                                                    
                                                                                                                                
MR. MULLIGAN referred to his  final slide labeled, "Results:  E&D                                                               
Employment,"  and  opined  that  the timing  of  exploration  and                                                               
development  job  creation  is  likely  to be  a  function  of  a                                                               
pipeline's characteristics.   Thus, an open  access pipeline with                                                               
reasonable  tariffs   and  capacity   expansions  is   likely  to                                                               
translate  into  jobs  sooner, rather  than  a  more  restrictive                                                               
scenario, which could  cause a delay in job creation  as noted in                                                               
the previous  slide.  He  stated that the importance  of creating                                                               
the  new natural  gas basin  related jobs  in Alaska  is to  help                                                               
offset  job  losses  likely  to  occur  as  existing  oil  fields                                                               
decline.   He pointed out  that Prudhoe Bay  production continues                                                               
to decline.   Additionally, he offered that creation  of new jobs                                                               
will also  help to  maintain the existing  skill sets  and talent                                                               
pool in Alaska.                                                                                                                 
                                                                                                                                
3:30:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH inquired as  to whether law enforcement                                                               
will be  geared up  and ready  to combat crime  since it  takes a                                                               
long  time   to  train  Alaska   State  Troopers  or   train  law                                                               
enforcement personnel.                                                                                                          
                                                                                                                                
COMMISSIONER BISHOP  answered that the department  has identified                                                               
occupations, including  law enforcement, fire safety,  and health                                                               
as part of AGIA.                                                                                                                
                                                                                                                                
3:32:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  noted that  all types of  crime spiked                                                               
during  construction of  the Trans-Alaska  Pipeline System.   She                                                               
inquired as to whether the  planning process outlines educational                                                               
opportunities  to offset  unemployment issues  that arise  at the                                                               
end of the construction cycle.                                                                                                  
                                                                                                                                
COMMISSIONER BISHOP answered that  some jobs will be transferable                                                               
from  construction  to the  exploration  field.   He  noted  that                                                               
future training of incumbent workers is part of the plan.                                                                       
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH  pointed   out  that   some  of   the                                                               
infrastructure,   such   as   the  Haul   Road,   needs   massive                                                               
improvements.  She  further pointed out that  Alaska's ports will                                                               
need additional infrastructure.                                                                                                 
                                                                                                                                
CHAIR HUGGINS  inquired as  to the  number of  new jobs  that are                                                               
anticipated to  be filled by  non-Alaskans, which he  opined will                                                               
be necessary.                                                                                                                   
                                                                                                                                
3:35:06 PM                                                                                                                    
                                                                                                                                
SENATOR  STEVENS expressed  his  concern that  Alaska  has had  a                                                               
pretty poor record with assisting  students with financial needs.                                                               
He  acknowledged  that  the  state  has  done  a  reasonable  job                                                               
assisting  high  achievers.     However,  he  recalled  that  the                                                               
National Conference of State Legislatures  (NCSL) gave Alaska the                                                               
grade of an  "F" in terms of fiscal assistance  for its students.                                                               
He  offered his  desire  to provide  grants  and scholarships  to                                                               
assist  students  and  adults.    He  inquired  as  to  what  the                                                               
department plans to do to help students financially.                                                                            
                                                                                                                                
COMMISSIONER  BISHOP answered  that his  department will  ask the                                                               
legislature  for financial  assistance.   He agreed  with Senator                                                               
Stevens that  students seeking an Associate  Degree or Vocational                                                               
Education  have not  received much  assistance.   He stated  that                                                               
providing  that assistance  is one  of his  priorities and  plans                                                               
will  be  forthcoming that  will  expand  scholarships for  post-                                                               
secondary students in the state.                                                                                                
                                                                                                                                
SENATOR  STEVENS acknowledged  that the  present system  does not                                                               
work.   He pointed out that  if the state continues  on this same                                                               
path, the  problem will not get  solved.  He opined  that it will                                                               
take an enormous amount of money.                                                                                               
                                                                                                                                
COMMISSIONER   BISHOP    summarized   that    this   legislature,                                                               
administration, and  training plan all  are coming together  at a                                                               
point in  time in Alaska  in which the  state has the  ability to                                                               
set an  historical standard.   He pointed out that  this training                                                               
plan is  not just about  a pipeline.   He noted that  the funding                                                               
this legislature appropriated  for the training plan  is good for                                                               
mining and  health care.    This funding  has been well  spent by                                                               
the department,  he opined.   He thanked the legislature  for its                                                               
action.   He offered that this  plan is not unlike  "the Marshall                                                               
Plan,"  which  provided good  foreign  policy  in  its day.    He                                                               
asserted, "I  think this training plan  can be ... the  legacy of                                                               
our work here going forward."  He  noted that much work is yet to                                                               
be  accomplished.   He further  opined that  the one  reason this                                                               
country is the  most successful country on the planet  is that it                                                               
provides  the best  educated and  best trained  workforce on  the                                                               
planet.   He asserted  that - with  the legislature's  help, with                                                               
his help, and with his staff's  help - "we're going to put Alaska                                                               
back on that  map."  He further pledged that  Alaska's 8,000 high                                                               
school  seniors and  1,500  general  education development  (GED)                                                               
recipients will "get the first shot at these jobs."                                                                             
                                                                                                                                
3:38:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOLL  applauded  Commissioner  Bishop's  efforts.                                                               
She expressed concern with the  timeframe and noted that it takes                                                               
time to  complete apprenticeship  programs.   She inquired  as to                                                               
whether  the department  can  address that  issue.   She  further                                                               
inquired as to  whether the workforce needs could be  met even if                                                               
the programs  were fully  functioning right  now since  the state                                                               
might only be eight years out.                                                                                                  
                                                                                                                                
COMMISSIONER  BISHOP acknowledged  that the  state is  behind the                                                               
curve. He  related that  the "baby  boomers" represented  a large                                                               
labor force  which has been  diminishing.  Furthermore,  he urged                                                               
that collectively  Alaska needs  to encourage employers  to allow                                                               
Alaskan children  the opportunity to  gain entry level jobs.   He                                                               
stressed the need  for Alaska to make every effort  for its kids,                                                               
incumbent  workers, older  workers, and  all races  of people  to                                                               
have a shot at the pipeline  jobs.  He agreed with Representative                                                               
Fairclough, that  Alaska must  train its  workers to  be eligible                                                               
for upstream  jobs in exploration and  development, petrochemical                                                               
jobs,  or distribution  jobs in  Fairbanks.   He  stated that  it                                                               
should be  Alaska's job  to train  its workers  so that  they can                                                               
acquire the long-term legacy jobs.                                                                                              
                                                                                                                                
3:41:15 PM                                                                                                                    
                                                                                                                                
SENATOR  DYSON,  with  respect  to  reciprocity  for  engineering                                                               
credentials,  noted  that  [the  United  States/Canadian  forum],                                                               
Pacific NorthWest  Economic Region  (PNWER), has  been performing                                                               
some work on reciprocity.  He  opined that some progress has been                                                               
made on engineering reciprocity and  credentials.  He indicated a                                                               
degree  of  reciprocity  exists for  welder  certification.    To                                                               
Commissioner  Bishop he  offered to  provide contacts  for people                                                               
who have  been working on this  issue.  He opined  that organized                                                               
labor will provide a huge  asset to help facilitate that process.                                                               
He   noted   that   Alaska's  Canadian   neighbors   have   large                                                               
construction  projects  in process  and  are  very interested  in                                                               
working together on projects.                                                                                                   
                                                                                                                                
3:42:42 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS challenged Commissioner  Bishop to assist the state                                                               
in facilitating cross-border projects.                                                                                          
                                                                                                                                
COMMISSIONER BISHOP noted  his plans to meet with  the Premier of                                                               
the Yukon  Territory to seek ways  in which Alaskans can  work in                                                               
the Yukon Territory and vice versa.                                                                                             
                                                                                                                                
3:43:55 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS inquired  as to  whether  the Commissioner  Bishop                                                               
sees the  potential for  the Alaska  to be able  to get  the U.S.                                                               
Jobs  Corps  to modify  its  training  approach if  necessary  to                                                               
produce workers for a pipeline proposition.                                                                                     
                                                                                                                                
COMMISSIONER  BISHOP answered,  "Yes,  absolutely."   He  offered                                                               
that he has  personally been involved in the U.S.  Jobs Corps for                                                               
over  17 years.    He said,  "They are  definitely  on the  radar                                                               
screen  for  sources."    He  noted  that  he  has  already  held                                                               
discussions with the organization.                                                                                              
                                                                                                                                
3:45:03 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS  announced  that  the  next  presenters  would  be                                                               
Spencer Hosie, Hosie  McArthur LLP, who is online,  and Allan Van                                                               
Fleet, Greenberg Traurig LLP, for a panel discussion.                                                                           
                                                                                                                                
3:45:47 PM                                                                                                                    
                                                                                                                                
G. ALLAN  VAN FLEET, Attorney, Greenberg  Traurig, LLP, presented                                                               
legal  issues affecting  producer participation  in the  proposed                                                               
TransCanada  gasline project.   He  stated that  the panel  would                                                               
focus on,  "How do  you get  the gas?"   Mr. Van  Fleet proffered                                                               
that asking  how to get  the gas is kind  of like asking  for the                                                               
recipe for bear  stew:  For the  stew, first get a  bear; for the                                                               
gas, first  get a  pipeline proposal that  is attractive  and can                                                               
offer transportation  services at commercially  reasonable rates.                                                               
He said although  TransCanada was on the schedule  to address the                                                               
issue,  Mr.   Palmer  has  addressed  all   the  questions  about                                                               
TransCanada's  ability  to  build   a  pipeline  that  can  offer                                                               
transportation at  commercially reasonable rates.   He noted that                                                               
along with Spencer  Hosie, he would address legal  issues that he                                                               
is  assured the  producers will  have in  mind when  making their                                                               
decisions.   He  noted  that  he and  Greg  Hopper would  provide                                                               
information  regarding producer  and pipeline  relationships and,                                                               
in particular, would address some  of the previous questions that                                                               
Senator  French asked  the body.   Mr.  Hosie, he  related, would                                                               
discuss  the  issues that  affect  the  relationship between  the                                                               
state as the  owner of the land and the  producers as the lessees                                                               
of that  land.   He provided some  background information  on Mr.                                                               
Hosie, such as that he has  advised many state governments on the                                                               
aforementioned relationship  between the state and  the producers                                                               
He said  he believes  it is  fair to  say that  Mr. Hosie  is the                                                               
country's expert  on these  issues.   He offered  further details                                                               
regarding Mr. Hosie.                                                                                                            
                                                                                                                                
3:48:44 PM                                                                                                                    
                                                                                                                                
SPENCER  HOSIE, Attorney,  Hosie  McArthur  LLP, presented  legal                                                               
issues affecting producer  participation.  He stated  that he has                                                               
practiced oil and  gas for over 25  years.  He noted  that he was                                                               
the lead trial  lawyer for the State of Alaska  for what was then                                                               
known as the  Alaska North Slope (ANS)  royalty litigation, which                                                               
established the  "right method" for computing  royalties on North                                                               
Slope oil.   He offered  that for the past  10 years he  has been                                                               
the  lead outside  lawyer for  the State  of Louisiana  in energy                                                               
matters, and that he has  worked with state attorneys general and                                                               
the federal government.   He said that it is fair  to say that he                                                               
has been  involved in dozens and  dozens of oil and  gas matters,                                                               
not just  in Alaska, but  throughout the  Lower 48.   He asserted                                                               
that  through those  cases, he  has had  the opportunity  to read                                                               
millions of pages of oil company  documents.  He opined that this                                                               
has  given  him  a  fairly  detailed knowledge  of  how  the  oil                                                               
industry thinks  about upstream  decisions, what  factors matter,                                                               
which  ones don't,  and why  the producers  are willing  to spend                                                               
money  in certain  locations.    He stated,  "It's  that sort  of                                                               
gritty, real-world,  in-the-trenches experience  I bring  to this                                                               
very important question of the North Slope gasline."                                                                            
                                                                                                                                
MR. HOSIE asked to begin with  the "duty to develop."  He offered                                                               
that 40 years  ago, producers came to Alaska  with the suggestion                                                               
that oil  might exist  on the  North Slope.   He stated  that the                                                               
producers  recognized  that  the  landowners  did  not  have  the                                                               
expertise   for   exploration    and   development,   to   market                                                               
hydrocarbon.   However,  the oil  companies  had that  expertise.                                                               
Thus, the oil and gas  producers reached an agreement captured in                                                               
the oil and gas lease.   The oil companies committed to the state                                                               
to  use  their  expertise  to diligently  explore,  develop,  and                                                               
market  any hydrocarbons  found.   As a  consequence, he  pointed                                                               
out, the oil companies are entitled  to 87.5 percent of the value                                                               
of any oil and gas found and  sold.  The state's royalty share is                                                               
12.5 percent.   He acknowledged  that they got the  "lion's share                                                               
of the  royalty stream" due  to the very promises  just outlined.                                                               
Under the  oil and gas  leases for Alaska,  which is true  of oil                                                               
and gas leases, generally, the  parties have what the courts call                                                               
"a  relationship of  mutual benefits."   Once  the oil  companies                                                               
entered  into  the  lease,  they  were no  longer  free  to  make                                                               
decisions  based on  their  unilateral  economic best  interests.                                                               
Instead, the law  is clear that the companies  have an obligation                                                               
to make  decisions, including investment decisions,  based on the                                                               
mutual  interests  of   the  oil  companies  and   the  state  as                                                               
landowner.    Thus,  in  making  decisions,  the  producers  must                                                               
demonstrate  due regard  for the  interests of  the state  as the                                                               
royalty  owner.   He offered  that  to conceptualize  this is  to                                                               
appreciate that  the oil companies  don't have any  obligation to                                                               
treat  the state  better  than they  treat  themselves, but  they                                                               
should never treat the state worse.                                                                                             
                                                                                                                                
3:52:23 PM                                                                                                                    
                                                                                                                                
MR.  HOSIE  pointed out  that  in  many situations  the  economic                                                               
interests of  the oil companies  and the state are  aligned, such                                                               
as that everyone benefits from  higher oil prices. He stated that                                                               
the  one key  area in  which the  economic interests  of the  oil                                                               
companies tended to verge from  those of the landowner is related                                                               
to  ongoing or  future development  and the  obligation to  spend                                                               
money.   He opined that  a landowner almost invariably  wants the                                                               
field  developed in  production immediately  since the  landowner                                                               
benefits  through   royalty  share   of  the   hydrocarbon  sale.                                                               
Sometimes  the oil  companies may  not  want to  develop a  field                                                               
immediately,  due to  a cash  problem or  the opportunity  to put                                                               
investment dollars  in more lucrative  projects elsewhere  in the                                                               
world.  For example, if an  oil company's return is 40 percent in                                                               
Qatar  and  20  percent  in  Alaska, it  would  rather  make  the                                                               
investment in Qatar and, in doing  so, act as a rational economic                                                               
business.  However,  under existing oil leases  the oil companies                                                               
are not free  to make decisions on their interest  alone and must                                                               
consider the state, their partner.                                                                                              
                                                                                                                                
MR. HOSIE  offered that the  courts have addressed  this inherent                                                               
conflict  through a  court rule,  which is  straightforward, such                                                               
that if  a given project in  a given field is  economic, based on                                                               
its  own merits,  the oil  companies have  an obligation  to move                                                               
forward.  He asked, "Why is  that?"  He answered, "Because that's                                                               
the deal they  made to get the  lease.  When they  came to Alaska                                                               
45  years ago,  they promised  to use  their expertise  and their                                                               
money  to develop  the field."   Thus,  he explained,  the courts                                                               
review  the question  of whether  additional development  dollars                                                               
had  to  be  spent and  weigh  in  that  if  it is  economic  and                                                               
reasonably profitable,  the oil  companies have an  obligation to                                                               
move  forward.   He noted  that  given the  producers' duty,  the                                                               
Alaska gasline  or any  Alaska project  does not  have to  be the                                                               
most profitable  project available to  the producers.   The state                                                               
is not in competition for  the development dollars given the pre-                                                               
existing  lease obligation.   He  opined  that if  the state  was                                                               
attempting to initially  attract the oil industry, it  would be a                                                               
different  question.   Under  Alaska  leases,  the oil  companies                                                               
agree to take  risks, which is why the companies  are entitled to                                                               
87.5  percent [of  the  value of  the oil  and  gas] without  any                                                               
guarantee of profitability.                                                                                                     
                                                                                                                                
3:56:07 PM                                                                                                                    
                                                                                                                                
MR. HOSIE said:                                                                                                                 
                                                                                                                                
     And so, the extent that there's a notion that they're                                                                      
      entitled to a reduced risk deal in Alaska - that is                                                                       
     contrary  to the  obligations  they  undertook so  many                                                                    
     years ago.  ... What's  happened in Alaska?  Well, many                                                                    
     years ago  the state  went to  the producers  and said,                                                                    
     "We'd like a  gasline."  And the  producers said, "We'd                                                                    
     like  a gasline,  too, but  we've looked  at it  and we                                                                    
     don't   think   it's   economic   without   substantial                                                                    
     concessions  - financial  concessions from  the state."                                                                    
     Since   they  did   not   find   it  economic,   absent                                                                    
     substantial  economic  concessions,  the  oil  industry                                                                    
     effectively  said,  "We  don't  think  it's  economic."                                                                    
     That  led  to  the  Stranded Gas  Act,  the  protracted                                                                    
     negotiations, [and] the contract  that was not approved                                                                    
     several years ago.                                                                                                         
                                                                                                                                
     When  that contract  failed to  come  to fruition,  the                                                                    
     state was left with  three alternatives, three options,                                                                    
     none good.   The first  option is that they  could have                                                                    
     simply   accepted   the   producers'   insistence   for                                                                    
     concessions and  "sweeten the pot,"  ... but  the state                                                                    
     was not  willing to do  that at  the time.   The second                                                                    
     option is  that they  could have  said, "Well,  we will                                                                    
     live  with your  decisions on  timing, producers.   You                                                                    
     tell  us when  you're ready  to build,  and we'll  wait                                                                    
     patiently  until  you  are ready  to  go  forward,  for                                                                    
     whatever  complex of  your  own  reasons might  project                                                                    
     when it's  time to 'pull  the trigger'.  And  since the                                                                    
     state  wants  a  gasline,  needs the  jobs,  wants  the                                                                    
     resource produced -  turned into money -  that wasn't a                                                                    
     very palatable  alternative either.   The  third option                                                                    
     would  have been  to  sue the  producers  to prove  the                                                                    
     gasline economic  and try to  compel them to  build it.                                                                    
     ... Of  the three  options that was,  I think,  far and                                                                    
     away, the  least appealing.   You never want  to compel                                                                    
     someone to be  a partner of yours, and  a litigation to                                                                    
     try  to  prove  a  gasline  economic  would  have  been                                                                    
     extremely protracted,  maybe as  long as a  decade, and                                                                    
     it would have  given the producers the  very thing that                                                                    
     some felt they wanted, which  was delay.  So the notion                                                                    
     of  suing them  to  try  to make  a  gasline a  reality                                                                    
     really was a nonstarter from the get-go.                                                                                   
                                                                                                                                
     And  so, this  administration found  a fourth  way, and                                                                    
     that's AGIA.   Essentially they said,  "Well, you know,                                                                    
     if the producers don't find  the line economic, if they                                                                    
     don't want to  build it, let's find  somebody who might                                                                    
     think about  it differently,  who might say,  "You know                                                                    
     what,  we're willing  to build  that line."   And  they                                                                    
     found that party, and of course it's TransCanada.                                                                          
                                                                                                                                
     Now, the TransCanada bid is -  in terms of the "duty to                                                                    
     develop" analysis -  really a game changer.   It really                                                                    
     changes  everything,  and here's  why:    It moved  the                                                                    
     entire argument  with the producers about  whether they                                                                    
     think the gasline is economic.   It doesn't matter what                                                                    
     their internal  hurdle rates are.   It  doesn't matter,                                                                    
     for instance, that Exxon -  it was reported in the Wall                                                                    
     Street Journal  last Friday - has  an upstream internal                                                                    
     hurdle  rate  of  more  than 35  percent.    All  those                                                                    
     questions  are  moot because  there  is  a third  party                                                                    
     willing  to spend  the money  and  build the  pipeline.                                                                    
     And that changes everything.                                                                                               
                                                                                                                                
3:59:27 PM                                                                                                                    
                                                                                                                                
MR. HOSIE  concluded that  the "duty  to develop"  question boils                                                               
down to whether, if TransCanada  goes forward, it's producers can                                                               
say they  really don't want a  third party to own  or operate the                                                               
pipeline,  that they  will not  tender  gas, thereby  essentially                                                               
stopping  the project.    In  other words,  Mr.  Hosie said,  the                                                               
question is whether  the producers have veto power  over a third-                                                               
power  pipeline by  refusing the  tender their  gas.   He stated,                                                               
"The answer  is:  under the  duties they have under  the leases -                                                               
no,  so  long   as  they  have  the  opportunity   to  tender  to                                                               
TransCanada on reasonably commercial  terms."  He said ExxonMobil                                                               
Corporation has already  recognized that it would  tender the gas                                                               
to TransCanada  on reasonably  commercial terms,  and he  said he                                                               
thinks  the company  has  stated  as much  because  "that is  its                                                               
obligation under  its leases."   He stated  that that  is equally                                                               
true for  ConocoPhillips Alaska, Inc.  and the other  North Slope                                                               
producers.                                                                                                                      
                                                                                                                                
4:00:34 PM                                                                                                                    
                                                                                                                                
SENATOR WAGONER offered  that the legislature has heard  a lot of                                                               
talk  about  a  gas  treatment  plant, who  should  pay  for  it,                                                               
et cetera.   He inquired as  to whether it is  customary industry                                                               
practice for producers to deliver  gas that is marketable gas and                                                               
meets   all  pipeline   gas  quality   specifications  prior   to                                                               
delivering that gas to the transporting pipeline.                                                                               
                                                                                                                                
SPENCER HOSIE answered yes.                                                                                                     
                                                                                                                                
4:01:21 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI offered  that the  legislature has  heard a                                                               
lot of discussion about instate  gas, that an instate bullet line                                                               
would  not  provide  low-cost  gas.   He  stated  that  what  has                                                               
happened in  Cook Inlet is  that producers or gas  developers set                                                               
the  gas rate  -  for example,  at  Henry Hub.    He related  his                                                               
understanding   from  Regulatory   Commission  of   Alaska  (RCA)                                                               
hearings that the rate to produce  the gas in Cook Inlet is about                                                               
a dollar  per million  cubic feet (Mcf),  but that  the producers                                                               
sell the  gas at  $6.80 per  Mcf, which is  nearly a  700 percent                                                               
profit.    He  inquired  as  to  whether  the  state  can  compel                                                               
producers to provide low-cost gas.                                                                                              
                                                                                                                                
MR. HOSIE  answered that the state  can take its gas  in-kind and                                                               
then could  sell it at whatever  price it elects.   He noted that                                                               
it  is  interesting  that Senator  Wielechowski  referenced  Cook                                                               
Inlet  since the  producers  in the  Cook  Inlet have  publically                                                               
stated  that they  are not  making  enough money  from the  sales                                                               
levels  at   Cook  Inlet  to   warrant  future   exploration  and                                                               
development.  He opined that it  is hard to believe this is true,                                                               
given  the  figures  Senator Wielechowski  pointed  out,  because                                                               
these are  older fields with  the current sales realization.   He                                                               
opined that what  has happened in Cook Inlet  is essentially what                                                               
has happened  with the  state in  the Stranded  Gas negotiations,                                                               
which  are  negotiations that  say,  "We  want  you to  make  our                                                               
economics better and, of course, conversely yours worse."                                                                       
                                                                                                                                
4:03:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA related  his understanding that sophisticated                                                               
companies  - the  major producers  - are  not going  to tell  the                                                               
state that  they are going to  sell gas if they  have an interest                                                               
in  building their  own line  or in  blocking this  gasline.   He                                                               
opined that it is in their  corporate best interest not to advise                                                               
the state affirmatively  that it will sell its gas.   He surmised                                                               
that it could lead to litigation  and at some point the producers                                                               
might acquiesce  and tell the state  they will sell the  gas.  He                                                               
further surmised  that they  would do so  because they  might not                                                               
just  lose  the  litigation,  but may  lose  their  leases  worth                                                               
possibly 20  billion dollars.   He opined that they  are "playing                                                               
with fire  by pushing this issue."   Thus, he opined  that if the                                                               
state finds a pipeline project that  it likes, it seems "smart to                                                               
us not to  flinch when the producers don't  necessarily commit to                                                               
publically selling their gas.   It is our expectation that that's                                                               
what they should be doing."  He  inquired as to whether that is a                                                               
fair assessment and, if not, why it is not.                                                                                     
                                                                                                                                
MR.  HOSIE answered  that Representative  Gara makes  an accurate                                                               
statement.   He  stated that  power means  leverage and  leverage                                                               
means a better deal for the  producers.  He opined that one would                                                               
not expect  a party in a  negotiation to inform another  party of                                                               
its  future  plans  or  true  intent,  if  that  knowledge  would                                                               
strengthen its opponent.   He pointed out that this  process is a                                                               
negotiation  and  is  all  about  money.    He  pointed  out  the                                                               
importance  of the  state's understanding  the preexisting  legal                                                               
relationship  and the  producers'  preexisting  obligations.   He                                                               
stated,  "No party  writes  on a  clean slate  here.   They  have                                                               
obligations.  The state has rights."   He pointed out that one of                                                               
the state's rights  is to insist that a project  that is economic                                                               
on  its  own  terms  moves  forward.    He  opined  that  if  the                                                               
producers,  after  years of  effort,  simply  decline to  do  so,                                                               
without the  state substantially "sweetening the  pot," the state                                                               
has every right  to find a third  party to do the  very thing the                                                               
producers have refused  to do.  And that third  party is AGIA, he                                                               
opined, and it raises questions,  he said, "about what the proper                                                               
rate of return  is and how much money is  sufficient and how much                                                               
money is too much."                                                                                                             
                                                                                                                                
REPRESENTATIVE  GARA related  his understanding  that if  we dump                                                               
everything else and  just go [the producer's] way,  at that point                                                               
[the producers]  have an incredible  amount of leverage  over the                                                               
state to try to obtain tax concessions.                                                                                         
                                                                                                                                
MR.  HOSIE  agreed  that   Representative  Gara's  assessment  is                                                               
correct.  He  opined that once the state has  left only one party                                                               
standing, the  party - in  this case  the producers -  would have                                                               
enormous  negotiation  leverage.   He  further  opined that  what                                                               
happened  to the  state in  the Stranded  Gas negotiations  would                                                               
happen again, with ever escalating requests for concessions.                                                                    
                                                                                                                                
4:06:56 PM                                                                                                                    
                                                                                                                                
SENATOR  BUNDE  inquired  as  to the  projected  length  of  time                                                               
litigation would last if litigation were  to occur as a result of                                                               
the producers' refusal to commit gas  to the line or to commit to                                                               
what the  state would define  as "what's  reasonably profitable."                                                               
Furthermore, he  asked if Mr.  Hosie could offer examples  of how                                                               
long suits have lasted elsewhere under similar circumstances.                                                                   
                                                                                                                                
MR. HOSIE  answered that the  precedent the state should  hope to                                                               
avoid  is the  ANS  royalty case  he  previously mentioned  which                                                               
spanned  a  decade of  active  litigation.    The state  had  the                                                               
obligation to  essentially prove  all the  economic underpinnings                                                               
of the  producers' business,  including what  it cost  to produce                                                               
and  ship  oil.    He  recalled  that  it  became  an  enormously                                                               
complicated factual fight and "that's  their sandbox."  He opined                                                               
that that  case represents exactly  the fight the state  would be                                                               
engaged  in if  it were  to sue  the producers  to say  the state                                                               
believes  the pipeline  is economic  and wants  the producers  to                                                               
move  forward.   That option  would be  least appealing  because,                                                               
after all, if  the producers' goal is to delay,  then the state's                                                               
suing them would give them exactly what they want.                                                                              
                                                                                                                                
MR. HOSIE described AGIA as a  "game changer," because if AGIA is                                                               
willing to  spend its  money and  build a  pipeline, to  back the                                                               
project with its  equity, the only question for  the producer is,                                                               
"Can I  tender in on  commercially reasonable terms?"   Mr. Hosie                                                               
said that is a far  simpler question than asking whether building                                                               
the pipeline in  the first place is economic or  asking about the                                                               
cost of fuel or the "widget  costs" or deciding how many laborers                                                               
to utilize.  He estimated  that "that piece of litigation, should                                                               
the state  ever get there, would  be much shorter" -  perhaps two                                                               
years  rather than  ten.   That said,  Mr. Hosie  noted that  the                                                               
larger point is to try to  avoid any litigation whatsoever and to                                                               
try to  get a pipeline  built.  "That,"  he opined, "is  why this                                                               
sort  of  public  process  ...  is  so  tremendously  beneficial,                                                               
because it  gives transparency  to the process."   He  noted that                                                               
Representative  Gatto  had  asked the  straightforward  question:                                                               
"Are the producers willing to ship  over a third-party line?"  He                                                               
also  noted  that  ExxonMobil  Corporation  was  kind  enough  to                                                               
answer, "Yes, we  are."  He added that the  corporation said that                                                               
because "that is their obligation."   Once TransCanada is willing                                                               
to bid, the question is whether  gas can be shipped on reasonable                                                               
terms,  which Mr.  Hosie  opined  is a  much  simpler and  easier                                                               
question to answer.                                                                                                             
                                                                                                                                
SENATOR  BUNDE  inquired  as   to  whether  another  governmental                                                               
agency, such as  FERC would intervene in the event  that there is                                                               
not a commitment to ship [the  gas] and the state doesn't want to                                                               
sue.                                                                                                                            
                                                                                                                                
4:11:16 PM                                                                                                                    
                                                                                                                                
MR.  HOSIE answered  yes and  offered  that Mr.  Van Fleet  would                                                               
address that question.                                                                                                          
                                                                                                                                
4:11:22 PM                                                                                                                    
                                                                                                                                
SENATOR  STEDMAN noted  that it  appears that  BP and  Conoco are                                                               
moving  forward with  the Denali  project  - their  version of  a                                                               
gasline.  He related his  understanding that the producers intend                                                               
to  spend  up to  $600  million  and  pre-apply  with FERC.    He                                                               
inquired, "So,  how does ...  this play  when it appears  that we                                                               
actually have  two of  the producers that  are moving  forward to                                                               
build a line,  versus all three of them just  flat not showing up                                                               
to build the line under your 'duty to produce'?"                                                                                
                                                                                                                                
MR. HOSIE  offered that it  represents a  "wonderful development"                                                               
for  the state.    He echoed  Commissioner  Irwin's comment  that                                                               
"competition  is a  wonderful  thing."   He  opined  that if  the                                                               
producers  are serious,  commit to  deadlines, and  move forward,                                                               
that is a "good thing,"  because competition between two pipeline                                                               
entrants  can  only  benefit  the  state.   He  opined  that  the                                                               
overarching question is whether the  Denali project is real or is                                                               
an  attempt to  derail AGIA.    He said  he does  not think  that                                                               
anyone  knows the  answer  to that  question, but  that  it is  a                                                               
relevant one.                                                                                                                   
                                                                                                                                
SENATOR  STEDMAN recalled  that Mr.  Hosie mentioned  the process                                                               
that  did  result  in  a  gasline.    He  pointed  out  that  the                                                               
legislature  did not  act  on  the matter  and  it  did not  move                                                               
forward.   He inquired  as to whether  that would  "strengthen or                                                               
weaken the  producer's hand" especially  if the state  claims the                                                               
producers are  refusing to  build the  line when  the legislature                                                               
was the entity that "refused to bless that past agreement."                                                                     
                                                                                                                                
4:13:36 PM                                                                                                                    
                                                                                                                                
MR. HOSIE  responded that he  thinks it would  neither strengthen                                                               
nor  weaken  the  producers'  position,   since  AGIA  moved  the                                                               
question,  and  since  the  state  is not  trying  to  force  the                                                               
producers to  build the gasline.   He  opined that the  state has                                                               
simply accepted the producers' word  that [building the pipeline]                                                               
is not  economic and TransCanada is  willing build it.   He noted                                                               
that the state can sidestep  all those questions about whether it                                                               
can compel  the producers  to come  forward since  TransCanada is                                                               
willing to do  the very thing that the producers  have refused to                                                               
do.                                                                                                                             
                                                                                                                                
SENATOR STEDMAN inquired  as to whether this process  of "duty to                                                               
produce" has ever gone forward before.                                                                                          
                                                                                                                                
MR. HOSIE  answered that it  has not  occurred in Alaska  but has                                                               
happened in  the Lower 48, and  some cases go back  50 years that                                                               
ask the question as to when  an oil producer has an obligation to                                                               
move  forward.   He acknowledged  that  sometimes it  is a  small                                                               
matter such as drilling a  couple of development wells.  However,                                                               
he noted  that it  sometimes has  been a  matter of  installing a                                                               
line to connect  a stranded field to a preexisting  pipeline.  He                                                               
pointed out  that the legal answer  is always the same,  which is                                                               
as  long  as the  project  is  reasonably economic  and  measured                                                               
objectively,  the  producers  have   an  obligation  to  proceed.                                                               
However, he cautioned that he was  not aware of any case in which                                                               
a royalty  owner sued producers  to try  to compel them  to spend                                                               
$30 billion.   He opined that  would be "a recipe  for disaster."                                                               
He offered that the "beauty of  AGIA" is that the state has found                                                               
someone willing [to build the gasline].                                                                                         
                                                                                                                                
CHAIR HUGGINS offered  that Mr. Hosie will  be available tomorrow                                                               
to answer questions.                                                                                                            
                                                                                                                                
4:16:23 PM                                                                                                                    
                                                                                                                                
SENATOR  DYSON related  that he  appreciates that  the anti-trust                                                               
implications  will be  covered.   He  recalled his  conversations                                                               
with FERC  commissioners, who reminded  him that this  project is                                                               
different than any other FERC  reviews because Congress has acted                                                               
and declared that  it is in the national interest  and in essence                                                               
"must  be done."   He  offered  that the  legislators have  often                                                               
heard  the  threat of  delaying  lawsuits.    He inquired  as  to                                                               
whether any  venue could compel  the shipping of gas  while legal                                                               
questions are  still being decided.   He recalled that  Mr. Hosie                                                               
said that  a refusal to  ship would be  a breach of  contract and                                                               
far  less  extended  and  convoluted than  other  lawsuits.    He                                                               
further inquired as  to whether that might be  within the purview                                                               
of FERC.                                                                                                                        
                                                                                                                                
MR.  HOSIE  suggested  that  Mr. Van  Fleet  would  address  that                                                               
concern.                                                                                                                        
                                                                                                                                
4:18:14 PM                                                                                                                    
                                                                                                                                
MR. VAN  FLEET, Shareholder, Greenburg  Traurig, LLP,  noted that                                                               
several legislators,  as well as  Mr. Hosie, identified  what are                                                               
essentially  the  contract  rights  between  a  landowner  and  a                                                               
producer who  leases that  land, although he  noted that  in this                                                               
case,   the  landowner   is  the   state,  and   the  state   has                                                               
responsibilities  to  its  citizens  that  make  the  issue  much                                                               
broader.   He pointed out that  the gasline creates a  great deal                                                               
of interest,  including that of  those in  the Lower 48  who want                                                               
gas to heat or  cool their homes.  He offered  to speak about the                                                               
broader public  interest that is  reflected in federal  and state                                                               
anti-trust  laws  and  also federal  legislation  that  addresses                                                               
energy market manipulation.                                                                                                     
                                                                                                                                
MR.  VAN FLEET  shared his  background practicing  anti-trust law                                                               
for 30  years.   He stated  that he has  represented oil  and gas                                                               
companies  and  pipelines, and  he  has  sued oil  companies  for                                                               
withholding supply  from the  market.  He  noted he  has defended                                                               
[companies] and  advised them  on how  to avoid  anti-trust laws.                                                               
He  said,  "Out  of  longevity, more  than  anything,  I've  been                                                               
honored  by  my peers  in  the  American  Bar Association."    He                                                               
announced that he will be chair  of the ABA anti-trust section in                                                               
2010.  He  referred to a slide labeled,  "Standard Oil Monopoly,"                                                               
and  he  noted  that  ironically,   2010  is  the  one  hundredth                                                               
anniversary of the breakup of Standard Oil.                                                                                     
                                                                                                                                
4:20:08 PM                                                                                                                    
                                                                                                                                
MR.  VAN   FLEET  referred  to   a  slide   labeled,  "Anti-trust                                                               
Statutes."    He  explained  that the  anti-trust  acts  are  the                                                               
Sherman Act,  Sections 1 and  2, which  are enforced by  the U.S.                                                               
Attorney General  acting through the Assistant  Attorney General.                                                               
The  Federal  Trade Commission  Act  (FTCA),  Section 5,  broadly                                                               
prohibits all unfair  means of competition.  He  offered that has                                                               
been interpreted  over many  years to  include violations  of the                                                               
anti-trust  laws, and  through that  vehicle,  the Federal  Trade                                                               
Commission  (FTC), as  well,  has the  authority  to enforce  the                                                               
anti-trust laws of  the United States.  He pointed  out that each                                                               
state  has its  own anti-trust  laws.   The  Alaska Restraint  of                                                               
Trade and  Monopolies Act,  contained in AS  45.50.562 -  596, is                                                               
largely the same as  Sections 1 and 2 of the  Sherman Act, and is                                                               
enforced by the state's attorney  general.  He further noted that                                                               
the state's  attorney general  is empowered to  act on  behalf of                                                               
the  people of  Alaska in  bringing actions  under federal  anti-                                                               
trust  statutes.   He  said  what  that  means is  that  Alaska's                                                               
attorney  general  can act  under  state  and federal  anti-trust                                                               
laws.   Essentially, Section 1 and  2 of the Sherman  Act, and AS                                                               
45, prohibit  exclusionary conduct in order  to maintain monopoly                                                               
power and  joint action  by competitors  to withhold  supply from                                                               
the market.   He related  as an example that  at the turn  of the                                                               
century, Standard Oil  controlled 90 percent of  the petroleum in                                                               
the United States.  Standard  Oil maintained its monopoly through                                                               
severe exclusionary conduct, such  as blowing up its competitors'                                                               
pipelines.                                                                                                                      
                                                                                                                                
MR. VAN  FLEET referred to  his next  slide, which shows  that in                                                               
1910, Standard  Oil was broken  up into the "Seven  Sisters," and                                                               
action affirmed  by the U.S.  Supreme Court.  The  Seven Sisters,                                                               
as  shown on  the slide,  include:   Standard Oil  of New  Jersey                                                               
(Esso),  Royal Dutch  Shell (Anglo-Dutch),  Anglo-Persian Company                                                               
(APOC), Standard Oil  Company of New York  (Socony), Standard Oil                                                               
of California  (Socal), Gulf  Oil, and Texaco.   He  related that                                                               
Exxon and Mobil Oil merged  to become ExxonMobil Corporation, and                                                               
Chevron now  includes Gulf Oil and  Texaco.  He pointed  out that                                                               
the  reason  to  break  up  the monopoly  was  to  turn  it  into                                                               
competing  businesses.   Thus, instead  of  jointly deciding  how                                                               
much  production ought  to be  on the  market to  control prices,                                                               
companies  compete  with  one  another.   He  offered  that  with                                                               
competition in place, if Esso  kept its product off market, Mobil                                                               
Oil could sell its product and make that money.                                                                                 
                                                                                                                                
MR. VAN FLEET said:                                                                                                             
                                                                                                                                
     If there  is an attractive  pipeline that is  there and                                                                    
     available  on  commercially  reasonable terms  to  ship                                                                    
     North Slope  gas to the  Lower 48  or to Alberta  to be                                                                    
     sold elsewhere,  and the producers say  "no," one might                                                                    
     ask, "What's  going on here?"   And  if they all  do it                                                                    
     together, one  might ask, "What's  going on here?   Are                                                                    
     they withholding  this supply  from the  market because                                                                    
     they're  concerned  about  how  that  Alaska  gas  will                                                                    
     affect the prices  of natural gas and LNG  in the Lower                                                                    
     48  and around  the world  where these  three producers                                                                    
     have  significant ...  gas and  LNG holdings?"   We  do                                                                    
     know this:  they've looked at the question together.                                                                       
                                                                                                                                
MR. VAN FLEET referred to his  next slide, which shows a printout                                                               
of the web site for  ICF International, Inc., a highly respected,                                                               
large consulting  firm.   He noted that  the web  site highlights                                                               
the firm's projects to attract business.                                                                                        
                                                                                                                                
MR. VAN FLEET referred to his next slide, which shows fuel                                                                      
market studies, and he cited a sentence at the lower                                                                            
portion of the slide, which read as follows:                                                                                    
                                                                                                                                
     For  producers   on  the   Alaskan  North   Slope,  ICF                                                                    
     International  evaluated  the  effect  of  Alaskan  and                                                                    
     MacKenzie Delta  gas on U.S. and  Canadian gas markets,                                                                    
     prices, and pipeline flows.                                                                                                
                                                                                                                                
MR. VAN FLEET  said, "So, any of  these anti-trust enforcers                                                                    
might want  to be asking  if all the producers  together are                                                                    
declining to commit  gas to a viable pipeline,  what s going                                                                    
on here?"                                                                                                                       
                                                                                                                                
MR. VAN  FLEET moved on  to a  series of slides  labeled, "Market                                                               
Manipulation Statutes,"  and said that  in addition to  the anti-                                                               
trust  laws,  Congress, in  recently  years  has passed  specific                                                               
market  manipulation  statutes.     He  said  FERC,  specifically                                                               
empowered by  the Energy Policy  Act of 2005, was  given enhanced                                                               
enforcement powers  over natural  gas and electricity  markets to                                                               
identify  and punish  any attempts  to manipulate  those markets.                                                               
He noted two  recent cases which are pending, on  appeal.  In one                                                               
case,  FERC imposed  a $200  million  penalty, and  it imposed  a                                                               
nearly  $100  million  penalty  in  another  case,  which  is  in                                                               
addition to  the requirement  that the  gas companies  return the                                                               
profits that were unjustly earned through market manipulation.                                                                  
                                                                                                                                
MR. VAN  FLEET stated that  the Energy Independence  and Security                                                               
act of  2007 prohibits  any manipulative  or deceptive  device or                                                               
contrivance  in connection  with the  purchase or  sale of  crude                                                               
oil,  gasoline,  or petroleum  distillates.    It authorizes  the                                                               
Federal  Trade Commission  (FTC) to  investigate those  instances                                                               
and to prescribe regulations.                                                                                                   
                                                                                                                                
MR. VAN  FLEET referred to  his next slide labeled,  "FTC Advance                                                               
Notice of Proposed Regulation."   He pointed out that even though                                                               
this  deals with  the  liquid  side of  the  petroleum market,  a                                                               
recent advance notice of proposed  regulations gives some insight                                                               
into how the FTC  looks at these issues and how  it might look at                                                               
the liquids  market, or  perhaps the  gas market,  as to  what it                                                               
considers might  constitute manipulation.   He offered  that this                                                               
notice  identifies "potential  practices"  that might  constitute                                                               
market   manipulation.     The   FTC   wants   comments  on   the                                                               
circumstances, if  any, "under which a  firm's decision regarding                                                               
supplying  a  market  -  whether  to  reduce,  increase,  or  ...                                                               
maintain unchanged the amount it  supplies - should be considered                                                               
manipulative or deceptive."  He  added, "So, in addition to being                                                               
a potential  anti-trust problem,  they're considering  that under                                                               
their new powers to prohibit market manipulation."                                                                              
                                                                                                                                
4:27:46 PM                                                                                                                    
                                                                                                                                
MR. VAN  FLEET referred to  his next slide labeled,  "FTC Advance                                                               
Notice of  Proposed Regulation,"  and he  explained that  the FTC                                                               
notes  that  regulated  petroleum  pipelines may  not  allow  new                                                               
shippers  a  share  of  a  pipeline's  capacity  when  historical                                                               
shippers  seek  to transport  more  petroleum  products than  the                                                               
pipeline is  capable of  transporting.   Thus, the  commission is                                                               
currently  seeking  comments  on whether  pre-announcements  that                                                               
pipelines  are  approaching  capacity   constraints  might  be  a                                                               
conduit for market manipulations or  deceit.  He added, "And it's                                                               
interesting  the  commentary that  they  add  to this  particular                                                               
question.                                                                                                                       
                                                                                                                                
MR. VAN FLEET  referred to his next slide labeled,  "FTC on BP in                                                               
Alaska  North Slope,"  and  offered that  the  FTC discusses  its                                                               
investigation of BP's acquisition of  ARCO.  He recalled that the                                                               
big  three producers  in the  North Slope  used to  be ExxonMobil                                                               
Corporation, BP  and ARCO.   He noted  that BP acquired  ARCO and                                                               
the FTC, in  order to approve that merger, required  BP to divest                                                               
ARCO's  North Slope  holdings.   The  holdings  were divested  to                                                               
Phillips, which  is now Conoco  Phillips.   The FTC said,  in its                                                               
investigation, that  "the commission  had reason to  believe that                                                               
BP occasionally  had exported ANS  crude oil  to the Far  East in                                                               
order to  increase spot prices for  ANS crude on the  West Coast,                                                               
and that BP  benefitted from those higher spot  prices because of                                                               
its status as a merchant marketer."   He opined that the kinds of                                                               
things that  are being  discussed that the  state fears  might be                                                               
happening  are   precisely  the  kinds  of   things  the  federal                                                               
government, FERC, the  FTC, and the U.S.  Department of Justice's                                                               
Antitrust Division  are concerned about  and review.   He offered                                                               
that  these agencies  would be  the appropriate  venues to  raise                                                               
questions about what may be happening.                                                                                          
                                                                                                                                
4:29:56 PM                                                                                                                    
                                                                                                                                
MR. VAN  FLEET referred to  his next slide  labeled, "Competition                                                               
Law  360,"  and  stated  that  at about  the  same  time  of  the                                                               
Anchorage  presentations, someone  pointed  out to  him that  the                                                               
U.S. Commodity  Futures Trading  Commission (CFTC)  had announced                                                               
an investigation.   He related  that Conoco Phillips  revealed it                                                               
was subpoenaed.  The CFCT  is investigating possible fraud in the                                                               
trading of crude oil futures.   He acknowledged that doesn't mean                                                               
the companies are guilty of  any wrongdoing.  However, he pointed                                                               
out   that  the   CFCT   generally   reviews  particular   trader                                                               
transactions  and investigates  any company  that it  believes is                                                               
fraudulently bidding  up prices on contracts,  which is deceptive                                                               
trading.                                                                                                                        
                                                                                                                                
4:31:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  pointed out  that some of  the information                                                               
provided, such  as whether ANS  crude oil  is shipped to  the Far                                                               
East,  seems to  discredit  some  of the  larger  producers.   He                                                               
inquired as to whether Mr. Van  Fleet could comment on the effect                                                               
of lawsuits.                                                                                                                    
                                                                                                                                
MR. VAN FLEET responded that his  testimony is not meant to "bash                                                               
producers."  He  related that he has worked  with general counsel                                                               
of  major  oil  companies  such  as  ExxonMobil  Corporation  and                                                               
ConocoPhillips Alaska,  Inc.  He  opined that the state  does not                                                               
want to  rely on federal  or state agencies to  force [producers]                                                               
into  taking  action on  the  pipeline.    He surmised  that  the                                                               
producers will  be aware of  the possibility of federal  or state                                                               
action if  they do not  have a rational economic  explanation for                                                               
their  actions "except  for  keeping product  off  the market  or                                                               
delaying it as long as possible."                                                                                               
                                                                                                                                
MR.  VAN FLEET,  in  further response  to Representative  Neuman,                                                               
answered that he is working for the attorney general.                                                                           
                                                                                                                                
4:33:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE OLSON  inquired as  to whether  he could  name the                                                               
two companies that are currently under appeal.                                                                                  
                                                                                                                                
MR. VAN FLEET answered that the  producers are not any of the ANS                                                               
producers.                                                                                                                      
                                                                                                                                
4:34:24 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS noted  that that in the interest of  time, he would                                                               
bring up that question tomorrow for presenters to address.                                                                      
                                                                                                                                
4:34:34 PM                                                                                                                    
                                                                                                                                
SENATOR  BUNDE  pointed  out that  [producers]  booking  reserves                                                               
before the  U.S. Securities Exchange Commission  would be helpful                                                               
for the producers' stock portfolios.   He opined that booking the                                                               
reserves would represent  a de facto acknowledgment  that the gas                                                               
is marketable or  profitable.  He recalled that  some attempt has                                                               
been made to book reserves.   He inquired whether producers could                                                               
hint at  reserves since  actually booking  the reserves  would be                                                               
illegal unless the producers could bring the gas to market.                                                                     
                                                                                                                                
MR. VAN  FLEET responded that it  not his area of  expertise, but                                                               
stated his understanding that the  producers cannot book reserves                                                               
in  order  to boost  their  balance  sheets while  simultaneously                                                               
acknowledging that  it is  not economically  feasible to  get the                                                               
reserves to market.  He  recalled Mr. Hosie's testimony such that                                                               
the prospect  of losing the  reserves because they are  not being                                                               
developed would  have a greater  impact on the  financial records                                                               
of the  producers.  He  spoke of an expectation  for rationality,                                                               
"not  to  lose both  the  Wall  Street  benefit  as well  as  the                                                               
physical gas."                                                                                                                  
                                                                                                                                
4:36:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG inquired as  to whether improvements are                                                               
needed to update Alaska's statutes.                                                                                             
                                                                                                                                
MR. VAN FLEET answered that  he has reviewed the Alaska statutes.                                                               
He stated that in recent  years, Congress has increased penalties                                                               
to a maximum of up to 10 years  in prison and fines of up to $100                                                               
million for  violation of federal  anti-trust statutes.   He said                                                               
Alaska's statutes provide  for a misdemeanor and  small fines for                                                               
violation  of anti-trust  statutes.   He  opined  that while  the                                                               
civil consequences  and civil recovery for  violation of Alaska's                                                               
anti-trust  statutes could  be huge,  the criminal  penalties are                                                               
weak.                                                                                                                           
                                                                                                                                
4:37:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG related  his understanding  that a  new                                                               
series of federal  laws have been adopted.  He  asked, "Does that                                                               
preempt the  field; should  the state be  looking at  filling any                                                               
gaps there?"                                                                                                                    
                                                                                                                                
MR.  VAN FLEET  answered  that  the state  could  always look  at                                                               
"filling in  the gaps."   He stated  that approximately  15 years                                                               
ago, the U.S.  Supreme Court held that the  nationwide purview of                                                               
federal  anti-trust statutes  does  not preempt  the states  from                                                               
enforcing their own  laws.  He said this occurred  in the context                                                               
of a merger that the  federal anti-trust authorities had approved                                                               
and were not going to challenge.   However, he offered his belief                                                               
that  this  did  not  prevent California  from  raising  its  own                                                               
objections under its Cartwright Act,  even though that would have                                                               
had immense  national implications.   He related that  the states                                                               
are free  to act under  their own anti-trust laws,  regardless of                                                               
whether the  feds act  under theirs.   Mr.  Van Fleet  noted that                                                               
since  the  Reagan Administration,  when  there  is a  matter  of                                                               
national  importance that  is also  particularly important  to an                                                               
individual  state or  group  of states,  very  often the  federal                                                               
anti-trust  authorities  will  work with  the  states'  attorneys                                                               
general,   either   one   or  several,   through   the   National                                                               
Associations  of Attorneys  General, which  has a  specific anti-                                                               
trust committee.   So,  he said, the  cooperation of  federal and                                                               
state  governments is  something that  is well  entrenched and  a                                                               
tradition in anti-trust enforcement.                                                                                            
                                                                                                                                
4:39:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA  inquired as  to whether Mr.  Van Fleet's                                                               
quote that  the FTC  believes that  BP is  occasionally exporting                                                               
ANS to increase spot prices came from the FTC decision.                                                                         
                                                                                                                                
MR. VAN FLEET  answered that he was not sure  if that information                                                               
was  contained  in  the  decision on  the  merger,  whether  that                                                               
information is in the consent order  in which BP agreed to divest                                                               
the ANS  holdings of ARCO.   He recalled that the  information is                                                               
described  in the  live request  for comments  on their  advanced                                                               
notice of proposed rule making.   He offered that the FTC pointed                                                               
out that  that was the  type of  market manipulation that  it saw                                                               
during  its investigation  of  the merger,  and  is something  it                                                               
wants  to  consider as  "being  within  their enforcement  powers                                                               
under  the new  market  manipulation statute."    In response  to                                                               
Representative  Kerttula,  he  noted   that  notices  of  advance                                                               
proposed regulations can be found on the FTC web site.                                                                          
                                                                                                                                
4:40:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH recalled  that Mr.  Hosie stated  that                                                               
Alaska could take  its royalty in-kind in oil and  then sell that                                                               
oil or  gas onto  the market for  any price it  so desires.   She                                                               
inquired as  to whether  that's true  since she  further recalled                                                               
that  the  state previously  researched  that  matter during  the                                                               
closing of  the Agrium  plant and  found that  the state  did not                                                               
have that ability.                                                                                                              
                                                                                                                                
MR. VAN  FLEET answered that  he is  not prepared to  answer that                                                               
question  without  first  conducting significant  research.    He                                                               
said:                                                                                                                           
                                                                                                                                
     Alaska, like other landowners in  other states, has the                                                                    
     option - and,  as I recall, under the  Stranded Gas Act                                                                    
     was going  to have  the requirement -  to take  gas in-                                                                    
     kind.    Now,  if  the  state has  the  option  or  the                                                                    
     requirement to take  gas in-kind and it  can't sell it,                                                                    
     well, that's  not a  very good  deal and  clearly there                                                                    
     must be some opportunity to dispose  of that.  But as I                                                                    
     say,  that is  not  something I've  researched and  [I]                                                                    
     would  be misleading  this body  if I  were to  pretend                                                                    
     expertise on that ....                                                                                                     
                                                                                                                                
4:42:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH recalled  that it  was on  record from                                                               
Mr. Hosie that  Alaska could sell the commodity for  any price it                                                               
wants.   She offered her belief  that in Alaska it  would have to                                                               
be at a competitive price to others in the market.                                                                              
                                                                                                                                
CHAIR  HUGGINS  interjected  that  he will  follow  up  with  the                                                               
administration and Mr. Hosie.                                                                                                   
                                                                                                                                
MR. VAN FLEET  elaborated that the anti-trust  laws display basic                                                               
faith  in the  market.   He  said that  the anti-trust  officials                                                               
don't want to be in the business  of setting prices.  Thus, it is                                                               
extremely rare  that anti-trust laws  will examine the  prices at                                                               
which a  particular company is  selling its goods,  its products,                                                               
and its services, he stated.   He pointed out that the anti-trust                                                               
officials become involved only when  a company has monopoly power                                                               
or a  dangerous probability of  gaining monopoly power  and sells                                                               
its product  below cost.  He  offered that when it  is clear that                                                               
the company's  motive is to put  someone out of business  at that                                                               
below-cost  price,  it  is then  that  the  anti-trust  officials                                                               
become involved in pricing.                                                                                                     
                                                                                                                                
4:44:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  expressed  her concern  that  if  the                                                               
state  could offer  its gas  at below  market value,  that action                                                               
might create anti-trust problems for the  state.  She stated on a                                                               
separate matter  that one of  her constituents informed  her that                                                               
the Texas Railroad  Commission based an allocation  for access to                                                               
a pipeline  off proven reserves.   She related  her understanding                                                               
that  access to  pipelines  is based  on  contract versus  common                                                               
carriers.  She  inquired as to whether Mr. Van  Fleet could speak                                                               
to the issue of access to pipelines based on proven reserves.                                                                   
                                                                                                                                
MR. VAN FLEET responded that is  not fundamentally an oil and gas                                                               
lawyer and is not familiar  with those commission regulations  He                                                               
added, "It  would be strictly  intrastate pipelines, and  I don't                                                               
think we  have many of those  anymore."  He said  that regulation                                                               
would be up to FERC.                                                                                                            
                                                                                                                                
4:45:55 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS inquired  as to whether there  were other questions                                                               
and there were none.                                                                                                            
                                                                                                                                
MR. VAN FLEET  concluded his presentation by offering  that he is                                                               
not here  "to bash oil  companies and  gas producers."   He noted                                                               
that  he has  worked for  them, has  advised them,  and has  many                                                               
personal friends in the industry.  He said:                                                                                     
                                                                                                                                
     These are  serious matters that  come into  play beyond                                                                    
     the simple  private relationship  between the  state as                                                                    
     landowner   and  the   producers  as   the  contracting                                                                    
     producer and  are something that make  this of interest                                                                    
     beyond Juneau, beyond Alaska, and  of interest to us in                                                                    
     the Lower  48, as  well, and  I do  thank you  for your                                                                    
     time and your attention.                                                                                                   
                                                                                                                                
4:46:56 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS announced  that this  concludes the  presentations                                                               
for the  day.  He  noted that the  meeting would resume  at 10:00                                                               
a.m.  tomorrow and  that the  committee would  take up  follow-up                                                               
questions for  Mr. Hosie, followed  by regulatory  and commercial                                                               
issues, and LNG economics.                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the Joint                                                                 
meeting of the House Rules Standing Committee and the Senate                                                                    
Special Committee on Energy was adjourned at 4:47 p.m.                                                                          

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