Legislature(2009 - 2010)SENATE FINANCE 532

02/16/2010 02:30 PM Senate FINANCE


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Audio Topic
01:30:01 PM Start
01:30:31 PM Oil Industry Employment & Resident Hire
01:58:45 PM Taps History & Tariffs
02:28:45 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Production Tax Review: TELECONFERENCED
Introduction & Overview
Transportation Costs
Dept of Revenue
-- Testimony <Invitation Only> --
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 16, 2010                                                                                          
                         1:30 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:30:01 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate Finance Committee                                                                            
meeting to order at 1:30 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Charlie Huggins, Vice-Chair                                                                                             
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Jeff  Hadland,  Economist  &  Research  Program  Supervisor,                                                                    
Department   of  Labor   and  Workforce   Development;  Dona                                                                    
Keppers, Audit Master, Tax  Division, Department of Revenue;                                                                    
Joyce Lofgren, Petroleum Economist, Department of Revenue                                                                       
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
None                                                                                                                            
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
OIL & GAS OVERVIEW                                                                                                              
                                                                                                                                
     OIL INDUSTRY EMPLOYMENT & RESIDENT HIRE                                                                                    
                                                                                                                                
     TAPS HISTORY & TARIFFS                                                                                                     
                                                                                                                                
^OIL INDUSTRY EMPLOYMENT & RESIDENT HIRE                                                                                      
                                                                                                                                
1:30:31 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  introduced  the  topic  of  oil  industry                                                                    
employment and noted  that the focus would be  on the Arctic                                                                    
oil and gas industry.                                                                                                           
                                                                                                                                
JEFF  HADLAND,  ECONOMIST  &  RESEARCH  PROGRAM  SUPERVISOR,                                                                    
DEPARTMENT  OF LABOR  AND WORKFORCE  DEVELOPMENT, went  over                                                                    
the  data  used  to  develop  the numbers  on  oil  and  gas                                                                    
employment.  He said  the  primary source  of  data is  from                                                                    
quarterly unemployment insurance  contribution reports which                                                                    
contain information on  social security numbers, occupation,                                                                    
place of work, and the  wages. In addition, there are weekly                                                                    
unemployment  insurance records.  The data  is matched  with                                                                    
administrative  data  files,  including the  Permanent  Fund                                                                    
Dividend file,  which is the  primary source  of information                                                                    
for  residency.   In  addition  to  the   data  reported  by                                                                    
employers,  the department  conducts  monthly surveys  which                                                                    
provide further data.                                                                                                           
                                                                                                                                
1:33:18 PM                                                                                                                    
                                                                                                                                
Mr. Hadland  related that  the oil  industry had  an average                                                                    
annual employment in  2009 that was slightly  higher than in                                                                    
2008; however, the  second half of the year  showed a slight                                                                    
decline, a trend that is continuing.                                                                                            
                                                                                                                                
Mr. Hadland  used a handout entitled,  "Alaska Department of                                                                    
Labor and  Workforce Development - Oil  Industry Employment,                                                                    
Unemployment and  Resident Hire"  (copy on file).  He turned                                                                    
to a  graph which  depicted employment from  1980 to  2010 -                                                                    
slide 1.  Major oil company  employment was stable  over the                                                                    
year, but  oil field  and services employment  is declining.                                                                    
The projection  for 2010 is  a slight decline.  The forecast                                                                    
is for a  .4 percent decline in all jobs  statewide and a .3                                                                    
percent decline in oil industry jobs from 2009 to 2010.                                                                         
                                                                                                                                
Co-Chair Stedman requested  specific information about Point                                                                    
Thomson and general maintenance.                                                                                                
                                                                                                                                
Senator Thomas  wanted more  information about  the dramatic                                                                    
increase in employment from 2005-9.                                                                                             
                                                                                                                                
1:35:59 PM                                                                                                                    
                                                                                                                                
Mr. Hadland reported that the  data could not be broken down                                                                    
by projects.  That would require social  security numbers of                                                                    
individual workers on the projects.                                                                                             
                                                                                                                                
Senator  Thomas wondered  about  forecast data  from 2003  -                                                                    
2005 which  predicted increases  in employment.  He inquired                                                                    
if a  particular field  was a factor.  Mr. Hadland  shared a                                                                    
number   of  factors   which   impact  employment   forecast                                                                    
projections:  revenue estimates,  industry sources,  and the                                                                    
history of employment.                                                                                                          
                                                                                                                                
1:38:11 PM                                                                                                                    
                                                                                                                                
Mr. Hadland  turned to slide  2, which shows the  percent of                                                                    
resident workers  in the oil  and gas industry from  1988 to                                                                    
2008.  There has  been an  increase in  non-resident workers                                                                    
due to  an increased reliance  on oil field  service company                                                                    
workers.                                                                                                                        
                                                                                                                                
Co-Chair  Stedman  returned  to  slide  1  to  point  to  an                                                                    
increase  in employment  from 2004  -  2008, but  a drop  in                                                                    
resident  employment during  the  same period,  as shown  on                                                                    
slide 2.  He requested numbers rather  than percentages. Mr.                                                                    
Hadland offered to provide that information.                                                                                    
                                                                                                                                
1:41:03 PM                                                                                                                    
                                                                                                                                
Mr.  Hadland turned  to slide  3 and  reported on  the total                                                                    
workers working  by quarter in  the oil industry,  from both                                                                    
the  oil  support  and  the   oil  extraction  sectors.  Oil                                                                    
extraction numbers  have remained stable, while  oil support                                                                    
numbers  have increased  until the  third  quarter of  2009,                                                                    
when  there  was  a   decline.  Co-Chair  Stedman  requested                                                                    
information about additional quarters  from the beginning of                                                                    
PPT   in  2005.   Mr.  Hadland   agreed   to  provide   that                                                                    
information.                                                                                                                    
                                                                                                                                
Co-Chair Stedman  wanted to get a  feel for how much  is due                                                                    
to employment effort, credits, time,  and dollars going into                                                                    
oil extraction, versus oil support.                                                                                             
                                                                                                                                
1:42:29 PM                                                                                                                    
                                                                                                                                
Mr. Hadland  spoke of monthly  oil industry  employment from                                                                    
2005 to 2009  - slide 4. In January of  2005 average monthly                                                                    
employment  was  slightly  over  8,000  workers;  currently,                                                                    
there are  about 13,000. In  recent months there has  been a                                                                    
decline.                                                                                                                        
                                                                                                                                
1:43:26 PM                                                                                                                    
                                                                                                                                
Mr. Hadland  described slide  5 which  shows the  percent of                                                                    
oil industry nonresident workers  in Alaska between 1995 and                                                                    
2008. The  information is broken down  by oilfield services,                                                                    
oil and gas extraction, and total workers.                                                                                      
                                                                                                                                
Mr. Hadland discussed slide 6  - unemployment insurance (UI)                                                                    
claimants  by  industry  from  2003 to  2009;  oil  and  gas                                                                    
related  employment, as  well  as  all industry  employment.                                                                    
There was  a significant  increase of  UI claimants  in 2009                                                                    
over 2008  in the oil  industry. For all  industries, claims                                                                    
increased by about 50 percent.                                                                                                  
                                                                                                                                
1:44:48 PM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman asked  if the rise shown in slide  6 is due                                                                    
to  hiring more  out-of-state workers.  Mr. Hadland  related                                                                    
that  the  increase in  UI  claims  can  be caused  by  many                                                                    
different factors. Co-Chair Hoffman  said it looks as though                                                                    
it is caused  by more non-resident workers.  Since 2002, the                                                                    
number of  non-resident oil industry workers  has increased.                                                                    
Mr.  Hadland  reported  that  the UI  claims  are  from  all                                                                    
workers.  There  is not  a  disproportionate  share of  non-                                                                    
resident  workers who  are receiving  UI benefits.  Co-Chair                                                                    
Hoffman  maintained  that  in-state claimants  doubled.  Mr.                                                                    
Hadland  explained  that  the  inter-state  claims  are  not                                                                    
necessarily from out-of-state residents.                                                                                        
                                                                                                                                
1:47:29 PM                                                                                                                    
                                                                                                                                
Senator  Ellis  referred  to  slide   5  and  asked  if  the                                                                    
percentages  shown   are  average  numbers   of  nonresident                                                                    
oilfield  services workers  per  year. He  wondered if  some                                                                    
companies  have a  much higher  number.  Mr. Hadland  agreed                                                                    
that  the  rate  varies  between employers.  He  noted  that                                                                    
resident  hire   rates  are  published  annually   and  that                                                                    
information is available.                                                                                                       
                                                                                                                                
Senator  Ellis  said  he  had  heard  that  the  nonresident                                                                    
workforce at one  company was between 50 and  55 percent. He                                                                    
opined that  there were  a number  of companies  with higher                                                                    
than 32 percent non-resident workers.                                                                                           
                                                                                                                                
Co-Chair  Stedman  asked  for additional  information  about                                                                    
individual company employment  percentages. Mr. Hadland said                                                                    
he  could provide  that  information.  Senator Ellis  voiced                                                                    
appreciation.  He  suggested   the  information  may  create                                                                    
pressure to hire in-state workers.                                                                                              
                                                                                                                                
1:50:38 PM                                                                                                                    
                                                                                                                                
Mr.  Hadland turned  to the  subject of  Alaska unemployment                                                                    
insurance  weeks paid  by month  - slide  7. He  reported an                                                                    
increase  in the  number of  'weeks paid"  the last  several                                                                    
months.                                                                                                                         
                                                                                                                                
Mr.  Hadland  provided  a  copy of  the  most  recent  press                                                                    
release  from   the  Department   of  Labor   and  Workforce                                                                    
Development  -   slide  8.  It   provides  an   overview  of                                                                    
unemployment in Alaska and the U.S. on a monthly basis.                                                                         
                                                                                                                                
Mr. Hadland  turned to a  graph which shows the  monthly oil                                                                    
industry employment  for the U.S. Co-Chair  Stedman wondered                                                                    
if  that  same information  was  available  for Alaska.  Mr.                                                                    
Hedland referred  to slide 4,  but noted there was  a slight                                                                    
difference.                                                                                                                     
                                                                                                                                
1:53:30 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  suggested it  would  be  helpful for  the                                                                    
committee to  see the  national and  state charts  match up.                                                                    
Mr. Hadland agreed to provide that information.                                                                                 
                                                                                                                                
Senator Thomas  turned back to  slide 1, Alaska Oil  and Gas                                                                    
Employment 1980-2010. He pointed  out that employment was up                                                                    
from 2003  to 2009 and then  flattened out. Slide 2  shows a                                                                    
downtrend in resident workers. Slide  6 shows an increase in                                                                    
UI claimants.  He concluded  that if  the employment  is up,                                                                    
but  the  UI claims  are  also  up,  then the  people  being                                                                    
employed are not Alaskan residents.                                                                                             
                                                                                                                                
Mr.  Hadland said  that the  employment decline  occurred in                                                                    
the last half  of 2009 and that resulted in  the spike in UI                                                                    
claims. Although  the average for  the year is  trending up,                                                                    
employment is  going down. He speculated  that other factors                                                                    
could cause  UI claims to  increase. The largest  numbers of                                                                    
UI claims are from  electricians, plumbers, and pipefitters.                                                                    
The data is not necessarily in conflict.                                                                                        
                                                                                                                                
Co-Chair Stedman review requests  for further information on                                                                    
regression  similarities between  the national  oil industry                                                                    
and Alaska's oil industry.                                                                                                      
                                                                                                                                
1:58:26 PM                                                                                                                    
                                                                                                                                
^TAPS HISTORY & TARIFFS                                                                                                       
                                                                                                                                
1:58:45 PM                                                                                                                    
                                                                                                                                
DONA  KEPPERS, AUDIT  MASTER,  TAX  DIVISION, DEPARTMENT  OF                                                                    
REVENUE, listed her credentials  and introduced Ms. Lofgren.                                                                    
She   outlined   her   presentation  as   covering   netback                                                                    
calculations, tariff history, and going forward.                                                                                
                                                                                                                                
Co-Chair Stedman asked for a definition of a netback.                                                                           
                                                                                                                                
JOYCE LOFGREN,  PETROLEUM ECONOMIST, DEPARTMENT  OF REVENUE,                                                                    
referred  to  a handout  entitled,  "TAPS  Tariff History  &                                                                    
Going  Forward" (copy  on file).  She shared  information on                                                                    
slide 3. She  said that in Alaska, state oil  and gas leases                                                                    
and production tax statutes calculate  royalty and tax based                                                                    
on  wellhead value.  Oil  is primarily  sold  at West  Coast                                                                    
refineries. Wellhead  value is calculated through  a netback                                                                    
process that  allows for  deduction of  transportation costs                                                                    
to point of sale.                                                                                                               
                                                                                                                                
Ms.  Lofgren  turned to  slide  4  to describe  two  primary                                                                    
transportation cost components,  pipeline tariffs and marine                                                                    
(tanker)  costs.  Pipeline  tariffs  are set  by  state  and                                                                    
federal  regulators.   Intrastate  rates  are  set   by  the                                                                    
Regulatory Commission of Alaska  (RCA). Interstate rates are                                                                    
set by the Federal Energy Regulatory Commission (FERC).                                                                         
                                                                                                                                
Ms.  Lofgren  showed a  simple  calculation  of the  netback                                                                    
process  - slide  5.  It was  estimated  with February  2010                                                                    
data.  She listed  deductions  taken to  arrive  at the  ANS                                                                    
wellhead  price.  Co-Chair  Stedman defined  ANS  as  Alaska                                                                    
North Slope.                                                                                                                    
                                                                                                                                
Ms. Lofgren  showed slide 6,  a graph that depicts  the TAPS                                                                    
tariff  relative to  the price  of crude  oil. She  stressed                                                                    
that  this relationship  was  extremely  significant to  the                                                                    
Department  of Revenue  because of  the millions  of dollars                                                                    
affected. There were times when  the TAPS tariff was half of                                                                    
what the price of crude was.                                                                                                    
                                                                                                                                
2:03:17 PM                                                                                                                    
                                                                                                                                
Ms. Lofgren spoke of the initial  TAPS tariff - slide 7. She                                                                    
related that  TAPS began shipping  oil in 1977.  The initial                                                                    
tariffs filed by  TAPS carriers charged over  $6 per barrel.                                                                    
The  filed rates  go  into effect  subject  to refund  until                                                                    
litigation is completed.                                                                                                        
                                                                                                                                
Ms.  Lofgren   reported  that  the  TAPS   tariff  has  been                                                                    
controversial  since   the  beginning.  She   discussed  the                                                                    
initial TAPS tariff  litigation which began in  1977 - slide                                                                    
8. The state  protested the initial tariffs at  the FERC and                                                                    
the APUC  (RCA predecessor). In  1985, with no end  in sight                                                                    
to  the   litigation,  the  state  and   the  TAPS  carriers                                                                    
negotiated a settlement.                                                                                                        
                                                                                                                                
Co-Chair Stedman asked, for the  benefit of those listening,                                                                    
who owns the  tariff when it gets paid to  TAPS. Ms. Lofgren                                                                    
explained  that TAPS  has five  owners: Conoco,  ExxonMobil,                                                                    
BP, Unical, and Koch. There  are two tariffs, intrastate and                                                                    
interstate. Co-Chair  Stedman commented  that the  owners of                                                                    
TAPS  are  the  same  participants as  in  Prudhoe  Bay  and                                                                    
Kuparuk. Ms. Lofgren said that was correct.                                                                                     
                                                                                                                                
2:05:26 PM                                                                                                                    
                                                                                                                                
Ms. Lofgren  turned to slide  9 - TAPS  Settlement Agreement                                                                    
(TSA).  She  explained  the  TSM  methodology.  A  formulaic                                                                    
method to  calculate annual rates  was created.  It involved                                                                    
five  tariffs due  to the  joint ownership  arrangement. The                                                                    
agreement  also  provided for  an  annual  true-up based  on                                                                    
actual costs.  The settlement formula  set a ceiling  on the                                                                    
filings. It was agreed that  the state would not protest the                                                                    
charged rate  unless it was  higher than those  derived from                                                                    
the TSM methodology,  there were imprudent costs,  or it was                                                                    
inconsistent with the law.                                                                                                      
                                                                                                                                
2:06:32 PM                                                                                                                    
                                                                                                                                
Ms. Lofgren explained  slide 10 - other  TSA provisions. The                                                                    
agreement binds  only the state  and TAPS carriers.  It left                                                                    
open  that  third  party  shippers  are  free  to  challenge                                                                    
settlement  rates any  time. The  state  could audit  annual                                                                    
filings. The  agreement could  be terminated  by any  of the                                                                    
parties by January  1, 2009; otherwise it was  set to expire                                                                    
at the end of 2011.                                                                                                             
                                                                                                                                
Ms.  Lofgren   shared  information   on  slide  11   -  TAPS                                                                    
intrastate  rate protest.  In  December  1996 Tesoro  Alaska                                                                    
filed a protest of the  1997 TAPS intrastate rates. In 2002,                                                                    
RCA  issued  Order  151  which  stipulated  that  the  rates                                                                    
charged during 1997 to 2000  were not just and reasonable. A                                                                    
lower  intrastate  rate  was established  and  refunds  were                                                                    
ordered.                                                                                                                        
                                                                                                                                
2:07:52 PM                                                                                                                    
                                                                                                                                
Ms. Lofgren  discussed interstate rate protests  - slide 12.                                                                    
In 2005, the state  protested carriers' interstate rates for                                                                    
unlawful   discrimination.  The   state   argued  that   the                                                                    
difference  between  the  interstate  and  intrastate  rates                                                                    
violated  TSA  and  Interstate  Commerce  Act  prohibitions.                                                                    
Anadarko then  protested 2005  rates as  not being  just and                                                                    
reasonable.  The state  and Anadarko  protested 2006,  2007,                                                                    
and 2008 TSA-based annual rates.                                                                                                
                                                                                                                                
Ms. Lofgren reported on the  FERC Decision and Opinion 502 -                                                                    
slide  13. In  May 2007  the FERC  Administrative Law  Judge                                                                    
(ALJ) Cintron  issued an initial  decision finding  the TAPS                                                                    
2005 and 2006  interstate rates not just  and reasonable. In                                                                    
June 2008 FERC  issued Opinion 502 affirming the  ALJ on all                                                                    
issues.  They ordered  carriers to  file new  2005 and  2006                                                                    
rates  based  on  current  FERC  regulatory  formula  (154-B                                                                    
methodology). They  also ordered  refunds based  on re-filed                                                                    
rates. The  refunds for 2005-2006 resulted  in an additional                                                                    
$600 million  to the state  for adjusted production  tax and                                                                    
royalty liabilities.                                                                                                            
                                                                                                                                
2:09:38 PM                                                                                                                    
                                                                                                                                
Ms. Lofgren  discussed 2007-2008 TAPS rate  protests - slide                                                                    
14.  The  result was  that  FERC  ordered TAPS  carriers  to                                                                    
recalculate and re-file 2007 and  2008 annual rates based on                                                                    
Opinion 502 methodology. The  refunds for 2007-2008 resulted                                                                    
in  an additional  $200 million  to the  state for  adjusted                                                                    
production tax and royalty liabilities.                                                                                         
                                                                                                                                
Co-Chair Stedman asked  for the total TAPS  tariffs per year                                                                    
for marine  transportation. Ms. Lofgren  did not  have those                                                                    
numbers, but offered to provide  them. Co-Chair Stedman said                                                                    
there was about  $1 billion total in  shipping TAPS tariffs.                                                                    
Ms.  Lofgren gave  an example:  250 million  barrels at  ten                                                                    
cents equals $25 million a year.                                                                                                
                                                                                                                                
2:11:21 PM                                                                                                                    
                                                                                                                                
Ms. Lofgren  shared information  about the  TAPS settlement,                                                                    
which terminated effective  January 1, 2009 -  slide 15. The                                                                    
state  terminated the  settlement. She  discussed the  post-                                                                    
settlement  rate  protests -  slide  16.  The TAPS  carriers                                                                    
filed new intrastate rates at the  end of 2008 - early 2009,                                                                    
and the  new interstate  rates in the  second half  of 2009.                                                                    
The state  and Anadarko protested  those rate filings  and a                                                                    
new rate hearing is set at the FERC for October 2010.                                                                           
                                                                                                                                
Ms. Lofgren showed  a graph which depicts  the components of                                                                    
the  TAPS Tariff  over time  -  slide 17.  It is  not to  be                                                                    
confused with  total operating expenses;  it is  dollars per                                                                    
barrel. The  components have changed  over time.  It depicts                                                                    
the effect of the settlement agreement.                                                                                         
                                                                                                                                
Co-Chair  Stedman  asked  what  year  the  change  from  the                                                                    
settlement agreement  took place. Ms. Lofgren  said the drop                                                                    
happened  in   2005.  Co-Chair  Stedman   noted  it   was  a                                                                    
substantial change. Ms. Lofgren  agreed. The major component                                                                    
of the TAPS  tariff is now operating expense.  Early on, the                                                                    
major  component was  depreciation. After-tax  margin is  no                                                                    
longer a part of the rate calculation.                                                                                          
                                                                                                                                
2:14:29 PM                                                                                                                    
                                                                                                                                
Ms.  Lofgren   turned  to  slide   18  -  cost   of  service                                                                    
components.  She listed  the components  added to  operating                                                                    
expenses:  return  of  rate  base,   return  on  rate  base,                                                                    
allowance for  funds used  during construction  (AFUDC), and                                                                    
income  tax  allowance.  Co-Chair  Stedman  asked  if  AFUDC                                                                    
included  all capital  expenditures.  Ms. Lofgren  explained                                                                    
that it  takes a  period of time  before AFUDC  are inserted                                                                    
into the carrier's  property in service. Cost  of service or                                                                    
total revenue requirement is the sum of the components.                                                                         
                                                                                                                                
2:16:03 PM                                                                                                                    
                                                                                                                                
Ms.  Lofgren  explained  slide  19  -  TAPS  throughput  and                                                                    
tariff. The  left side  shows millions  of barrels  per year                                                                    
(production) and  the right side  shows dollars  per barrel.                                                                    
She  stressed the  significant  impact  production has  when                                                                    
calculating  a  tariff.  She emphasized  how  important  the                                                                    
throughput or deliveries are.                                                                                                   
                                                                                                                                
Co-Chair  Stedman  returned to  slide  18  to ask  for  more                                                                    
information  on  the  TAPS settlement  methodology,  opinion                                                                    
502,  and  the "shift  down".  He  asked  if the  state  was                                                                    
currently  operating under  502. Ms.  Lofgren said  that was                                                                    
correct. She reviewed  the components of the  tariff again -                                                                    
slide 17.  She discussed an  after-tax margin that  was part                                                                    
of  the total  revenue  requirement. It  started  out at  35                                                                    
cents  per barrel  back when  the  settlement agreement  was                                                                    
entered into. It  was to increase at the  rate of inflation.                                                                    
It also  had to  be figured into  the income  tax allowance.                                                                    
The after-tax margin and the  income tax allowance disappear                                                                    
after  the settlement  agreement and  the change  to Opinion                                                                    
501, which is strictly a cost-based tariff.                                                                                     
                                                                                                                                
2:18:18 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman referred  to  slide 19  and  asked if  the                                                                    
spread  between Opinion  502  and the  TSA  was around  $650                                                                    
million on 240  million barrels a year.  Ms. Lofgren agreed.                                                                    
Co-Chair Stedman asked if it  adds value to the wellhead and                                                                    
increases  the  state's share.  Ms.  Lofgren  said that  was                                                                    
correct under 502, as opposed  to being at the higher tariff                                                                    
resulting in  a lower  wellhead. If  the tariff  is lowered,                                                                    
there   will  be   a  higher   wellhead.  Co-Chair   Stedman                                                                    
emphasized the "magnitude of the  dollars we're working in".                                                                    
Ms. Lofgren agreed it made a huge impact.                                                                                       
                                                                                                                                
2:19:51 PM                                                                                                                    
                                                                                                                                
Ms. Keppers discussed the importance  of the other essential                                                                    
component piece  for calculating the tariff,  the throughput                                                                    
- slide  20. She  pointed out that  the tariff  increases if                                                                    
the   costs  increase,   the  throughput   declines,  or   a                                                                    
combination of both.                                                                                                            
                                                                                                                                
Ms. Keppers  described the  throughput required  to maintain                                                                    
the 2010  tariff level - slide  21. She spoke of  methods to                                                                    
address the throughput issue.  For example, Alyeska Pipeline                                                                    
has  been  undergoing low  flow  studies  to understand  the                                                                    
impacts of  reduced throughput. They believe  that TAPS will                                                                    
continue to operate  in a safe and efficient  manner for the                                                                    
plan period  with additional  investment. They  also believe                                                                    
the  physical  life  of  TAPS  will  last  as  long  as  the                                                                    
integrity  of the  pipeline  and  facilities are  maintained                                                                    
adequately  to  allow  continued  safe  and  environmentally                                                                    
sound transport of crude.                                                                                                       
                                                                                                                                
Ms.  Lofgren discussed  another  way Alyeska  is working  on                                                                    
throughput issues - working  on strategic reconfiguration of                                                                    
new pumps.                                                                                                                      
                                                                                                                                
Co-Chair Stedman  requested information about slide  21. Ms.                                                                    
Lofgren explained  how calculations  were done  to determine                                                                    
the  throughput level  needed to  maintain  the 2010  tariff                                                                    
level. The  point of the  table is  to show that  "you don't                                                                    
necessarily have to have increased  tariffs just because the                                                                    
cost of service is going up".                                                                                                   
                                                                                                                                
2:23:30 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  referred to a statute  change that allowed                                                                    
the state to  put forth a "fair and  reasonable tariff". Ms.                                                                    
Lofgren  said  there  is a  regulation  that  addresses  the                                                                    
reasonableness test  of cost of  transportation. Regulations                                                                    
will  be  calculated  using  a  cost-based  methodology  and                                                                    
implemented by  the Department of Revenue.  Co-Chair Stedman                                                                    
asked when those regulations would  be in place. Ms. Lofgren                                                                    
reported that the regulations were  out for comment now. Co-                                                                    
Chair Stedman stated that regulations'  impact on the tariff                                                                    
will have to be addressed.                                                                                                      
                                                                                                                                
2:25:03 PM                                                                                                                    
                                                                                                                                
Ms. Lofgren  pointed out that  regulations would  not affect                                                                    
the  tariff so  much  as determine  what  the Department  of                                                                    
Revenue would allow for taxes.                                                                                                  
                                                                                                                                
Ms. Lofgren  spoke of the  tariff going forward -  slide 22.                                                                    
She said  there would  be a  uniform rate  on TAPS,  a filed                                                                    
rate of  $4.10. There  is currently no  settlement agreement                                                                    
between the  TAPS carriers and  the state. There will  be no                                                                    
access to data  other than FERC filings  and protests. There                                                                    
are  stacked rate  filings  and protests.  There  is a  FERC                                                                    
hearing scheduled for October 2010.                                                                                             
                                                                                                                                
2:26:41 PM                                                                                                                    
                                                                                                                                
Senator  Egan   asked  how  often  operating   expenses  are                                                                    
audited. Ms. Lofgren  said that it has been  some time since                                                                    
TAPS has been  audited. Senator Egan referred  to a previous                                                                    
slide regarding the FERC ruling.  Ms. Lofgren explained that                                                                    
the tariff is not audited.                                                                                                      
                                                                                                                                
Ms.  Lofgren  talked  about   the  complications  of  having                                                                    
stacked rate  filings and protests. She  reported that there                                                                    
is  a FERC  hearing on  October 2010  to discuss  unresolved                                                                    
issues.  She noted  that FERC  does audit  the TAPS  tariff,                                                                    
even if the state does not.                                                                                                     
                                                                                                                                
2:28:45 PM                                                                                                                    
                                                                                                                                
Senator Thomas  noted that the second  greatest component of                                                                    
the TAPS tariff, about 12  percent, is "other". He requested                                                                    
a definition of  "other". Ms. Lofgren explained  that it was                                                                    
the rate  of return, which  entails the return on  equity on                                                                    
the  rate base  and  the deferred  return. Co-Chair  Stedman                                                                    
asked  for  figures  on  the rate  of  return.  Ms.  Lofgren                                                                    
thought it was about 12 to  14 percent. She reported that in                                                                    
2008  or early  2009 the  FERC put  out a  policy which  now                                                                    
allows a  proxy group to  determine the rate of  return. The                                                                    
rate of  return on  the rate  base was  significantly higher                                                                    
than in previous years.                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 2:30 PM.                                                                                           

Document Name Date/Time Subjects
021610 DOLWF Oil Industry Employment Resident HIre.pdf SFIN 2/16/2010 2:30:00 PM
2010 02 16 GCA Alaska-Investment Comparison Memo.pdf SFIN 2/16/2010 2:30:00 PM
Oil and Gas Production Tax Review
2010 02 18 DOL O&G Employment Response SFC.pdf SFIN 2/16/2010 2:30:00 PM
2010 02 18 DOL O&G Employment Attachments SFC.pdf SFIN 2/16/2010 2:30:00 PM