Legislature(2009 - 2010)SENATE FINANCE 532

02/22/2010 09:00 AM Senate FINANCE


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Audio Topic
09:00:53 AM Start
09:01:02 AM Effect of Key Tax Components on Government Take and Tax Rates
09:43:38 AM Alaska's Oil and Gas Regime Relative to Other Global Systems.
10:45:52 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Production Tax Review: TELECONFERENCED
Tax Rates, Net Profit Sharing,
Government Take
Dept of Revenue & other Administrative
Representatives
-- Testimony <Invitation Only> --
Gas Value Under ACES Tax Provisions
<Postponed to 2/24/10>
Bills Previously Heard/Scheduled
                  SENATE FINANCE COMMITTEE                                                                                      
                     February 22, 2010                                                                                          
                         9:00 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:00:53 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate  Finance Committee meeting                                                                   
to order at 9:00 a.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                                                                                                                  
                                                                                                                                
Senator  Joe  Paskvan,  Senator  John  Coghill,  Pat  Galvin,                                                                   
Commissioner, Department of Revenue;  Dan Stickel, Economist,                                                                   
Tax   Division,  Department   of   Revenue;  Rich   Ruggiero,                                                                   
Consultant, Gaffney, Cline and Associates Inc.                                                                                  
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
None                                                                                                                            
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
EFFECT  OF KEY  TAX  COMPONENTS ON  GOVERNMENT  TAKE and  TAX                                                                 
RATES                                                                                                                         
                                                                                                                                
ALASKA'S  OIL &  GAS  TAX REGIME  REALATIVE  TO OTHER  GLOBAL                                                                 
SYSTEMS                                                                                                                       
                                                                                                                                
^Effect  of Key  Tax Components  on Government  Take and  Tax                                                                   
Rates                                                                                                                           
                                                                                                                                
9:01:02 AM                                                                                                                    
                                                                                                                                
PAT GALVIN,  COMMISSIONER, DEPARTMENT  OF REVENUE,  explained                                                                   
that the presentation  employs an interactive  model referred                                                                   
to  as  a "dashboard  design"  that  allows  manipulation  of                                                                   
variables  within the  production tax  calculation. The  tool                                                                   
allows  a person to  view the  impact of  tax calculation  on                                                                   
state  revenue,   the  producer's  share,  and   the  federal                                                                   
government. He explained that  the model provides an overview                                                                   
of the various representations.                                                                                                 
                                                                                                                                
DAN STICKEL, ECONOMIST, TAX DIVISION,  DEPARTMENT OF REVENUE,                                                                   
reviewed  the  model  "One  Year  Snapshot  of  a  Change  to                                                                   
Production Tax" (Copy on File).  Using the model, one can set                                                                   
parameters for  given scenarios  by adjusting the  oil price,                                                                   
transportation costs, royalty  rates, and lease expenditures.                                                                   
Potential  changes  to  Alaska's Clear  and  Equitable  Share                                                                   
(ACES) can  also be made. The  model also allows one  to look                                                                   
at two  different progressivity  rates. The model  allows one                                                                   
to adjust the capital credit rate  and the production as part                                                                   
of the base scenario. He provided  an example where under the                                                                   
current ACES system, the producer  receives 32 percent of the                                                                   
income   and  the   state  takes   50   percent.  Under   the                                                                   
modification,  the producer  takes 37  percent and the  state                                                                   
takes 43 percent.                                                                                                               
                                                                                                                                
9:06:27 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  asked if  the current  tax structure  was a                                                                   
fixed frozen  allocation on  the model,  or is the  structure                                                                   
dynamic. Commissioner  Galvin responded that the  current tax                                                                   
structure is fixed  at the current ACES.  Commissioner Galvin                                                                   
interjected that if the price,  royalty rate, or the upstream                                                                   
cost is  changed, then the  columns will adjust  accordingly.                                                                   
The current  system is fixed in  terms of the  parameters for                                                                   
the tax rate, progressivity, and the current royalty.                                                                           
                                                                                                                                
Senator  Olson  asked  about   the  terms  contractor  versus                                                                   
producer. Commissioner  Galvin replied  that the copy  of the                                                                   
model given to  Senator Olson was an earlier  version and the                                                                   
terms contractor and producer are interchangeable.                                                                              
                                                                                                                                
Mr.  Stickel reviewed  the  total  profit across  the  entire                                                                   
fiscal  system.   Under  the  existing  scenario   the  state                                                                   
receives $7.3 billion  in oil revenue and $6.3  billion under                                                                   
the  adjustment.  Co-Chair  Stedman   corrected  the  chart's                                                                   
spelling  of   "billion."  Mr.  Stickel  reviewed   the  cost                                                                   
recovery  component as  shown in the  interactive chart.  The                                                                   
share of the  revenue is allocated to the  lease expenditures                                                                   
and  the transportation  cost  as it  relates  to the  profit                                                                   
component of the oil revenue.                                                                                                   
                                                                                                                                
9:08:57 AM                                                                                                                    
                                                                                                                                
Mr. Stickel moved  to the set of charts titled  "Share of the                                                                   
Total  Production  Tax Value".  The  chart shows  the  amount                                                                   
received by the government, with  a broad range of oil prices                                                                   
using the tax regime set into the model.                                                                                        
                                                                                                                                
Senator  Thomas  revisited  the  share of  total  profits  in                                                                   
dollars under the  current and the modified  charts. He asked                                                                   
if the amounts  provided were an average or  fixed number. He                                                                   
explained that he  continues to read in periodicals  that the                                                                   
state  takes as  much as  80 percent.  Mr. Stickel  responded                                                                   
that the chart  illustrates the share of profit  at the given                                                                   
price production  lease expenditure  scenario input  into the                                                                   
model. Credits are included in the calculation.                                                                                 
                                                                                                                                
Commissioner  Galvin added  that  the chart  exemplifies  the                                                                   
share of  the take  across a wide  spectrum of prices.  Given                                                                   
the assumptions for lease expenditures  and production, an 80                                                                   
percent government take figure  is not seen. The marginal tax                                                                   
rate  may  be  the amount  quoted  in  the  periodicals.  Mr.                                                                   
Stickel  responded  that  he had  a  chart  illustrating  the                                                                   
marginal government take at a  range of oil prices. He stated                                                                   
that  under  the  current  regime,   approximately  $120  per                                                                   
barrel,  the marginal  government  take  is  greater than  90                                                                   
percent.                                                                                                                        
                                                                                                                                
Commissioner  Galvin clarified  that the  term "marginal  tax                                                                   
rate"  references  one additional  dollar  of  profit or  the                                                                   
share  between the  various  parties. Senator  Thomas  opined                                                                   
that  the  clarification   is  necessary  for   the  public's                                                                   
understanding.                                                                                                                  
                                                                                                                                
9:14:27 AM                                                                                                                    
                                                                                                                                
Mr. Stickel  moved on to the  "Share of Total  Production Tax                                                                   
Value with  Modifications" explaining  that the state  ranges                                                                   
from 38 percent  to 55 percent depending on  the modified tax                                                                   
scenario.                                                                                                                       
                                                                                                                                
Co-Chair Stedman asked if particular  areas within this model                                                                   
are parsed  out with  a hypothetical  ringfencing of  Prudhoe                                                                   
Bay  and Kuparuk.  Mr. Stickel  replied that  the model  does                                                                   
allow adjustment,  but the tax in actuality  is calculated on                                                                   
a company  as opposed to  a field basis. Commissioner  Galvin                                                                   
pointed out that the inputs for  the fields listed in a prior                                                                   
presentation  are  added to  the  resulting revenue  for  the                                                                   
state along with the combined total.                                                                                            
                                                                                                                                
Senator  Egan  asked if  the  credits and  the  modifications                                                                   
apply  to Prudhoe  Bay alone or  to the  entire North  Slope.                                                                   
Commissioner Galvin responded  that the credits depend on the                                                                   
modification  used.  The  modification   is  a  reference  to                                                                   
compare  the parameters  set in  the box  versus the  current                                                                   
production tax  values for those assumptions.  With regard to                                                                   
credits, if  they are modified  and raised to 30  percent the                                                                   
application would  span the entire  650 thousand  barrels per                                                                   
day. The parameters for production  are representation of the                                                                   
current  North  Slope.  The comparison  between  current  and                                                                   
modified  would show  the  difference if  change  in the  tax                                                                   
system were applied  to the entire system. If  the production                                                                   
level is modified  to reflect or replicate Prudhoe  Bay, then                                                                   
the  change  between  the current  system  and  the  modified                                                                   
system  could be  created for  the  one field.  The model  is                                                                   
flexible  and the  purpose is  for  the user  to replicate  a                                                                   
certain scenario.                                                                                                               
                                                                                                                                
9:20:07 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman asked about the  cost shown in the input. He                                                                   
asked how an upstream cost of  $16 is arrived at. Mr. Stickel                                                                   
replied that the  $16 dollars was indicative  of the upstream                                                                   
cost in  one of the historical  years, but the  upstream cost                                                                   
can  be  set  to  the  preferred   amount  for  the  scenario                                                                   
analysis.                                                                                                                       
                                                                                                                                
Co-Chair Stedman  recalled that  the department used  $25 per                                                                   
barrel for the presentation on  upstream and downstream costs                                                                   
last week.                                                                                                                      
                                                                                                                                
Commissioner  Galvin  acknowledged  that  generally  $25  per                                                                   
barrel is  used as the  combined transportation  and upstream                                                                   
cost, but the  model is designed to change  the variables. He                                                                   
explained  that the  department  has one  input for  upstream                                                                   
costs and in order to derive the  credits, you must parse the                                                                   
upstream cost  between operating and capital.  The model sets                                                                   
50 percent of the upstream cost  as capital and 50 percent as                                                                   
operating,  which   may  not  be  the  experience   that  any                                                                   
particular tax payer has.                                                                                                       
                                                                                                                                
Co-Chair Stedman  noted that the state is heavier  on capital                                                                   
costs  than operating  costs.  Mr.  Stickel agreed  that  the                                                                   
forecast  is for capital  costs to  increase while  operating                                                                   
costs will decline in FY10 and  remain steady. The 50 percent                                                                   
assumption can be modified in the model's calculations.                                                                         
                                                                                                                                
Co-Chair Stedman  explained that  the data  on the  screen is                                                                   
sometimes perceived  as truth  regarding the listed  outputs.                                                                   
If  the  inputs   are  left  over,  it  sometimes   leads  to                                                                   
confusion.                                                                                                                      
                                                                                                                                
Mr.  Stickel  pointed  out various  charts  produced  by  the                                                                   
model. One chart illustrates the  nominal tax rate across the                                                                   
range   of  oil  prices   under  the   current  system.   The                                                                   
modification and the tax system can then be compared.                                                                           
                                                                                                                                
Mr. Stickel  concluded  that the tool  allows examination  of                                                                   
the  effects   of  various  changes   to  the   existing  tax                                                                   
structure.                                                                                                                      
                                                                                                                                
9:27:41 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
Commissioner   Galvin   concluded   that   the   presentation                                                                   
illustrates  the  "dashboard"   model  as  a  tool  employing                                                                   
different  modifications to  the current  tax system  and the                                                                   
share  of  revenue.  The model  is  not  set  up to  for  any                                                                   
particular proposal, but is available  for people who want to                                                                   
use it.                                                                                                                         
                                                                                                                                
Co-Chair Stedman  asked if the algorithm models  the standard                                                                   
deduction.  Mr.  Stickel  replied  that  the  model  uses  an                                                                   
assumption  for  total costs  with  or without  the  standard                                                                   
deduction.                                                                                                                      
                                                                                                                                
Co-Chair  Stedman   asked  if  the  department   modeled  the                                                                   
standard  deduction  in anticipation  of  the  cost over  the                                                                   
three year  life. He asked  if the department  classified the                                                                   
standard deduction three years  ago and how close the outcome                                                                   
was to the projection.                                                                                                          
                                                                                                                                
Commissioner  Galvin responded  that  there was  not a  model                                                                   
using  an  anticipated  operating   expenditure  representing                                                                   
Prudhoe  Bay and  Kuparuk versus  the  three percent  allowed                                                                   
under the standard deduction.  The department did not project                                                                   
a  foreword  looking operating  expenditure  level  primarily                                                                   
because there was not historical  data to base a forecast on.                                                                   
                                                                                                                                
9:31:12 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman noted  that  the revenue  projections  last                                                                   
week  from the  Department of  Revenue show  the North  Slope                                                                   
development  units costing  the  treasury  an estimated  $434                                                                   
million.  Prudhoe Bay  and Kuparuk  generate  $2 billion.  He                                                                   
noticed different  comfort levels  depending on what  part of                                                                   
the base  a particular operator  used. The development  arena                                                                   
has a high comfort  level with the new entrants.  The concern                                                                   
is  raised   by  industry.   How  can   a  model  like   this                                                                   
synthetically ringfence Prudhoe  Bay and Kuparuk allowing for                                                                   
policy calls that maximize the Basin's value?                                                                                   
                                                                                                                                
Commissioner  Galvin responded  that the  model as  presented                                                                   
provides a  reflection of  individual fields. The  production                                                                   
assumptions  and  the  lease   expenditure  assumptions  with                                                                   
modifications  illustrate the  impact of  Prudhoe Bay  versus                                                                   
the other producing fields simply by changing the inputs.                                                                       
                                                                                                                                
Co-Chair  Stedman   noticed  that  the  downstream   and  the                                                                   
shipping  costs combined  equal $22 dollars.  He pointed  out                                                                   
that  marginal   decision  making   affects  the   industry's                                                                   
process.  He explained  that the  model  represents the  ACES                                                                   
policy perspective.                                                                                                             
                                                                                                                                
Commissioner  Galvin explained  that the department  observes                                                                   
revenue investment opportunities  that may exist on the North                                                                   
Slope.  He observed  that  the different  investment  metrics                                                                   
from a  marginal decision  making standpoint  will drive  the                                                                   
decision  regarding the  investment.  The  internal rates  of                                                                   
return and  the present  values must  be viewed and  analyzed                                                                   
from  the overall  perspective  and the  marginal  investment                                                                   
standpoint.                                                                                                                     
                                                                                                                                
9:38:18 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  assumed that  the model availability  would                                                                   
remain  "in  house."  Commissioner  Galvin  stated  that  the                                                                   
interactive model  would be given to Co-Chair  Stedman and he                                                                   
could decide about further availability.                                                                                        
                                                                                                                                
Co-Chair  Stedman   stated  that   he  wanted  to   keep  the                                                                   
administration and  consultants "corralled up"  on the inputs                                                                   
received from the model.                                                                                                        
                                                                                                                                
9:39:26 AM     AT EASE                                                                                                        
9:42:49 AM     RECONVENED                                                                                                     
                                                                                                                                
^Alaska's  Oil  and  Gas  Regime  Relative  to  Other  Global                                                                   
Systems.                                                                                                                        
                                                                                                                                
9:43:38 AM                                                                                                                    
                                                                                                                                
RICH  RUGGIERO,  CONSULTANT, GAFFNEY,  CLINE  AND  ASSOCIATES                                                                   
INC.  delivered the  PowerPoint  presentation "Fiscal  System                                                                   
Benchmarking" (Copy on File).  He opined that it is important                                                                   
to understand the basis by which  a fiscal comparison is made                                                                   
because   it  is  easy   for  presentation   results   to  be                                                                   
misinterpreted. Very few studies span a full cycle.                                                                             
                                                                                                                                
9:45:25 AM                                                                                                                    
                                                                                                                                
Mr.   Ruggiero   reviewed   Slide    5:   "Reviewing   Fiscal                                                                   
Comparisons"                                                                                                                    
                                                                                                                                
                                                                                                                                
     fiscal comparison is being made.                                                                                           
                                                                                                                                
     for which they were intended.                                                                                              
                                                                                                                                
        o Full cycle including Exploration?                                                                                     
        o From point of development investment decision?                                                                        
        o Remaining life?                                                                                                       
        o High price or low price scenario? etc.                                                                                
                                                                                                                                
Mr. Ruggiero detailed Slide 6: "Fiscal Take Also Depends                                                                        
                                                                                                                                
                                                                                                                                
        o In the early 1980's, prices were escalating, but                                                                      
          the places to invest were limited                                                                                     
             ƒThe UK had a 90+% government take and                                                                            
               investment activity level was high                                                                               
        o By the late 1990's prices had remained low for                                                                        
          most of the decade and upwards of 70 countries                                                                        
          were holding license rounds in search of                                                                              
          "revenues'.                                                                                                           
             ƒThe UK had eliminated all taxes but Corporate                                                                    
               Income Tax in an attempt to attract                                                                              
               investors.                                                                                                       
                                                                                                                                
     their ability to explain why regimes change or the need                                                                    
     for fiscal regime changes.                                                                                                 
                                                                                                                                
Mr.  Ruggiero  detailed the  map  on  Slide 7:  "The  1980's-                                                                   
Companies  in Search  of  Countries." The  areas  in the  map                                                                   
shown in green were open to foreign  investment in the energy                                                                   
sector.  The   red  zones  had  limited  access   to  foreign                                                                   
investment   in   the   energy   sector.   The   1980s   were                                                                   
characterized  as   a  decade  of  companies   in  search  of                                                                   
countries.                                                                                                                      
                                                                                                                                
Mr. Ruggiero  discussed Slide 8: "The early  2000's-Countries                                                                   
in Search of Companies."                                                                                                        
                                                                                                                                
Mr.  Ruggiero   detailed  Slide   9:  "The   2010's-Returning                                                                   
Nationalism, Transparency." Some  countries have raised their                                                                   
tax take  or have  inserted themselves  as a majority  equity                                                                   
partner in every venture in their country.                                                                                      
                                                                                                                                
9:49:45 AM                                                                                                                    
                                                                                                                                
Mr. Ruggiero explained  Slide 10: "Contract Awards  in Recent                                                                   
Iraq Bidding  Rounds". Of the  four columns shown,  the first                                                                   
indicates  the  field or  contract  area. The  second  column                                                                   
shows the  group of companies  that bid as a  consortium. The                                                                   
third column  is the plateau  production reached.  The fourth                                                                   
column  is  the  fee  bid  per   barrel  if  all  contractual                                                                   
conditions are met.                                                                                                             
                                                                                                                                
Co-Chair Stedman  asked why  the fee is  bid per  barrel. Mr.                                                                   
Ruggiero  answered  that the  fee  is  subject to  the  terms                                                                   
offered  for  the  properties'  licensing.  Co-Chair  Stedman                                                                   
asked  when the  two bidding  rounds  occurred. Mr.  Ruggiero                                                                   
answered that  round one  happened in June  and round  two in                                                                   
December of 2009.                                                                                                               
                                                                                                                                
Co-Chair   Stedman  noted   the  comments   made  about   the                                                                   
similarity between  Iraq and Saudi Arabia's  oil reserves. He                                                                   
asked  if there  was  a substantial  amount  of  oil in  Iraq                                                                   
versus that of  Alaska. Mr. Ruggiero explained  that he could                                                                   
not draw a comparison between Alaska and Iraq.                                                                                  
                                                                                                                                
Co-Chair  Stedman  stated  that he  attended  conferences  in                                                                   
London  last  summer  where  firm  representatives  expressed                                                                   
interest in the vast oil reserves in Iraq.                                                                                      
                                                                                                                                
Mr.  Ruggiero  agreed  that  countries  in  the  Middle  East                                                                   
contain  the vast  amount  of  oil and  gas  reserves in  the                                                                   
world.  All of the  entities in  the Middle  East have  large                                                                   
government take  and yet the international oil  companies are                                                                   
there because of the scope of reserves available.                                                                               
                                                                                                                                
Co-Chair  Stedman recalled  that  one oil  company offered  a                                                                   
similar  type  of contract  in  Southeast  Asia.  Discussions                                                                   
hinged on a  similar type of scenario  regarding negotiations                                                                   
to  enter the  market.  Mr.  Ruggiero agreed  that  technical                                                                   
service contracts have existed for quite some time.                                                                             
                                                                                                                                
9:56:39 AM                                                                                                                    
                                                                                                                                
Senator  Thomas pointed  out the  final column  in the  table                                                                   
illustrating the  cost per barrel.  Mr. Ruggiero  stated that                                                                   
he did  not wish to appear  evasive about Iraq,  but Gaffney,                                                                   
Cline, and  Associates were the  advisors to the  ministry of                                                                   
oil and  did draft  the agreements. He  stated that  he could                                                                   
only speak about the information  on the slides in the public                                                                   
domain.                                                                                                                         
                                                                                                                                
Mr.  Ruggiero  detailed  Slide   11:  "Creating  Best  Fiscal                                                                   
Systems"                                                                                                                        
                                                                                                                                
                                                                                                                                
     their   world-wide    competitive   position    to   set                                                                   
     hydrocarbon fiscal terms.                                                                                                  
        o Attract Investment                                                                                                    
        o Generate revenue for the treasury                                                                                     
        o Create jobs, increase local skill base                                                                                
                                                                                                                                
     countries with petroleum legislation.                                                                                      
        o Many areas of similarity                                                                                              
        o Many areas of difference                                                                                              
        o Different "vintages" can be active at the same                                                                        
          time                                                                                                                  
                                                                                                                                
Mr.  Ruggiero  detailed  Slide  12:  "Countries  Adapting  to                                                                   
Higher  Prices." The  slide demonstrates  that  from 2002  to                                                                   
2007 the various  people and countries look at  the fact that                                                                   
prices  are rising  and  more  profit was  going  to the  oil                                                                   
companies,  so terms were  increased.  The graph provides  an                                                                   
idea about the response to a rise in oil prices.                                                                                
                                                                                                                                
10:00:05 AM                                                                                                                   
                                                                                                                                
Mr.   Ruggiero   discussed   Slide   13:   "Industry   "Take"                                                                   
Assessments"                                                                                                                    
                                                                                                                                
                                                                                                                                
     typically based on:                                                                                                        
        o Marginal Government Take                                                                                              
        o Average Government Take                                                                                               
        o Total Government Take                                                                                                 
        o Risk                                                                                                                  
        o Stability                                                                                                             
                                                                                                                                
     fiscal regimes that these studies do not cover or rank                                                                     
     can at times be more important.                                                                                            
                                                                                                                                
Mr. Ruggiero addressed Slide 14: "What these studies tend to                                                                    
ignore."                                                                                                                        
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
   Many of the above have a significant financial impact and                                                                    
  if included might generate a different ranking outcome.                                                                       
                                                                                                                                
                                                                                                                                
Mr. Ruggiero described Slide 15: "New Players Today--the                                                                        
International National Oil Companies"                                                                                           
                                                                                                                                
                                                                                                                                
     internationally                                                                                                            
        o The focus of their expansion includes Middle East,                                                                    
          Former Soviet Union, Africa, and Latin America                                                                        
        o For example, China-Africa trade; $4 billion in                                                                        
          1995, $40 billion in 2005, expected to be over                                                                        
          $100 billion in 2010.                                                                                                 
                                                                                                                                
        o Different (lower?) investment criteria                                                                                
        o Different drivers                                                                                                     
        o Government to government deals                                                                                        
             ƒChina and India to cooperate on energy                                                                           
               acquisitions                                                                                                     
             ƒEmergence of the BRIC (Brazil, Russia, India,                                                                    
               China) alliance.                                                                                                 
                                                                                                                                
Mr.  Ruggiero  pointed out  Slide  16:  "Then there  are  the                                                                   
Hidden Drivers"                                                                                                                 
                                                                                                                                
                                                                                                                                
       o Compensation packages drive decision making                                                                            
        o Good deals are sometimes passed up to do deals                                                                        
          that score more bonus points                                                                                          
        o These are usually not obvious nor acknowledged                                                                        
                                                                                                                                
        o Maintaining reserve replacement/growth                                                                                
        o Reducing cost per barrel                                                                                              
        o Increasing market share                                                                                               
                                                                                                                                
10:05:14 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman  asked  a  question   about  Slide  10.  He                                                                   
recalled one  country that had  a failed round  approximately                                                                   
one  year ago,  but then  had  a successful  round this  fall                                                                   
after some  adjustments. Mr. Ruggiero  was not  familiar with                                                                   
the situation.                                                                                                                  
                                                                                                                                
Senator Thomas  asked how  the money  is tracked in  Nigeria.                                                                   
Mr.  Ruggiero  reported that  tracking  money  relies on  the                                                                   
contract information.                                                                                                           
                                                                                                                                
10:08:02 AM                                                                                                                   
                                                                                                                                
                                                                                                                                
Mr. Ruggiero continued with Slide 19: "Time Value of Money"                                                                     
                                                                                                                                
                                                                                                                                
     compare the time value of benefits in one regime versus                                                                    
     another.                                                                                                                   
                                                                                                                                
     all eligible costs to be deducted immediately from                                                                         
     revenue (and even receive cash back" plus provides                                                                         
     capital and exploration credits for the same expenses.                                                                     
                                                                                                                                
Mr.  Ruggiero discussed  Slide 20:  "Simplified Field  Model"                                                                   
that provides  an example  of the impact  of time  value. The                                                                   
hypothetical field  created in the slide shows  an investment                                                                   
of $1 billion dollars  in one year with a ten  year period to                                                                   
pay taxes and recover the capital investment.                                                                                   
                                                                                                                                
Mr. Ruggiero detailed  the table on Slide 23:  "Tax Impact of                                                                   
Depreciation" which shows the  significance of time value and                                                                   
countries' preferences in respect to recovering capital.                                                                        
                                                                                                                                
10:13:43 AM                                                                                                                   
                                                                                                                                
Mr. Ruggiero illustrated Slide  24: "Impact of 20% investment                                                                   
credits  over  two  years." Slide  25  illustrates  the  same                                                                   
information   in  table   form.  A  fiscal   regime   with  a                                                                   
combination  of immediate  write off  and investment  credits                                                                   
can  compete  favorably  on  select  financial  metrics  with                                                                   
regimes with lower Government Takes.                                                                                            
                                                                                                                                
Mr. Ruggiero addressed Slide 27 "Ringfencing"                                                                                   
                                                                                                                                
                                                                                                                                
     type fields or stand alone existing fields.                                                                                
                                                                                                                                
     "ringfenced."                                                                                                              
        o Implication: The same producer, in the same                                                                           
          country, can have a highly profitable project but                                                                     
          be unable to offset or deduct losses from another                                                                     
          project.                                                                                                              
        o One of the biggest surges of activity in the UK                                                                       
          offshore occurred when the ringfence around PRT                                                                       
          (their special petroleum tax) was removed.                                                                            
                                                                                                                                
10:17:35 AM                                                                                                                   
                                                                                                                                
Mr. Ruggiero continued with Slide 28: "Why Ringfencing                                                                          
Matters"                                                                                                                        
                                                                                                                                
     opportunities as a standalone project.                                                                                     
        o Market price lower than NS crude based on quality                                                                     
        o Higher development and operating costs                                                                                
        o Ignores fact that project is connected (fiscally)                                                                     
          to existing operations.                                                                                               
                                                                                                                                
Mr. Ruggiero detailed Slide 29: "Simple Ringfence Example".                                                                     
                                                                                                                                
                                                                                                                                
        o Production 650,000 bpd                                                                                                
        o Market oil price $70/bbl                                                                                              
        o Transportation costs of $7/bbl                                                                                        
        o Upstream costs $18/bbl (50% opex, 50% capex)                                                                          
                                                                                                                                
        o Production 250,000 bpd                                                                                                
        o Market oil price 90% of NS oil price (quality)                                                                        
        o Transportation costs of $7/bbl                                                                                        
        o Upstream costs twice as high as oil project                                                                           
          $36/bbl                                                                                                               
                                                                                                                                
Mr. Ruggiero Slide 30: "Heavy oil and Alaska Tax"                                                                               
                                                                                                                                
                                                                                                                                
     of the Alaska tax in two cases:                                                                                            
        o Project ringfence                                                                                                     
        o North Slope-wide ringfence as allowed under                                                                           
          Production Tax Law                                                                                                    
                                                                                                                                
     Heavy Oil developments                                                                                                     
                                                                                                                                
Mr. Ruggiero noted Slide 31: "Stand  Alone-Project Ringfence"                                                                   
                                                                                                                                
                                                                                                                                
     regimes, existing oil tax rate would be 30 % and heavy                                                                     
     oil would be 25%                                                                                                           
                                                                                                                                
     blended portfolio                                                                                                          
                                                                                                                                
Mr. Ruggiero Slide 32: "North Slope-wide Ringfence."                                                                            
                                                                                                                                
                                                                                                                                
     portfolio, the heavy oil project will effectively be                                                                       
     taxed at 5% instead of 25%.                                                                                                
                                                                                                                                
     oil prices.                                                                                                                
                                                                                                                                
Co-Chair Stedman asked  about the cost on the  $30 dollar per                                                                   
barrel incremental  cost. He asked  for an example  using $50                                                                   
per barrel.                                                                                                                     
                                                                                                                                
10:21:26 AM                                                                                                                   
                                                                                                                                
Mr. Ruggiero  described  Slide 33: "Heavy  Oil Effective  Tax                                                                   
Rates." Co-Chair Stedman clarified  that he was interested in                                                                   
production cost. Mr. Ruggiero  answered that he would run the                                                                   
production  cost for  Co-Chair Stedman  and provide  it at  a                                                                   
later date.                                                                                                                     
                                                                                                                                
Mr. Ruggiero noted Slide 33: "Heavy  Oil Effective Tax Rates"                                                                   
The  blue  line  represents  the production  tax  rate  if  a                                                                   
standalone tax rate. The green  line represents the effective                                                                   
Alaska tax rate-heavy oil.                                                                                                      
                                                                                                                                
Co-Chair  Stedman asked  about the  theoretical analysis  and                                                                   
modeling  for  Prudhoe  Bay  and  Kuparuk  on  heavy  oil  to                                                                   
determine  whether  the  state  is  receiving  an  encouraged                                                                   
response  from the industry.  Mr. Ruggiero  replied that  the                                                                   
first thing to observe is the  heavy oil project, the size of                                                                   
the project, timing and the rate  plugged into the formula to                                                                   
show the  effect of the  tax rate over  the full life  of the                                                                   
project rather than a one year snapshot.                                                                                        
                                                                                                                                
Co-Chair Stedman  reminded that one  of the state's  goals is                                                                   
to get to heavy oil. Mr. Ruggiero agreed.                                                                                       
                                                                                                                                
10:24:48 AM                                                                                                                   
                                                                                                                                
Mr. Ruggiero detailed Slide 35: "Selection of Benchmarks"                                                                       
                                                                                                                                
                                                                                                                                
      are investing                                                                                                             
                                                                                                                                
         o Production Sharing Contract, Royalty, Technical                                                                      
           Services Contract, Special Taxes                                                                                     
                                                                                                                                
         o US, South America, Europe, Africa, Middle East,                                                                      
           Asia Pacific                                                                                                         
                                                                                                                                
Mr. Ruggiero noted Slide 37: "GCA Analysis Assumptions"                                                                         
                                                                                                                                
       Revenue forecasts (no gas pipeline case)                                                                                 
         o 4.4 billion barrels of oil produced                                                                                  
         o $23/bbl Capex + Opex + Tariffs (non indexed)                                                                         
                                                                                                                                
         o Inclusive of all nuances that are part of a                                                                          
           particular regime including many ignored by                                                                          
           other regimes                                                                                                        
                                                                                                                                
                                                                                                                                
Co-Chair  Stedman asked  about  the map  shown  on Slide  36:                                                                   
"Benchmarks:   Selected   "hotspots."   He  noted   the   two                                                                   
successful  rounds  in  Iraq.   He  asked  if  the  countries                                                                   
highlighted  on the map  had experienced  failed rounds.  Mr.                                                                   
Ruggiero stated none that he was aware of.                                                                                      
                                                                                                                                
Senator  Thomas  asked  about   Norway  as  a  hot  spot.  He                                                                   
remembered  that  Norway  was  considered one  of  the  worst                                                                   
places  based  on  their  tax  structure.  He  asked  if  the                                                                   
government take  in Norway had  changed. Mr. Ruggiero  stated                                                                   
that nothing has changed in Norway.                                                                                             
                                                                                                                                
Mr.  Ruggiero Slide  38  and the  "Remaining  NS oil  Profile                                                                   
Total  Government  Take" The  graph  uses a  remaining  North                                                                   
Slope profile.  The Alaska take ranges from  approximately 67                                                                   
to 77  percent as  the overall  state and  federal take.  The                                                                   
graph illustrates  other  countries that  fall into  the same                                                                   
category as  Alaska. The government  take in Iraq  is between                                                                   
98 and 99 percent.  In Norway the government  take is between                                                                   
78 and 88 percent.                                                                                                              
                                                                                                                                
Co-Chair  Stedman asked  about  the Gulf  of  Mexico and  the                                                                   
discussion about  deep water as  it affects Alaska.  He asked                                                                   
how the  region can reach  47 to 49  percent. He  asked about                                                                   
the corporate income tax and federal  royalties. Mr. Ruggiero                                                                   
replied  that federal  royalties  and US  federal income  tax                                                                   
make up the 47 to 49 percent.                                                                                                   
                                                                                                                                
Co-Chair  Stedman  asked  about  differences  regarding  deep                                                                   
water Gulf of Mexico.                                                                                                           
                                                                                                                                
Mr. Ruggiero explained that the  fiscal terms were applied to                                                                   
the  North Slope.  The value  adjustments were  not made  for                                                                   
deep water, but  instead the same Alaska profile  was applied                                                                   
with the fiscal terms of the different regimes.                                                                                 
                                                                                                                                
10:30:46 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman asked if the  committee should pay attention                                                                   
to deep  water Gulf  of Mexico  due to  its high cost  factor                                                                   
relative to  the North Slope.  Mr. Ruggiero referenced  Slide                                                                   
39  and "Industry  Profit  NPV  10  (US$B)" He  provided  the                                                                   
comparison of the various nations and prices per barrel.                                                                        
                                                                                                                                
Mr.  Ruggiero  noted  that the  same  conclusion  is  reached                                                                   
regarding  government take.  Government  take is  competitive                                                                   
with the hydrocarbon prolific  areas. The government takes in                                                                   
recent  Iraq contracts  show very  low  producer Net  Present                                                                   
Value (NPV)  and may exist in  anticipation with what  can be                                                                   
done in the future following establishment.                                                                                     
                                                                                                                                
10:33:11 AM                                                                                                                   
                                                                                                                                
Mr.   Ruggiero  suggested   potential   important   questions                                                                   
regarding  the   data  presented.   He  selected   Slide  42:                                                                   
Government Take Studies.                                                                                                        
                                                                                                                                
                                                                                                                                
       requires knowing the basis on which comparisons are                                                                      
       being made:                                                                                                              
         o IRR or rate of return                                                                                                
         o NPV? Undiscounted? What discount rate?                                                                               
         o Marginal take at the absolute worse "spot" in the                                                                    
           fiscal regime or averaged across a range of                                                                          
           expected outcomes?                                                                                                   
         o Single fields or portfolios?                                                                                         
         o High rate oil developments versus extended plateau                                                                   
           gas developments?                                                                                                    
                                                                                                                                
                                                                                                                                
Mr. Ruggiero Slide described Slide 43: "Vintage"                                                                                
                                                                                                                                
                                                                                                                                
      of different vintage agreements.                                                                                          
        o Most of the older agreements are specific to the                                                                      
          field(s) being produced. A comparison to these                                                                        
          would be misleading and unfair.                                                                                       
        o Even if older agreements provide opportunity for                                                                      
          new exploration, the new projects may be                                                                              
          ringfenced.                                                                                                           
        o New investors can't receive the terms of the older                                                                    
          agreements.                                                                                                           
                                                                                                                                
      vintage agreement are they using?                                                                                         
                                                                                                                                
10:38:16 AM                                                                                                                   
                                                                                                                                
Mr. Ruggiero moved to Slide 47: "Which Gulf of Mexico (GOM)?                                                                    
                                                                                                                                
      and different government terms                                                                                            
        o Shallow water, paid for platforms, producing                                                                          
          fields from relatively low depths, low operating                                                                      
          cost    structure   and   relatively    inexpensive                                                                   
          transportation to market.                                                                                             
        o Recent deep water developments, new state-of-the-                                                                     
          art platforms, producing from deep horizons,                                                                          
          challenging technology, high cost to drill, high                                                                      
         cost to operate, long distance to market.                                                                              
        o Recent ultra deep drilling from the shallow water                                                                     
          shelf, middle range costs, close to shore and                                                                         
          market.                                                                                                               
                                                                                                                                
      royalty.                                                                                                                  
                                                                                                                                
Mr. Ruggiero detailed Slide 48: "At what Oil Price"                                                                             
                                                                                                                                
         o Progressive systems take the minimum                                                                                 
         o Regressive systems take a larger bite                                                                                
         o Comparison studies of the progressive Alaska tax                                                                     
           regime would cast Alaska in a better light                                                                           
                                                                                                                                
         o Progressive systems take a big bite                                                                                  
         o Regressive systems look favorable                                                                                    
         o Comparison studies of Alaska would cast Alaska in                                                                    
           a worse light                                                                                                        
                                                                                                                                
       reasonable range so that the workings of the fiscal                                                                      
       system can be adequately assessed.                                                                                       
                                                                                                                                
10:40:48 AM                                                                                                                   
                                                                                                                                
Mr. Ruggiero described Slide 49: "Does it include all                                                                           
Government Take"                                                                                                                
                                                                                                                                
                                                                                                                                
        o Even though these can vary from lease to lease,                                                                       
          are they included?                                                                                                    
        o Recent $1Bn bonuses paid in Angola                                                                                    
        o Sizeable bonuses paid in other regimes as well                                                                        
                                                                                                                                
        o Has the requirement to provide a portion of the                                                                       
          oil and gas to the local market with a discount                                                                       
          been taken into account?                                                                                              
                                                                                                                                
        o Has the government participation been included,                                                                       
          even if it is as a full paying equity partner?                                                                        
                                                                                                                                
Co-Chair  Stedman asked  if Angola  is  French speaking.  Mr.                                                                   
Ruggiero answered yes.                                                                                                          
                                                                                                                                
Co-Chair Stedman  asked for a  time reference for  the recent                                                                   
$1  billion bonus  round in  Algeria.  Mr. Ruggiero  answered                                                                   
2008.  Co-Chair  Stedman  asked  if  Angola  had  any  failed                                                                   
rounds. Mr. Ruggiero  stated that Angola did  not have failed                                                                   
rounds that he was aware of.                                                                                                    
                                                                                                                                
10:42:31 AM                                                                                                                   
                                                                                                                                
Mr.  Ruggiero addressed  Slide 50  and "Available  Investment                                                                   
Capital"                                                                                                                        
                                                                                                                                
                                                                                                                                
         o Mandatory-loss of license if they don't                                                                              
         o Should-monetary penalties/loss of production if                                                                      
           they don't                                                                                                           
         o Discretionary                                                                                                        
                                                                                                                                
      fallen and  global economy is in a recession.  How much                                                                   
      of the lack of new discretionary  spending in Alaska is                                                                   
      because  the  "tax  is  too  high"  versus  significant                                                                   
      spending  being  directed  to the  top  two  categories                                                                   
      above.                                                                                                                    
                                                                                                                                
Mr. Ruggiero discussed Slide 51: "Wrap Up"                                                                                      
                                                                                                                                
                                                                                                                                
      before you draw conclusions                                                                                               
                                                                                                                                
      signature bonuses are often left out.                                                                                     
                                                                                                                                
      and capital credits in balancing differences between                                                                      
      Alaska and other regimes that may lack these, but have                                                                    
      lower government take.                                                                                                    
                                                                                                                                
      hydrocarbon prolific areas.                                                                                               
                                                                                                                                
10:45:52 AM                                                                                                                   
                                                                                                                                
Senator Ellis  noted surprise  about Alaska's  representation                                                                   
as a "hot spot."  Mr. Ruggiero explained that  Alaska was not                                                                   
technically placed  on the hotspot  list. Alaska  was instead                                                                   
compared to countries on the "hot  spot" list. Annual reports                                                                   
including  investor   relation  presentations,  led   to  the                                                                   
decision about which countries were on the list.                                                                                
                                                                                                                                
Senator  Thomas referred  to Slide  38 and  the reference  to                                                                   
Gulf  of Mexico.  He asked  if the  reference included  "deep                                                                   
water." Mr.  Ruggiero replied  that an  average of  the three                                                                   
gulfs was used.                                                                                                                 
                                                                                                                                
Senator  Thomas asked  about the situation  for Alaska's  tax                                                                   
regime and  government take if  the range was $2-6  a barrel.                                                                   
Mr.  Ruggiero  asked  if  Senator  Thomas  was  referring  to                                                                   
government  take.   Senator  Thomas   answered  yes;   he  is                                                                   
interested  in government take  when oil  is running  $75 per                                                                   
barrel. Co-Chair Stedman responded $500 million.                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:50 AM.                                                                                          

Document Name Date/Time Subjects
2010 02 22 DOR Effect of Key Tax Components on Gov. Take and Tax Rates SFC.pdf SFIN 2/22/2010 9:00:00 AM
2010 02 22 DOR Global Systems Gaffney Cline International Benchmark SFC.pdf SFIN 2/22/2010 9:00:00 AM
Oil and Gas Production Tax Review