Legislature(2011 - 2012)SENATE FINANCE 532

01/25/2011 09:00 AM Senate FINANCE


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08:59:52 AM Start
09:00:00 AM Overview of Fall 2010 Revenue Forecast
10:42:36 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Dept of Revenue, Commissioner Bryan Butcher TELECONFERENCED
FY12 Revenue Forecast
                 SENATE FINANCE COMMITTEE                                                                                       
                     January 25, 2011                                                                                           
                         8:59 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
8:59:52 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  Stedman   called  the  Senate   Finance  Committee                                                                    
meeting to order at 8:59 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire, Vice-Chair                                                                                               
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Doniece Gott, Senate Finance  Committee Aide; Bryan Butcher,                                                                    
Commissioner, Department of  Revenue; Bruce Tangeman, Deputy                                                                    
Commission,  Department of  Revenue;  Jerry Burnett,  Deputy                                                                    
Commissioner, Division  of Treasury, Department  of Revenue;                                                                    
Cherie   Nienhuis,   Petroleum  Economist,   Tax   Division,                                                                    
Department  of  Revenue;  Lennie  Dees,  Audit  Master,  Tax                                                                    
Division, Department of Revenue.                                                                                                
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Frank Molli,  Production Forecast Consultant,  Department of                                                                    
Revenue                                                                                                                         
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
Committee Introductions                                                                                                         
^Overview of Fall 2010 Revenue Forecast                                                                                         
                                                                                                                                
9:00:00 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  introduced   the  committee  members  and                                                                    
discussed  changes and  decorum  issues.  He introduced  his                                                                    
staff. Each committee member introduced their staff.                                                                            
                                                                                                                                
9:05:11 AM                                                                                                                    
                                                                                                                                
DONIECE GOTT, SENATE FINANCE  COMMITTEE AIDE, introduced her                                                                    
staff.                                                                                                                          
                                                                                                                                
9:08:02 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman   encouraged  committee  members   to  ask                                                                    
questions  during finance  committee  meetings. He  reminded                                                                    
the  committee that  the  committee  decorum rules  remained                                                                    
unchanged. He  discouraged newspapers, eating in  the Senate                                                                    
Finance  Committee  room  and communicating  by  cell  phone                                                                    
during Senate Finance Committee meetings.                                                                                       
                                                                                                                                
9:11:49 AM                                                                                                                    
                                                                                                                                
BRYAN   BUTCHER,   COMMISSIONER,  DEPARTMENT   OF   REVENUE,                                                                    
introduced himself.                                                                                                             
                                                                                                                                
BRUCE TANGEMAN, DEPUTY  COMMISSIONER, DEPARTMENT OF REVENUE,                                                                    
introduced himself.                                                                                                             
                                                                                                                                
Co-Chair Stedman asked about the  memoriam in the "Fall 2010                                                                    
Revenue Sources Book" (copy on file).                                                                                           
                                                                                                                                
JERRY  BURNETT, DEPUTY  COMMISSIONER, DIVISION  OF TREASURY,                                                                    
DEPARTMENT OF REVENUE, commented  on the memoriam for George                                                                    
Rogers who  passed away last October  at the age of  93. Mr.                                                                    
Rogers helped  create the revenue  system for  the territory                                                                    
of Alaska and  was instrumental in the  implementation of an                                                                    
income tax, sales tax and business license tax.                                                                                 
                                                                                                                                
Co-Chair Stedman  added that  George Rogers  was one  of the                                                                    
founding fathers of the financial system in Alaska.                                                                             
                                                                                                                                
9:16:02 AM                                                                                                                    
                                                                                                                                
Commissioner Butcher  detailed the  PowerPoint presentation:                                                                    
"Overview of Fall 2010 Revenue Forecast" (copy on file).                                                                        
                                                                                                                                
Commissioner  Butcher   discussed  Slide  2,   "Outline  for                                                                    
Presentation":                                                                                                                  
                                                                                                                                
   • Fall 2010 Revenue Forecast for FY 2011 and 2012                                                                            
        • Revenue Classification Changes                                                                                        
        • Total Revenue                                                                                                         
        • Unrestricted Revenue                                                                                                  
        • Non-Oil Revenue                                                                                                       
   • 10-year plan Revenue/Spending Scenario                                                                                     
   • How Production Tax Is Calculated                                                                                           
        • FY 2010, 2011, 2012 - "Income statement" format                                                                       
   • Components of Production Tax Forecast                                                                                      
        • Oil Production Forecast                                                                                               
        • Oil Price Forecast                                                                                                    
        • Lease Expenditures Forecast/Oil Company Spending                                                                      
        • Tax Credits                                                                                                           
                                                                                                                                
Commissioner    Butcher   detailed    Slide   4,    "Revenue                                                                    
Classification Changes":                                                                                                        
                                                                                                                                
   • In response to Legislative Finance & OMB request, we                                                                       
     worked with these agencies to implement new categories                                                                     
     of revenue.                                                                                                                
   • In the past, 2 categories of revenue                                                                                       
        • Unrestricted Revenue                                                                                                  
        • Restricted Revenue                                                                                                    
   • Now, 4 categories of revenue                                                                                               
        • Unrestricted General Fund Revenue                                                                                     
        • Designated General Fund Revenue                                                                                       
        • Other              Restricted              Revenue                                                                    
          Formerly grouped as "restricted"                                                                                      
        • Federal Revenue                                                                                                       
   • Only a couple minor changes made to unrestricted                                                                           
     revenue                                                                                                                    
        • LPV Gambling Tax shown as unrestricted revenue                                                                        
        • Dividends    from     component    units    (state                                                                    
          corporations) shown as unrestricted revenue                                                                           
        • These changes ensure consistency between our                                                                          
          revenue forecast, and budget protocol                                                                                 
                                                                                                                                
9:19:43 AM                                                                                                                    
                                                                                                                                
Commissioner Butcher  addressed Slide  5, "FY  11 and  FY 12                                                                    
Total Revenue."  He explained  that the  breakdown exhibited                                                                    
oil revenue projected for the  current and next fiscal year.                                                                    
Other non-oil  revenue sources were also  listed. Investment                                                                    
revenue was  shown with a sub-total  of unrestricted general                                                                    
funds  estimated  to  be  available  at  approximately  $5.4                                                                    
billion for FY  11 and $5.7 billion for FY  12. The estimate                                                                    
for  the designated  general fund  revenue was  $281 million                                                                    
for FY  11 and  $282 million  for FY  12. He  continued with                                                                    
other  restricted  revenue  which  was broken  down  by  oil                                                                    
revenue, other sources, and  investment revenue. He finished                                                                    
with  federal  revenue  including $3.1  million  in  federal                                                                    
receipts in FY  11 and total state  revenue of approximately                                                                    
$3 billion for FY  11 and $3.3 for FY 12.  He added that the                                                                    
estimates   would   be  more   accurate   for   FY  11,   as                                                                    
FY 12 did not begin until July 1st, 2011.                                                                                       
                                                                                                                                
Commissioner Butcher  discussed Slide  6, "FY  11 and  FY 12                                                                    
General Fund  Unrestricted Revenue."  He commented  that the                                                                    
slide was broken down by  royalty, net of the permanent fund                                                                    
and  school  fund  followed  by  the  production  tax  which                                                                    
contributed  nearly half  of Alaska's  unrestricted revenue.                                                                    
He added the  corporate income tax and property  tax at half                                                                    
a billion  dollars. The subtotal  for all revenue  was $4.67                                                                    
billion for  the current fiscal  year and estimated to  be a                                                                    
little over  $5 billion for  FY 12. Non-oil  revenue equaled                                                                    
$697 million for FY 11 and $682 million for FY 12.                                                                              
                                                                                                                                
9:22:34 AM                                                                                                                    
                                                                                                                                
Commissioner Butcher  mentioned Slide  7, "FY  11 and  FY 12                                                                    
Unrestricted  Non-Oil Revenue  Detail."  He  noted that  the                                                                    
slide  detailed   the  top   five  non-oil   revenue  types,                                                                    
including corporate  income tax, mining,  insurance premium,                                                                    
tobacco,  motor  fuel,  and  other  taxes.  Investments  and                                                                    
charges   for   services,  fines,   forfeitures,   licenses,                                                                    
permits, and  other miscellaneous led to  an estimated total                                                                    
of $698 million for FY 11 and $683 million for FY 12.                                                                           
                                                                                                                                
Commissioner  Butcher discussed  Slide  9, "10-Year  Revenue                                                                    
and Spending." The  estimates were created with  the help of                                                                    
the  Office of  Management  and Budget  (OMB). The  estimate                                                                    
assumed the 2010  revenue forecast and takes in  a 3 percent                                                                    
escalation from  FY 12 out,  providing an  estimated surplus                                                                    
or shortfall for FY 11 through  FY 20. He explained that the                                                                    
projection estimated future oil prices and production.                                                                          
                                                                                                                                
Co-Chair  Stedman asked  about the  budget reserve  balances                                                                    
projecting  to   $27.6  billion   in  2020  and   about  the                                                                    
contributions of Medicare and  the unfunded liability, which                                                                    
were forecasted to exceed $1 billion per year in 2020.                                                                          
                                                                                                                                
Commissioner  Butcher suggested  that  Co-Chair Stedman  ask                                                                    
OMB.                                                                                                                            
                                                                                                                                
9:26:05 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman asked whether  the projection was a reserve                                                                    
balance of  approximately $27 billion.  Commissioner Butcher                                                                    
concurred.                                                                                                                      
                                                                                                                                
Co-Chair  Hoffman   asked  how  capital   expenditures  were                                                                    
displayed  in the  projected  surplus. Commissioner  Butcher                                                                    
did not have the details from OMB.                                                                                              
                                                                                                                                
9:27:11 AM                                                                                                                    
                                                                                                                                
Commissioner Butcher  provided details for Slide  11, "FY 10                                                                    
Production  Tax Calculation."  The  top  line exhibited  the                                                                    
per-barrel  price of  $74.90 for  FY 10  with the  number of                                                                    
barrels totaling  643,517, factoring  to the value  of $48.2                                                                    
million  per day.  He detailed  further calculations  on the                                                                    
slide  leading  to   $203,816,365  in  total  transportation                                                                    
costs. He noted the production tax value of $10,128,100.                                                                        
                                                                                                                                
Commissioner  Butcher mentioned  that  the income  statement                                                                    
format  was  developed  in  collaboration  with  the  Senate                                                                    
Finance Committee.  The format  presented an example  of how                                                                    
production  tax  was calculated  in  a  simple and  easy-to-                                                                    
understand  table.  Co-Chair  Stedman appreciated  the  high                                                                    
level synopsis and  the ease of the  production tax process,                                                                    
which would be expanded to include the midstream issues.                                                                        
                                                                                                                                
Commissioner  Butcher   agreed  about   the  straightforward                                                                    
nature of the system.                                                                                                           
                                                                                                                                
9:31:11 AM                                                                                                                    
                                                                                                                                
Commissioner Butcher  explained Slide 12, "FY  11 Production                                                                    
tax  Projected."  He  stated  that  the  table  provided  an                                                                    
estimate  only for  FY 11.  He  noted the  total tax  before                                                                    
credits  of $3  billion  and an  estimated  $400 million  in                                                                    
credits applied against the taxes  totaling to $2.6 billion.                                                                    
He repeated that the calculations provided best estimates.                                                                      
                                                                                                                                
Co-Chair Stedman  asked about the  similarities seen  on the                                                                    
lease expenditures.  He asked  whether the  numbers provided                                                                    
presented  a coincidence.  Commissioner  Butcher offered  to                                                                    
provide the information in the near future.                                                                                     
                                                                                                                                
Co-Chair  Hoffman asked  about the  pipeline's shutdown  and                                                                    
how  the  projections  would be  affected.  He  asked  about                                                                    
listed  expenditures  that portrayed  the  cost  of the  new                                                                    
piping.                                                                                                                         
                                                                                                                                
Commissioner Butcher responded that  the shutdown costs were                                                                    
not  listed as  the  numbers were  compiled  months ago.  He                                                                    
estimated that the shutdown cost the state $100 million.                                                                        
                                                                                                                                
9:34:34 AM                                                                                                                    
                                                                                                                                
CHERIE   NIENHUIS,   PETROLEUM  ECONOMIST,   TAX   DIVISION,                                                                    
DEPARTMENT OF REVENUE, commented that  the leak would not be                                                                    
deducted from  taxes. The production  tax statutes  did have                                                                    
exemptions  for deductable  lease expenditures,  which would                                                                    
likely  fit   into  the  exemptions.  The   exemptions  were                                                                    
described  in 43.55.165  (e), which  stated that  the losses                                                                    
were  not eligible  for a  deduction against  the production                                                                    
tax when a shutdown was due to an unplanned event.                                                                              
                                                                                                                                
Co-Chair Stedman  wondered whether the repair  was available                                                                    
for the capital credit. He  did not believe so. Ms. Nienhuis                                                                    
agreed  and stated  that the  expenditure was  considered an                                                                    
unplanned   disruption  leading   it  to   fit  within   the                                                                    
exemption.                                                                                                                      
                                                                                                                                
Co-Chair Hoffman  argued that  the second  section exhibited                                                                    
downstream  transportation costs.  He  wondered whether  the                                                                    
costs   related  to   capital  expenditures.   Ms.  Nienhuis                                                                    
responded that the downstream deduction  was the result of a                                                                    
tariff and therefore not eligible for upstream deduction.                                                                       
                                                                                                                                
Commissioner Butcher  discussed Slide 13, "FY  12 Production                                                                    
Tax Projected."  He noted the  income statement  approach to                                                                    
the  best  estimates  for  the  FY  12  production  tax.  He                                                                    
mentioned   that  the   credits  applied   after  taxes   of                                                                    
approximately  $400  million,  which   would  rise  to  $450                                                                    
million in FY 12.                                                                                                               
                                                                                                                                
Co-Chair  Stedman  asked  for  a  breakdown  of  the  credit                                                                    
estimate.                                                                                                                       
                                                                                                                                
9:38:15 AM                                                                                                                    
                                                                                                                                
Commissioner  Butcher  discussed  Slide 14,  "Components  of                                                                    
Production Tax Calculation":                                                                                                    
                                                                                                                                
     · Production                                                                                                               
     · Price                                                                                                                    
     · Lease Expenditures                                                                                                       
     · Tax Credits                                                                                                              
                                                                                                                                
9:38:52 AM                                                                                                                    
                                                                                                                                
Commissioner Butcher discussed Slide 16, "Three Categories                                                                      
of Forecasted Production":                                                                                                      
                                                                                                                                
     1) Currently under Development- New projects that are                                                                    
        currently funded or awaiting project sanction in                                                                        
        near future.                                                                                                            
     2) Currently Producing- Includes base production and                                                                     
        enhanced recovery production from investment in rate                                                                    
        enhancing activities (perforations, stimulations,                                                                       
        well workovers, gas and water injection support).                                                                       
                                                                                                                                
Commissioner Butcher discussed Slide 17, "Three Categories                                                                      
of Forecasted Production":                                                                                                      
                                                                                                                                
     Currently   Under   Evaluation-  Includes   technically                                                                  
     viable projects  in the stage where  engineering, cost,                                                                    
     risk   and  reward   are   being  actively   evaluated.                                                                    
     Unfunded but  are considered to  have a high  chance of                                                                    
     being brought to fruition.                                                                                                 
                                                                                                                                
Co-Chair Stedman expressed confidence in the commissioner.                                                                      
                                                                                                                                
Senator Egan asked where the Liberty field would fall in                                                                        
the graph.                                                                                                                      
                                                                                                                                
9:41:13 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman offered to receive the information later.                                                                      
                                                                                                                                
Commissioner Butcher discussed Slide 18, "Factors That                                                                          
Affect Production Forecasting":                                                                                                 
                                                                                                                                
     1. GEOLOGY                                                                                                                 
          • Rock type and formation characteristics                                                                             
          • Depth, thickness, pressure                                                                                          
          • Oil & gas characteristics (oil gravity,                                                                             
             viscosity, water content, etc.)                                                                                    
     2. DEVELOPMENT PLAN                                                                                                        
          • Well density and development rate                                                                                   
          • Well bore size and completion technique                                                                             
          • Artificial lift and enhanced oil recovery                                                                           
          • Facilities & surface operations                                                                                     
     3. COMMERCIAL                                                                                                              
          • Project economics                                                                                                   
          • Oil price and market conditions                                                                                     
          • Government Policy: access, regulation, taxation                                                                     
     4. PRODUCTION PROFILE                                                                                                      
          • History, stage of depletion                                                                                         
          • Use production profile to extrapolate trends                                                                        
     5. TIMING!                                                                                                                 
                                                                                                                                
Commissioner  Butcher   detailed  Slide  19,   "North  Slope                                                                    
Production Decline":                                                                                                            
                                                                                                                                
     FY 1988: production peak = 2.01 million barrels per                                                                        
     day (bpd).                                                                                                                 
                                                                                                                                
     FY 2010: production = 644,000 bpd, a 68 percent                                                                            
     decline since peak.                                                                                                        
                                                                                                                                
     FY 1988 to date: production decline rate ~ 5 percent                                                                       
     per year, on average.                                                                                                      
                                                                                                                                
     Over the last 10 years, production decline rate ` 4.2                                                                      
     percent per year, on average.                                                                                              
                                                                                                                                
     We expect the decline rate to flatten out to 3.2                                                                           
     percent per year, on average, through FY 2030.                                                                             
                                                                                                                                
Co-Chair Stedman requested an  estimate of production curves                                                                    
for an average oil field.                                                                                                       
                                                                                                                                
9:44:09 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  asked when flattening of  the decline rate                                                                    
was  predicted. He  asked whether  the  flattening began  in                                                                    
2012. Commissioner Butcher responded in the affirmative.                                                                        
                                                                                                                                
Commissioner  Butcher discussed  Slide  20, "ANS  Production                                                                    
History and Forecast." He pointed  out the slow decline over                                                                    
the latter half of the  1990s. He noted the expectations for                                                                    
the flattening out over the next decade.                                                                                        
                                                                                                                                
Mr.  Tangeman added  that the  graph  provided an  excellent                                                                    
example of the flattening out  that would occur when a newer                                                                    
field came online.                                                                                                              
                                                                                                                                
Commissioner Butcher commented on  Slide 21, "Forecasted ANS                                                                    
Production FY  2010-2020." He  stated that  the department's                                                                    
numbers  were  accurate  regarding the  currently  producing                                                                    
(shaded)   section;   the   under-development   and   under-                                                                    
evaluation sections were purely speculation.                                                                                    
                                                                                                                                
Co-Chair Hoffman  asked whether  the projections  were under                                                                    
the current tax structure. Commissioner Butcher concurred.                                                                      
                                                                                                                                
9:47:09 AM                                                                                                                    
                                                                                                                                
Commissioner Butcher  commented on Slide 22,  "Conclusion on                                                                    
Production":                                                                                                                    
                                                                                                                                
     • Production forecasting requires consideration of                                                                         
        each   project's    geology,   development    plans,                                                                    
        commerciality, production profiles, decline curves                                                                      
        and timing.                                                                                                             
     • Department uses extensive well and field specific                                                                        
       data acquired from producers, AOGCC, and DNR                                                                             
     • New field development is very important in                                                                               
        mitigating decline rates.                                                                                               
                                                                                                                                
Senator Thomas wondered whether  the addition of the Liberty                                                                    
field  was  calculated in  the  predicted  reduction in  the                                                                    
decline  rate.  He  asked for  more  information  about  the                                                                    
specific  oil   fields.  Commissioner  Butcher   agreed.  He                                                                    
deferred   to    the   department's    production   forecast                                                                    
consultant.                                                                                                                     
                                                                                                                                
9:48:39 AM                                                                                                                    
                                                                                                                                
FRANK MOLLI,  PRODUCTION FORECAST CONSULTANT,  DEPARTMENT OF                                                                    
REVENUE,  responded  that  the   2015  aggregate  would  add                                                                    
production of 100,000 barrels of oil.                                                                                           
                                                                                                                                
Co-Chair  Stedman  asked  about  new oil  fields  and  their                                                                    
impact.  He  also  asked about  the  classification  of  the                                                                    
Liberty field.                                                                                                                  
                                                                                                                                
Mr. Molli  responded that Liberty  was classified  as "under                                                                    
development" and  was anticipated  to come on  production in                                                                    
2012.  The  Nikiachuk  field  was  anticipated  to  come  on                                                                    
production in  2011. Alpine West  would begin  production in                                                                    
2014.   Production  was   anticipated   from  the   National                                                                    
Petroleum Reserve-Alaska (NPR-A) in  2015. Taken together in                                                                    
aggregate,  the fields  would add  additional production  of                                                                    
over 100,000 barrels of oil per day.                                                                                            
                                                                                                                                
Co-Chair  Stedman  asked Mr.  Molli  how  long he  had  been                                                                    
employed as a production-forecast  consultant for the state.                                                                    
Mr. Molli  responded that  the current  year was  his second                                                                    
year of providing the fall forecast for Alaska.                                                                                 
                                                                                                                                
Commissioner  Butcher added  that  pages 98  and  99 of  the                                                                    
Revenue  Resources  Book  provided  a history  of  the  past                                                                    
decade  for  the  various fields  including  production  and                                                                    
department forecasts.                                                                                                           
                                                                                                                                
Senator  Thomas asked  whether  British  Petroleum (BP)  had                                                                    
"pulled  the   plug"  on  the   Liberty  field.   Mr.  Molli                                                                    
understood that the process had only been delayed.                                                                              
                                                                                                                                
9:51:32 AM                                                                                                                    
                                                                                                                                
Commissioner  Butcher introduced  Slide 23,  "Fall 2010  Oil                                                                    
Price Forecast."                                                                                                                
                                                                                                                                
Commissioner  Butcher discussed  Slide  24, "Price  Forecast                                                                    
Methodology":                                                                                                                   
                                                                                                                                
   • FY 2011- 2015: Average of participant forecasts from                                                                       
     Price Forecasting Session, and other sources                                                                               
   • 27 Participants from DOR, DNR, DOL, OMB, University,                                                                       
     Legislative Finance and outside participants                                                                               
   • Presentations: supply, demand, geopolitics, financial                                                                      
     markets, outside expert forecasts, etc.                                                                                    
   • Forecasting Session outcome blended equally with                                                                           
    NYMEX, EIA, and analysts to derive price forecast.                                                                          
  • Beyond FY 2015: Constant real price, 2.75% inflation                                                                        
                                                                                                                                
Commissioner Butcher  noted that  the forecast  was compiled                                                                    
using  information from  multiple sources.  The average  was                                                                    
then calculated for FY 11 through FY 15.                                                                                        
                                                                                                                                
Co-Chair Stedman wanted the projections  to include the high                                                                    
and the  low trends  to aid  the committee  in understanding                                                                    
the  risk associated  with the  individual  price or  volume                                                                    
forecast.                                                                                                                       
                                                                                                                                
9:54:04 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman   asked  about  the   department's  vacant                                                                    
economist position. Commissioner  Butcher responded that the                                                                    
chief  economist  and  assistant  economist  positions  were                                                                    
vacant. He  stressed that the department  endeavored to fill                                                                    
the  positions. He  stated that  the  department posted  the                                                                    
jobs multiple times and had  not yet succeeded in hiring the                                                                    
right people.                                                                                                                   
                                                                                                                                
Co-Chair Stedman  expressed concern  and interest  on behalf                                                                    
of  the  Senate   Finance  Committee.  Commissioner  Butcher                                                                    
understood and agreed.                                                                                                          
                                                                                                                                
Commissioner   Butcher  commented   on   Slide  25,   "Price                                                                    
Forecasts as of October 2010."                                                                                                  
                                                                                                                                
Commissioner Butcher  detailed Slide 26, "Fall  2010 DOR Oil                                                                    
Price   Forecast."   The   department  was   reviewing   the                                                                    
relationship  between  West  Texas  Intermediate  (WTI)  and                                                                    
Alaska North  Slope (ANS). He  explained that  the estimates                                                                    
provided would be reviewed and adjusted.                                                                                        
                                                                                                                                
9:57:18 AM                                                                                                                    
                                                                                                                                
Commissioner Butcher  discussed Slide  27, "Fall  2010 Lease                                                                    
Expenditure Forecast (Oil Company Spending)."                                                                                   
                                                                                                                                
Commissioner    Butcher   discussed    Slide   28,    "Lease                                                                    
Expenditures (Costs)":                                                                                                          
                                                                                                                                
   • FY 2007 - FY 2010 lease expenditures based on                                                                              
     unaudited company reported expenditure estimates                                                                           
     submitted on production tax monthly forms and annual                                                                       
     returns                                                                                                                    
   • FY 2011 - FY 2012 lease expenditure forecasts were                                                                         
     compiled from company submitted information                                                                                
   • Under   ACES,   DOR   requests   expenditure   forecast                                                                    
     estimates and other documentation from oil companies                                                                       
   • Longer term spending - particularly capital investment                                                                     
     - is highly uncertain                                                                                                      
                                                                                                                                
Co-Chair Stedman  asked for further information  about lease                                                                    
expenditures.  Ms. Nienhuis  responded  that the  department                                                                    
requested  that  the operators  across  the  North Slope  be                                                                    
limited to those shared with other witnesses.                                                                                   
                                                                                                                                
Co-Chair  Stedman asked  whether the  committee should  work                                                                    
with the provided data. Ms.  Nienhuis answered that the data                                                                    
was currently adequate for the department.                                                                                      
                                                                                                                                
Co-Chair Stedman stated that the  committee would review the                                                                    
past capital and operating expenditures  with as much detail                                                                    
as possible.                                                                                                                    
                                                                                                                                
10:00:19 AM                                                                                                                   
                                                                                                                                
Commissioner  Butcher responded  that the  provisions passed                                                                    
under   Alaska  Clear   and  Equitable   Share  (ACES)   had                                                                    
significantly  improved understanding  of oil  company costs                                                                    
and investment.                                                                                                                 
                                                                                                                                
Commissioner    Butcher   discussed    Slide   29,    "Lease                                                                    
Expenditures  (Costs)." He  commented  on  the graph,  which                                                                    
compared  the  previous  four   fiscal  years  of  operating                                                                    
expenditures  (OPEX)   and  capital   expenditures  (CAPEX),                                                                    
including DOR  estimates of the  current fiscal year  and FY                                                                    
12.                                                                                                                             
                                                                                                                                
Co-Chair  Stedman  requested  elaboration  of  the  standard                                                                    
deduction   through  the   end   of   calendar  year   2009.                                                                    
Commissioner Butcher  noted that  the increase was  a result                                                                    
of the elimination of the standard deduction.                                                                                   
                                                                                                                                
Co-Chair  Stedman   requested  information   presenting  the                                                                    
expenditures  on  a  cash-flow basis.  Commissioner  Butcher                                                                    
concurred.                                                                                                                      
                                                                                                                                
10:03:21 AM                                                                                                                   
                                                                                                                                
Commissioner  Butcher   continued  with  Slide   30,  "Lease                                                                    
Expenditures per Barrel."                                                                                                       
                                                                                                                                
Co-Chair Stedman  asked whether  the CAPEX and  OPEX numbers                                                                    
addressed  the royalty  issue. He  requested removal  of the                                                                    
distortions.  He asked  about the  capital expenditures  and                                                                    
the  forecast of  an increase  of approximately  $4 million.                                                                    
Commissioner Butcher  responded that the department  had not                                                                    
had  an opportunity  to  audit the  most  recent years;  the                                                                    
information was currently unavailable.                                                                                          
                                                                                                                                
Ms.  Nienhuis   added  that   the  department   had  limited                                                                    
information about  the level  of detail  requested, although                                                                    
she did possess expenditures by unit.                                                                                           
                                                                                                                                
Co-Chair Stedman asked about the  $0.30 exclusion per barrel                                                                    
added during the original Petroleum  Production Tax (PPT) to                                                                    
insulate the state  from normal maintenance on  an older oil                                                                    
basin.   Industry  argued   that  there   were  no   capital                                                                    
investments, yet a bill to  the treasury of $2.9 billion for                                                                    
capital expenditures existed.                                                                                                   
                                                                                                                                
Commissioner  Butcher  offered   to  provide  the  requested                                                                    
information. He  pointed out  that the  industry information                                                                    
had been difficult to separate from existing expenditures.                                                                      
                                                                                                                                
Co-Chair  Stedman  asked  about  the increase  in  costs  in                                                                    
addressing the  corroded pipes along  with the  labor issues                                                                    
dealing with  Point Thompson. He  expressed interest  in the                                                                    
Prudhoe, Kuparuk, and Alpine fields as well.                                                                                    
                                                                                                                                
Ms. Nienhuis offered to provide expenditures by unit.                                                                           
                                                                                                                                
10:06:22 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  discussed the $0.30 exclusion  per barrel.                                                                    
He  stated that  $60 million  was very  different from  $2.9                                                                    
billion.  He  requested   clarification  regarding  industry                                                                    
capital investments.                                                                                                            
                                                                                                                                
Commissioner   Butcher  offered   to   provide  a   detailed                                                                    
breakdown  of the  requested  information. Co-Chair  Stedman                                                                    
requested consideration  for the increase in  cost regarding                                                                    
the  issue  of corroded  pipes  in  addition to  information                                                                    
regarding the Prudhoe, Kuparuk, and Alpine fields.                                                                              
                                                                                                                                
10:09:01 AM                                                                                                                   
                                                                                                                                
Commissioner   Butcher  continued   with   Slide  31,   "Tax                                                                    
Credits."                                                                                                                       
                                                                                                                                
Department of  Revenue continued with Slide  32, "Production                                                                    
Tax Credits":                                                                                                                   
                                                                                                                                
     • Qualified Capital Expenditure Credit - 20% credit                                                                        
        for qualified capital expenditures (40% for well                                                                        
        lease expenditures outside North Slope).                                                                                
     • Carried-Forward Annual Loss Credit -25% credit for                                                                       
        carried-forward annual loss.                                                                                            
     • Small Producer / New Area Development Credit - Up to                                                                     
        $12 million / year for small producers and up to $6                                                                     
        million / year for production outside North Slope                                                                       
        and Cook Inlet.                                                                                                         
     • Alternative Credit for Exploration - 30% or 40% of                                                                       
        eligible   exploration   expenditures   if   certain                                                                    
        criteria are met.                                                                                                       
     • Cook Inlet Jack-Up Rig Credit - 80% to 100% credit                                                                       
        for first three exploration wells drilled using                                                                         
        jack-up rig in Cook Inlet.                                                                                              
     • Chapter 3 of Fall 2010 Revenue Sources Book provides                                                                     
        detailed information about these and other tax                                                                          
        credits                                                                                                                 
                                                                                                                                
Co-Chair Stedman appreciated the  department's report on tax                                                                    
credits.   He  stated   that  the   committee  would   spend                                                                    
substantial time on the tax-credit issue.                                                                                       
                                                                                                                                
Commissioner  Butcher discussed  Slide  33, "Production  tax                                                                    
Credits  Reported."  He  stated  that  the  graph  displayed                                                                    
calendar  years 2008  and 2009  and the  credits claimed  by                                                                    
companies  used against  tax liability,  as well  as credits                                                                    
refunded to companies with no offsetting tax liability.                                                                         
                                                                                                                                
10:12:08 AM                                                                                                                   
                                                                                                                                
LENNIE  DEES,  AUDIT  MASTER, TAX  DIVISION,  DEPARTMENT  OF                                                                    
REVENUE,  introduced himself  and explained  that his  staff                                                                    
received the credit applications  from the various explorers                                                                    
and producers. His team maintained  a database of the credit                                                                    
activity and  provided the assessment of  the producer's tax                                                                    
filings. He commented  on Slide 32 and  the various credits,                                                                    
including  the  qualified  capital  expenditure  credit.  He                                                                    
discussed the small producer/new area development credit.                                                                       
                                                                                                                                
Mr. Dees  discussed the alternative credit  for exploration,                                                                    
which  granted  30 to  40  percent  credit for  expenditures                                                                    
incurred  while  drilling  exploration wells.  He  mentioned                                                                    
that the credits provided  information about new exploration                                                                    
in the state.                                                                                                                   
                                                                                                                                
10:16:05 AM                                                                                                                   
                                                                                                                                
Mr. Dees  discussed the new  Cook Inlet jack-up  rig credit.                                                                    
He pointed out the chapter  about tax credits in the Revenue                                                                    
Sources Book.                                                                                                                   
                                                                                                                                
Mr.  Dees explained  that he  was able  to provide  past and                                                                    
current information  about the tax credits,  but projections                                                                    
were not his area of expertise.                                                                                                 
                                                                                                                                
Co-Chair Stedman  asked the impact  of the FY 12  budget and                                                                    
the qualified capital expenditure  credit, AS 43.55.023 (a).                                                                    
Mr. Dees explained that the credit  was taken off the top of                                                                    
the tax  liability. The  credit included  20 percent  of the                                                                    
qualified  capital  expenditures   incurred  each  year.  He                                                                    
clarified  that  normal  capital activities  were  included,                                                                    
such   as  drilling,   facility   upgrades,  and   equipment                                                                    
purchases.  He added  that the  purpose  of the  expenditure                                                                    
determined whether the deduction was allowable.                                                                                 
                                                                                                                                
10:19:44 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman asked  for additional information regarding                                                                    
the  qualified  capital   expenditure  credit.  Commissioner                                                                    
Butcher  pointed out  that Page  23 of  the Revenue  Sources                                                                    
Book included a breakdown of the  tax credits in each of the                                                                    
categories.                                                                                                                     
                                                                                                                                
Co-Chair Stedman asked about  the credit expectation against                                                                    
the treasury  for the  qualified capital  expenditure credit                                                                    
as well as the other credits.                                                                                                   
                                                                                                                                
Mr. Dees responded that the  phase of development determined                                                                    
the application  of capital  credits against  tax liability.                                                                    
Development or  exploration stages  were applied for  in the                                                                    
form   of   transferable   tax   credit   certificates.   He                                                                    
recommended  looking at  the  tax  payers accomplishing  the                                                                    
exploration.                                                                                                                    
                                                                                                                                
10:22:03 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman pointed  out that there was  an interest in                                                                    
the forecast of $450 million for  FY 12 and $400 million for                                                                    
FY  11.  He asked  about  the  breakdown of  the  forecasted                                                                    
amount  and  whether  the   amount  included  the  qualified                                                                    
capital expenditure credit.                                                                                                     
                                                                                                                                
Ms.   Nienhuis   stated   that  the   new   producers   were                                                                    
encountering  a more  profitable  margin,  allowing them  to                                                                    
take  tax credits  off  tax liability.  She  added that  the                                                                    
future would  provide more  information. She  explained that                                                                    
the  forecast  of  $450  million for  FY  12  exhibited  tax                                                                    
credits  taken   against  tax  liability.  She   noted  that                                                                    
calendar  year 2010  showed  approximately  $400 million  to                                                                    
$420 million taken against tax liability.                                                                                       
                                                                                                                                
Co-Chair  Stedman  assumed that  the  majority  of the  $450                                                                    
million was the result  of the qualified capital expenditure                                                                    
credit. Ms. Nienhuis concurred.                                                                                                 
                                                                                                                                
10:24:22 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman pointed  out  that  the qualified  capital                                                                    
expenditure  credit  included  40 percent  for  well-related                                                                    
expenses  outside  of  the  North  Slope.  He  asked  for  a                                                                    
breakdown  by fiscal  year  for 2008  through  2010 of  what                                                                    
amount was applied to the  20 percent versus the 40 percent.                                                                    
Mr. Dees answered that the  40 percent went into effect July                                                                    
1, 2010. He explained  the process of receiving applications                                                                    
for the new credits.                                                                                                            
                                                                                                                                
Co-Chair   Hoffman  asked   about   a   breakdown  for   the                                                                    
anticipated  split between  the two  percentages.   Mr. Dees                                                                    
stated  that he  did not  have the  requested breakdown.  He                                                                    
noted that the  majority of credits occurred  in Cook Inlet.                                                                    
He  believed  that very  little  of  the 40  percent  credit                                                                    
option would be seen in the numbers presented.                                                                                  
                                                                                                                                
10:26:17 AM                                                                                                                   
                                                                                                                                
Senator Olson asked about the  production tax credit and how                                                                    
the  state benefited  from  the program.  He  asked how  the                                                                    
success of  the program  was gauged.  He addressed  Slide 33                                                                    
and  the calendar  year production  tax  credits. He  opined                                                                    
that  the  percentage  seen  in  the  data  showing  credits                                                                    
refunded to  companies with no offsetting  tax liability had                                                                    
grown in 2009.  Mr. Dees responded that many  factors led to                                                                    
the  circumstances. He  pointed out  that with  the original                                                                    
ACES legislation, reinvestments of  the credit were required                                                                    
in  the 24  month period.  Currently, companies  could apply                                                                    
for the tax credit and then apply for the cash.                                                                                 
                                                                                                                                
Senator Olson  surmised that  ACES should  remain unchanged.                                                                    
Mr. Butcher replied that the  ACES period of time for audits                                                                    
was extended  to six  years, so DOR  was still  adjusting to                                                                    
the changes.                                                                                                                    
                                                                                                                                
10:30:54 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  commented on the forecast  of $2.9 billion                                                                    
in capital expenditures and $450 million in credits.                                                                            
                                                                                                                                
Co-Chair Stedman  requested help balancing  the expectations                                                                    
of capital  expenditures and  credits against  the treasury.                                                                    
Mr.  Butcher   clarified  that  the  request   was  for  the                                                                    
department's estimates on tax credits  for FY 12 compared to                                                                    
estimates on revenue.                                                                                                           
                                                                                                                                
Co-Chair Stedman stated that the  estimates shown on Page 36                                                                    
of the Revenue Sources Book  showed credits used against tax                                                                    
liability  at   $450  million  and  credits   for  potential                                                                    
purchase at  $400 million totaling $850  million in credits.                                                                    
He  requested help  understanding  the  credits against  the                                                                    
treasury. He  wondered about banking  of credits  that could                                                                    
affect  the treasury  in  the  future. Commissioner  Butcher                                                                    
offered to provide a breakdown of the credit estimates.                                                                         
                                                                                                                                
Mr.  Dees added  that the  banking of  credits did  not make                                                                    
sense to the explorer.                                                                                                          
                                                                                                                                
Co-Chair  Stedman  expressed  confusion  about  the  implied                                                                    
North Slope data  in the Revenue Sources  Book. Mr. Tangeman                                                                    
stated that  the forecasted  number of  $400 million  was an                                                                    
industry forecast.                                                                                                              
                                                                                                                                
Co-Chair  Stedman understood  that  the $400  million was  a                                                                    
forecast  from  the  industry to  the  department  regarding                                                                    
expected  applications.  Mr.  Dees  responded  that  credits                                                                    
could  be used  against  the tax  liability  or credits  for                                                                    
which   companies  applied   for  transferable   tax  credit                                                                    
certificates. The  $400 million figure represented  the best                                                                    
estimate  of those  companies that  were holding  tax credit                                                                    
certificates and would apply for  the cash during FY 12. The                                                                    
estimate  included carryovers  from  FY 11  and new  credits                                                                    
from FY 12.                                                                                                                     
                                                                                                                                
10:37:55 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman pointed  out  the impact  of credits  that                                                                    
might not appear because they  were collected or sold and in                                                                    
turn,  stimulated  the  industry.  He  understood  that  the                                                                    
impact of  the credit policy was  approximately $850 million                                                                    
for FY 12. Mr. Dees agreed.                                                                                                     
                                                                                                                                
Co-Chair  Stedman  reiterated   the  importance  of  looking                                                                    
beyond  the  tax process  in  the  specific departments.  He                                                                    
asked  why the  treasury  was impacted  by  $850 million  in                                                                    
credits   if   the    slope   was   experiencing   declining                                                                    
expenditures.  Mr.   Dees  responded  that   some  companies                                                                    
applied  for  credits in  the  previous  year, yet  had  not                                                                    
turned  them to  cash. He  informed the  committee that  the                                                                    
state did  have a  late balance  of transferable  tax credit                                                                    
certificates. The increase seen  from 2010 to 2011 reflected                                                                    
the  fact that  companies were  now able  to get  their cash                                                                    
payouts more quickly.                                                                                                           
                                                                                                                                
Co-Chair  Stedman  suggested  providing the  information  in                                                                    
fiscal  years  rather   than  calendar  years.  Commissioner                                                                    
Butcher  offered  to provide  a  credit  presentation for  a                                                                    
future meeting.                                                                                                                 
                                                                                                                                
10:42:36 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  suggested that  the information  be broken                                                                    
down for  calendar years 2010, 2011,  and 2012. Commissioner                                                                    
Butcher concurred.                                                                                                              
                                                                                                                                
Co-Chair Stedman offered to work  with the department on the                                                                    
presentation.                                                                                                                   
                                                                                                                                
Mr.  Butcher   thanked  the  committee,  and   stressed  the                                                                    
importance of understanding the topic.                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:44 AM.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
FinalDORSenFinPresentation_20110125.pdf SFIN 1/25/2011 9:00:00 AM
2011 02 08 DOR Resps to SenFin Ques 01 25.pdf SFIN 1/25/2011 9:00:00 AM
DOR Revenue Forecast Response 021011