Legislature(2007 - 2008)Anch LIO, Rm 220

06/25/2008 09:00 AM Senate JUDICIARY


Download Mp3. <- Right click and save file as

Audio Topic
09:06:17 AM Start
09:08:22 AM Agia Issues
10:19:22 AM In-state Demand and Agia's 500 Mmcf/d ‘competing Project' Limit
10:57:10 AM Agia Project Assurances - Treble Damages
10:57:50 AM In-state Demand and Agia's 500 Mmcf/d ‘competing Project' Limit
11:53:45 AM Agia Project Assurances - Treble Damages
12:13:37 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Meeting Time: 9am - 12pm TELECONFERENCED
AGIA Issues:
Instate Gas Demand and Use
Treble Damages
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         ANCHORAGE LIO                                                                                        
                         June 25, 2008                                                                                          
                           9:06 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Bill Wielechowski                                                                                                       
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire                                                                                                           
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Kim Elton                                                                                                               
Senator Tom Wagoner                                                                                                             
Representative Jay Ramras                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Lindsey Holmes                                                                                                   
Representative Mike Kelly - via teleconference                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
AGIA Issues                                                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DONALD M. BULLOCK JR., Attorney                                                                                                 
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
Juneau, AK                                                                                                                      
POSITION STATEMENT: Provided information related to treble                                                                    
damages provision in AGIA license.                                                                                              
                                                                                                                                
PATRICK GALVIN, Commissioner                                                                                                    
Department of Revenue                                                                                                           
Juneau, AK                                                                                                                      
POSITION STATEMENT: Delivered a PowerPoint presentation.                                                                      
                                                                                                                                
ANTONY SCOTT, PhD, Commercial Analyst                                                                                           
Division of Oil and Gas                                                                                                         
Department of Natural Resources                                                                                                 
Juneau, AK                                                                                                                      
POSITION STATEMENT: Delivered a PowerPoint presentation.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to order at 9:06:17  AM. Present at the call to                                                             
order  were  Senator  Huggins, Senator  Wielechowski,  and  Chair                                                               
French. Senator  Therriault arrived  soon thereafter  and Senator                                                               
McGuire  arrived   during  the  course  of   the  meeting.  Other                                                               
legislators  present  when  the hearing  began  included  Senator                                                               
Elton,  Representative Holmes,  and  Representative Coghill.  All                                                               
legislators had been invited to attend.                                                                                         
                                                                                                                                
                          ^AGIA ISSUES                                                                                      
                                                                                                                                
CHAIR FRENCH  said the  hearing today is  about in-state  gas and                                                               
treble  damages.   The  reason  for   the  hearing  is   that  as                                                               
legislators began  to explore the  AGIA license,  questions arose                                                               
about what  they could  and could  not do  with respect  to state                                                               
assistance for  in-state gas use.  Given that there won't  be any                                                               
gas flowing in the  big pipe for 10 years or  more, it seems very                                                               
important  to address  the  issue because  between  now and  then                                                               
there will be a great deal  of pressure exerted on legislators to                                                               
do something.  "And I believe  we should  do something as  far as                                                               
encouraging and implementing  the use of in-state  gas - probably                                                               
from the North Slope." He studied  the statute for some time this                                                               
morning  and he  wants to  hear  from legislative  legal and  the                                                               
administration  and then  ask Trans  Canada to  comment when  the                                                               
time comes.  That way  we'll find  out if we're  all on  the same                                                               
page, he said.                                                                                                                  
                                                                                                                                
CHAIR  FRENCH noted  that Representative  Ramras  had joined  the                                                               
hearing.                                                                                                                        
                                                                                                                                
9:08:22 AM                                                                                                                    
CHAIR FRENCH highlighted the documents before the committee:                                                                    
                                                                                                                                
  · Legal Services opinion dated June 24, 2008 by Mr. Bullock.                                                                  
   · Memorandum by Bonnie Harris and Lesa Weissler.                                                                             
   · Three opinions about treble damages and competing projects.                                                                
   · Legal opinion about the constitutionality of a lower tax                                                                   
     rate for in-state gas.                                                                                                     
                                                                                                                                
CHAIR FRENCH said he'd like Mr.  Bullock to walk through the memo                                                               
he prepared  on 6/24/08.  He's done excellent  work laying  out a                                                               
logical  and clear  analysis  of AS  43.94.40  and other  related                                                               
statutes, he added.                                                                                                             
                                                                                                                                
SENATOR Therriault joined the hearing.                                                                                          
                                                                                                                                
DON BULLOCK,  Attorney, Legislative Legal and  Research Services,                                                               
Legislative Affairs  Agency, explained  that his approach  was to                                                               
break the  statute down  into the elements  and comment  on each.                                                               
The statute  begs several questions.  The first asks how  big the                                                               
project  is and  the  second  asks what  the  state  is doing  to                                                               
provide inducements for the project.                                                                                            
                                                                                                                                
9:11:12 AM                                                                                                                    
MR. BULLOCK,  referring to his  memo, clarified that part  of the                                                               
text  that's not  in  the boxes  is the  statute  itself and  his                                                               
comments and other references are inside the boxes.                                                                             
                                                                                                                                
MR.  BULLOCK said  that the  first phrase,  "Except as  otherwise                                                               
provided  in this  chapter," refers  to whether  there are  other                                                               
exceptions to  the assurances in  the chapter. He said  he didn't                                                               
find  any. It  seems  that  the only  exceptions  are within  the                                                               
particular statutory section itself.                                                                                            
                                                                                                                                
The next phrase  says, "The state grants  the licensee assurances                                                               
that  the licensee  has exclusive  enjoyment  of the  inducements                                                               
provided   under  this   chapter  before   the  commencement   of                                                               
commercial operations." The  assurances are that this  is part of                                                               
the consideration  the state will  give in return for  a licensee                                                               
to come forward.  "It's saying that I'm marrying you  and I'm not                                                               
going to  give some of  the benefits  to the mistress  that comes                                                               
along." In AGIA  those assurances generally are  the $500 million                                                               
and the benefits of the  gasline coordinator. The commencement of                                                               
commercial  operations  is  the  key date  and  it's  defined  in                                                               
statute.  It means  the first  flow of  gas in  the project  that                                                               
generates  revenue   to  the  owners.  That's   key  because  the                                                               
prohibition  is  against  providing  benefits  before  the  other                                                               
pipeline  goes into  commercial operation.  The approach  is that                                                               
through AGIA  the state is  making a commitment to  the licensee.                                                               
As  will  be seen  later,  the  state  can continue  to  consider                                                               
permits and  other authorizations  for a competing  pipeline, but                                                               
the inducements can't  be the same so as to  encourage the second                                                               
project.                                                                                                                        
                                                                                                                                
9:13:09 AM                                                                                                                    
MR.  BULLOCK   said  the  next   phrase  says,  "If   before  the                                                               
commencement  of  commercial  operations, the  state  extends  to                                                               
another person preferential royalty  or tax treatment." He opined                                                               
that  this could  be broader  than just  gives the  treatment. In                                                               
other  words, if  the state  were to  advertize for  another AGIA                                                               
kind  of  license  for  an   in-state  pipeline,  could  that  be                                                               
interpreted as  extending the benefits to  another pipeline? It's                                                               
not  clear and  I don't  know,  he said.  Also, the  preferential                                                               
royalty or  tax treatment is  interesting because it goes  to the                                                               
producers that  commit during  the first  binding open  season to                                                               
the  licensee.  The  straightforward   reading  is  that  there's                                                               
preferential royalty  or tax treatment  that would be  offered to                                                               
producers in exchange for committing  to a new competing project.                                                               
But it could  also be read broadly enough that  the tax treatment                                                               
could go to  the pipeline owner because pipelines  are subject to                                                               
the oil  and gas property  tax. If there  were a tax  break under                                                               
the  property tax  to a  competing  gasline, that  also could  be                                                               
subject  to   interpretation  to   trigger  the   treble  damages                                                               
provision.                                                                                                                      
                                                                                                                                
9:15:11 AM                                                                                                                    
MR.  BULLOCK  said the  next  phrase  says,  "Or grant  of  state                                                               
money." Under AGIA  the state is offering  $500,000 as inducement                                                               
to the licensee. That phrase  isn't defined so there's a question                                                               
as to  how much  money the  state would have  to dedicate  to the                                                               
project. Also  there's an issue of  how much money would  be used                                                               
to study  the possible  development of  the project.  Overall, he                                                               
suggested  thinking of  the  damage provision  in  terms of  this                                                               
being a  contract the state  has entered into with  the licensee.                                                               
The state is offering $500,000  million for the consideration and                                                               
promises that it will be faithful to the licensee.                                                                              
                                                                                                                                
The  next  phrase  is  "For   the  purpose  of  facilitating  the                                                               
construction." Whatever  incentive or  inducement is  offered has                                                               
to   be  consistent   with  the   purpose  of   facilitating  the                                                               
construction.  He suggested  looking  at what  is  given and  the                                                               
purpose  behind  it. Determining  the  purpose  of an  inducement                                                               
presents  an interesting  burden of  proof issue  that he  hasn't                                                               
resolved in  his own mind. To  avoid the penalty the  state could                                                               
have the  burden of proving  that what  was given wasn't  for the                                                               
purpose  of  facilitating construction.  It  was  for some  other                                                               
purpose.  Alternatively,  to  be  entitled  to  the  penalty  the                                                               
licensee would  have the  burden of showing  that the  purpose of                                                               
whatever  the  state did  was  for  the purpose  of  facilitating                                                               
construction.  He said  he isn't  sure what  the outcome  of that                                                               
would be.                                                                                                                       
                                                                                                                                
9:17:02 AM                                                                                                                    
CHAIR FRENCH  noted that Representative  Bob Lynn had  joined the                                                               
hearing.                                                                                                                        
                                                                                                                                
REPRESENTATIVE RAMRAS  outlined the  various potential  needs for                                                               
in-state gas and asked if it  would trigger treble damages if the                                                               
Governor or  her representatives were to  go to FERC or  the U.S.                                                               
Department of  Energy to get  an expansion of the  state's export                                                               
license.                                                                                                                        
                                                                                                                                
CHAIR FRENCH noted that Senator McGuire had joined the hearing.                                                                 
                                                                                                                                
9:19:50 AM                                                                                                                    
MR.  BULLOCK  replied  it  relates to  a  competing  natural  gas                                                               
pipeline  project, which  is defined  as having  a throughput  of                                                               
more  than 500  MMcf/d of  North  Slope gas  and the  end of  the                                                               
pipeline  is in  some  market.  The first  issue  is whether  the                                                               
increased gas use amounts to 500  MMcf/d. If it doesn't the state                                                               
could do as it  pleased. If the gas does add up  to more that 500                                                               
MMcf/d, he said  he doesn't think anything in  the treble damages                                                               
provisions  would thwart  the  state  from setting  alternatives.                                                               
That's what's happening in the  AGIA review process, he said. The                                                               
Legislature is considering testimony  from the Port Authority and                                                               
the Alaska  Natural Gasline Development Authority  about in-state                                                               
use.  There  isn't a  license  yet  and  he  thinks it  would  be                                                               
possible for  the state  to continue  to study  alternatives. The                                                               
damage provision  doesn't say do not  have a pipeline and  do not                                                               
give an inducement  and money. It says don't do  it unless you're                                                               
prepared  to  pay the  price,  which  is treble  damages.  That's                                                               
ultimately a  cost the state has  to consider as it  explores the                                                               
different alternatives.                                                                                                         
                                                                                                                                
REPRESENTATIVE RAMRAS asked  if he's saying that  the state would                                                               
be sacrificing  some of its  sovereign rights. If  the consortium                                                               
of Anadarko,  CIRI, ASRC and  ENSTAR said it only  makes economic                                                               
sense to have  a pipeline that generates 600 MMcf/d,  he asked if                                                               
the state would  be disallowed from pursuing an  expansion of the                                                               
export license to  meet that demand without  subjecting itself to                                                               
treble damages.                                                                                                                 
                                                                                                                                
MR.  BULLOCK replied  it ultimately  comes  down to  the cost  of                                                               
different  alternatives.  Assuming  that the  throughput  of  the                                                               
competing project  is more  than 500  MMcf/d, the  treble damages                                                               
provision would  be triggered because  it's a  competing project.                                                               
The statute is limited with respect  to what the state is giving,                                                               
but it's  money and  the benefit of  a pipeline  coordinator. The                                                               
pipeline coordinator job  is to grease the skids  for the favored                                                               
project  so  if  a  proposed  licensee's  application  is  to  be                                                               
considered as well as a  competing project, the coordinator could                                                               
say to  work on the licensee's  application first as a  matter of                                                               
policy.                                                                                                                         
                                                                                                                                
As  far  as soliciting  support  for  an in-state  project,  that                                                               
raises the issue  of whether there is going to  be a violation of                                                               
the assurances  in the future,  he said. But until  the competing                                                               
project is  extended the actual  inducement, the issue  of treble                                                               
damages wouldn't arise.                                                                                                         
                                                                                                                                
CHAIR FRENCH highlighted  that he did make an issue  of the point                                                               
of whether the extension means the  offer of help or the grant of                                                               
help.                                                                                                                           
                                                                                                                                
MR. BULLOCK  said the  offer of help  wouldn't arise  until there                                                               
was  a  request  for  a  proposal  application  where  the  state                                                               
outlined what  it was extending  if the applicant  responded with                                                               
an acceptable project.                                                                                                          
                                                                                                                                
9:24:52 AM                                                                                                                    
SENATOR ELTON  disagreed that this relinquishes  sovereignty. The                                                               
contract provides  that the state  can exercise  sovereignty, but                                                               
there's a cost. Referring to the  bottom of page 1, he asked what                                                               
"extension" really means.  For example, can the  state offer help                                                               
to a statutorily competing line  as soon as commercial operations                                                               
start on TransCanada?                                                                                                           
                                                                                                                                
MR. BULLOCK replied it's not clear  but arguably there is a risk.                                                               
The  form and  substance  issue, which  arises particularly  with                                                               
royalty and tax  inducements, has to do with who  is going to put                                                               
gas  in competing  pipelines. If  the state  does something  that                                                               
causes  a potential  shipper to  pause because  there might  be a                                                               
better project down the road,  that is hindering what it intended                                                               
to do  with the licensee, which  is to encourage the  licensee to                                                               
build the pipeline and shippers to put gas in that pipeline.                                                                    
                                                                                                                                
SENATOR  ELTON asked  if  it  would be  an  example of  extending                                                               
assistance  if a  future  governor  were to  say  to a  competing                                                               
pipeline that  the state would do  whatever it could to  help. Or                                                               
would  that be  a comment  with no  meaning until  a proposal  is                                                               
presented to the Legislature, he asked.                                                                                         
                                                                                                                                
MR. BULLOCK replied you'd first  need to consider what assurances                                                               
are extended. It  would become an issue of what  has happened and                                                               
whether there has  been an extension of  assurances that complies                                                               
with the statutes. It's not black  and white, not even the money.                                                               
The  state gives  up to  $500 million  to the  licensee, but  the                                                               
statute  isn't  clear whether  or  not  giving  $1 million  to  a                                                               
competing  project to  study would  trigger  the treble  damages.                                                               
Also, if  this is litigated  the statute  may be a  guideline but                                                               
there may  be some flexibility  should the licensee want  to give                                                               
up  some  of the  damage  receipts  in  exchange for  some  other                                                               
incentive.  The TransCanada  application did  suggest they  could                                                               
exercise the  opportunity of providing  larger capacity  to Delta                                                               
Junction for  feeding in-state  use. That  might imply  that they                                                               
would be  open to  work with  the state on  giving more  than 500                                                               
MMcf/day to in-state markets, he said.                                                                                          
                                                                                                                                
9:28:52 AM                                                                                                                    
SENATOR  McGUIRE how  many places  in  the law  he's seen  treble                                                               
damages.                                                                                                                        
                                                                                                                                
MR. BULLOCK  acknowledged that it  isn't common.  The legislative                                                               
history  of   the  provision   indicates  that   the  Legislature                                                               
approached  this cautiously.  The  first bill  that the  Governor                                                               
introduced allowed  reasonable costs to  be the basis  for treble                                                               
damages. As the legislation moved  it became related to qualified                                                               
expenditures. It  was offered as  an assurance for a  licensee to                                                               
come forward without having to  worry that the state would change                                                               
its mind.                                                                                                                       
                                                                                                                                
SENATOR McGUIRE  asked if he  sees anyplace where  treble damages                                                               
would  extend   into  personal  liability.  For   example,  if  a                                                               
particular  person  within  the  government  made  extensions  or                                                               
offers to help.                                                                                                                 
                                                                                                                                
MR. BULLOCK  said probably not, but  it would depend on  what the                                                               
person that makes the offer does  and the power of that person to                                                               
obligate the state.  Under AGIA the commissioners  of revenue and                                                               
natural  resources do  have the  power to  act on  behalf of  the                                                               
state with  regard to the licensee  in the process. If  they were                                                               
to  act   together  and  offer  assurances   that  could  trigger                                                               
liability for treble damages.                                                                                                   
                                                                                                                                
SENATOR McGUIRE asked what would  happen in an instance where the                                                               
Legislature  disagreed  with  the  Governor and  decided  to  put                                                               
forward a package  itself. She asked if the  Legislature would be                                                               
authorized to put forward something  similar to the old China Gas                                                               
Development Act, for example.                                                                                                   
                                                                                                                                
MR.  BULLOCK said  the separation  of powers  issue would  arise.                                                               
Under  the  Stranded  Gas  Act  the  Legislature  authorized  the                                                               
contracts  that  provided  for  payment   of  the  tax,  but  the                                                               
administration actually has  to carry it out. The  focus would be                                                               
on  executive action  rather than  legislative action  because to                                                               
trigger the  damages, the inducements  and incentives have  to be                                                               
offered for  the purpose of  facilitating the  competing project.                                                               
Legislation itself wouldn't trigger the damages, he said.                                                                       
                                                                                                                                
9:32:33 AM                                                                                                                    
SENATOR McGUIRE said then she doesn't  have to worry that if this                                                               
exclusive license  is granted to  TransCanada, that she  would be                                                               
subjecting herself or the state to  treble damages if she files a                                                               
bill  next  December that  offers  a  package of  inducements  or                                                               
benefits  under  something  similar   to  the  old  Stranded  Gas                                                               
Development Act that  might, for example, spur  development on an                                                               
in-state gas pipeline                                                                                                           
                                                                                                                                
MR. BULLOCK replied  he doesn't believe so. This  is an assurance                                                               
with a  penalty if the  assurance is  violated so there's  a cost                                                               
attached to  whatever you  do. If the  state actually  offers the                                                               
inducements, the  assurance has been violated.  The damages would                                                               
be paid and  the competing project could  conceivably go forward.                                                               
Assuming TransCanada is  awarded the license, they  would get the                                                               
treble damages and then decide  whether they wanted to pursue the                                                               
project or not.                                                                                                                 
                                                                                                                                
MR. BULLOCK  added that the  first key  date is during  the first                                                               
binding open  season when there's  a commitment by  the shippers.                                                               
At that  point it's  conceivably possible to  avoid the  issue of                                                               
shippers holding back  from the licensee and waiting  to see what                                                               
happens  with  a competing  project.  The  second date  would  be                                                               
between the  end of the first  binding open season and  the start                                                               
of commercial operations. That is the  date when the state can do                                                               
whatever it wants to encourage a competing pipeline.                                                                            
                                                                                                                                
CHAIR  FRENCH referred  to  his statement  that  upon payment  of                                                               
treble  damages   TransCanada  could  decide  if   it  wanted  to                                                               
continue. He  noted that  page 4 of  Mr. Bullock's  analysis says                                                               
that upon payment of the  treble damages, the licensee shall turn                                                               
back to  the state  basically everything it's  done. He  asked if                                                               
the payment  of treble damages ends  the project or if  it simply                                                               
says that the data is transferred  to the state making it a full-                                                               
information partner with TransCanada.                                                                                           
                                                                                                                                
MR. BULLOCK  clarified that  his outline  later on  describes how                                                               
similar  the   provision  for   transfer  of   information  under                                                               
abandonment of  the project is  to the treble  damages provision.                                                               
The statute  isn't clear as  to whether they would  continue, but                                                               
the implication  is that  they would  no longer  be bound  by any                                                               
"must   haves"   in  the   AGIA   license.   Probably  the   best                                                               
interpretation is  that this would  end the AGIA license,  but it                                                               
wouldn't preclude  any entity from  pursuing a  pipeline project,                                                               
he said.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI asked when the  treble damages would kick in                                                               
if  there was  inducement  extended  to build  a  500 MMcf/d  gas                                                               
pipeline project that had expansion capabilities.                                                                               
                                                                                                                                
MR. BULLOCK  replied part of it  depends on how you  define a gas                                                               
pipeline project -  whether it's defined by  its initial capacity                                                               
or  its  expanded  capacity.  The  answer  isn't  clear  in  this                                                               
section,  he said.  The state  could offer  inducements to  a 490                                                               
MMcf/d pipeline  that's expanded three years  later. Looking back                                                               
the question  is whether the  state actually encouraged  a larger                                                               
pipeline. The better  resolution would be to look  at the project                                                               
as initially  proposed. Under the  AGIA license we looked  at the                                                               
initial  capacity although  there are  terms providing  for later                                                               
expansion.  Now  the  proposal  is   treated  as  the  size  that                                                               
TransCanada is offering, he said.                                                                                               
                                                                                                                                
9:38:11 AM                                                                                                                    
SENATOR  WIELECHOWSKI  asked,  assuming that  there  were  treble                                                               
damages, if the Legislature would  have to appropriate them or if                                                               
TransCanada would automatically be entitled to them.                                                                            
                                                                                                                                
MR.  BULLOCK  explained that,  as  specifically  addressed in  AS                                                               
43.90.440, the Legislature has to appropriate them.                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI   questioned  what  would  happen   if  the                                                               
Legislature refused to appropriate the treble damages.                                                                          
                                                                                                                                
MR. BULLOCK responded that's happened  in the past in other court                                                               
cases. A lot  of litigation is involved and at  some time there's                                                               
a  court  order.  Then  the separation  of  powers  issue  arises                                                               
related  to  whether  the  Court can  order  the  Legislature  to                                                               
perform the legislative function of appropriating money.                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  noted  that  Supreme  Court  case  law  in                                                               
employment  arbitration cases  has said  that if  the Legislature                                                               
doesn't appropriate the money, you  don't get it. He assumes that                                                               
would be the same in this case.                                                                                                 
                                                                                                                                
MR. BULLOCK replied  that's correct according to  the language in                                                               
the statute.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES referred  to  the bottom  of  page 1  that                                                               
talks about  extending to another person  preferential royalty or                                                               
tax treatment. She  asked if it would trigger  the treble damages                                                               
clause if the  Legislature were to amend some of  the state's tax                                                               
structure related  to gas  and the changes  applied equally  to a                                                               
TransCanada line and a Denali line, for example.                                                                                
                                                                                                                                
MR. BULLOCK asked if she's asking about production taxes.                                                                       
                                                                                                                                
REPRESENTATIVE HOLMES replied that would be one area.                                                                           
                                                                                                                                
MR. BULLOCK explained that production  taxes apply universally to                                                               
production regardless  of where it ends  up. If the tax  rate was                                                               
adjusted for natural  gas produced on the North  Slope that would                                                               
apply to all the producers. There  is a provision under ACES that                                                               
says  that if  there's  some  in-state use,  then  there's a  tax                                                               
break. The  problem with AGIA  is that as written  the inducement                                                               
is  to  provide  royalty  inducements and  the  tax  benefits  to                                                               
encourage   commitment  to   a  particular   gasline.  So   if  a                                                               
distinction was made  in the production taxes to  offer a similar                                                               
break from  the nominal  tax rate  to commit  gas to  an in-state                                                               
project,  then  that  becomes an  inducement  that  violates  the                                                               
assurances. A  general affect of  the tax change  wouldn't affect                                                               
the licensee and  it wouldn't affect an  alternative project, but                                                               
if   it  specifically   benefited  the   alternative  competitive                                                               
project, that could be viewed  as an inducement and would trigger                                                               
the damages.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES  said  then   the  changes  would  not  be                                                               
precluded so long as it's even-handed.                                                                                          
                                                                                                                                
MR. BULLOCK  agreed. The burden of  the production tax is  on the                                                               
producers  and  it  may  be  a factor  when  they're  looking  at                                                               
potential tariffs.  Setting the  tax rate  is a  policy decision,                                                               
but it  could be  the straw  that kills the  field if  there's no                                                               
residual wellhead value.                                                                                                        
                                                                                                                                
9:42:37 AM                                                                                                                    
REPRESENTATIVE  HOLMES  noted  that   the  Legislature  did  make                                                               
changes in  ACES, including benefiting  in-state gas,  after AGIA                                                               
passed but  before acceptance of  the contract for  the proposal.                                                               
She asked  if he sees  any problems  for the state  because those                                                               
changes were made after AGIA passed.                                                                                            
                                                                                                                                
MR. BULLOCK  said no, except  to the  extent that it  affects the                                                               
general  economics  of gas  production  on  the North  Slope.  It                                                               
doesn't  relate  directly  to  the  license  versus  a  competing                                                               
project, he said. The tax affect  relates to the economics of the                                                               
production  -  what  the  tariff  will  be  and  whether  there's                                                               
something at the wellhead after paying  to get the gas to market.                                                               
If the  producers don't  own the pipeline,  they're in  a similar                                                               
position to  the state - there  has to be wellhead  value to have                                                               
benefit.  There's   the  possibility  that  the   producers  have                                                               
additional profit  from a  marketing outlet at  the other  end of                                                               
the pipeline, but  the state can only get it  at the wellhead, he                                                               
said. That's why there's interest in a low tariff, he added.                                                                    
                                                                                                                                
9:43:59 AM                                                                                                                    
CHAIR FRENCH referred  to Mr. Bullock's legal  opinion dated June                                                               
17, 2008  that suggests that a  reduced tax on the  production of                                                               
gas used  in the  state probably  would be  found to  violate the                                                               
interstate commerce  clause and  likely would  be struck  down in                                                               
the future.  Noting that most  of the  gas in this  pipeline will                                                               
flow  out  of   state,  he  said  that  will   bring  before  the                                                               
Legislature the  question of how  to adjust taxation  of in-state                                                               
gas.  If  the tax  is  adjusted  subsequent  to  the award  of  a                                                               
licensee, he asked what implication  that would have with respect                                                               
to having extended to another  person preferential royalty or tax                                                               
treatment.                                                                                                                      
                                                                                                                                
MR. BULLOCK  clarified that the  preferential benefit  of selling                                                               
gas in-state  goes to the producers  and not to the  pipeline. It                                                               
may affect  the capacity  of the  pipelines because  the producer                                                               
may want to  deliver its gas into  a market where it  has a lower                                                               
production tax.  It doesn't really  affect the pipelines,  but it                                                               
comes  back to  that  hesitation  of a  shipper  to  commit to  a                                                               
project. On the interstate commerce  issue, he said that the flip                                                               
side of looking at a discount  for in-state gas is that there's a                                                               
relatively  higher tax  imposed  on gas  production  sent out  of                                                               
state. That's  where the interstate commerce  issue is triggered,                                                               
he said.                                                                                                                        
                                                                                                                                
CHAIR FRENCH agreed and added  that the opinion suggests that the                                                               
tax rates  for out-of-state gas and  in-state gas will be  set at                                                               
the   same  rate   to  satisfy   requirements   under  the   U.S.                                                               
Constitution.                                                                                                                   
                                                                                                                                
MR. BULLOCK  said that's likely to  happen. In a number  of cases                                                               
states have unacceptably  attempted to impose lower  tax rates on                                                               
commodities  within the  state compared  to  those in  interstate                                                               
commerce. The Supreme Court made  one exception, but the case was                                                               
tied to the  state's internal financing and the  options it could                                                               
exercise in that regard; it wasn't in a commercial situation.                                                                   
                                                                                                                                
9:47:11 AM                                                                                                                    
REPRESENTATIVE RAMRAS  asked what  the State  of Alaska  would be                                                               
precluded  from doing  with regard  to  assisting other  entities                                                               
such  as Denali  or a  small diameter  pipeline, and  what remedy                                                               
those entities would  have if they thought they  were being "slow                                                               
rolled" in  the permitting process  because they  weren't getting                                                               
equal  treatment  and  a  fair   equal  allocation  of  resources                                                               
compared to the "favored project."                                                                                              
                                                                                                                                
MR. BULLOCK cited AS 43.90.440(b) as follows:                                                                                   
                                                                                                                                
     (b)  The  review,  processing,  or  facilitation  of  a                                                                    
     permit,  right-of-way,  or  authorization  by  a  state                                                                    
     agency  in  connection  with a  competing  natural  gas                                                                    
     pipeline project  does not create an  obligation on the                                                                    
     part of the state under this section.                                                                                      
                                                                                                                                
Under  this  provision  the   normal  application  process  would                                                               
continue to  be available without triggering  the treble damages,                                                               
he said. The problem is that  one of the benefits to the licensee                                                               
is  that  the gasline  coordinator  is  specifically tasked  with                                                               
following  the administrative  process  and  expediting it.  That                                                               
could  be  interpreted  to  mean that  the  licensee  would  have                                                               
priority  if two  competing applications  were on  the table  for                                                               
natural  resources  for a  particular  permit,  he said.  Another                                                               
project   has  options   to  pursue   under  the   Administrative                                                               
Procedures Act to encourage state  action, but there is the issue                                                               
of  whether  there are  enough  resources  within the  permitting                                                               
agencies to  handle both projects  simultaneously. It might  be a                                                               
fiscal  note   issue  and  the   Legislature  might   respond  by                                                               
increasing staffing at the agency.  Thus the licensee would enjoy                                                               
an expedited process  under AGIA and other  applicants would have                                                               
access to  the resources of  the agency to  facilitate processing                                                               
their applications.  He identified that as  an administrative law                                                               
question.                                                                                                                       
                                                                                                                                
9:51:10 AM                                                                                                                    
REPRESENTATIVE  RAMRAS  noted  that Commissioner  Irwin  admitted                                                               
that  DNR  is far  behind  in  processing applications  for  land                                                               
disbursements to  Alaskans. That raises  the issue of  what human                                                               
resources  will be  available within  DNR  to address  permitting                                                               
issues  and to  offer assistance  in the  AGIA process.  He asked                                                               
what  kind of  "choke  hold"  there will  be  on human  resources                                                               
available  for  permitting  for  small  diameter  pipelines,  the                                                               
Denali  project, and  the  AGIA project  and  if competing  lines                                                               
would go through the AGIA coordinator or directly to DNR.                                                                       
                                                                                                                                
9:53:27 AM                                                                                                                    
CHAIR FRENCH noted that Senator  Olson and Representative Johnson                                                               
had joined the hearing.                                                                                                         
                                                                                                                                
PATRICK  GALVIN, Commissioner,  Department of  Revenue, said  the                                                               
question  of  allocation  of  resources   to  make  sure  there's                                                               
adequate  staff  is  associated with  any  project  that's  going                                                               
forward.                                                                                                                        
                                                                                                                                
REPRESENTATIVE RAMRAS asked if he's  talking about the allocation                                                               
of resources within DNR.                                                                                                        
                                                                                                                                
COMMISSIONER  GALVIN  clarified  that   he's  talking  about  the                                                               
allocation of resources for the  entire state permitting process.                                                               
It's  a  question that  goes  across  lines because  the  slowest                                                               
permit  will  always  be  the  one that  slows  the  project.  He                                                               
explained that on  a large project the normal  course of business                                                               
is to  execute a reimbursable  services agreement (RSA)  with the                                                               
state. That  is the most direct  vehicle for a project  to ensure                                                               
that  resources  are  available within  the  agencies  to  assure                                                               
expedited  consideration  of  their permits.  This  is  something                                                               
that's done all the time  and discussions are already underway to                                                               
execute an  RSA for the  Denali project. Depending on  the nature                                                               
of  the agreement,  there could  be a  coordinator position  that                                                               
would be funded  by the applicant to act as  a coordinator of the                                                               
state  permitting  processes  and  also as  a  liaison  with  the                                                               
federal permitting  process. Through  that process  the applicant                                                               
would be  able to  fund positions within  any of  the departments                                                               
that  required  permits  and to  secure  sufficient  capacity  to                                                               
expedite the process as quickly  as the agency could allocate. To                                                               
the extent that  the RSA doesn't cover it, the  agencies are able                                                               
to ask  the Legislature for  additional resources and  target the                                                               
particular projects or permits that need additional funding.                                                                    
                                                                                                                                
9:56:51 AM                                                                                                                    
REPRESENTATIVE COGHILL  asked for clarification that  a competing                                                               
project  could  go  to  the  department  and  get  the  resources                                                               
available, and  the state is  providing that coordinator  for the                                                               
selected licensee.                                                                                                              
                                                                                                                                
CHAIR  FRENCH  noted  for the  record  that  Commissioner  Galvin                                                               
nodded his head in an affirmative fashion.                                                                                      
                                                                                                                                
SENATOR  McGUIRE remarked  that it's  being represented  that the                                                               
treble damages clause  isn't a big deal. She referred  to a chart                                                               
showing that  damages could rise  to $877 million and  noted that                                                               
AGIA says that the damages  payment would be in full satisfaction                                                               
of all claims  the licensee may bring related to  the events that                                                               
gave rise  to the  payment. She  asked Mr.  Bullock if  he thinks                                                               
it's that  simple or if  a court  would deem TransCanada  to have                                                               
some  other  rights should  they  choose  to pursue  them.  We're                                                               
assuming they'd be  happy to walk away with  treble damages after                                                               
they've given the state all their  data and hard work and I don't                                                               
see it  that way, she  said. She asked  Mr. Bullock his  view and                                                               
why she might be wrong.                                                                                                         
                                                                                                                                
10:00:10 AM                                                                                                                   
MR.  BULLOCK said  that both  AS 43.90.240  and AS  43.90.440 are                                                               
means for the  licensee and the state to terminate  a project and                                                               
walk  away because  it  could  be that  after  going through  the                                                               
entire process it's  just not economic. He  suggested thinking of                                                               
it in  terms of a  contract because  the AGIA provisions  and the                                                               
statute are  incorporated in  the contract  of the  license. They                                                               
were there  when the request  for proposals went out  and they'll                                                               
be  there  if  the  license  is  awarded.  It's  not  unlike  the                                                               
provision in  which the potential license  holders and applicants                                                               
agreed not to  contest the award of the license  to somebody else                                                               
or that no license is  awarded, he said. TransCanada came forward                                                               
with those  terms in  place so contractually  they would  have to                                                               
abide  by the  provision that  says that  the litigation  ends at                                                               
that point. But  that doesn't preclude litigation  related to due                                                               
process  or some  other constitutional  right  that the  licensee                                                               
enjoys that's outside the contract and this provision, he said.                                                                 
                                                                                                                                
SENATOR  McGUIRE  asked  if  equitable  principles,  such  as  an                                                               
injunction,  are  allowed.  I  doubt   we'll  have  trouble  with                                                               
economics, but it may be possible  that all the parties can't get                                                               
together.  "That  has  been  my concern  all  along,"  she  said.                                                               
There's gas, there are people that  want to sell their gas, there                                                               
are  people  that build  pipelines,  and  there are  millions  of                                                               
Canadians  and Americans  looking for  jobs; but  whether we  can                                                               
bring them  together under  this proposal  is unclear.  She asked                                                               
about an injunction  and the idea that TransCanada  would ask the                                                               
court  to enjoin  the state  and keep  it from  assisting another                                                               
project.                                                                                                                        
                                                                                                                                
10:03:23 AM                                                                                                                   
MR. BULLOCK  said that would  be a contractual issue.  Under good                                                               
faith and fair dealing the argument  could be made that the state                                                               
hasn't operated in good faith  in dealing with the licensee. Just                                                               
like any other contract, this could be litigated.                                                                               
                                                                                                                                
SENATOR  McGUIRE said  it's a  risky path  to hope  that everyone                                                               
will  be okay  and that  litigation  won't ensue.  "I hope  we're                                                               
right."                                                                                                                         
                                                                                                                                
CHAIR FRENCH asked Mr. Bullock to proceed.                                                                                      
                                                                                                                                
MR. BULLOCK said page 2 is  talking about a competing natural gas                                                               
pipeline - the  size and the route, which is  key. For example, a                                                               
600  MMcf/d pipeline  that has  gas that's  produced south  of 68                                                               
degrees wouldn't be  a competing project because  the route isn't                                                               
from the North Slope to a market.                                                                                               
                                                                                                                                
MR.  BULLOCK said  when he  looked back  at committee  minutes he                                                               
found where Marcia Davis explained how  they came up with the 500                                                               
MMcf/d  threshold.  She  explained  that  the  definition  for  a                                                               
competing   natural  gas   pipeline   was   developed  with   the                                                               
understanding  that  in-state  gas  usage would  perhaps  be  400                                                               
MMcf/d  over  the next  20  years.  It  was designed  to  capture                                                               
pipeline pieces  that wouldn't be  competitive with a 3.5  to 4.5                                                               
bcf project so  bullet and spur lines coming off  a main pipeline                                                               
were  reviewed. He  doesn't  know if  those  estimates have  been                                                               
updated, but  that was  the basis for  determining the  volume of                                                               
the pipeline.                                                                                                                   
                                                                                                                                
MR. BULLOCK said a lot comes back  to the tariff and how much gas                                                               
will  be left  to  go  through a  long  pipeline.  The tariff  is                                                               
figured by  dividing the  cost by  the volume to  get a  cost per                                                               
unit or tariff.  If the long pipeline is deprived  of gas because                                                               
it's going  into a competing  pipeline, the tariff would  have to                                                               
rise. One of  the bases for determining the size  of the pipeline                                                               
is  that it  would  have enough  gas  left to  pay  for the  long                                                               
pipeline.                                                                                                                       
                                                                                                                                
10:07:13 AM                                                                                                                   
SENATOR THERRIAULT referred to an  earlier discussion and pointed                                                               
out that  another way  to affect  the tariff is  to pay  down the                                                               
debt on  the pipeline. With  that in mind  he asked if  the state                                                               
would run afoul of the  competing pipeline provision if, in order                                                               
to keep the  pipeline capacity under 500 million,  the state paid                                                               
down the construction costs so that  the tariff was low enough to                                                               
make the  gas affordable for usage  in the state. "Or  because we                                                               
have  taken steps  to keep  the  capacity under  500 million,  it                                                               
doesn't matter?"                                                                                                                
                                                                                                                                
MR. BULLOCK replied  the threshold question asks the  size of the                                                               
pipeline. However  it happens, if  the competing  project doesn't                                                               
have  a designed  capacity of  500  million, the  state could  do                                                               
whatever it wanted.                                                                                                             
                                                                                                                                
10:08:27 AM                                                                                                                   
CHAIR  FRENCH  noted  that Representative  Gara  had  joined  the                                                               
hearing.                                                                                                                        
                                                                                                                                
MR. BULLOCK referred  to the discussion about  the possibility of                                                               
an  expansion of  the pipeline  and said  it would  be a  factual                                                               
issue, but the  likelihood of an expansion would  be addressed as                                                               
well. If it was very likely  that a 490 MMcf/d pipeline was going                                                               
to be  expanded, that would be  in favor of imposing  the damages                                                               
since it would be fact specific, he said.                                                                                       
                                                                                                                                
The next phrase says, "If the  licensee is in compliance with the                                                               
requirements of  the license, and  the requirements of  state and                                                               
federal statutes  and regulations relative to  the project." What                                                               
he  discussed  here is  that  the  licensee  has to  satisfy  the                                                               
requirements of  the license. That includes  keeping current with                                                               
requirements in  state and federal  law. If they don't,  that not                                                               
only voids eligibility  for receiving the treble  damages it also                                                               
raises  the  issue  of  whether the  license  should  be  revoked                                                               
because they would  be in violation of the  license. Then there's                                                               
the issue of relevant to  the project versus a material violation                                                               
of state and  federal law. "That's sort of litigation  bait if we                                                               
get to that point," he said.                                                                                                    
                                                                                                                                
The next phrase  says, "The licensee is entitled  to payment from                                                               
the state of  an amount equal to three times  the total amount of                                                               
the  expenditures incurred  and  paid by  the  licensee that  are                                                               
qualified expenditures for the purposes  of AS 43.90.110 and that                                                               
the licensee incurred in developing  the licensee's project." The                                                               
phrase  "incurred  in  developing   the  licensee's  project"  is                                                               
redundant because  the expenses  on which  the damages  are based                                                               
have   to  be   qualified   expenditures   and  they're   defined                                                               
specifically.                                                                                                                   
                                                                                                                                
The other  issue that's  addressed is "incurred  and paid."  If a                                                               
licensee incurred  a $1  million expenditure  and the  state paid                                                               
$500,000, the question is whether  the licensee incurred and paid                                                               
$1  million or  $500,000  after the  reimbursement. Although  the                                                               
legislative history  is a  bit weak on  the specific  aspect, the                                                               
"incurred and  paid" language  was put  in the  bill early  on to                                                               
make sure  it was an  actual expense  of the licensee.  Also, the                                                               
legislative intent  demonstrated that  reasonable costs  would be                                                               
the  basis. Narrowing  that to  only  the qualified  expenditures                                                               
demonstrates the legislative intent  that the expenditures should                                                               
be  strictly construed  in favor  of  the state  and against  the                                                               
licensee when  determining the amount of  damages. Thus "incurred                                                               
and paid" would be looking at  the end of time after the expenses                                                               
were incurred  and the  reimbursement was  paid and  figuring out                                                               
the net amount that was paid by the licensee.                                                                                   
                                                                                                                                
10:12:05 AM                                                                                                                   
CHAIR  FRENCH  noted that  Representative  Roses  had joined  the                                                               
hearing.                                                                                                                        
                                                                                                                                
CHAIR  FRENCH  observed that  should  there  be a  dispute  about                                                               
whether  they  paid  $1  million or  $500,000,  the  backstop  is                                                               
subject  to appropriation  and  the Legislature  may  come to  an                                                               
independent judgment about what the number is.                                                                                  
                                                                                                                                
He thanked  Mr. Bullock for quoting  Ms. Davis on the  subject of                                                               
treble damages  at the bottom  of page 3.  She said that  "In the                                                               
totality of it, we thought that  the 300 percent had the zing and                                                               
had the oomph  that we needed to make sure  that the independents                                                               
came forward." He  doesn't know if they're legal  terms, but they                                                               
said a lot to him.                                                                                                              
                                                                                                                                
MR. BULLOCK added  that he very much enjoyed  working with Marcia                                                               
Davis during the AGIA process.                                                                                                  
                                                                                                                                
The next phrase raises the  issue Senator Wielechowski brought up                                                               
about the amount  of the damages being  subject to appropriation.                                                               
The next section  says that the licensee shall,  at no additional                                                               
cost,  give all  the engineering  design contracts,  permits, and                                                               
other  data.  The litany  list  is  repeated in  the  abandonment                                                               
provision, he said.                                                                                                             
                                                                                                                                
The  next section  says  that treble  damage is  to  be the  only                                                               
remedy  available  to the  licensee  if  the state  breaches  the                                                               
assurances. Page  5 says that the  application processes continue                                                               
for any  pipeline, not  just the licensee.  The issue  is whether                                                               
the  pipeline  coordinator  is  greasing  the  skids  of  another                                                               
project. AS 43.90.260 talks about  expedited review and action by                                                               
state  agencies.  That  section  talks  about  the  coordinator's                                                               
responsibility  to  move  things along  and  prevent  unnecessary                                                               
delays or  additional conditions  on the  permit or  license that                                                               
would hinder development of the  project. Finally, subsection (c)                                                               
on page 5 contains definitions that are used within the section.                                                                
                                                                                                                                
10:15:20 AM                                                                                                                   
CHAIR FRENCH  thanked Mr.  Bullock and  said the  committee would                                                               
next hear from the administration.                                                                                              
                                                                                                                                
 ^In-State Demand and AGIA's 500 MMcf/d 'Competing Project' Limit                                                             
                                                                                                                                
ANTONY SCOTT, PhD,  Commercial Analyst, Division of  Oil and Gas,                                                               
Department  of  Natural  Resources,  said  he  would  talk  about                                                               
reasonable  expectations of  in-state  demand over  time to  make                                                               
sure  that the  notion of  limiting a  competing project  doesn't                                                               
hinder the  state's ability  to take care  of Alaskans.  He would                                                               
review  historical actual  in-state demand,  look at  projections                                                               
for  future gas  consumption for  electricity and  heating within                                                               
the state,  and point  out that  the North  Slope isn't  the only                                                               
place in the  state with gas. In  fact, he said, most  of the gas                                                               
that's  produced comes  from Cook  Inlet and  that will  continue                                                               
during the relevant timeframe.                                                                                                  
                                                                                                                                
The information  on slides 3 and  4 is derived from  the DNR 2007                                                               
annual  report. The  graph  indicates that  thru  2006 the  total                                                               
production of gas from Cook Inlet  has been less than 500 MMcf/d.                                                               
Most of that  has been used for industrial use  and export. Slide                                                               
4 shows  actual use of  Cook Inlet gas for  electrical generation                                                               
and  space heating.  Although use  has been  increasing for  some                                                               
time,  when tracked  with the  population increase  it's apparent                                                               
that the  rate of growth is  slow. Current use, as  an annualized                                                               
average, is a little more than 220 MMcf/d.                                                                                      
                                                                                                                                
CHAIR  FRENCH clarified  that he's  actually  talking about  Cook                                                               
Inlet gas when he talks about historical in-state gas use.                                                                      
                                                                                                                                
MR. SCOTT said  yes; currently there's a small amount  of gas use                                                               
in Fairbanks  and the source  is Cook Inlet. The  figures reflect                                                               
that use.                                                                                                                       
                                                                                                                                
CHAIR FRENCH clarified that from  Ketchikan to Kotzebue, the rest                                                               
of the state isn't using any amount of natural gas.                                                                             
                                                                                                                                
MR. SCOTT said to his knowledge that's correct.                                                                                 
                                                                                                                                
CHAIR FRENCH asked if any amount is used in Barrow.                                                                             
                                                                                                                                
MR.  SCOTT said  not to  his knowledge,  but he  understands that                                                               
there is or will be gas use in Nuiqsut from the Alpine field.                                                                   
                                                                                                                                
CHAIR FRENCH noted  that committee members think  that Barrow has                                                               
gas coming from wells drilled in  the vicinity, but that usage is                                                               
small.                                                                                                                          
                                                                                                                                
MR. SCOTT  said he isn't familiar  with that, but he's  sure that                                                               
usage wouldn't show on the indicated chart.                                                                                     
                                                                                                                                
10:19:22 AM                                                                                                                   
The  chart  on slide  5  -  Projected  In-State  Gas Use  -is  an                                                               
assessment   from   SAIC  [Science   Applications   International                                                               
Corporation].  That 2006  assessment indicated  that by  2025 the                                                               
statewide demand for  gas for residential and  commercial as well                                                               
as power  usage would  be on  the order of  265 MMcf/d.  He noted                                                               
that Harold Heinze from ANGDA  recently testified that future in-                                                               
state demand might be as high as 300 MMcf/d.                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if  he  agrees  with  Mr.  Heinze's                                                               
testimony that  Alaska has the capacity  for up to 1.2  bcf/d for                                                               
in-state use and shipping outside the state.                                                                                    
                                                                                                                                
MR. SCOTT,  acknowledging that he hadn't  seen that presentation,                                                               
said  the   state's  capacity  to   export  gas   is  potentially                                                               
unbounded.   "So  I   would   respectfully   suggest  that   it's                                                               
considerably, potentially,  much larger than  1.2 [bcf] a  day if                                                               
you're including LNG exports."                                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI recalled that  when Mr. Heinze analyzed peak                                                               
in-state use,  he said  that to do  the pipeline  economically he                                                               
was projecting up to 1.2 bcf/d.                                                                                                 
                                                                                                                                
MR. SCOTT added that in  other presentations Mr. Heinze has shown                                                               
considerable   volumes  of   in-state  petrochemical   use,  some                                                               
augmented LNG export,  as well as in-state LPG usage  to build up                                                               
to  the 1.2  bcf/d capacity.  That number  presumes a  very large                                                               
diameter pipeline  for offtake and  use of the  liquids in-state.                                                               
He said he  doesn't believe those volumes are  attendant upon 1.2                                                               
bcf/d as  a bullet  line, for example.  He clarified  that that's                                                               
not what he's  talking abut. "When I talk about  in-state use I'm                                                               
talking about  consumption needs  within the  state for  heat and                                                               
power -  not describing  all potential  industrial uses  that one                                                               
could imagine to make use of  gas within the state for subsequent                                                               
export."                                                                                                                        
                                                                                                                                
10:23:38 AM                                                                                                                   
SENATOR  WIELECHOWSKI  recalled  that  ANGDA said  that  you  get                                                               
economies  of scale  if you  do up  to 1.2  bcf/d. The  tariff is                                                               
dramatically  lower than  the tariff  on a  500 MMcf/d  pipeline,                                                               
which is so high it's not  economical to build the line. He asked                                                               
if Mr. Scott would agree with that.                                                                                             
                                                                                                                                
MR. SCOTT  replied that the issue  of what is economic  is fairly                                                               
unclear. What the sellers of gas  demand in terms of value at the                                                               
wellhead  could,  for  example,  be  a  certain  price  plus  the                                                               
transportation costs,  but that's  not necessarily the  case. "So                                                               
the issue  of what the tariff  ultimately is may or  may not have                                                               
any bearing on what the price the consumers ultimately pay."                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI asked if it's  economic for a bullet line to                                                               
supply up to 500 MMcf/d for in-state gas use under AGIA                                                                         
                                                                                                                                
MR. SCOTT  said the  issue is the  state providing  incentive for                                                               
another  project. "I  do  not agree  that you  can  say …  absent                                                               
incentives from the state, the  tariffs will be 'X' and therefore                                                               
since  it's not  economic  it's  a problem  for  us." What  we're                                                               
describing  is  the state's  ability  to  provide incentives,  he                                                               
said. For  example, suppose that a  bullet line of 500  MMcf/d or                                                               
less cost  $8 billion and the  state decided to spend  $X billion                                                               
underwriting the  cost of the  project. The tariff is  a function                                                               
of the level  of state investment. The more the  state invests in                                                               
the  project,  the  lower  the  tariff.  If  the  state  were  to                                                               
underwrite the entire project, the tariff would be zero.                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI pointed out the exposure to treble damages.                                                                
                                                                                                                                
MR.  SCOTT  said that's  right.  The  hypothetical was  that  the                                                               
project needed  to be  a certain  size to get  a low  tariff. "My                                                               
response to that is no. You can  have as low a tariff as you want                                                               
with a 500 million  a day line. It's just a  function of how much                                                               
the state wants to kick in."                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI,   assuming  the  license  is   granted  to                                                               
TransCanada, asked  if he sees  an in-state gasline ahead  of the                                                               
TransCanada line, which is 10-15 years down the road.                                                                           
                                                                                                                                
10:28:31 AM                                                                                                                   
MR. SCOTT replied it may well  happen. ENSTAR is looking at a 480                                                               
MMcf/d  line without  any state  assistance. It's  a function  of                                                               
markets. You  need a  market for  the gas if  you want  a certain                                                               
level of throughput.  Also keep in mind that there  will still be                                                               
production from  Cook Inlet  to meet  certain in-state  needs, he                                                               
said.                                                                                                                           
                                                                                                                                
CHAIR  FRENCH commented  that the  administration has  repeatedly                                                               
said that the bigger the pipe  the better the economics, but it's                                                               
becoming clear  that we're going to  have to spend a  lot for 500                                                               
MMcf/d. The conundrum is that while  a 1.2 bcf/d line may be more                                                               
economic, we'd be bumping against  that 500 MMcf/d ceiling should                                                               
we try to make it happen.                                                                                                       
                                                                                                                                
SENATOR ELTON noted  that Marcia Davis seems  to define competing                                                               
pipelines as those  that start and end in the  same location. Her                                                               
previous testimony  said, "Because we  have a comfort  level, the                                                               
major  projects are  looking to  go out  of state.  We don't  see                                                               
spurs  or  bullet  lines  being  competitive  and  affecting  the                                                               
economic  considerations of  the big  projects." Noting  that the                                                               
current  presentation  backs  out  the export  products  such  as                                                               
ammonia, urea, and  LNG, he asked if he can  infer that the state                                                               
could  have a  700  MMcf/d  pipeline as  long  as the  additional                                                               
capacity  in the  line was  going to  noncompeting markets  - for                                                               
example, shipping ammonia, urea, and LNG to Asia.                                                                               
                                                                                                                                
10:31:24 AM                                                                                                                   
MR. SCOTT suggested  that he's asking for  a legal interpretation                                                               
of competing  project. His  interpretation is  that a  700 MMcf/d                                                               
project  that goes  into service  before the  commencement of  an                                                               
AGIA licensed  project would  be a competing  project if  it runs                                                               
from the North Slope to a market.                                                                                               
                                                                                                                                
COMMISSIONER GALVIN  offered to stay  at the table to  respond to                                                               
legal questions as they arise. Chair French agreed.                                                                             
                                                                                                                                
SENATOR  THERRIAULT  summarized  the   discussion  on  the  state                                                               
underwriting part  of the cost of  a project to make  the tariffs                                                               
affordable  and pointed  out that  that  is nothing  new for  the                                                               
state to  consider. It underwrote  a portion  of the cost  of the                                                               
electrical  intertie  to  the  Interior and  50  percent  of  the                                                               
spinning capacity on the Kenai.  But the capacity for consumption                                                               
within the state  isn't large enough to get the  unit costs down.                                                               
When  he  asked ENSTAR  whether  they  needed anything  from  the                                                               
state, they  said not now.  They have lots  to things to  look at                                                               
before they  can determine what  the tariff might be  and whether                                                               
they might need assistance, he said.                                                                                            
                                                                                                                                
10:34:16 AM                                                                                                                   
REPRESENTATIVE  RAMRAS questioned  what  would  happen if  ENSTAR                                                               
said  it  needed  600  MMcf/d to  execute  a  minimally  economic                                                               
pipeline. "What  does that do to  the state if that  happens in 4                                                               
or 5 years time?"                                                                                                               
                                                                                                                                
MR. SCOTT  replied a  project that is  minimally economic  at 600                                                               
MMcf/d  wouldn't  appear  to  require   state  assistance  so  it                                                               
wouldn't be a competing project.                                                                                                
                                                                                                                                
SENATOR McGUIRE  said she  agrees with that  point, but  what she                                                               
worries about are  the current tax incentives for  the Cook Inlet                                                               
and  Nenana basins.  Suppose  you  had an  800  MMcf/d line  that                                                               
didn't need state  assistance per se, but they  did want preserve                                                               
the  current   tax  incentives  and  the   state  agreed.  "Would                                                               
TransCanada have a  claim in that scenario to say  that the state                                                               
is, in fact, assisting with a competing line?"                                                                                  
                                                                                                                                
COMMISSIONER GALVIN  said the  first question  is whether  it's a                                                               
benefit.  The second  asks if  it's extended  for the  purpose of                                                               
encouraging  the line  that's  greater than  500  MMcf/d. If  the                                                               
answer is  yes it's  a benefit  and yes it's  for the  purpose of                                                               
advancing  that  project,  that's   a  technical  breach  of  the                                                               
provision. When  that kind  of option is  presented, there  are a                                                               
number of  things to  consider. There's  the question  of whether                                                               
there's a different way to  address the issue. If larger capacity                                                               
is what's  needed to  bring the  tariff down,  then the  state is                                                               
probably economically better off  providing direct subsidy to the                                                               
project  to make  it economic  at a  threshold below  500 MMcf/d.                                                               
That's a better  deal for the state than risking  the loss of the                                                               
big project.  Part of the  discussion to  keep in context  is the                                                               
fact that  the state is  putting itself in this  position because                                                               
of the  benefits that will  be provided under the  AGIA pipeline.                                                               
The value that's being provided in  the context of AGIA is in the                                                               
billions of dollars.  If the state has to preserve  that right by                                                               
underwriting a project for a  couple of billion dollars, that's a                                                               
fair economic  exchange the  state is making.  Given the  size of                                                               
the markets,  it's not unprecedented  for the state  to undertake                                                               
that type of role, he said.                                                                                                     
                                                                                                                                
10:40:27 AM                                                                                                                   
SENATOR McGUIRE remarked  that that supports her  thought that an                                                               
independent pipe  builder has  something to  bring to  the table.                                                               
She said  her concern today, and  she's brought it up  before, is                                                               
that  some pitfalls  are unforeseen.  The previous  example shows                                                               
the convoluted analysis  that state workers have  to work through                                                               
to figure  out how  to stay  below the  subsidy level,  bring the                                                               
best benefit to the state, and  stay out of legal sticky wickets.                                                               
Previously when  she suggested inviting  some folks to  the table                                                               
whose worldwide business  is to do this sort  of negotiating, the                                                               
commissioner  said  the  administration didn't  want  closed-door                                                               
negotiations. "I'm not  proposing anything that is  closed to the                                                               
public that  isn't unprecedented." That said,  sometimes business                                                               
negotiations  have to  be  done behind  closed  doors because  of                                                               
proprietary information.  Inviting these  folks to the  table can                                                               
at  the  very  least  lead  to  a  better  understanding  of  the                                                               
challenges for all the parties  so legislators will have a better                                                               
chance in  deciding before voting. Alaskans  support the Governor                                                               
and this  gasline, but this  is making  a lot of  people nervous.                                                               
"This is  as high stakes as  I've ever seen."  If we end up  in a                                                               
protracted  fight  and  lose  the  opportunity,  it's  our  kids'                                                               
opportunity for decades. "And you can't get it back."                                                                           
                                                                                                                                
10:43:54 AM                                                                                                                   
COMMISSIONER GALVIN  said when we  talked about  mediation before                                                               
the issue of closed doors was  a side issue. "My direct answer to                                                               
the question was in order for  there to be a relative opportunity                                                               
for  a  discussion  and  mediation   we  have  to  establish  the                                                               
positions of  the parties." He  reminded her that  the discussion                                                               
went back  to a philosophical  discussion about the  structure of                                                               
the government. To a certain  extent the administration can speak                                                               
on behalf  the state, but  the Legislature also has  a tremendous                                                               
role in  that regard. The  purpose of  AGIA was to  establish the                                                               
state's  position   and  speak  with   one  voice  in   terms  of                                                               
expectations and  parameters for what's  on the table.  Until you                                                               
have  executed   this  license  and   made  that   decision,  the                                                               
Legislature hasn't spoken in that  voice. Mediators will ask what                                                               
the parameters  are; what  is in the  acceptable range.  "We'd be                                                               
speaking blindly …  because the Legislature hasn't  spoken yet on                                                               
that particular issue."                                                                                                         
                                                                                                                                
SENATOR  McGUIRE   countered  that  this  Legislature   and  this                                                               
Governor have spoken very well on  a variety of things. There's a                                                               
very clear statement  that we want in-state access and  we want a                                                               
pipeline  that's different  than has  been done  in the  past. "I                                                               
don't think that  granting an exclusive license per se  has to be                                                               
the sum of all of that."                                                                                                        
                                                                                                                                
10:46:04 AM                                                                                                                   
COMMISSIONER GALVIN said  we began a process by  passing the law.                                                               
We've  engaged  industry   -  pipeline  and  producers   -  in  a                                                               
discussion  and  we've  established the  expectation  that  we're                                                               
going to take  things in steps. "When you identify  this sense of                                                               
risk  of legal  morass,  … I  haven't seen  that  kind of  advice                                                               
coming  back from  our legal  experts"  For example,  legislative                                                               
legal advisors  have written  an opinion  saying that  the treble                                                               
damages  issue is  clear and  unambiguous and  designed to  avoid                                                               
legal maelstroms.  The risks associated with  moving forward with                                                               
this license are very calculated  to get all the players together                                                               
and a  pipeline moving forward. We  have to take things  in steps                                                               
and make  decisions in  sequence to  state our  position, provide                                                               
opportunity for the  parties to identify the  ground for striking                                                               
a deal, and then create the  opportunity to strike that deal. "We                                                               
believe that there's tremendous  opportunity, once the license is                                                               
issued, to bring  the parties together and to  identify that deal                                                               
in the  context of  moving the gasline  forward." Until  we reach                                                               
that point, the foundation for  the discussion isn't solid enough                                                               
to engage in  meaningful negotiation. "We don't see  the value of                                                               
doing that at this particular point in time."                                                                                   
                                                                                                                                
10:49:00 AM                                                                                                                   
COMMISSIONER GALVIN said  when this started a year  ago there was                                                               
talk about  moving quickly and we  don't want to lose  that sense                                                               
of forward movement. TransCanada made  an offer under AGIA that's                                                               
basically good.  If that's  set aside we  lose that  momentum and                                                               
the sense  that the project is  advancing. "We have done  what we                                                               
need to do  in order to create the atmosphere  for resolution and                                                               
we  need to  hit  that  home by  having  the  Legislature make  a                                                               
decision on this."                                                                                                              
                                                                                                                                
SENATOR  McGUIRE said  we all  want  to keep  TransCanada at  the                                                               
table,   but  the   treble  damages   and  the   exclusivity  are                                                               
troublesome.  "Philosophically  and  legally you  are  asking  60                                                               
people … to take  a step that in my opinion  could be against our                                                               
constitutional  obligations."  She  asked  him  to  consider  how                                                               
mediation could or  couldn't help. "It wouldn't be  the idea that                                                               
TransCanada just goes  away; but it might be the  idea of keeping                                                               
them at the table with a way that's not so high stakes."                                                                        
                                                                                                                                
10:51:59 AM                                                                                                                   
CHAIR FRENCH noted that Representative  Mike Kelly had joined the                                                               
hearing via teleconference.                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLMES  mentioned in-state  supply and  demand and                                                               
noted that slide 3 shows that  at times disposition of Cook Inlet                                                               
gas has  been more than 500  MMcf/d. She assumes that  the recent                                                               
precipitous  drop  is  tied  to  the  scale-down  and  subsequent                                                               
closure of Agrium.                                                                                                              
                                                                                                                                
MR. SCOTT said that's correct.                                                                                                  
                                                                                                                                
REPRESENTATIVE HOLMES  highlighted the ANGDA projections  for in-                                                               
state gas  in slide 6  showing that in  2006 the average  use was                                                               
about  465 MMcf/d,  not including  Fairbanks  use. The  projected                                                               
future  in-state demand  is 300  MMcf/d not  including industrial                                                               
use.                                                                                                                            
                                                                                                                                
MR. SCOTT  said that's  correct; "that industrial  use at  250 is                                                               
the LNG export and at that  point still some Agrium production or                                                               
use."                                                                                                                           
                                                                                                                                
REPRESENTATIVE  HOLMES  calculated  the ANGDA  projections  going                                                               
forward and  the existing  industrial use  and noted  that that's                                                               
bumping against if not already over the 500 MMcf/d.                                                                             
                                                                                                                                
MR. SCOTT agreed.                                                                                                               
                                                                                                                                
10:54:15 AM                                                                                                                   
REPRESENTATIVE  HOLMES  reviewed  in-state demand  going  forward                                                               
including the  projected decline  for Cook  Inlet and  asked what                                                               
the real supply and demand needs are for the state.                                                                             
                                                                                                                                
MR.  SCOTT  clarified that  when  he  uses the  phrase  "in-state                                                               
demand" he is referring to  Alaska's end-use needs for gas namely                                                               
for electricity generation  and space heating. The  point is that                                                               
with the  500 MMcf/d  limit and the  continued existence  of Cook                                                               
Inlet  production,  there  will  still  be  sufficient  room  for                                                               
industrial uses  without worrying  about bumping up  against that                                                               
limit. As Senator Wielechowski point  out, economies of scale are                                                               
better  with a  larger  pipeline.  The tariff  drops  so you  can                                                               
imagine circumstances  where a project  is minimally  economic at                                                               
600  MMcf/d.   Presumably  that   project  wouldn't   need  state                                                               
assistance but  you can imagine  cases that are "on  the bubble."                                                               
They're asking  a little  help for  a 550  MMcf/d line.  In those                                                               
fine cases, presumably the state  would say it wouldn't subsidize                                                               
the export of Alaskan resources as  LNG. Instead it would play it                                                               
safe and  provide assistance to  that pipeline and keep  it under                                                               
500 MMcf/d.                                                                                                                     
                                                                                                                                
10:57:50 AM                                                                                                                   
REPRESENTATIVE HOLMES  asked if the projections  for in-state use                                                               
include further expansion in Fairbanks.                                                                                         
                                                                                                                                
MR. SCOTT said yes.                                                                                                             
                                                                                                                                
REPRESENTATIVE HOLMES  asked about gas  to liquids for  export to                                                               
communities off the rail belt.                                                                                                  
                                                                                                                                
MR.  SCOTT  replied  he doesn't  believe  the  ANGDA  projections                                                               
include gas to liquids uses.                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES asked  if he  has any  idea how  including                                                               
that would affect the 300 MMcf/d projected in-state demand.                                                                     
                                                                                                                                
MR. SCOTT  replied, "I  have no  idea what  the demand  for clean                                                               
diesel produced by gas to  liquids technology might be within the                                                               
state."                                                                                                                         
                                                                                                                                
10:58:55 AM                                                                                                                   
CHAIR FRENCH asked  about the demand for  liquid propane delivery                                                               
down  the Yukon  River. He  added that  he thought  that was  the                                                               
thrust of Representative Holmes' question.                                                                                      
                                                                                                                                
MR.  SCOTT replied  the top-end  estimates he's  seen are  on the                                                               
order of  10,000 gallons  per day, but  that quantity  of propane                                                               
would require a large diameter pipeline.  A spur line of the type                                                               
that's been  discussed wouldn't generate  the massive  volumes of                                                               
propane  to supply  those  energy  needs up  and  down the  Yukon                                                               
River.                                                                                                                          
                                                                                                                                
CHAIR FRENCH  commented that if the  state paid for a  450 MMcf/d                                                               
bullet line  from the  North Slope to  Southcentral, it  looks as                                                               
though  that  would supply  Fairbanks  and  Anchorage, and  there                                                               
would be enough to ship propane down the Yukon River.                                                                           
                                                                                                                                
MR. SCOTT  replied, "If there  was sufficient propane  within the                                                               
gas, absolutely."                                                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI observed  that there's  a lot  of heartburn                                                               
over two major issues - the  $500 million and the treble damages.                                                               
"Those  have caught  my attention  and  the public's  attention."                                                               
With respect  to treble damages he  said we can't support  a line                                                               
with a  capacity of more  than 500  MMcf/d. Although there  was a                                                               
reason for  selecting that  volume, it now  seems to  be somewhat                                                               
arbitrary.  That 500  MMcf/d was  probably trying  to get  at two                                                               
issues. The first is competition  for the licensee and the second                                                               
issue is  offtake. He said competition  doesn't seem to be  a big                                                               
issue. This line is going to Canada  so any excess gas will go to                                                               
either  the  West  Coast  or   Asia,  neither  of  which  are  in                                                               
competition with  this line.  Also it'll be  used at  Agrium, but                                                               
that's probably not in competition  with this line. Offtake seems                                                               
to be more of  a concern and the question is  whether we have the                                                               
ability to  offtake more than 500  MMcf/d. With that in  mind, he                                                               
asked what  the problem  would be with  amending AGIA  or getting                                                               
TransCanada to  agree that  the state can  offtake more  than 500                                                               
MMcf/d without  damaging its ability  to get gas.  "That's really                                                               
what the  crux of  this issue  is about  for TransCanada  - their                                                               
ability to get gas." If the  state can do 1 bcf/d without hurting                                                               
TransCanada's offtake,  what would  be the  problem?   That would                                                               
solve a lot of heartburn  and potentially get an in-state gasline                                                               
more quickly.                                                                                                                   
                                                                                                                                
11:02:36 AM                                                                                                                   
COMMISSIONER GALVIN  replied the question goes  to something that                                                               
isn't known  at this  point. At  the point  in time  that they're                                                               
looking for customers  and looking for gas, how much  gas will be                                                               
committed and is the big project  going to be "on the bubble." At                                                               
this time  certainly there are  scenarios in which  changing from                                                               
500 MMcf/d  to 750 MMcf/d  could make  the difference in  the big                                                               
project going  forward or not.  Inherent in this decision  is the                                                               
goal we're  trying to accomplish, which  is to make sure  that we                                                               
can  get gas  to  Alaskans at  a reasonable  price  in a  shorter                                                               
period  of time.  Considering the  demand and  the available  gas                                                               
right now  it's clear that we  can have a pipeline  that delivers                                                               
sufficient gas  to meet Alaska's  needs within the bounds  of the                                                               
AGIA requirements.                                                                                                              
                                                                                                                                
The next question asks about the  economics and if the state will                                                               
be  in  a  position  where   it  would  prefer  to  increase  the                                                               
throughput  in  order  to  make   it  economic  or  increase  its                                                               
participation in  order to make  it economic. When we  talk about                                                               
increasing the throughput,  we create the risk of  losing the big                                                               
project so  the 500  MMcf/d isn't  completely arbitrary.  That is                                                               
the threshold that was identified  that satisfies both needs - to                                                               
make sure  that sufficient gas  is available for the  big project                                                               
while also ensuring that the state can  do what it wants to do in                                                               
order to make sure that gas gets to Alaskans.                                                                                   
                                                                                                                                
Referring to  a comment  Senator McGuire made  about the  risk of                                                               
getting  into a  convoluted situation  of balancing  a 1.2  bcf/d                                                               
economic  project versus  providing  state subsidy  to a  smaller                                                               
line, he said it's  only as convoluted as we want  to make it. In                                                               
the  end  it's  a  fairly  straightforward  analysis  of  whether                                                               
there's somebody  willing to build  a pipeline that  doesn't need                                                               
state participation  because the project itself  is sufficient to                                                               
drive the  economics. There's  no worry there,  but if  the state                                                               
does have to  participate in order to make  the project economic,                                                               
then the  state has the opportunity  to do so and  meet the needs                                                               
of Alaskans. We have that  opportunity very clearly through AGIA,                                                               
he said.  Over the next several  months to a year  the state will                                                               
make a fairly  substantial decision on whether or  not it's going                                                               
to take that plunge and undertake that.                                                                                         
                                                                                                                                
COMMISSIONER  GALVIN noted  that ENSTAR  is currently  doing work                                                               
itself  in order  to do  the analysis  and identify  whether it's                                                               
going to be  a private sector project. Right  now their economics                                                               
indicate  that their  project would  be below  the threshold  and                                                               
they   need  to   ask  for   state  money.   That  provides   two                                                               
opportunities, he said. If they  need state participation, we can                                                               
do it at that  level and if they don't then it  can go through as                                                               
a private sector  project. Boiled down to the  essence it's clear                                                               
that we  have the opportunity to  meet Alaska's needs to  get gas                                                               
in the  near term if we  choose to do  so. It doesn't have  to be                                                               
more complicated than that.                                                                                                     
                                                                                                                                
11:07:02 AM                                                                                                                   
SENATOR  McGUIRE said  what led  to that  discussion was  not the                                                               
outright  subsidy  scenario, but  the  idea  that the  state  has                                                               
incentivized certain basins. On the  record that's been done with                                                               
the specific  intent of incentivizing  development of  Alaska gas                                                               
in the Nenana  and Cook Inlet basins. In Alberta  it's been shown                                                               
that  the  tax  breaks  to   the  oil  and  gas  industry  aren't                                                               
necessarily needed but  it has resulted in  growth. She's talking                                                               
about whether the state wants to give those incentives.                                                                         
                                                                                                                                
COMMISSIONER GALVIN said there  are already tremendous incentives                                                               
in the  tax system,  not only  in-state but  also the  40 percent                                                               
capital  credit for  all exploration  and development.  Resolving                                                               
the  issue  of  in-state  gas has  many  different  opportunities                                                               
including  taking  gas  from  Cook  Inlet  to  Fairbanks  without                                                               
limitation  and supporting  a Nenana  project to  deliver gas  to                                                               
Fairbanks  without limitation.  Those  aren't competing  projects                                                               
because  it's  not  North  Slope   gas.  "We  have  a  number  of                                                               
opportunities to meet  the basic goal of getting  gas to Alaskans                                                               
within the context  of AGIA." We imagine  different scenarios but                                                               
we really  have to keep  our eye on  the ultimate goal,  which is                                                               
getting gas to Alaskans, getting  it sooner, and making sure that                                                               
it's as  economic as possible.  The state has the  opportunity to                                                               
do that, he said.                                                                                                               
                                                                                                                                
CHAIR FRENCH announced a break from 11:09:30 AM to 11:26:37 AM.                                                             
                                                                                                                                
REPRESENTATIVE RAMRAS commented  that in his view  the FERC press                                                               
release  about  approving  the  Denali pre-filing  is  a  ray  of                                                               
sunlight from the private sector.                                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if  the state  would  be exposed  to                                                               
treble damages  if ANGDA builds  a gas pipeline that  exceeds 500                                                               
MMcf/d.                                                                                                                         
                                                                                                                                
COMMISSIONER  GALVIN  said  probably  yes, given  that  ANGDA  is                                                               
basically an entity of the state.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI asked if he  sees a conflict between the two                                                               
laws, given that the citizens of  Alaska voted to create ANGDA to                                                               
build an in-state gas pipeline.                                                                                                 
                                                                                                                                
CHAIR FRENCH asked  the commissioner if he'd like  to qualify his                                                               
answer to  the first  question with  the information  about ANGDA                                                               
building the pipeline with state money.                                                                                         
                                                                                                                                
COMMISSIONER GALVIN said given that  ANGDA only gets funding from                                                               
the state, the  assumption is that it would be  using state money                                                               
to build a  pipeline. If ANGDA were to build  the line, more than                                                               
likely it would be built for  in-state purposes and at a capacity                                                               
to  meet  in-state demand.  "That  would  be clearly  within  the                                                               
parameters of AGIA and would not be in conflict."                                                                               
                                                                                                                                
Responding  to the  second question  about  an inherent  conflict                                                               
between the  ANGDA law and the  AGIA law, he said  there wouldn't                                                               
be a  conflict. The language  in the ANGDA  law says to  build or                                                               
cause to be  built a gasline. As an entity  ANGDA has devoted its                                                               
efforts to  providing for in-state gas  opportunities rather than                                                               
actually building  the line  from the North  Slope to  market. In                                                               
fact,  their  AGIA  application  was  for a  spur  off  the  main                                                               
pipeline. A spur  line off the main pipeline  isn't competing for                                                               
any capacity  because it's  a customer of  the main  pipeline and                                                               
not a  competing project. ANGDA  has identified a  purpose within                                                               
its statutory  obligations that  it is pursuing  now and  that is                                                               
very much  in concert  with AGIA. It's  very consistent  with the                                                               
ultimate goal of getting gas to Alaskans.                                                                                       
                                                                                                                                
CHAIR FRENCH asked Mr. Scott to continue with the presentation.                                                                 
                                                                                                                                
MR.  SCOTT  displayed  slide 7  showing  historic  and  projected                                                               
natural gas production  in Cook Inlet. Going forward  it shows an                                                               
exponential  decline  in Cook  Inlet  production.  He noted  that                                                               
previous DNR annual reports regularly show the cliff.                                                                           
                                                                                                                                
REPRESENTATIVE  RAMRAS  asked  when   the  state  would  have  to                                                               
contemplate reversing  the LNG  facility to  import gas.  If this                                                               
slide  is accurate,  notwithstanding the  Conoco export  it looks                                                               
like we won't be able to meet in-state needs, he said.                                                                          
                                                                                                                                
MR. SCOTT said the state will  solve how to meet its energy needs                                                               
as it gets  there. He said he'd  get to the issue  of whether the                                                               
slide is  accurate. "We  see decline  curve in  the future  and I                                                               
would submit that  this is extremely unlikely to  be realized and                                                               
I'd like to explain why in just a moment."                                                                                      
                                                                                                                                
REPRESENTATIVE  RAMRAS said,  "Id  like to  know  when we  should                                                               
anticipate that  we don't have enough  gas in the Cook  Inlet and                                                               
what is the  solution if this slide is accurate  and for how many                                                               
years will  we have to  consider an  alternate supply of  gas for                                                               
Southcentral and for the Interior."                                                                                             
                                                                                                                                
MR. SCOTT replied it'll be around 2015 or 2016.                                                                                 
                                                                                                                                
REPRESENTATIVE  RAMRAS asked,  "What  would be  the solution,  if                                                               
this slide is accurate."                                                                                                        
                                                                                                                                
MR.  SCOTT explained  that  there are  several  things the  state                                                               
could do.  It can enhance  prospects for further  exploration and                                                               
development in  Cook Inlet; it  can bring on  alternative sources                                                               
of  supply including  coal bed  methane,  it can  bring gas  from                                                               
Nenana; it  can bring on a  natural gas spur line  from the North                                                               
Slope; or it can import LNG.  "Finally, the state can both reduce                                                               
its  energy consumption  through increased  efficiency means  and                                                               
diversify its energy sources."                                                                                                  
                                                                                                                                
11:36:37 AM                                                                                                                   
MR.  SCOTT displayed  slide  8 and  highlighted  that the  dismal                                                               
decline curve represents  a very conservative view  of the future                                                               
versus an accurate  picture of the future.  The assumptions about                                                               
how  those   fields  will   produce  in   the  future   are  very                                                               
conservative and assumptions about  new prospects being developed                                                               
are similarly  conservative. "In general  we look at  things that                                                               
are being actively  pursued." If you were to look  at the decline                                                               
curve in the 2002 annual report  compared to 2007, you'd see that                                                               
the pattern is  clear. "In each and every single  year that curve                                                               
steps out  to the  right." The 2007  forecast shows  a cumulative                                                               
production of  about 320 bcf of  "new gas" between now  and 2020.                                                               
New gas  is from fields  that are not currently  producing within                                                               
Cook Inlet,  he said.  "Even so,  there will  still be,  by 2020,                                                               
about a hundred million a day being produced out of Cook Inlet."                                                                
                                                                                                                                
Slide  9 provides  a  different view  of Cook  Inlet  gas in  the                                                               
future. The USDOE sponsored a  study of the resource potential in                                                               
Cook  Inlet  suggested   there  was  an  additional   15  tcf  of                                                               
undiscovered  gas in  Cook Inlet.  Given the  modest size  of the                                                               
Cook Inlet market,  it's reasonable to expect perhaps  1.4 tcf of                                                               
reserves  growth  between 2006  and  2025.  "It's a  considerable                                                               
multiple of  the figure I gave  you on the previous  slide that's                                                               
embedded  in  the  DNR  annual  report."  Thus  under  reasonably                                                               
favorable  market  conditions  Cook  Inlet  could  easily  supply                                                               
energy needs  in Southcentral and  Fairbanks well past  2020. The                                                               
blue line  on the  graph represents the  DOE study  assessment of                                                               
reserves  growth  and  potential  production  from  the  reserves                                                               
growth. It's well  above the assessment of  consumption or demand                                                               
indicated in green and red.                                                                                                     
                                                                                                                                
11:40:13 AM                                                                                                                   
REPRESENTATIVE  RAMRAS noted  the slide  is dated  9/20/06 so  it                                                               
probably predates ACES  and credits passed for  Cook Inlet. Given                                                               
all the  inducements and  undiscovered conventional  reserves, he                                                               
asked  how  much  has  been  discovered and  been  added  to  the                                                               
reserves  since that  date.  "My impression  is  that we  haven't                                                               
found any gas in the Cook Inlet since 9/20/06."                                                                                 
                                                                                                                                
MR. SCOTT said he didn't have a figure in his head.                                                                             
                                                                                                                                
MR.  SCOTT said  it  appears that  300 MMcf/d  is  a fairly  high                                                               
figure  for  in-state  energy  needs  through  2025.  Cook  Inlet                                                               
production will continue and  even under pessimistic projections,                                                               
he  would   expect  it  to   average  about  100   MMcf/d.  Given                                                               
appropriate market conditions and  regulatory signals, Cook Inlet                                                               
production should  be more  than sufficient  to meet  heating and                                                               
power  needs  as well  as  significant  industrial use.  The  500                                                               
MMcf/d  limit   under  AGIA  along  with   continued  Cook  Inlet                                                               
production  should meet  in-state  needs as  well as  significant                                                               
industrial use.                                                                                                                 
                                                                                                                                
11:42:20 AM                                                                                                                   
           ^AGIA Project Assurances - Treble Damages                                                                          
                                                                                                                                
COMMISSIONER  GALVIN said  that the  primary question  is whether                                                               
the treble  damages provision within  AGIA would be  triggered if                                                               
the state  were to  provide financial assistance  to a  bullet or                                                               
spur line to meet in-state gas  demand. The quick answer is no if                                                               
it's an  in-state bullet line that  has a design capacity  at any                                                               
time  prior to  the start  of commercial  operations of  the AGIA                                                               
line that  is no  more than  500 MMcf/d. Also,  any spur  off the                                                               
main line  will be  considered a customer  and not  a competitor.                                                               
"There is be no restriction …  associated with a spur line that's                                                               
going to come  off of the main line that  would limit the state's                                                               
ability  to support  or provide  financial assistance  to such  a                                                               
line."                                                                                                                          
                                                                                                                                
REPRESENTATIVE HOLMES asked about the event  of a spur line off a                                                               
line other than the AGIA main line.                                                                                             
                                                                                                                                
COMMISSIONER  GALVIN  said  it   would  likely  be  considered  a                                                               
competing project.                                                                                                              
                                                                                                                                
REPRESENTATIVE  HOLMES  asked  if  that would  be  regardless  of                                                               
whether it was under the 500 MMcf/d.                                                                                            
                                                                                                                                
COMMISSIONER GALVIN explained  that a line that is  less than 500                                                               
MMcf/d,  regardless   of  destination,   is  by   definition  not                                                               
competing. There  hasn't been  a legal answer  about a  spur line                                                               
that is  larger than  500 MMcf/d coming  off a  separate project,                                                               
but he  believes it  will come  down to: 1)  whether it's  a line                                                               
that connects the North Slope to  a market or 2) if it's designed                                                               
to advance  a competing project. If  the answer is yes  to either                                                               
of  those   questions  it  would   violate  the   treble  damages                                                               
provision. It  goes back to the  purpose. Is the purpose  to make                                                               
the main  line economic and  to advance it or  is it to  be there                                                               
for anybody's  use. If ANGDA  wants to  advance a line  that goes                                                               
from Beluga to Glennallen to  Delta, having the state assist that                                                               
line isn't  going to  cause a  problem in  and of  itself because                                                               
it's not actually  advancing a competing project.  It's there for                                                               
whatever project happens to come past  that point. If the line is                                                               
specifically tied to and giving  advantage to a competing project                                                               
and  is not  available to  the TransCanada  Alaska project,  then                                                               
that would be problematic.                                                                                                      
                                                                                                                                
REPRESENTATIVE HOLMES  asked, if the  state's goal is to  get gas                                                               
from the Interior to Southcentral and  the ANGDA goal is to build                                                               
the  spur line,  would  the treble  damages  provision become  an                                                               
issue the moment the spur line  actually ties into the long line,                                                               
whichever it is.                                                                                                                
                                                                                                                                
COMMISSIONER GALVIN  suggested she  think about the  timeline. By                                                               
the time a  competing project is actually built, the  term of the                                                               
AGIA  license will  be long  past,  so the  question wouldn't  be                                                               
relevant.                                                                                                                       
                                                                                                                                
CHAIR FRENCH remarked  that he thought he was going  to say "long                                                               
after the commencement of commercial operations."                                                                               
                                                                                                                                
COMMISSIONER GALVEN  responded that  her question was  whether it                                                               
would be a violation of the  terms if a state-supported spur line                                                               
is in  place and waiting and  it ultimately ties into  the Denali                                                               
line, for  example. His  point is that  the actual  timeframe for                                                               
this license  would be past by  that time. This license  will end                                                               
upon abandonment of the project  or when the FERC certificate has                                                               
been issued.  The timing  of that  is such that  it will  be long                                                               
before the Denali project could come to fruition.                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES observed that  it's an important point that                                                               
the license ends upon receipt of a FERC certificate.                                                                            
                                                                                                                                
COMMISSIONER GALVIN  clarified that when the  FERC certificate is                                                               
issued  the licensee  has  two  years in  which  to sanction  the                                                               
project. At that time the  license would end. "The timeframes are                                                               
such  that it's  fairly infeasible  that you're  going to  get to                                                               
that point  where you're going to  have a crossover of  those two                                                               
events."                                                                                                                        
                                                                                                                                
COMMISSIONER GALVIN  noted that the statute  [AS 43.90.440(c)(1)]                                                               
says  that   a  competing  project   is  one   that  accommodates                                                               
throughput of more than 500 MMcf/d  of North Slope gas to market.                                                               
To  be competing,  the project  has  to take  gas from  somewhere                                                               
north of  68 degrees.  Something that's hooked  up to  Nenana and                                                               
something that's hooked into the Cook  Inlet is not going to be a                                                               
competing project for the purpose  of the treble damage provision                                                               
of  AGIA.  With  respect  to  when  capacity  is  calculated,  he                                                               
acknowledged that some have asked  whether the provisions of AGIA                                                               
are inherently violated if a  pipeline that is initially designed                                                               
for 400  MMcf/d can be  expanded at any  time to be  greater than                                                               
500  MMcf/d. We've  looked at  that closely  and talked  with the                                                               
Department of Law, he said. Any  pipeline could be expanded to be                                                               
a line with greater capacity than  500 MMcf/d. To give meaning to                                                               
the AGIA  provision you have  to consider that it's  not intended                                                               
to be  the potential opportunity  to expand. It's  something that                                                               
connects  the  state's  actual  assistance at  the  time  of  the                                                               
framing of  the competition that  is to  be avoided. It  can't be                                                               
greater than 500 MMcf/d so  you're talking about both the initial                                                               
design  and the  timeframe  up until  commencement of  commercial                                                               
operations of the AGIA project.  After commencement of commercial                                                               
operations  of the  AGIA  line,  the limitations  are  off and  a                                                               
project  can expand  and  there  is no  limitation  on the  state                                                               
assisting in those  expansions or the original  assistance by the                                                               
state.                                                                                                                          
                                                                                                                                
11:53:45 AM                                                                                                                   
SENATOR  ELTON  posed  a  hypothetical   scenario  of  the  state                                                               
assisting  in   a  450  MMcf/d   line.  Before   commencement  of                                                               
commercial operation of the project,  that line is compressed and                                                               
expanded to 550  MMcf/d. He questioned how that  would be handled                                                               
because  the   provisions  of  AGIA  haven't   been  violated  by                                                               
assisting with  the 450 MMcf/d  line even though it  was expanded                                                               
prior to commercial operation of the big line.                                                                                  
                                                                                                                                
COMMISSIONER GALVIN replied that does  raise a legal question. At                                                               
the  point  that  the  line  expands, it  raises  the  risk  that                                                               
somebody can  claim that the  state supported the line  and prior                                                               
to commencement of commercial operations  of the licensed project                                                               
that  line was  greater than  500  MMcf/d. "For  that reason,  we                                                               
believe that  the state would  want to ensure that  any financial                                                               
assistance that  it provides  to any  line that  it's conditioned                                                               
upon the  understanding that the line  is not going to  expand to                                                               
greater  than  500 MMcf/d  prior  to  commencement of  commercial                                                               
operations of the other line."                                                                                                  
                                                                                                                                
CHAIR  FRENCH asked  what portion  of  that 500  MMcf/d line  the                                                               
state can provide  assistance to. It wouldn't be  a violation for                                                               
the state to pay for 100 MMcf/d,  but it would be a violation for                                                               
the state  to provide assistance to  expand a 450 MMcf/d  line to                                                               
550 MMcf/d. That  would assist a project  designed to accommodate                                                               
throughput of  more than 500  MMcf/d. "It  isn't as if  the state                                                               
has to  provide that entire assistance.  It's if we push  it past                                                               
500 million in  any form, I think we'd put  ourselves at risk for                                                               
treble damages."                                                                                                                
                                                                                                                                
COMMISSIONER  GALVIN said  when  the language  was  put into  the                                                               
statute there was  no intention to be tricky or  to put the state                                                               
in a  position where it  could slice  and dice. "Our  position is                                                               
you look at the pipeline  project itself. If the pipeline project                                                               
is designed  to have a throughput  of over 500 MMcf/d,  the state                                                               
cannot provide assistance to that project period."                                                                              
                                                                                                                                
10:57:10 AM                                                                                                                   
CHAIR FRENCH said  he agrees. The state  can't provide assistance                                                               
to any project  or segment of a project  that ultimately delivers                                                               
more than 500 MMcf/d.                                                                                                           
                                                                                                                                
COMMISSIONER  GALVIN added  that,  along the  lines  of slide  8,                                                               
that's the reason  that if the state provided aid,  it would want                                                               
to prohibit any throughput greater than 500 MMcf/d.                                                                             
                                                                                                                                
CHAIR FRENCH  restated that  if the  state decided  to pay  for a                                                               
bullet  line, part  of the  conditions would  be that  the bullet                                                               
line operator couldn't push the throughput above 500 MMcf/d.                                                                    
                                                                                                                                
COMMISSIONER GALVIN said yes.                                                                                                   
                                                                                                                                
REPRESENTATIVE   RAMRAS  commented   that  when   he  hears   the                                                               
commissioner  say there  is no  intention to  be tricky  he would                                                               
remind the  committee that  the semantics  of these  hearings are                                                               
hard on  some members' nerves. For  example, we see a  slide that                                                               
says "the former  Pt. Thomson unit" and when  we hear "unlicensed                                                               
line" it means the Denali line.                                                                                                 
                                                                                                                                
COMMISSIONER GALVIN  assured him  there is  no intention  to play                                                               
semantic games;  he's trying  to be accurate  and precise  in his                                                               
depiction of things.  If he were to call a  non-licensed line the                                                               
Denali project  and that project  ended up being scrubbed  a year                                                               
from  now and  an all  three producers  come forward  with a  new                                                               
project,  somebody could  come back  and  say there  was no  talk                                                               
about this new other project. "I  apologize if it comes across as                                                               
trying  to be  precise  in  my language.  I'm  not  trying to  do                                                               
anything other than that."                                                                                                      
                                                                                                                                
REPRESENTATIVE RAMRAS said the point  is made, and he would point                                                               
out  that the  license the  commissioner is  referring to  is the                                                               
FERC license and not the AGIA  license. "So if we're going to say                                                               
an unlicensed line, let's make  sure that we qualify that whether                                                               
we're talking about an AGIA license or a FERC license."                                                                         
                                                                                                                                
COMMISSIONER  GALVIN  clarified that  he  was,  in fact,  talking                                                               
about an  AGIA licensed project  and not  a FERC license.  "To be                                                               
clear,  when  we're  talking  about a  licensed  project  in  the                                                               
context of treble  damages, we're talking about  an AGIA licensed                                                               
project.  That being  the one  that would  queue this  particular                                                               
result."                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  summarized that if  ANGDA did a  500 MMcf/d                                                               
line, there would be no  problem with state assistance. But under                                                               
that  scenario, private  industry couldn't  expand that  line 250                                                               
MMcf/d 5 years later so someone could build a new Agrium.                                                                       
                                                                                                                                
12:00:18 PM                                                                                                                   
COMMISSIONER  GALVIN said  that's correct  if the  state provides                                                               
assistance on the initial line.  Cautioning that scenarios should                                                               
be realistic,  he said that  a line  coming from the  North Slope                                                               
would already  be burdened by  the cost of  the gas at  the North                                                               
Slope plus the  transportation costs. And so, getting  gas out of                                                               
the Cook  Inlet separately  would be an  opportunity for  them to                                                               
consider under the previous scenario.                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if it  would be  a violation  of the                                                               
treble damages  provision if AGPA,  built a line  with throughput                                                               
of more than 500 MMcf/d.                                                                                                        
                                                                                                                                
COMMISSIONER GALVIN said he didn't  think it would be a violation                                                               
for the  port authority to  do that as  long as the  state wasn't                                                               
providing any additional financial assistance to the project.                                                                   
                                                                                                                                
COMMISSIONER GALVIN displayed slide 9  and said, "A spur line off                                                               
of the  licensed project  is not  going to  be limited  either in                                                               
terms  of what  state assistance  we've provided  or the  size of                                                               
that line."  If we're  talking about  ANGDA in  particular, their                                                               
participation in  building a spur  line is unlimited in  terms of                                                               
the state's participation in ANGDA's operation or intent.                                                                       
                                                                                                                                
12:02:54 PM                                                                                                                   
CHAIR FRENCH said  that's become a concern today.  He recalled an                                                               
explicit reference in their license  application to perhaps build                                                               
a line to Valdez if that's where the market drives it.                                                                          
                                                                                                                                
COMMISSIONER GALVIN  agreed; Mr. Palmer has  publicly stated that                                                               
at the  initial open  season for the  AGIA licensed  project, the                                                               
opportunity will be there for people  to commit gas that would go                                                               
within the state, to an LNG  terminal, or all the way to Alberta.                                                               
Basically it's  open for  any of those  projects to  come forward                                                               
and TransCanada will build to  whatever destination is offered in                                                               
the open season where qualified commitments have been made.                                                                     
                                                                                                                                
CHAIR FRENCH said  his concern relates to  the transferability of                                                               
the license.  Assuming that this  Legislature votes to  grant the                                                               
license to TransCanada  and the commissioners sign  it, the state                                                               
is  suddenly bound  by  the  AGIA statutes,  the  RFA, and  their                                                               
application.  That  will  in essence  become  the  contract.  His                                                               
concern  is that  once that  transferable license  is granted  to                                                               
TransCanada, what if  somebody steps in and  buys TransCanada and                                                               
that  successor  doesn't   view  a  spur  line   as  benignly  as                                                               
TransCanada does. "I guess the  answer…is that we're protected by                                                               
their explicit  reference in their  application to a  spur line."                                                               
What if Exxon  bought TransCanada? "The idea that  Exxon now owns                                                               
this license  and decides that  their project goes to  Alberta is                                                               
precluded,  you   would  say,  because   of  the  words   in  the                                                               
application."                                                                                                                   
                                                                                                                                
12:06:11 PM                                                                                                                   
COMMISSIONER GALVIN replied it's  precluded by the combination of                                                               
the words in  the application and the statements  in Mr. Palmer's                                                               
clarification.                                                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI  said considering how important  the ability                                                               
to   expand  is,   isn't  giving   the  license   to  TransCanada                                                               
essentially the death knell to an ANGDA bullet line.                                                                            
                                                                                                                                
COMMISSIONER GALVIN  replied he would  say no. The  limitation on                                                               
expansion   is  only   until  the   commencement  of   commercial                                                               
operations of the  larger line so it's not  a lifelong limitation                                                               
on  the  pipeline.  There  will be  two  different  drivers.  The                                                               
primary drive to  expand the line is economics to  bring the cost                                                               
down  and   the  state  can   address  that   through  additional                                                               
participation.  The issue  of expanding  for other  reasons draws                                                               
into question  whether between now and  the expected commencement                                                               
of commercial operations, it's reasonable  to expect demand to be                                                               
that  great other  than having  an LNG  export. "Basically  we're                                                               
saying we want the first slug  of gas that's going to be exported                                                               
to be  through a  large line either  as a line  into Canada  or a                                                               
spur line  off of that  to be the  LNG vehicle for  getting North                                                               
Slope gas  into an  LNG tanker.  Not through  a bullet  line that                                                               
expands modestly  to address  some LNG  component." Economically,                                                               
the tradeoff  is significant to  the state. If  we end up  with a                                                               
1.5 bcf/d  LNG project, we  could end  up causing a  chokehold on                                                               
the ability to get a  larger capacity line ultimately to anywhere                                                               
-  whether  it's  LNG  or to  North  America.  Economically,  the                                                               
tradeoff is so significant that it  is in the state's interest to                                                               
preserve  the  opportunity  for  that large  line  and  meet  the                                                               
state's in-state  demand by providing direct  state participation                                                               
instead of having the economies of  scale drive it to a 1.5 bcf/d                                                               
line and  forego the  opportunity for  a large  line. "We  get so                                                               
much additional value by having  the large line that we're better                                                               
off providing…that  small capacity  line that will  feed Alaska's                                                               
needs in the near term."                                                                                                        
                                                                                                                                
12:10:11 PM                                                                                                                   
CHAIR  FRENCH  noted that  Senator  Tom  Wagoner had  joined  the                                                               
hearing.                                                                                                                        
                                                                                                                                
COMMISSIONER GALVIN said  the final point is to  identify how the                                                               
treble  damage  issue is  calculated  and  how it  isn't  imposed                                                               
immediately  on  day  one.  It  builds up  over  time  and  isn't                                                               
intended to  be a  limitation on  the state's  sovereign ability.                                                               
It's simply the price of getting  out of the contract. That price                                                               
is  tied  to what  we  put  on the  table  to  draw in  our  AGIA                                                               
applicant. The  price builds over  time as expenditures  are made                                                               
moving  toward first  open season  and  FERC certification.  It's                                                               
bounded by the amount that's ultimately spent.                                                                                  
                                                                                                                                
COMMISSIONER  GALVIN concluded  the presentation  and again  made                                                               
the point that  AGIA provides the state with the  ability to meet                                                               
in-state demand. "We have every  opportunity to pursue lines that                                                               
will  provide gas  for Alaskans  and  the state  can provide  the                                                               
economic support to make that affordable."                                                                                      
                                                                                                                                
CHAIR FRENCH thanked the legislators for attending.                                                                             
                                                                                                                                
12:12:22 PM                                                                                                                   
REPRESENTATIVE KELLY  said he appreciates  the invitation  to the                                                               
hearing and  the discussion was  helpful. He made the  point that                                                               
semantics and  meaning and  fine-tuning can  be expected  to take                                                               
place  when there  are thousands  of pages  of documentation  and                                                               
with the team of experts that  is working on this. "Probably when                                                               
you have a 12-page PowerPoint  that says, 'Trust us' you probably                                                               
don't   have  many   of   those   fine-tuning  discussions."   He                                                               
appreciates the  commissioner hanging  in there and  making sense                                                               
out of some very good questions. It advances the ball.                                                                          
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair French adjourned the meeting at 12:13:37 PM.                                                                            
                                                                                                                                

Document Name Date/Time Subjects