Legislature(1993 - 1994)

03/23/1993 05:20 PM Senate O&G

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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              SENATE SPECIAL COMMITTEE ON OIL & GAS                            
                         March 23, 1993                                        
                            5:20 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Loren Leman, Chairman                                                
  Senator Bert Sharp                                                           
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Senator Rick Halford                                                         
  Senator Al Adams                                                             
  Senator Judy Salo                                                            
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SENATE BILL NO. 150                                                          
  "An Act providing  for oil and gas exploration licenses, and                 
  oil  and  gas leases,  in certain  areas  of the  state; and                 
  providing for an effective date."                                            
                                                                               
  SENATE BILL NO. 151                                                          
  "An  Act  providing for  oil  and gas  exploration incentive                 
  credits for certain activities on certain land in the state;                 
  and providing for an effective date."                                        
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  SB 150 - See Oil & Gas minutes dated 3/16/93.                                
                                                                               
  SB 151 - See Oil & Gas minutes dated 3/16/93.                                
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Jim Eason, Director                                                          
  Division of Oil and Gas                                                      
  Department of Natural Resources                                              
  P.O. Box 107034                                                              
  Anchorage, Alaska 99510-7005                                                 
  POSITION STATEMENT:  Supported SB 150 and SB 151.                            
                                                                               
  Hugh Doogan                                                                  
  359 Slater Street                                                            
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Opposed SB 150 and SB 151.                              
                                                                               
  Jerry Booth                                                                  
  CIRI                                                                         
  2525 C Street                                                                
  Anchorage, Alaska 99503                                                      
  POSITION STATEMENT:  Supported SB 150.                                       
                                                                               
  Al Hastings, Director                                                        
                                                                               
                                                                               
  External Affairs                                                             
  CONOCO                                                                       
  3201 C Street, #200                                                          
  Anchorage, Alaska 99503                                                      
  POSITION STATEMENT:  Supported SB 150.                                       
                                                                               
  David Lappi, President                                                       
  Lapp Resources, Inc.                                                         
  4900 Sportsman Dr.                                                           
  Anchorage, Alaska 99502                                                      
  POSITION  STATEMENT:     Supported  SB   150  with   certain                 
  conditions.                                                                  
                                                                               
  Kevin Tabler, Land Manager                                                   
  Union Oil Company                                                            
  P.O. Box 196247                                                              
  Anchorage, Alaska 99516                                                      
  POSITION  STATEMENT:     Supported  SB   150  with   certain                 
  conditions.                                                                  
                                                                               
  Pete Nelson, Land Manager                                                    
  Texaco Oil                                                                   
  2550 Denali Street                                                           
  Anchorage, Alaska 99503                                                      
  POSITION  STATEMENT:     Supported  SB   150  with   certain                 
  conditions.                                                                  
                                                                               
  Jim Davis, Senior Vice President                                             
  Exploration and Land                                                         
  ARCO Alaska                                                                  
  9421 Springhill                                                              
  Anchorage, Alaska 99507                                                      
  POSITION STATEMENT:  Supported SB 150.                                       
                                                                               
  Robert Erickson, Administrative Assistant                                    
  Teacher's Local 959                                                          
  AFL-CIO                                                                      
  Fairbanks Plumbers and Pipefitters                                           
  P.O. Box 102092                                                              
  Anchorage, Alaska 99510                                                      
  POSITION STATEMENT:  Support SB 150.                                         
                                                                               
  John Ringstad                                                                
  BP Exploration, Inc.                                                         
  P.O. Box 196612                                                              
  Anchorage, Alaska 99509                                                      
  POSITION STATEMENT:  Opposed SB 150 as written.                              
                                                                               
  Larry Smith                                                                  
  1520 Lakeshore Dr.                                                           
  Homer, Alaska 99603                                                          
  POSITION STATEMENT:  Opposed SB 134.                                         
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-9, SIDE A                                                            
  Number 001                                                                   
  SENATOR LEMAN  called the Special  Committee on Oil  and Gas                 
  meeting to order at 5:20 p.m. and announced SB 151 OIL & GAS                 
  EXPLORATION INCENTIVE CREDITS to be up for consideration.                    
                                                                               
  JIM EASON, Director, Division of Oil and Gas, said they have                 
  awarded approximately $38 million in credits under the state                 
  incentive program, AS 38.05.180, beginning in 1979.                          
                                                                               
  HUGH DOOGAN,  Fairbanks, opposed  both SB  150  and SB  151,                 
  because it gives  the oil and gas  industry complete control                 
  of  our resources.  It does nothing  for the backbone of the                 
  oil industry which are the independent drillers.                             
  SENATOR LEMAN closed the hearing on  SB 151 and announced SB
  150 OIL  &  GAS EXPLORATION  LICENSES/LEASES  to be  up  for                 
  consideration.                                                               
                                                                               
  Number 116                                                                   
                                                                               
  JERRY BOOTH, Cook Inlet Region (CIRI),  said in light of the                 
  changing economics of the oil and gas industry in Alaska and                 
  the world, they  think it is  appropriate and advisable  for                 
  the legislature to consider new and innovative approaches to                 
  oil  and gas  leasing and development.   While  SB 150  is a                 
  departure from the traditional competitive leasing approach,                 
  it is not unfamiliar to native corporations.  It is designed                 
  to supplement,  not replace the state's  current competitive                 
  leasing program.                                                             
                                                                               
  Number 219                                                                   
                                                                               
  AL HASTINGS, Director of External Affairs, CONOCO, supported                 
  SB  150.    He  said  the  terms  for  licensing  should  be                 
  consistent with the current leasing  program.  Areas subject                 
  to large  block licensing should  exclude areas that  are in                 
  the 5 year leasing program and areas such as the North Slope                 
  and Cook Inlet that are mature  leasing areas.  There should                 
  be a cap on the acreage under license to any one licensee of                 
  500,000  acres.  He supported annual bonding for each year's                 
  work commitment.  Regulations should  be developed to define                 
  how competing proposals would be evaluated  by DNR.  Also, a                 
  lease that  has  been converted  from  a license  should  be                 
  treated no differently than any other lease issued by DNR.                   
                                                                               
  Number 270                                                                   
                                                                               
  SENATOR LEMAN asked what the cost  of a bond would be.   MR.                 
  HASTINGS  guessed exploration  licensing  in frontier  areas                 
                                                                               
                                                                               
  would bring in tens of millions of dollars.                                  
                                                                               
  DAVID  LAPPI, President,  Lapp Resources,  Inc., gained  his                 
  exploration experience in Australia.   Alaska needs to adopt                 
  exploration license legislation to ensure that its favorable                 
  geology   attracts  its  fair  share  of  the  international                 
  exploration dollar, he  said.   To do  this the  exploration                 
  license terms  need to be at least  as favorable as terms in                 
  other countries that offer exploration licenses.                             
                                                                               
  MR. LAPPI said he would like to see the actual work programs                 
  bid while the seismic shots  are taken and exploration  well                 
  footage is drilled  - "to level  the playing field"  between                 
  large and small companies.   Work programs bid by  companies                 
  also  should  be tied  to  a  time-line to  encourage  early                 
  exploration  and  development.      Since the  current  bill                 
  doesn't require exploration to commence  until the last year                 
  of the  license,   he  said  that should  be changed  to  an                 
  annualized basis to  encourage early work  in the life of  a                 
  license.  Companies  not performing their work  on an annual                 
  basis  without  a valid  overriding  reason should  lose the                 
  license.                                                                     
                                                                               
  Another requirement they would like  to see is for companies                 
  who  own  exploration  licenses  to  relinquish 25%  of  the                 
  remaining licensed area every two  years which would prevent                 
  warehousing of large parcels of acreage.                                     
                                                                               
  MR. LAPPI said they would like  to eliminate the oral outcry                 
  auction.  The performance bond should also be eliminated and                 
  he  supported  offering  licenses   over  the  entire  state                 
  including Cook Inlet and the North Slope.                                    
                                                                               
  Number 354                                                                   
                                                                               
  KEVIN  TABLER, Land Manager for Union Oil Company, said they                 
  believe in the  current competitive  lease sale process  and                 
  they feel it is  the best way to  achieve evaluation of  the                 
  state's  oil  and  gas  resource  potential.     Exploration                 
  licensing in areas like Cook Inlet is inappropriate and will                 
  not lead to an earlier evaluation of the state's oil and gas                 
  potential.                                                                   
                                                                               
  MR.  TABLER said that specific areas  should be described in                 
  the bill and any one license should not exceed 500,000 acres                 
  and  should   conform  to  existing   leasing  statutes  and                 
  regulations.                                                                 
                                                                               
  Number 422                                                                   
                                                                               
  SENATOR LEMAN  asked if  he would  exclude all  of the  Cook                 
  Inlet area and the North Slope from the frontier areas.  MR.                 
  TABLER said  Cook Inlet  already has  an active  competitive                 
  lease sale program in place.   Areas that have been actively                 
                                                                               
                                                                               
  explored in the past should not be included.                                 
                                                                               
  SENATOR  LEMAN asked why  he would  exclude areas  that have                 
  been subject to  lease sales?   MR. TABLER replied that  the                 
  exempt  sales process  provides for  those lands to  come up                 
  under a competitive process.                                                 
                                                                               
  Number 441                                                                   
                                                                               
  PETE  NELSON, Land Manager, Texaco,  said SB 150 presents an                 
  interesting  and workable  concept  to the  license  program                 
  which will encourage accelerated exploration.   She said the                 
  intent  should  be  reflected  in  the  legislation  by  not                 
  including mature areas in  this program.  A work  commitment                 
  performance bond  should be  posted for  the amount  of work                 
  done each year.   The Commissioner should  adopt regulations                 
  for evaluating  competing proposals.  Licenses  converted to                 
  leases should be subject to existing lease statutes.                         
                                                                               
  Number 469                                                                   
                                                                               
  JIM DAVIS, Senior  Vice President  of Exploration and  Land,                 
  ARCO Alaska, supported  SB 150, because it  would invigorate                 
  exploration for  oil and  gas in  Alaska and  it would  make                 
  Alaska more competitive internationally.  The existing lease                 
  process could be  supplemented with licensing based  on work                 
  commitments,  public disclosure,  and competition.   He said                 
  the bill's main purpose  is to shorten the time  required to                 
  explore.   It gives  a secure land position  in return for a                 
  bonded work commitment,  it relies on market  competition to                 
  prevent abuse or giveaways, and  provides protections to the                 
  state by allowing  the Commissioner  to reject any  proposal                 
  and revert  to the existing  leasing program.   He commented                 
  that all the  suggested changes he  has heard for this  bill                 
  only dilute it.                                                              
                                                                               
  Regarding the  "mature area"  issue, he  commented that  the                 
  North Slope  and Cook  Inlet are  producing areas,  but they                 
  haven't been even  close to thoroughly explored.   Licensing                 
  should  be  available  for  both  intellectual  as  well  as                 
  geographical frontiers.   Cook Inlet, for example, is in its                 
  second cycle of exploration.   They just rethought this same                 
  area.  New sources  of oil are needed on the  North Slope to                 
  keep TAPS  running  as  long  as possible  to  maximize  the                 
  economic  efficiency of  existing  production.   Exploration                 
  licensing  is  especially  applicable  on  the  North Slope,                 
  because there is a limited window of opportunity.                            
                                                                               
  TAPE 93-9, SIDE B                                                            
  Number 580                                                                   
                                                                               
  MR. DAVIS said the oral outcry auction is protection for the                 
  person who submits the initial proposal which may be subject                 
  to partial disclosure.                                                       
                                                                               
                                                                               
  Some companies  say they  won't use  licensing because  they                 
  have  only limited funds  available for Alaska.   In essence                 
  they are saying they want  us to wait to explore  until they                 
  are prepared  to reinvest  in Alaska,  because they  believe                 
  they have better  foreign opportunities.   This demonstrates                 
  that Alaska is at a competitive disadvantage.                                
                                                                               
  Number 558                                                                   
                                                                               
  SENATOR LEMAN asked how he felt about a distance requirement                 
  to  protect existing fields  that are being  developed.  MR.                 
  DAVIS said he  didn't find that  to be objectionable and  he                 
  suggested the distance be as short as possible.                              
                                                                               
  SENATOR LEMAN asked him  to comment on the cost  of bonding.                 
  MR. DAVIS said bonding  is basically 10 cents on  the dollar                 
  for people who have assets.                                                  
                                                                               
  SENATOR  LEMAN  asked  him  to  comment  on  the  amount  of                 
  discretion the Commissioner should have.  MR. DAVIS said the                 
  Commissioner  should   have  the   discretion  to   evaluate                 
  competing proposals and put them out to bid.                                 
                                                                               
  SENATOR SHARP asked  him to  comment on the  expense of  the                 
  bonding, since  he, personally  would rather  see the  money                 
  "put in the ground."  MR. DAVIS said he didn't think  it was                 
  appropriate for DNR to judge  exploration programs and being                 
  held to  a fixed program  is not right.   He said  there are                 
  ways to  work around the bonding issue  as long as the basic                 
  concept of the bill is protected.                                            
                                                                               
  Number 491                                                                   
                                                                               
  ROBERT  ERICKSON,  Administrative  Assistant  for  Teacher's                 
  Local   959,   and   representing  AFL-CIO,   Plumbers   and                 
  Pipefitters, Fairbanks, said  they like  the concept of  the                 
  bill  and  think  it is  necessary  for  the  well being  of                 
  Alaska's future.                                                             
                                                                               
  Number 462                                                                   
                                                                               
  JOHN RINGSTAD, BP Exploration,  Inc., supported large  block                 
  licensing for relatively unexplored areas  in Alaska.  Their                 
  focus is on  the North Slope  and will  remain there.   They                 
  believe  the   licensing  approach   would  facilitate   the                 
  exploration of  so-called interior  basins in  basically all                 
  the state outside of Cook Inlet and the North Slope.                         
                                                                               
  MR. RINGSTAD  said they do oppose  SB 150 as written.   They                 
  targeted its application to the North Slope, the oral outcry                 
  auction  provision,  and  the  exemption  which  allows  the                 
  warehousing of acreage.   He said that it is  not clear that                 
  licensing would  bring about  exploration of  the Slope  any                 
                                                                               
                                                                               
  faster than conventional leasing would.                                      
                                                                               
  Number 321                                                                   
                                                                               
  JIM EASON, Director, Division of Oil and Gas, explained that                 
  up  to 500,000  acres  would be  available  for large  block                 
  licensing.  Any  subsequent lease  converted from a  license                 
  would be  exempt from the  statutory limits for  leasing and                 
  would be limited to 30,000 acres.                                            
                                                                               
  MR. EASON said  there are two conclusions he has  come to in                 
  his 20 years of  experience with the industry.  One  is that                 
  things  never stay the same and  the second is that big dogs                 
  here are small  dogs there.  He urged them to be careful and                 
  not favor any one company in the legislation.  The intent of                 
  the legislation is not to cast aside the North Slope area or                 
  anything else.  They  want to have the flexibility  to react                 
  to  situations where  they think  it's  in the  state's best                 
  interest,  based  upon the  facts  at the  time,  and public                 
  comment, to use an alternative.                                              
                                                                               
  He said  it was  a valid  point of  contention that  leasing                 
  versus  licensing  will  lead  to  earlier  exploration  and                 
  development.  To  avoid litigation, it is  important to have                 
  real  firm  commitments,  whether  it's  under  leasing   or                 
  licensing, to make sure  people do what they intended  to do                 
  in a timely basis.                                                           
                                                                               
  On the bonding issue, he said it is important that the state                 
  get what it bargains for.  If the standard is too low, there                 
  is the unfortunate circumstance where we will be left to try                 
  and  judge among  competing proposals,  non of which  we are                 
  assured will  be carried out.  That would  be a mistake.  On                 
  one hand the state is giving  up an extraordinarily valuable                 
  right for an extended period of time to explore exclusively,                 
  with no competition, a fairly large area.  At the same time,                 
  there is the right to convert areas to lease.  If there is a                 
  discovery, it will be an  extraordinarily valuable right for                 
  the licensee in  exchange for  a commitment up  front for  a                 
  specified work program.  The only way to  be sure of getting                 
  the work program is to have full bonding.  Doing the bonding                 
  on an annual  basis, you would  have to restrict the  rights                 
  that are transferred,  so that the  person doesn't have  the                 
  rights until the sequential bonding has been accomplished.                   
                                                                               
  Number 215                                                                   
                                                                               
  SENATOR LEMAN announced  SB 134 CREDITS AGAINST  PURCHASE OF                 
  ROYALTY OIL to  be up for  consideration for the purpose  of                 
  taking testimony from Larry Smith in Homer.                                  
                                                                               
  LARRY SMITH, representing himself, said  there are things we                 
  ought  to do before we start  providing credits for over-due                 
  tax payments.  He said Cook Inlet pays more than their share                 
                                                                               
                                                                               
  for spill  prevention and  response planning  and the  state                 
  should treat them equitably.                                                 
                                                                               
  SENATOR  LEMAN  thanked  Mr.  Smith  for his  testimony  and                 
  announced they would  take up SB  150 OIL & GAS  EXPLORATION                 
  LICENSES/LEASES again.                                                       
                                                                               
  MR. EASON explained the reason they have the  outcry auction                 
  is because it is  likely to be more in  the state's interest                 
  and  that  the   competition  would  be  stiffer   in  those                 
  circumstances than under sealed bid.                                         
                                                                               
  Number 138                                                                   
                                                                               
  SENATOR SHARP commented that it  looks like things are going                 
  the way of big business.  He asked if there was a  place for                 
  the independent at  the current time  in Alaska?  MR.  EASON                 
  said   the  Department   makes   sure  there   are   leasing                 
  opportunities for independents by providing "a level playing                 
  field."  Leases  have been taken by  independents, but there                 
  have been few instances where they  have been able to drill,                 
  for one reason  or another.  They still have  the option for                 
  competitive leasing and if  they can put together the  deal,                 
  as the broker for the financing, they can participate.                       
  TAPE 93-10, SIDE A                                                           
  Number 001                                                                   
                                                                               
  SENATOR  LEMAN  thanked  MR. EASON  and  everyone  for their                 
  participation and adjourned the meeting at 6:58 p.m.                         
                                                                               

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