Legislature(2007 - 2008)SENATE FINANCE 532

03/21/2007 03:30 PM Senate RESOURCES


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03:35:04 PM Start
03:36:37 PM SB104
05:21:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Location Change --
+= SB 104 NATURAL GAS PIPELINE PROJECT TELECONFERENCED
Heard & Held
Presentation: Industry Representatives
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         March 21, 2007                                                                                         
                           3:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Charlie Huggins, Chair                                                                                                  
Senator Bert Stedman, Vice Chair                                                                                                
Senator Lyda Green                                                                                                              
Senator Gary Stevens                                                                                                            
Senator Lesil McGuire                                                                                                           
Senator Bill Wielechowski                                                                                                       
Senator Thomas Wagoner                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 104                                                                                                             
"An  Act   relating  to  the   Alaska  Gasline   Inducement  Act;                                                               
establishing   the  Alaska   Gasline   Inducement  Act   matching                                                               
contribution  fund; providing  for an  Alaska Gasline  Inducement                                                               
Act coordinator; making conforming  amendments; and providing for                                                               
an effective date."                                                                                                             
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: SB 104                                                                                                                  
SHORT TITLE: NATURAL GAS PIPELINE PROJECT                                                                                       
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/05/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/05/07       (S)       RES, JUD, FIN                                                                                          
03/14/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/14/07       (S)       Heard & Held                                                                                           
03/14/07       (S)       MINUTE(RES)                                                                                            
03/16/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/16/07       (S)       Heard & Held                                                                                           
03/16/07       (S)       MINUTE(RES)                                                                                            
03/19/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/19/07       (S)       Heard & Held                                                                                           
03/19/07       (S)       MINUTE(RES)                                                                                            
03/21/07       (S)       RES AT 3:30 PM SENATE FINANCE 532                                                                      
03/21/07       (S)       RES AT 5:30 PM SENATE FINANCE 532                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KEVIN TABLER, Land Manager and Government Affairs                                                                               
Chevron                                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke to SB 104.                                                                                          
                                                                                                                                
VINCE LEMIEUX, Manager                                                                                                          
New Ventures Alaska                                                                                                             
Chevron                                                                                                                         
Houston, Texas                                                                                                                  
POSITION  STATEMENT: Spoke  of  the  need for  SB  104 to  create                                                             
alignment.                                                                                                                      
                                                                                                                                
TIM HOUSTON                                                                                                                     
Commercial Management, Alaska                                                                                                   
Chevron                                                                                                                         
Houston, Texas                                                                                                                  
POSITION STATEMENT: Spoke to SB 104.                                                                                          
                                                                                                                                
DAVID N. KEANE, Vice President                                                                                                  
Policy and Corporate Affairs                                                                                                    
BG North America                                                                                                                
Houston, Texas                                                                                                                  
POSITION STATEMENT: Spoke to SB 104.                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  CHARLIE  HUGGINS  called  the  Senate  Resources  Standing                                                             
Committee  meeting  to order  at  3:35:04  PM. Senators  McGuire,                                                             
Stedman, Wielechowski,  Green, Huggins, and Wagoner  were present                                                               
at the  call to order.  Also in attendance were  Senators Stevens                                                               
and  Thomas  and  Representatives  Samuels,  Ramras,  Guttenberg,                                                               
Dahlstrom, Gatto, Kawasaki, and Johansen.                                                                                       
                                                                                                                                
              SB 104-NATURAL GAS PIPELINE PROJECT                                                                           
                                                                                                                                
CHAIR   HUGGINS   announced   the  consideration   of   SB   104,                                                               
establishing the Alaska Gasline Inducement Act (AGIA).                                                                          
                                                                                                                                
3:36:37 PM                                                                                                                    
KEVIN TABLER, Land Manager and  Government Affairs, Chevron, said                                                               
SB 104 will  require a lot of discussion  and corporate approval,                                                               
so Chevron's comments are preliminary.                                                                                          
                                                                                                                                
VINCE  LEMIEUX,  Manager,  New  Ventures  Alaska,  Chevron,  said                                                               
Chevron  has been  working, exploring,  and  producing in  Alaska                                                               
continuously for over  50 years. He said last year  Unocal was at                                                               
the heart of  Cook Inlet and "very much a  participant in driving                                                               
the  industry  in  the  inlet,  and  Chevron  purchased  Unocal."                                                               
Without that purchase  both companies might not be  in Alaska. It                                                               
is  one of  the few  companies  that both  produces and  actively                                                               
explores in the state. Chevron  is the third largest operator and                                                               
the fourth largest producer in Alaska.                                                                                          
                                                                                                                                
3:41:32 PM                                                                                                                    
MR.  LEMIEUX said  over 300,000  acres were  acquired by  Chevron                                                               
last year  for exploration  on the  North Slope,  so there  is "a                                                               
real commitment in terms of  looking at…how to grow Alaska within                                                               
the Chevron system."  It is building a new rig  to conduct a two-                                                               
year exploration  in the inlet. The  rig will drill two  or three                                                               
wells, and then in October it  will be placed on the North Slope.                                                               
"That commitment doesn't  really come to a  company like Chevron,                                                               
lightly." Cook Inlet is impacted  by this change in ownership, he                                                               
stated. Chevron will  have at least two or three  rigs running in                                                               
the inlet developing oil over the  next few years. One thing that                                                               
Chevron has  not gotten credit  for is its  underlying commitment                                                               
to resources in Alaska.  It spends a lot of money,  and that is a                                                               
change in  the last year,  "to the  degree that they  changed the                                                               
name  of  the  business  unit, which  used  to  be  Mid-Continent                                                               
Business Unit  for Chevron,  and now  it's Mid-continent/Alaska."                                                               
The change  of a name  is very  significant in how  people within                                                               
the company  identify with the  opportunities that are  there, he                                                               
stated. Chevron has a large presence and commitment in Alaska.                                                                  
                                                                                                                                
3:45:13 PM                                                                                                                    
CHAIR HUGGINS asked Chevron's expenditures in Alaska.                                                                           
                                                                                                                                
MR. LEMIEUX  said the expected  capital budget for 2007  is about                                                               
$170  million,  which  is  split  evenly  between  oil  and  gas.                                                               
Regarding  AGIA, "This  pipeline is  a unique  undertaking. There                                                               
aren't any other pipelines like this  in the world." It is unique                                                               
from construction and  resource-to-market perspectives. There are                                                               
not  many places  in  the world  that are  trying  to move  "this                                                               
amount  of product,  multi-nation-type  pipeline,  and it  really                                                               
creates a  lot of  complexity…that we  are concerned  about." Big                                                               
projects  require the  alignment of  objectives and  economics of                                                               
all  the parties.  Managing misalignments  through contracts  are                                                               
just "Band-Aids to a fundamental  practically, which is alignment                                                               
of  parties  that  are  participating  in  a  project-becomes  an                                                               
important  success  criteria  for long-term  projects."  He  said                                                               
alignment  means:  who  is  taking  risk and  how  that  risk  is                                                               
mitigated.  If one  party takes  more risk  than others,  that is                                                               
misalignment, he said. The financial  incentives are critical and                                                               
how they  are divided is  absolutely critical. The  stake holders                                                               
must share in the benefits, he stated.                                                                                          
                                                                                                                                
3:49:48 PM                                                                                                                    
MR. LEMIEUX said  a phase gate system is required  for managing a                                                               
large, complex  project. First, the framework  must be understood                                                               
and how elements are put together  and how they are aligned. Then                                                               
the  alternatives must  be  evaluated and  the  planning must  be                                                               
detailed. He said  it is dangerous to get ahead  of yourselves in                                                               
large projects.                                                                                                                 
                                                                                                                                
3:51:51 PM                                                                                                                    
MR. LEMIEUX  said Chevron views  this project in the  first phase                                                               
of  development. So  it is  assessing the  proposal. The  project                                                               
definition is important.  It is not a new topic.  There is a very                                                               
large range of variability in  how to view the pipeline including                                                               
big swings in  proposals and that is a challenge  for Chevron. He                                                               
asked what the key elements are  and where the truth is and added                                                               
that  there is  uncertainty  around the  economics including  the                                                               
material  costs   of  the  line   and  competition   of  industry                                                               
resources. It amazes  him that there isn't  more discussion about                                                               
the cost  of the pipeline.  "No matter  how you put  together the                                                               
economics, if you really don't  understand the building blocks at                                                               
the top,  it's hard to access  how the economics are  going to be                                                               
run."  The  pipeline is  an  amazing  undertaking and  will  push                                                               
technology, he opined. There has  never been a pipeline like this                                                               
regarding the  pressures, volumes, environment, and  distance, he                                                               
stated. He  said the pipeline  is big  enough "to create  its own                                                               
weather;  in and  of itself  it will  drive behaviors  within the                                                               
world markets," including the steel and labor markets.                                                                          
                                                                                                                                
3:57:13 PM                                                                                                                    
MR. LEMIEUX spoke of industry  capability and said that "when you                                                               
have a  project that is this  big…I'm starting to worry  about if                                                               
I'm  successful in  exploration, I  better get  my facilities  in                                                               
before the pipeline comes along,  because when the pipeline comes                                                               
along, and that's  the focus, other projects aren't  going to get                                                               
done." He  said there isn't  enough capacity  in the world  to do                                                               
everything, and the  project will soak up the  resources. He said                                                               
he is  amazed that  there isn't a  more vibrant  discussion about                                                               
the real cost of the pipeline.  He worries about that. The fiscal                                                               
certainty  is a  hot button,  and  if the  tax rate  is going  to                                                               
change, that  adds a lot  of risk. It  is an important  area. "If                                                               
you're  making a  20  or  30-year commitment-firm  transportation                                                               
commitment-you're going  to pay that  bill no matter  whether the                                                               
gas gets  shipped or not." He  said 10 years doesn't  seem like a                                                               
lot in the context of this project.                                                                                             
                                                                                                                                
4:00:08 PM                                                                                                                    
MR.  LEMIEUX said  the tariff  structure  means how  the rent  is                                                               
going to be  shared up and down the value  chain. "We're going to                                                               
take  all  these  uncertainties  around  cost  and  schedule  and                                                               
design, and those are all going  to be wrapped up into the tariff                                                               
structure, and even that tariff  structure can change over time."                                                               
The structure  can also change,  he said.  So how the  values are                                                               
shared  between  shippers,  producers,  and the  state  has  huge                                                               
uncertainty. It will make it difficult to make a commitment.                                                                    
                                                                                                                                
MR. LEMIEUX said access to explorers  is one of the elements that                                                               
can be  misaligned. Chevron  has been  asked how  it is  going to                                                               
participate  with gas  on the  North Slope,  and he  wonders what                                                               
that gas actually is. "With  the uncertainty around Pt. Thompson,                                                               
it's not clear  that Chevron has a big stake  in this discussion.                                                               
We certainly  want one."  Pt. Thompson  is important  to Chevron,                                                               
but there is  a lot of uncertainty with how  explorers get access                                                               
to the pipeline. He said he wants  to be an explorer and he wants                                                               
to participate in  the initial open season.  Chevron is exploring                                                               
the implication  of a  15 percent potential  rise in  tariff over                                                               
the course  of the pipeline. "Now  we have AGIA, now  how does it                                                               
fit into all of these elements within the overall project?"                                                                     
                                                                                                                                
4:03:21 PM                                                                                                                    
SENATOR STEDMAN noted Mr. Lemieux's  chart of the keys to success                                                               
that deals with  a five-phase gate path. There has  been a lot of                                                               
discussion  about certainty.  "We actually  have some  form of  a                                                               
tighter  structure  than  we  have  had  in  the  past  in  other                                                               
proposals.  How  tight do  you  feel  the  state can  make  those                                                               
particular dates of those gates?"                                                                                               
                                                                                                                                
MR. LEMIEUX suggested against being  too prescriptive on schedule                                                               
to the detriment of planning  or allowing the pipeline builder to                                                               
manage contracts  and relationships. If  the teams feel  that the                                                               
only goal is to meet a  deadline, risk is increased. This project                                                               
is pushing the  envelope on new technology and  techniques, so it                                                               
would  be more  important to  align the  participants instead  of                                                               
focusing on a schedule, he said.                                                                                                
                                                                                                                                
MR.  HOUSTON  said the  five  steps  should  run in  series,  and                                                               
decisions  should be  one  step  at a  time.  He doesn't  suggest                                                               
committing  to  anything beyond  one  step.  On a  mega  project,                                                               
outcomes are either  as expected or disastrous, he  said. All the                                                               
stakeholders need to be comfortable from one step to the next.                                                                  
                                                                                                                                
4:08:45 PM                                                                                                                    
SENATOR STEDMAN asked  how the phases move forward  and who makes                                                               
those decisions--the foreman or the board of directors.                                                                         
                                                                                                                                
MR. LEMIEUX  said the standard  approach is to create  a decision                                                               
review   board  with   expertise  that   is  objective   and  not                                                               
necessarily  involved  in  the  project.  It  also  includes  key                                                               
stakeholders who  will own  the project.  It is  typically senior                                                               
management determining if  the team is doing a good  job. He said                                                               
his legacy  is Unocal,  and it  was bought  by Chevron.  He asked                                                               
what was  going wrong that  it got  purchased by Chevron,  and he                                                               
concluded  Unocal was  not good  at project  management with  the                                                               
large  projects on  the horizon,  and  senior management  decided                                                               
that the projects  would have more value in a  company that could                                                               
execute the projects more effectively.                                                                                          
                                                                                                                                
4:11:52 PM                                                                                                                    
MR. LEMIEUX  said it  is a  real eye-opener to  see the  rigor of                                                               
another  company. The  phase-gate decision  must be  made by  the                                                               
right people  who have a vested  interest in the outcome  and who                                                               
have some objectivity,  he emphasized. It is  absolutely not done                                                               
at the working team level, he stated.                                                                                           
                                                                                                                                
4:12:30 PM                                                                                                                    
SENATOR  WAGONER asked  what new  technology,  other than  higher                                                               
compression, he was referring too.                                                                                              
                                                                                                                                
TIM  HOUSTON, Commercial  Management,  Alaska  Chevron, said  the                                                               
proposed operating pressures are  higher and diameters are larger                                                               
than exists  anywhere else. More  steel or higher  strength steel                                                               
is needed,  so it is  new technology  because it hasn't  yet been                                                               
applied, he said.                                                                                                               
                                                                                                                                
SENATOR WAGONER  said that  technology is  not known  yet because                                                               
that project may not [indisc.]. That  was last year when that was                                                               
being discussed,  and whoever  brings up a  proposal may  come up                                                               
with  something different.  There  are a  lot  of [indisc.]  inch                                                               
lines.  "I'm  just trying  to  find  out,  other than  those  two                                                               
variables, what would be the other technologies."                                                                               
                                                                                                                                
4:14:20 PM                                                                                                                    
MR. HOUSTON  said if it were  a 48-inch line at  1,500 pounds, it                                                               
runs into a  more expensive project and it might  not fit some of                                                               
the other  parameters. "It's all a  matter of trying to  pick the                                                               
right decisions from  a number of different  combinations to come                                                               
up with an overall fit."                                                                                                        
                                                                                                                                
REPRESENTATIVE SAMUELS  asked about the review  board process and                                                               
if the  same process is followed  if Chevron is just  bidding gas                                                               
into somebody else's pipeline.                                                                                                  
                                                                                                                                
4:15:10 PM                                                                                                                    
MR. LEMIEUX  said each  company has its  own culture,  and within                                                               
Chevron  that  way of  thinking  permeates  all elements  of  the                                                               
business. It is a standard process for any decision, he said.                                                                   
                                                                                                                                
REPRESENTATIVE SAMUELS  said between  an open season  and Federal                                                               
Energy Regulatory  Commission (FERC)  certification, if  the open                                                               
season doesn't  have enough gas to  get the financing to  build a                                                               
line,  "and  we  continue  down the  road  to  the  certification                                                               
anyway,  what work  is being  done along  those lines?"  How much                                                               
detail is  required to get certified  by FERC, he asked,  and how                                                               
much work  needs to get  done after an  open season that  did not                                                               
have enough gas bid into it?                                                                                                    
                                                                                                                                
MR. HOUSTON  said regulatory approval requires  sufficient market                                                               
support and enough of a finding to  be able to view that it would                                                               
be used and useful  and in the public interest. So  if only 60 or                                                               
70 percent  is there, but the  rest is expected, and  the project                                                               
proponent is willing to go through  the permit process, it can do                                                               
so and not build until the numbers are there.                                                                                   
                                                                                                                                
4:17:56 PM                                                                                                                    
REPRESENTATIVE SAMUELS said, "You  assume that Congress said that                                                               
there is  a need, and you  did not need FTs  [firm transportation                                                               
commitments]  to go  through. And  you have  an open  season that                                                               
fails, how much can you design  a project without talking to your                                                               
customers  about their  needs? If  I know  I am  going to  ship 4                                                               
[bcf] of gas, and the first open  season fails, but I know that I                                                               
need to ship 4  [bcf] of gas, can I design  a pipeline that would                                                               
ship 4 [bcf] of gas without  being a huge problem to my customers                                                               
at the other  end if I did  not include them in  the design work,                                                               
if Congress has assumed that the need for the pipeline exists?"                                                                 
                                                                                                                                
MR.  HOUSTON said  the  pipeline has  to meet  the  needs of  its                                                               
customers, and there are many  terms and conditions that go along                                                               
with the  service that's  being provided.  The provisions  in the                                                               
contract and  the mechanisms  are best  worked out  by discussion                                                               
and  through  alignment of  the  stakeholders  rather than  being                                                               
dictated by  one of the  parties at the  table, he stated.  It is                                                               
important to try  to understand the customer's  needs rather than                                                               
reduce the risk of the pipeline at the expense of the customers.                                                                
                                                                                                                                
4:19:19 PM                                                                                                                    
SENATOR WIELECHOWSKI asked what Chevron thinks of the bill.                                                                     
                                                                                                                                
MR. LEMIEUX said  it is a great step forward  to engage people in                                                               
the  discussion and  how  to  frame the  project.  He wants  more                                                               
information.  The bill  can't change  the fundamental  economics,                                                               
and that is  important. "Do I understand what the  project is and                                                               
how it's going to make money  for the participants all the way up                                                               
and down the line?" He  said the bill brings forward inducements,                                                               
but he asked if it goes far  enough. He said everyone ought to be                                                               
happy to be on that path.                                                                                                       
                                                                                                                                
CHAIR HUGGINS asked for an  explanation of Chevron's presentation                                                               
connecting fiscal certainty with waiting for expansion.                                                                         
                                                                                                                                
4:21:45 PM                                                                                                                    
MR. LEMIEUX  said the project's timeframe  makes fiscal certainty                                                               
an important element. The greater  the fiscal certainty, the more                                                               
alignment  there will  be with  the participants.  He noted  that                                                               
fiscal  certainty  doesn't  mean lower  taxes,  only  predictable                                                               
ones. Ten years is a start, but it is not long enough.                                                                          
                                                                                                                                
CHAIR HUGGINS  said some people have  said that open season  is a                                                               
major risk  point in  a project  of this  magnitude. He  asked if                                                               
that is true, and what other risks are in AGIA.                                                                                 
                                                                                                                                
4:24:29 PM                                                                                                                    
MR.  HOUSTON said,  "If you've  met with  the customers  ahead of                                                               
time, if  you've designed  a package--terms  and conditions--that                                                               
is responsive to the needs  of the customers, and you've properly                                                               
gauged the  market as  far as  how much demand  there will  be so                                                               
that  your rough  design,  cost estimate,  and  schedule are  all                                                               
realistic for  that. And  then you  hold the  open season  and it                                                               
fails--that  would not  be good."  It would  mean the  market was                                                               
overestimated or there  was some other misalignment.  If the open                                                               
season succeeds, it validates that all assessments were right.                                                                  
                                                                                                                                
CHAIR HUGGINS  said multiple parties  have to make  decisions and                                                               
there's a risk  about decisions not going the way  you want them.                                                               
He asked what other places have risk in the AGIA process.                                                                       
                                                                                                                                
MR.  HOUSTON said  fiscal  certainty. Risk  for  the customer  is                                                               
different from  the pipeline  risk. The cost  of the  pipeline is                                                               
the  biggest risk  for the  customer, he  said. There  is a  wide                                                               
range of  pipeline costs  that people have  discussed, and  it is                                                               
quite scary.  The amount  of gas moving  through the  pipeline is                                                               
another question. Spreading the costs  over just 35 tcf will cost                                                               
twice what  70 tcf will  cost over the  life of the  pipeline. If                                                               
the pipeline will  recover the full costs from the  first 35 tcf,                                                               
it translates into more risk "for me as a customer."                                                                            
                                                                                                                                
4:27:43 PM                                                                                                                    
MR. HOUSTON said the schedule is  another risk. The date when the                                                               
pipeline is  ready is  important. Chevron has  to spend  money to                                                               
get the  gas ready to move  because it will have  to start paying                                                               
for that  capacity on a certain  date, he explained. The  risk is                                                               
in  pre-investing.  All parameters  have  a  risk component  that                                                               
falls to the customers, depending on the alignment.                                                                             
                                                                                                                                
CHAIR  HUGGINS  asked if  Chevron  were  an applicant,  could  it                                                               
predict the tariff.                                                                                                             
                                                                                                                                
MR.  HOUSTON  surmised that  over  90  percent of  projects  have                                                               
higher rates  when they go  into service than what  the customers                                                               
were told to expect during the open seasons.                                                                                    
                                                                                                                                
MR. LEMIEUX  said one real risk  is around the ability  of Alaska                                                               
to become  aligned. It  is one  aspect of AGIA  that needs  to be                                                               
addressed.  He  worries  about the  alignment  of  the  pipeline,                                                               
producer, and Alaska.  He asked how the teamwork  will be managed                                                               
over the next few years so the open season won't be a surprise.                                                                 
                                                                                                                                
4:31:54 PM                                                                                                                    
SENATOR STEDMAN  said last  summer the  oil tax  was restructured                                                               
with a 20 percent investment  tax credit to stimulate exploration                                                               
and expansion in  the North Slope basin. And he  asked if that is                                                               
motivating Chevron to explore.                                                                                                  
                                                                                                                                
MR. LEMIEUX  said he doesn't  perceive that the PPT  structure is                                                               
changing  Chevron's investment  strategy  in  Alaska. About  Cook                                                               
Inlet, he said, "The recognition  that there are opportunities to                                                               
redevelop the  oil and  given the  macro-economics of  oil today,                                                               
that that made a  lot of sense…It is turning out  to have a large                                                               
implication to  how we view  individual decisions.  Obviously the                                                               
individual  decisions  then  roll  up into  the  large  strategic                                                               
positions  that the  company takes.  So I  know it's  embedded in                                                               
there, but it is not quite  as explicit as perhaps you might have                                                               
characterized it in  you question." He was not sure  that the tax                                                               
credit was driving behavior or activity.                                                                                        
                                                                                                                                
4:34:26 PM                                                                                                                    
SENATOR STEDMAN  said if you  don't need it,  we will be  glad to                                                               
take it back.                                                                                                                   
                                                                                                                                
4:35:45 PM                                                                                                                    
REPRESENTATIVE  SAMUELS  asked  what  Chevron  thinks  about  the                                                               
rolled-in tariffs of 15 percent over the original rate.                                                                         
                                                                                                                                
MR.  HOUSTON  replied  that  different   parts  of  Chevron  have                                                               
different  views   on  how  appropriate  rolled-in   tariffs  are                                                               
compared to  incremental. He said the  15 percent is set  up as a                                                               
cap  to limit  rolled-in  rates,  so he  is  not  quite sure  how                                                               
incremental rates  would work  once that cap  is reached.  If the                                                               
stakeholders  have  allocated  the  risks  and  there  are  other                                                               
benefits to  offset the risks, it  makes sense. If it  is layered                                                               
on top of an  existing arrangement, it may not fit.  It has to be                                                               
approached from an overall alignment perspective, he stated.                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS asked  about  other  places that  Chevron                                                               
does business. Canada rolls in its  tariffs, so what would be the                                                               
difference if Alaska did it.                                                                                                    
                                                                                                                                
MR. HOUSTON replied that it depends  on the allocation of all the                                                               
other risks  and if it  meets all the other  stakeholders' needs.                                                               
He said Chevron Canada loves rolled-in rates.                                                                                   
                                                                                                                                
4:38:44 PM                                                                                                                    
MR.  LEMIEUX said  AGIA provides  a nice  step to  get an  active                                                               
conversation  going  on  how  to move  the  project  forward.  It                                                               
doesn't change the economic fundamentals,  and it is important to                                                               
know the  economic drivers.  Some of the  areas that  will create                                                               
alignment are  covered through AGIA,  and other areas  need work.                                                               
Chevron is  still assessing the  inducements on the  economics of                                                               
the  project. It  hasn't  had the  time  to do  the  work on  the                                                               
economics, he concluded.                                                                                                        
                                                                                                                                
4:41:15 PM                                                                                                                    
CHAIR  HUGGINS  thanked  the  witnesses   for  being  candid  and                                                               
forthright.  The cost,  parameters, and  timelines are  important                                                               
and need to be thought through.                                                                                                 
                                                                                                                                
The committee took an at-ease from 4:42:17 PM to 4:46:15 PM.                                                                
                                                                                                                                
DAVID  KEANE, Vice  President, Policy  and Corporate  Affairs, BG                                                               
North America, said Alaska presents  a lot of opportunity for BG.                                                               
He said BG  is an integrated gas major, and  its primary interest                                                               
is to find natural gas and monetize  it. BG has a long history in                                                               
natural gas and was once  the monopoly provider in Great Britain.                                                               
It now  explores and  produces all  over the  world. It  also has                                                               
income  from  liquefied natural  gas  (LNG)  and  is one  of  the                                                               
largest transmitters  and distributors of natural  gas in Brazil,                                                               
India, and  Buenos Aires.  BG's market cap  is about  $45 billion                                                               
U.S. dollars.  As an  integrated gas major,  BG's strategy  is to                                                               
secure resources,  which is  why it is  in Alaska.  North America                                                               
and Europe is its market focus.  It is building markets in Brazil                                                               
and Bolivia, and Bolivia is a  tough place to do business, "so we                                                               
are happy to be in Alaska."                                                                                                     
                                                                                                                                
4:50:14 PM                                                                                                                    
MR. KEANE  said BG is the  largest supplier of LNG  to the United                                                               
States; it  supplied nearly  50 percent in  2006. The  global gas                                                               
trade is important  to Alaska. Up until just  recently there were                                                               
just three  regions for  supplying natural  gas around  the world                                                               
and they didn't intermix. Producers  in North America didn't send                                                               
to another continent. Australian gas  stayed in the Far East. But                                                               
today  the   market  has  evolved  considerably.   "You  have…the                                                               
beginnings  of a  global  gas  trade, and  BG  is  really in  the                                                               
vanguard of that  global gas trade," he stated,  "and Alaska does                                                               
have  a window  of opportunity  in order  to secure  some of  the                                                               
demand in the Lower 48."                                                                                                        
                                                                                                                                
4:52:27 PM                                                                                                                    
MR. KEANE  said BG is  heavily involved in Trinidad,  Tobago, and                                                               
Egypt. He emphasized that BG is  "a project company and a heavily                                                               
engineering company." He said Atlantic  LNG is one of the largest                                                               
providers of  LNG to  the world,  and 73 percent  of all  the LNG                                                               
coming into the U.S. comes  from Trinidad and Tobago. The company                                                               
took  lessons  learned there  and  applied  them to  projects  in                                                               
Egypt, "and  we brought Egyptian  LNG train-one on stream  a good                                                               
six months before  it was scheduled and it was  under budget." BG                                                               
has 100  percent of the  entry capacity  at the Lake  Charles LNG                                                               
import terminal, and that was the  impetus to move "our center of                                                               
excellence for  our LNG  business from the  UK to  Houston, where                                                               
today  we also  manage  all of  our  shipping businesses."  After                                                               
acquiring  that capacity,  the base-load  send-out went  from 630                                                               
mcf  per  day to  1.8  bcf  per  day,  primarily because  of  the                                                               
projects that BG has sponsored with  its partner. He spoke of the                                                               
Elba  Island  import  terminal   and  gas  supplies  to  northern                                                               
Florida.  It will  be the  first time  that northeastern  Florida                                                               
will have gas  from somewhere other than the Gulf  of Mexico. "As                                                               
we  found  out  during  Hurricanes   Katrina  and  Rita,  it  was                                                               
absolutely critical because of our  ability to divert some of our                                                               
cargos that were destined for Lake Charles to Elba Island."                                                                     
                                                                                                                                
4:55:13 PM                                                                                                                    
MR. KEANE  showed a slide  of the U.S.  LNG imports, and  said BG                                                               
has been its largest supplier in  the last four years. That might                                                               
change in a few years with  all the big projects coming on stream                                                               
from the Gulf  of Mexico. BG's pipelines include  five ships that                                                               
it owns. He  said BG is partnering with  Anadarko and PetroCanada                                                               
in  the foothills  of  the  North Slope.  There  are 2.1  million                                                               
acres,  and  exploration is  expected  to  begin next  year.  The                                                               
partners are  building a rig  to move  there to do  the drilling,                                                               
where there  are good  prospects for  finding gas.  "It is  a new                                                               
frontier  for BG."  It hopes  to be  able to  participate in  the                                                               
pipeline.  "We are  a leading  player  in the  natural gas  chain                                                               
throughout the  world. We support  the pipeline contract,  and as                                                               
my colleagues from Chevron said, I  think that we have to insure,                                                               
as a  new explorer,  that we have  access to  pipeline capacity."                                                               
That  is critical  when looking  at North  Slope investments,  he                                                               
stated. He said there are real opportunities.                                                                                   
                                                                                                                                
4:58:40 PM                                                                                                                    
MR. KEANE said  he is an optimist and nothing  has changed in the                                                               
supply picture  since last year,  and "if everybody was  going to                                                               
show  up last  year, why  wouldn't they  show up  this year?"  He                                                               
believes Alaska  will get  to an  open season  and there  will be                                                               
participants to  sign up for  capacity. He said BG  supports AGIA                                                               
as the vehicle to start the ball rolling.                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  referred to the prior  testifiers and asked                                                               
if AGIA  gets the players in  alignment or if changes  need to be                                                               
made.                                                                                                                           
                                                                                                                                
MR.  KEANE agreed  that  alignment is  important.  "You have  the                                                               
water trough and it is full, and  I'm not sure what you can do to                                                               
lead all horses  to water." He thinks AGIA is  a good opportunity                                                               
and  "once we  see what  the applicants  provide, and  BG is  not                                                               
going to  be an  applicant, I think  there are  opportunities for                                                               
everybody  to  sit down  and  discuss  what  the real  issues  or                                                               
concerns are." It is a good way to begin discussions, he said.                                                                  
                                                                                                                                
5:01:02 PM                                                                                                                    
REPRESENTATIVE SAMUELS  noted that  BG owns pipelines  around the                                                               
world. "Would you be willing to put your $500 million up?"                                                                      
                                                                                                                                
MR. KEANE said  he can't answer that question. BG  will not be an                                                               
applicant,  but he  believes AGIA  is  an inducement  to get  the                                                               
serious  pipeline  companies  involved   and  an  opportunity  to                                                               
demonstrate that  Alaska is serious  about bringing  this project                                                               
forward. When independent pipeline  companies come in, this mega-                                                               
project will require  a tremendous effort on a  number of fronts.                                                               
An independent pipeline company will  need to spend $1 billion to                                                               
get the $500 million, he surmised.  There is a lot of regulatory,                                                               
permitting, and  environmental work  "that will  have to  go into                                                               
developing what  we're all going  to be sitting down  and talking                                                               
about at the end  of the day, which are the  tariffs and what the                                                               
project will look like." It is a good inducement.                                                                               
                                                                                                                                
REPRESENTATIVE SAMUELS  said, "But you're  not going to  come and                                                               
play."                                                                                                                          
                                                                                                                                
5:02:44 PM                                                                                                                    
MR. KEANE said BG will sign up  for capacity once it finds out it                                                               
has gas supply.                                                                                                                 
                                                                                                                                
SENATOR  STEDMAN said  $500  million shows  a  commitment by  the                                                               
state. He asked if there are other ways of showing commitment.                                                                  
                                                                                                                                
5:03:25 PM                                                                                                                    
MR. KEANE  said the bill is  a show of commitment,  including the                                                               
speed  with which  it  came to  the  legislature. The  governor's                                                               
staff talking to the players is also a show of commitment.                                                                      
                                                                                                                                
SENATOR STEDMAN noted  that BG does projects all  over the world,                                                               
including Kazakhstan and  Bolivia. Many feel that  Alaska is very                                                               
stable, and  there have  been comments that  don't quite  line up                                                               
with  that.  He asked  Mr.  Keane's  opinion of  Alaska's  fiscal                                                               
stability.                                                                                                                      
                                                                                                                                
MR.  KEANE said  Alaska has  a lot  to offer  in terms  of fiscal                                                               
stability. "That  doesn't mean that  I wouldn't want to  see some                                                               
fiscal certainty in  bringing gas to the surface  and getting gas                                                               
to markets." He believes Alaska  offers a great deal of political                                                               
and fiscal certainty for new explorers.                                                                                         
                                                                                                                                
5:05:09 PM                                                                                                                    
CHAIR HUGGINS noted that BG was  drilling for oil and looking for                                                               
gas  in Alaska.  He  surmised  that BG  would  like a  successful                                                               
pipeline, an expansion  to accommodate the gas  BG discovers, and                                                               
a low tariff. Mr. Keane said  he agreed. Chair Huggins asked, "As                                                               
a  company with  an international  presence, what  can you  do to                                                               
help  us  out on  the  front  end of  this  process  to get  that                                                               
pipeline that you can put your gas in at that low rate?"                                                                        
                                                                                                                                
MR.  KEANE said  BG is  very interested  in participating  in the                                                               
discussions.  Once the  applicant  is chosen,  BG  wants to  have                                                               
numerous  opportunities to  interact with  the state  and federal                                                               
authorities in terms of pipeline  design and rate structure. AGIA                                                               
is a  good vehicle  for beginning that  process. He  doesn't know                                                               
what the economics will look like,  but he would like low tariffs                                                               
in order  to get the  gas to market  in a competitive  manner. It                                                               
will require tremendous effort by all participants, he said.                                                                    
                                                                                                                                
5:07:41 PM                                                                                                                    
CHAIR  HUGGINS said  he  assumes  that his  company  has made  an                                                               
estimate of the costs of this project.                                                                                          
                                                                                                                                
MR. KEANE said it will cost a lot.                                                                                              
                                                                                                                                
SENATOR WAGONER  said BG is  encouraging the state to  enter into                                                               
discussion with  independent pipeline  companies. He  asked about                                                               
working with the producers instead.                                                                                             
                                                                                                                                
5:08:32 PM                                                                                                                    
MR.  KEANE said  BG prefers  an independent  pipeline company  to                                                               
develop and manage  the pipeline. As a new explorer,  it gives BG                                                               
a great  deal of comfort for  getting access to the  pipe once BG                                                               
finds gas.  He has  heard concerns  that an  independent pipeline                                                               
company won't be  monitoring the costs, "but we're  a producer as                                                               
well and we  will be a shipper  on the pipeline, and  we will not                                                               
allow a  pipeline company  to gold plate  a system."  He believes                                                               
FERC will do  a good job determining what will  be allowed in the                                                               
rate base. Everyone will be able  to provide comments to FERC, he                                                               
explained.                                                                                                                      
                                                                                                                                
5:10:09 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  the difference  between  having  an                                                               
independently-owned pipeline or a producer-owned pipeline.                                                                      
                                                                                                                                
MR. KEANE  said the big  difference is that the  independent will                                                               
increase revenue  by increasing throughput  and will want  to see                                                               
companies like  BG get capacity  on the  pipeline and ship  it to                                                               
market. It may  not be an advantage to a  producer to give others                                                               
access to  the pipeline. BG  would rather  have an owner  with an                                                               
incentive  to  increase throughput  rather  than  an owner  whose                                                               
incentive for increasing revenues would be by decreasing it.                                                                    
                                                                                                                                
SENATOR STEDMAN  said FERC  testified that  it didn't  matter who                                                               
owned the  pipe as far as  "how they're going to  rank folks that                                                               
are going  to have  access to it."  He asked Mr.  Keane if  he is                                                               
saying  that  the  rate  base  will  be  structured  and  managed                                                               
different from FERC standards.                                                                                                  
                                                                                                                                
MR. KEANE  said it  will be  regulated and the  rates set  by the                                                               
FERC, so it won't, now, be  managed any differently. "In terms of                                                               
whether it  should be a producer  or not goes back  to really our                                                               
concerns that we had with the contract from last year."                                                                         
                                                                                                                                
SENATOR STEDMAN asked  who owns the other  large pipelines around                                                               
the world.  Is it common  for major  producers to be  involved in                                                               
the construction of a pipeline and then divest themselves of it?                                                                
                                                                                                                                
5:12:59 PM                                                                                                                    
MR.  KEANE  said it  varies.  In  the  U.S. it  is  predominantly                                                               
independent pipeline  companies transporting natural gas.  In the                                                               
early 1980s,  FERC forced  those companies  to allow  open access                                                               
and mandated access to available  capacity for companies that had                                                               
their  own  gas  supply.  In  the 1990s,  Order  636  forced  the                                                               
pipelines  to  unbundle.  There  is  a  long  history  of  having                                                               
independent  third-party pipelines  that do  a very  good job  of                                                               
developing, managing  and operating pipelines. In  other parts of                                                               
the world,  it depends. Some  pipelines are  government operated.                                                               
The producers  will get involved  in building pipelines  when and                                                               
where it is necessary to get the product to market.                                                                             
                                                                                                                                
SENATOR STEDMAN asked  if Mr. Keane has the  impression that FERC                                                               
is not interested in the Arctic basin opening up.                                                                               
                                                                                                                                
5:14:47 PM                                                                                                                    
MR. KEANE said FERC is  absolutely committed to Alaska gas coming                                                               
into the lower 48. He said he is not sure what the basin is.                                                                    
                                                                                                                                
SENATOR  STEDMAN  asked if  FERC  is  interested in  having  more                                                               
exploration and development of the Arctic area.                                                                                 
                                                                                                                                
MR.  KEANE  said  he  didn't  know. "I  do  know  that  they  are                                                               
extremely interested  in and focused  on the Alaska  gas pipeline                                                               
getting built and supplying natural gas to the Lower 48.                                                                        
                                                                                                                                
CHAIR  HUGGINS said  his  interpretation is  that  AGIA makes  it                                                               
irrelevant in the evaluation process  because it will be based on                                                               
the capitalistic approach  in who brings the best  plan. "So what                                                               
the person or persons bring  forward would be irrelevant." One of                                                               
the beauties of AGIA is guaranteed access for BG; is that true?                                                                 
                                                                                                                                
5:16:26 PM                                                                                                                    
MR.  KEANE  said yes;  it  guarantees  that whoever  submits  the                                                               
application will have to provide access to the new explorers.                                                                   
                                                                                                                                
CHAIR HUGGINS  asked if  AGIA provides enough  access to  ship BG                                                               
gas in the future or if it could use modifications.                                                                             
                                                                                                                                
MR. KEANE  said it  does provide sufficient  access. AGIA  is the                                                               
mechanism  to encourage  applicants to  submit an  application to                                                               
build the  pipeline, and once  the applications come  in everyone                                                               
will  have a  better feel  for it.  He is  much more  comfortable                                                               
today than  he was 12  months ago  on getting access  to pipeline                                                               
capacity if BG finds gas on the North Slope.                                                                                    
                                                                                                                                
5:17:31 PM                                                                                                                    
CHAIR  HUGGINS surmised  that  it is  irrelevant  who builds  the                                                               
pipeline under AGIA because BG will get the access.                                                                             
                                                                                                                                
MR. KEANE said technically it  is irrelevant. But looking at this                                                               
mega-project,  clearly  anybody  can submit  an  application.  He                                                               
expects  some   of  the   "big  players"   will  apply.   If  the                                                               
applications meet BG's requirements,  then it wouldn't oppose it,                                                               
but his company needs certainty on access.                                                                                      
                                                                                                                                
CHAIR HUGGINS  asked if he would  have a higher level  of comfort                                                               
if there was a requirement to divest if the producers built it.                                                                 
                                                                                                                                
MR. KEANE said yes; he would be quite happy with that.                                                                          
                                                                                                                                
CHAIR HUGGINS  said he is  excited that BG  is excited. BG  has a                                                               
performance record and is the type of partner the state wants.                                                                  
                                                                                                                                
SENATOR  WAGONER asked  if the  producers will  pass up  the open                                                               
season if they don't own the pipeline.                                                                                          
                                                                                                                                
5:20:15 PM                                                                                                                    
MR. KEANE said he can't speak for the producers.                                                                                
                                                                                                                                
SENATOR WAGONER asked if BG would do that if it were a producer.                                                                
                                                                                                                                
MR.  KEANE replied  no. "If  I'm  involved in  the process  going                                                               
forward  and we  have a  seat at  the table  discussing what  the                                                               
design of  the pipeline will  be, what the tariff  structure will                                                               
be. … I don't see what's  changed between this year and last year                                                               
and in terms of how much  gas supply I have available and whether                                                               
or not I want  to get that supply to market. So  for BG…if we hit                                                               
the mother lode and find 10 tcf  of reserves, you can bet that we                                                               
will be bidding on putting 10 tcf of reserves in the pipeline."                                                                 
                                                                                                                                
CHAIR   HUGGINS  thanked   them   on  behalf   of  Alaskans   and                                                               
particularly the legislature for  their comments. He recessed the                                                               
meeting at 5:21:38 PM.                                                                                                        

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