Legislature(2007 - 2008)BUTROVICH 205

03/28/2007 03:30 PM Senate RESOURCES


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03:37:35 PM Start
03:38:52 PM SB104
07:13:50 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference <Listen Only> --
+= SB 104 NATURAL GAS PIPELINE PROJECT TELECONFERENCED
Heard & Held
Administration's Gas Team will be
Present
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         March 28, 2007                                                                                         
                           3:37 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                                                                                           
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03/16/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/16/07       (S)       Heard & Held                                                                                           
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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)       Heard & Held                                                                                           
03/21/07       (S)       MINUTE(RES)                                                                                            
03/21/07       (S)       RES AT 5:30 PM SENATE FINANCE 532                                                                      
03/21/07       (S)       Heard & Held                                                                                           
03/21/07       (S)       MINUTE(RES)                                                                                            
03/22/07       (S)       RES AT 4:15 PM FAHRENKAMP 203                                                                          
03/22/07       (S)       Heard & Held                                                                                           
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03/23/07       (S)       RES AT 1:30 PM BUTROVICH 205                                                                           
03/23/07       (S)       Heard & Held                                                                                           
03/23/07       (S)       MINUTE(RES)                                                                                            
03/24/07       (S)       RES AT 1:00 PM SENATE FINANCE 532                                                                      
03/24/07       (S)       Heard & Held                                                                                           
03/24/07       (S)       MINUTE(RES)                                                                                            
03/24/07       (S)       RES AT 3:00 PM SENATE FINANCE 532                                                                      
03/24/07       (S)       Heard & Held                                                                                           
03/24/07       (S)       MINUTE(RES)                                                                                            
03/26/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/26/07       (S)       Heard & Held                                                                                           
03/26/07       (S)       MINUTE(RES)                                                                                            
03/27/07       (S)       RES AT 3:00 PM BUTROVICH 205                                                                           
03/27/07       (S)       Heard & Held                                                                                           
03/27/07       (S)       MINUTE(RES)                                                                                            
03/28/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
Commissioner Tom Irwin                                                                                                          
Department of Natural Resources (DNR)                                                                                           
Juneau AK                                                                                                                       
POSITION STATEMENT: Available for questions                                                                                   
                                                                                                                                
Commissioner Patrick Galvin                                                                                                     
Department of Revenue (DOR)                                                                                                     
POSITION STATEMENT: Available for questions                                                                                   
                                                                                                                                
Deputy Commissioner Marty Rutherford                                                                                            
Department of Natural Resources (DNR)                                                                                           
POSITION STATEMENT: Available for questions                                                                                   
                                                                                                                                
Kevin Banks, petroleum market analyst                                                                                           
Department of Natural Resources (DNR)                                                                                           
POSITION STATEMENT: Available for questions                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  CHARLIE  HUGGINS  called  the  Senate  Resources  Standing                                                             
Committee  meeting  to order  at  3:37:35  PM. All  members  were                                                             
present at the call to order.                                                                                                   
                                                                                                                                
              SB 104-NATURAL GAS PIPELINE PROJECT                                                                           
                                                                                                                                
3:38:52 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  announced SB 104  to be up for  consideration, and                                                               
said that  the question is  where to  go on how  to commercialize                                                               
Alaska's gas.                                                                                                                   
                                                                                                                                
3:39:09 PM                                                                                                                    
                                                                                                                                
Department   of  Revenue   (DOR)  Commissioner   Patrick  Galvin,                                                               
Department  of Natural  Resources (DNR)  Commissioner Tom  Irwin,                                                               
and Deputy  Commissioner Marty Rutherford  Department of  the DNR                                                               
introduced themselves.                                                                                                          
                                                                                                                                
3:40:46 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  IRWIN  thanked  the  committee for  its  time,  and                                                               
commented  on the  appropriateness and  preparedness of  AGIA and                                                               
the  people working  on it;  the  state has  framed its  position                                                               
well, and is  telling different businesses they are  all going to                                                               
be  treated  fairly. Leverage  is  the  big issue.  The  previous                                                               
administration  showed how  a lot  of failures  can happen;  time                                                               
limits are dangerous.                                                                                                           
                                                                                                                                
3:45:17 PM                                                                                                                    
                                                                                                                                
He remarked  that a lot  of the producer presenters  really would                                                               
like to take  AGIA apart so that  the state would go  back to the                                                               
previous  administration's  failed  negotiations.  However,  they                                                               
refuse  to  define  the  issues,  which they  should  do  as  the                                                               
companies' heads. Fiscal stability is  not a term with an obvious                                                               
definition.  The   TransCanada  testimony  was   interesting  and                                                               
encouraging  because that  company was  starting to  leverage the                                                               
state, and it doesn't want more  money that will create a greater                                                               
risk.  Another major  player has  also said  it doesn't  want too                                                               
much money from the state.                                                                                                      
                                                                                                                                
3:49:09 PM                                                                                                                    
                                                                                                                                
He referenced Enbridge's comments  regarding failed open seasons,                                                               
and said it's important to remember  that that can happen and the                                                               
process  shouldn't  be ended  there.  If  AGIA is  minimized  the                                                               
competition for the  pipes goes away, and the state  will be hurt                                                               
severely.  Each company  is talking  about the  risks versus  the                                                               
rewards;  a lot  has  been learned  about  different tariffs  and                                                               
expansion. The state needs to keep an eye on the competition.                                                                   
                                                                                                                                
3:51:38 PM                                                                                                                    
                                                                                                                                
He  reemphasized  that   he  is  supportive  of   AGIA,  and  the                                                               
administration  is  willing  to  work  with  the  legislature  on                                                               
creating healthy competition.                                                                                                   
                                                                                                                                
3:52:19 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said he didn't  have much to add;  he wasn't                                                               
surprised by testimony from the  interested parties. AGIA needs a                                                               
few clarifying amendments.                                                                                                      
                                                                                                                                
3:54:21 PM                                                                                                                    
                                                                                                                                
MS. RUTHERFORD said she was there to respond to questions.                                                                      
                                                                                                                                
3:55:02 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS said  that  the  bill was  to  be  heard by  three                                                               
different committees,  and each should  make as much  progress as                                                               
possible. He referenced  the inducements and said  that no entity                                                               
but the administration says they  are a must-have; that's a point                                                               
of contention that needs to be addressed.                                                                                       
                                                                                                                                
3:55:51 PM                                                                                                                    
                                                                                                                                
SENATOR  MCGUIRE  asked if  it  would  be  alright to  begin  the                                                               
discussion section by section.                                                                                                  
                                                                                                                                
CHAIR HUGGINS replied that that was the plan.                                                                                   
                                                                                                                                
3:56:40 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN  said that  the  $500  million is  meant  to                                                               
induce some behavior;  TransCanada said it did not  see the value                                                               
in the inducements  in terms of required  FERC certification. The                                                               
previous day  TransCanada had clarified its  position: while from                                                               
the corporate perspective  there isn't value in  moving beyond an                                                               
unsuccessful open  season, the state  would have value  in moving                                                               
from open season  to certification. The state  needs the leverage                                                               
on  the producers  to move  through an  open season  and on  to a                                                               
certificate; someone  needs to be  committed to move  the project                                                               
forward and remove uncertainties. A  participant can't be able to                                                               
drive  the  state  into  a  leverage position  by  virtue  of  an                                                               
unsuccessful open season.                                                                                                       
                                                                                                                                
3:59:41 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS said he didn't  see any companies saying they would                                                               
go on to pursue a FERC certificate.                                                                                             
                                                                                                                                
COMMISSIONER GALVIN replied that  the administration still needed                                                               
to hear  from MidAmerica on  that issue. TransCanada did  not say                                                               
it wouldn't  pursue a FERC  certificate; it said it  would rather                                                               
let the state figure out how to get further.                                                                                    
                                                                                                                                
4:01:21 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS said  that TransCanada had said it  would refuse to                                                               
pursue a certificate in a theoretical situation.                                                                                
                                                                                                                                
COMMISSIONER GALVIN explained that  TransCanada is maximizing its                                                               
position;  every company  wants to  do so.  The state  can't just                                                               
roll over  on its ideas.  Companies have  to be pushed  to accept                                                               
risks.                                                                                                                          
                                                                                                                                
4:03:35 PM                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  the $500  million is  a must-have                                                               
for the administration, and if the amount should change.                                                                        
                                                                                                                                
MS. RUTHERFORD  answered that  it is  a must-have,  and explained                                                               
that no lesser amount would do.                                                                                                 
                                                                                                                                
4:06:00 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN added that the  state wouldn't want to commit                                                               
the full amount if a company  is willing to go without the money.                                                               
What  the  state  anticipates  is   a  change  in  the  company's                                                               
perceived  risk  after open  season;  the  state can't  allow  an                                                               
unsuccessful open season stop this project.                                                                                     
                                                                                                                                
4:06:34 PM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN said  no company has testified that  it needs the                                                               
$500 million.                                                                                                                   
                                                                                                                                
SENATOR MCGUIRE  said she heard  TransCanada say  the inducements                                                               
would factor  into its decision;  the company's concern  was with                                                               
post-open season risk-sharing rates.                                                                                            
                                                                                                                                
4:07:35 PM                                                                                                                    
SENATOR STEDMAN  said his recollection  was that  the inducements                                                               
weren't needed, but the company would  take them. The issue is if                                                               
the company  is to be  forced to go  beyond a failed  open season                                                               
and the business  wants to terminate. If an  arbitrator rules for                                                               
the  state, the  business partner  would pull  out and  repay the                                                               
state.  He asked  if that  scenario  would be  correct under  the                                                               
definition of abandonment.                                                                                                      
                                                                                                                                
4:08:30 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN said  he heard  TransCanada say  it did  not                                                               
want to have to commit to  go from an unsuccessful open season to                                                               
FERC  certification. If  they were  required to  do so,  the $500                                                               
million would be necessary.                                                                                                     
                                                                                                                                
SENATOR  STEDMAN  said  he  understood  differently;  TransCanada                                                               
wants  to work  until it  was  sure there  would be  a good  open                                                               
season.                                                                                                                         
                                                                                                                                
4:11:45 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN  said  $500   million  was  enough  to  keep                                                               
TransCanada going to a certification;  AGIA requires a company to                                                               
commit at the time of the licensing.                                                                                            
                                                                                                                                
4:13:10 PM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN  asked if a  company would have to  replace money                                                               
from the  state and hand  over documents  if it leaves  a project                                                               
considered economically feasible by an arbitrator.                                                                              
                                                                                                                                
COMMISSIONER GALVIN replied  that in such a  scenario the company                                                               
would  still be  bound by  the license.  The state  would recover                                                               
money, work  product, and  any damages available  by law  in that                                                               
case.                                                                                                                           
                                                                                                                                
4:14:44 PM                                                                                                                    
                                                                                                                                
SENATOR  WAGONER said  over the  years he  has heard  how gas  is                                                               
recycled to keep  oil production up, but he  remembers that there                                                               
is crossover  point where the gas  needs to be shipped;  he asked                                                               
for comment on that.                                                                                                            
                                                                                                                                
4:16:26 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN  said that  it's okay for  the state  to stand                                                               
for what it wants.                                                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI  said $500 million  is a shocking  amount to                                                               
many  Alaskans;  he  asked  what  kind of  money  the  state  was                                                               
incentivizing in the last contract.                                                                                             
                                                                                                                                
MS.   RUTHERFORD   replied   that  analysis   showed   that   the                                                               
quantifiable values were over $10 billion in 2005 dollars.                                                                      
                                                                                                                                
4:18:25 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS said the legislature never voted on that.                                                                         
                                                                                                                                
COMMISSIONER GALVIN said  the only reason to bring  the matter up                                                               
is because it's  an important lesson about what  happens when the                                                               
state  has  to  meet  the producer's  demands.  The  state  needs                                                               
leverage.  Companies   will  recognize   the  value   of  booking                                                               
reserves.                                                                                                                       
                                                                                                                                
SENATOR STEDMAN said  nothing in the bill  requires the applicant                                                               
to  build by  a  specific date;  that would  result  in a  failed                                                               
process. He asked  if other players besides the  main three could                                                               
finance the project, and why the state wouldn't deal with them.                                                                 
                                                                                                                                
4:22:35 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN replied  that  the three  producers are  the                                                               
only  ones  that have  sufficient  gas  to finance  the  project;                                                               
they're at  the point of seeing  how much more they  can get from                                                               
the state. The dialogue needs to  be changed, and the state needs                                                               
to tell the producers that they  won't be the only three entities                                                               
involved.                                                                                                                       
                                                                                                                                
4:24:59 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  remarked that that was  an important conversation,                                                               
and asked  the presenters to  talk about  how a licensee  will be                                                               
encouraged to move beyond an open season.                                                                                       
                                                                                                                                
4:26:50 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN  said  the   state  needs  to  require  FERC                                                               
certification;  the  project  can't be  characterized  as  simply                                                               
getting to an open season.                                                                                                      
                                                                                                                                
4:27:45 PM                                                                                                                    
                                                                                                                                
SENATOR  STEDMAN asked  Commissioner  Galvin to  restate why  the                                                               
state wouldn't want  to leave the process open for  a company not                                                               
wanting to build a pipeline under AGIA.                                                                                         
                                                                                                                                
4:28:32 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said that  was a good  question; AGIA  is an                                                               
inducement, but not an exclusive  opportunity to build a line. If                                                               
another project materialized, there  are opportunities within the                                                               
existing state framework to for  the applicant to come forward. A                                                               
project  that  meets  AGIA's  requirements   is  in  the  state's                                                               
interests  and therefore  should be  given the  benefits therein.                                                               
AGIA doesn't need to provide inducements for a non-AGIA project.                                                                
                                                                                                                                
CHAIR  HUGGINS said  that the  inducements  could be  given to  a                                                               
party not operating  under AGIA. He asked why  the state wouldn't                                                               
want to encourage an entity that came up with novel process.                                                                    
                                                                                                                                
MS. RUTHERFORD  said that the  authority for the  commissioner to                                                               
provide  a process  for  any development  project  is already  in                                                               
statute.                                                                                                                        
                                                                                                                                
4:32:38 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  referenced a section  of AGIA and asked  what kind                                                               
of timeline the extension has.                                                                                                  
                                                                                                                                
COMMISSIONER GALVIN  replied that the  administration established                                                               
a   five-year   timeline   for  getting   to   FERC   certificate                                                               
application;  approval  takes  18   months.  There  may  be  some                                                               
additional  work necessary  during the  application consideration                                                               
period.  The  money  the  state  will spend  is  capped  at  $500                                                               
million.                                                                                                                        
                                                                                                                                
4:35:55 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked  Commissioner Galvin to explain  a section of                                                               
the bill.                                                                                                                       
                                                                                                                                
COMMISSIONER GALVIN replied  that it applies to  the risk profile                                                               
on the project and how much  obligation the state will take on in                                                               
terms  of successful  or unsuccessful  open seasons.  The state's                                                               
not expecting  that no one  will complain about  the risk-sharing                                                               
in AGIA. An 80/20 split is as far  as the state is willing to go;                                                               
it will create  maximum potential participation. The  best way to                                                               
maximize the state's opportunity is  to not dictate the terms; it                                                               
will depend on the results of the open season.                                                                                  
                                                                                                                                
4:38:31 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  said he thought 80  percent was a little  too high                                                               
and  it  seems  the  state  got leveraged.  This  is  a  critical                                                               
juncture;  it's a  high-risk situation.  A producer  has said  it                                                               
wouldn't even be willing to spend  the 20 percent. His concern is                                                               
that the state could be leveraged in multiple ways.                                                                             
                                                                                                                                
COMMISSIONER  GALVIN   said  the  administration  has   the  same                                                               
concern; the  only way  to avoid  being leveraged  is to  get the                                                               
commitment up-front through the  requirements in the application.                                                               
The  pot  needs  to  be  sweet  enough  that  pipeline  companies                                                               
participate,  but it  can't be  so generous  that after  a failed                                                               
open season  the producers ask  for whatever they want.  AGIA has                                                               
enough inducements  that a pipeline  company will  commit through                                                               
an unsuccessful open season.                                                                                                    
                                                                                                                                
CHAIR HUGGINS  said that the  licensee could also just  walk away                                                               
from the deal.                                                                                                                  
                                                                                                                                
COMMISSIONER  GALVIN said  that if  a  company does  so it  risks                                                               
losing everything related to the project.                                                                                       
                                                                                                                                
4:42:45 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI asked  how  there could  be  a failed  open                                                               
season on an economically feasible  project, and what the outcome                                                               
of such would be.                                                                                                               
                                                                                                                                
4:44:00 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  IRWIN  said  nothing would  preclude  another  open                                                               
season.  In the  meantime, the  country needs  gas and  that's in                                                               
Alaska's favor.                                                                                                                 
                                                                                                                                
4:45:01 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN said  a  lot of  different  options are  out                                                               
there; if  everyone goes to  an open  season and then  stops, the                                                               
producers  are going  to  expect a  lot from  the  state to  keep                                                               
going.                                                                                                                          
                                                                                                                                
4:46:45 PM                                                                                                                    
                                                                                                                                
MS.  RUTHERFORD  commented  that  the  producers  are  reasonable                                                               
economic   players  in   terms  of   AGIA  leverage.   They  will                                                               
participate appropriately  as long as the  state doesn't continue                                                               
to make itself vulnerable to leveraging.                                                                                        
                                                                                                                                
COMMISSIONER  IRWIN clarified  that  he  respects the  companies;                                                               
they have a lot of good  employees. The problem is that recycling                                                               
the gas is becoming expensive.                                                                                                  
                                                                                                                                
4:49:03 PM                                                                                                                    
                                                                                                                                
KEVIN BANKS, Director,  Division of Oil and  Gas, DNR, introduced                                                               
himself.                                                                                                                        
                                                                                                                                
4:49:25 PM                                                                                                                    
                                                                                                                                
SENATOR  WAGONER asked  how much  gas  is being  recycled on  the                                                               
North Slope  now and how much  longer can it be  recycled without                                                               
affecting oil production.                                                                                                       
                                                                                                                                
MR. BANKS replied that Prudhoe Bay  is recycling six to eight bcf                                                               
per  day. Residual  gas is  being  used to  recover and  maintain                                                               
pressure; missible  injection is  scheduled to  stop in  2015. He                                                               
said he  didn't know  what the  exact timeline  would be,  but at                                                               
that time the producers will want to sell the gas.                                                                              
                                                                                                                                
4:51:50 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said he had  previously testified  about the                                                               
optic rate,  and no  one had  asked the  producers for  a turnoff                                                               
date. They don't have enough  information to say whether the rate                                                               
should be  increased or changed,  and there  is a risk  that they                                                               
could damage the reservoir eventually.  He has requested that the                                                               
AOGCC look at the issue.                                                                                                        
                                                                                                                                
4:53:33 PM                                                                                                                    
                                                                                                                                
MR. BANKS  reiterated that the administration  has requested that                                                               
the AOGCC examined the issue.                                                                                                   
                                                                                                                                
4:55:26 PM                                                                                                                    
                                                                                                                                
SENATOR  STEDMAN   said  there's  a  reasonable   chance  that  a                                                               
consortium would be  put together, and asked  how the legislature                                                               
would  give  a  company  $500 million  when  everyone  knows  the                                                               
project will be extremely profitable.                                                                                           
                                                                                                                                
COMMISSIONER GALVIN  said the  $500 million  creates competition,                                                               
and the  chance that  the producers would  lose their  control of                                                               
the  project. Ideally  the perceived  threat of  competition will                                                               
drive  a producer  to  agree  to a  project  that meets  Alaska's                                                               
needs.                                                                                                                          
                                                                                                                                
4:56:51 PM                                                                                                                    
                                                                                                                                
MS.  RUTHERFORD said  that if  the  $500 million  does what  it's                                                               
intended to, it  will be money well-spent.  Everyone will benefit                                                               
from lower tariffs.                                                                                                             
                                                                                                                                
4:58:12 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  said that there  are myriad ways that  could raise                                                               
costs.  The FERC  has  said it  wouldn't  be overly  enthusiastic                                                               
about having a company continue to certification.                                                                               
                                                                                                                                
COMMISSIONER  GALVIN  said  there   are  tight  requirements  for                                                               
getting to  open season  and FERC application.  The state  has to                                                               
compare that to the current  situation, with no timeline. The up-                                                               
front timeline  is driving the  applicants to decide  how they'll                                                               
commit to the  project. The five-year stipulation is  in case the                                                               
producers' gas  still isn't  committed to  the project,  which is                                                               
the worst-case scenario.                                                                                                        
                                                                                                                                
He added that pursuing a  FERC certificate without commitments is                                                               
obviously an  unfavorable path. The  administration is  trying to                                                               
avoid that by  providing inducements in the  initial open season.                                                               
Even  worse  than  that  would be  an  unsuccessful  open  season                                                               
followed by the participants wanting  the state to bail them out.                                                               
The  requirement of  FERC certification  is a  strategy to  avoid                                                               
this.                                                                                                                           
                                                                                                                                
5:02:33 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS said  that AGIA  could  end up  costing the  state                                                               
billions.                                                                                                                       
                                                                                                                                
COMMISSIONER GALVIN  responded that  Chair Huggins  was comparing                                                               
AGIA to a non-existent project; there's no basis for comparison.                                                                
                                                                                                                                
CHAIR HUGGINS  replied that  he agreed; he  just wanted  to point                                                               
out the high cost.                                                                                                              
                                                                                                                                
5:03:39 PM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN said  he has gotten the same  impression from his                                                               
meetings; the FERC didn't give  the impression they would like to                                                               
go through an open season to a certificate.                                                                                     
                                                                                                                                
MS. RUTHERFORD  agreed that  no one is  very excited  about that;                                                               
however  the FERC  does  recognize that  keeping  that door  open                                                               
would be in the state's and the nation's interest.                                                                              
                                                                                                                                
5:05:22 PM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN  said that  he wanted  to see  historical pricing                                                               
data on Henry  Hub Index gas prices over the  last several years;                                                               
at  some recent  point  there  was a  substantial  change in  gas                                                               
prices and thus the value of the basins.                                                                                        
                                                                                                                                
5:06:34 PM                                                                                                                    
                                                                                                                                
MS. RUTHERFORD replied  that they could get  him that information                                                               
and a  member of the  administration was available  for questions                                                               
on the subject.                                                                                                                 
                                                                                                                                
SENATOR  STEDMAN said  he's interested  in the  timeline and  the                                                               
impact of the revenue stream on the state.                                                                                      
                                                                                                                                
The committee took an at-ease from 5:08:22 PM to 5:25:06 PM.                                                                
                                                                                                                                
5:25:23 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS  said  it  is clear  that  different  people  hear                                                               
different things in  statements. He asked the  presenters to talk                                                               
about the  inducement act coordinator,  and said he  assumes that                                                               
the coordinator  is also available  for independent  projects not                                                               
coming through AGIA.                                                                                                            
                                                                                                                                
MS. RUTHERFORD said that was  correct, and said that the citation                                                               
provides for  the commissioner to streamline  such an alternative                                                               
process.                                                                                                                        
                                                                                                                                
CHAIR HUGGINS said  that it would be wise to  open up the process                                                               
for the coordinator.                                                                                                            
                                                                                                                                
COMMISSIONER  GALVIN said  the way  it is  envisioned, AGIA  will                                                               
result in  a tremendous  amount of activity  right away,  and the                                                               
AGIA  coordinator will  be taxed.  If an  alternative project  is                                                               
proposed, the  administration can provide a  coordinator to focus                                                               
on that project.                                                                                                                
                                                                                                                                
5:28:42 PM                                                                                                                    
                                                                                                                                
MS. RUTHERFORD added that the  coordination process for any large                                                               
resource development  project has elevated the  awareness of that                                                               
alternative. The  administration sees a lot  of different parties                                                               
asking about that process, so  the awareness and capabilities are                                                               
out there.                                                                                                                      
                                                                                                                                
CHAIR HUGGINS said  it is fair to say that  the position is based                                                               
on precedence  that there is  a federal coordinator  that already                                                               
exists,  but  without  much experience.  The  capability  is  the                                                               
important thing to exercise.                                                                                                    
                                                                                                                                
5:30:19 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said he doesn't  disagree, but  the position                                                               
is established  and is intended  to be an inducement  because the                                                               
administration  wants participants  to accept  its terms,  and it                                                               
would be  concerned if there was  a move to provide  all benefits                                                               
to any project.                                                                                                                 
                                                                                                                                
CHAIR HUGGINS  said he  would appreciate  an indication  of where                                                               
modifications might be planned in AGIA.                                                                                         
                                                                                                                                
5:31:07 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said that  Deputy Commissioner  Marcia Davis                                                               
was working  on amendment language  to be provided  the following                                                               
day; he wasn't prepared to talk about amendments that day.                                                                      
                                                                                                                                
CHAIR HUGGINS said  he understood, but wanted to  see those spots                                                               
at least acknowledged.                                                                                                          
                                                                                                                                
5:32:04 PM                                                                                                                    
                                                                                                                                
SENATOR  GREEN commented  on the  training program  and expressed                                                               
the same concern  with that as with the coordinator,  in terms of                                                               
it not being available to other projects.                                                                                       
                                                                                                                                
CHAIR HUGGINS  said that  was a  good point;  he would  hope that                                                               
some  of the  framework  put  together could  be  used for  other                                                               
things for the greater good of the state.                                                                                       
                                                                                                                                
COMMISSIONER  GALVIN  said  he sees  a  distinction  between  the                                                               
provisions, and he doesn't have  the same concern. A program will                                                               
be provided for any pipeline-related job.                                                                                       
                                                                                                                                
COMMISSIONER IRWIN  said that is a  real issue for the  state. He                                                               
is  not only  concerned about  workers for  the pipeline  but for                                                               
other industries around the state as well.                                                                                      
                                                                                                                                
5:33:53 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked the presenters for comment on abandonment.                                                                  
                                                                                                                                
COMMISSIONER  GALVIN  said  the   administration  is  looking  at                                                               
clarifying the arbitration  aspect; there needs to be  a bit more                                                               
substance to the process.                                                                                                       
                                                                                                                                
SENATOR  STEDMAN  asked for  an  explanation  of the  arbitration                                                               
process and how it would work if a company wants out.                                                                           
                                                                                                                                
5:35:09 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN said the intent  is to provide an opportunity                                                               
for  recognition that  a project  isn't economic  and there's  no                                                               
further  reason  to  continue  to   spend  money,  and  also  the                                                               
possibility that one party will  take the position of uneconomic-                                                               
ness  and the  other  party might  not agree.  The  intent is  to                                                               
provide a way  to select an arbitrator and then  have that person                                                               
rule on the decision. The  other element is further refinement of                                                               
the term  uneconomic; there shouldn't  be an impasse  that cannot                                                               
be overcome.  The issue  goes hand  in hand  with violation  of a                                                               
lease.                                                                                                                          
                                                                                                                                
5:37:38 PM                                                                                                                    
                                                                                                                                
SENATOR STEVENS asked  about a situation wherein  the state would                                                               
want out and the industry wouldn't.                                                                                             
                                                                                                                                
COMMISSIONER GALVIN said that is  an extremely unlikely scenario;                                                               
the administration is providing the opportunity for symmetry.                                                                   
                                                                                                                                
COMMISSIONER  IRWIN said  a contract  should  treat both  parties                                                               
equally.                                                                                                                        
                                                                                                                                
5:38:40 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  said it  makes him nervous  that it's  agreed upon                                                               
up-front to pay the $500 million.                                                                                               
                                                                                                                                
COMMISSIONER GALVIN said that stipulation  insures that the state                                                               
isn't going  to create  an out for  itself; it  demonstrates that                                                               
terminating a license will not be a unilateral decision.                                                                        
                                                                                                                                
5:40:07 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS  asked where  Commissioner  Galvin  might see  the                                                               
scenario unfolding on the timeline.                                                                                             
                                                                                                                                
COMMISSIONER GALVIN said he thinks  there is no particular likely                                                               
place.  From a  licensee standpoint,  there would  be concern  it                                                               
would  happen before  an open  season due  to producer  pressure.                                                               
They  would  also  be  in   a  leveraged  position  if  the  FERC                                                               
certificate  is achieved  and  the  state decides  to  go with  a                                                               
producer deal. The  state also wants to avoid  being leveraged by                                                               
requiring forward progress on the project.                                                                                      
                                                                                                                                
5:42:52 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  asked about any  concerns in a  particular section                                                               
of the bill.                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN said there is  a judicial challenge risk, and                                                               
the administration  is trying to develop  language regarding what                                                               
can be appealed  or challenged. At some point there  should be an                                                               
ability to cut  off challenging, and the bill  will reflect that.                                                               
Constitutional limitations are being examined.                                                                                  
                                                                                                                                
5:45:16 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS  asked  about  state  procurement  code  regarding                                                               
independent contractors.                                                                                                        
                                                                                                                                
COMMISSIONER GALVIN  said the ability  to use that code  would be                                                               
appreciated. The  administration recognizes that  such provisions                                                               
were embedded in  the stranded gas act, but it  did not feel that                                                               
it  would be  appropriate to  put that  in AGIA.  The overarching                                                               
process  was  placed within  the  procurement  code, but  it  was                                                               
decided not to mention it specifically.                                                                                         
                                                                                                                                
5:46:32 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN  commented on  the language  in the  bill, and                                                               
said that the administration is trying not to lose momentum.                                                                    
                                                                                                                                
CHAIR HUGGINS asked about another section of the bill.                                                                          
                                                                                                                                
COMMISSIONER  GALVIN commented  on a  part of  the bill  that was                                                               
technically questionable,  and said  that there  are a  number of                                                               
different  elements that  the administration  is trying  to clean                                                               
up.                                                                                                                             
                                                                                                                                
CHAIR HUGGINS said it would be  prudent for the committee to wait                                                               
for the changes to be made available.                                                                                           
                                                                                                                                
5:49:32 PM                                                                                                                    
                                                                                                                                
He then asked for comment about certain dates and deadlines.                                                                    
                                                                                                                                
COMMISSIONER GALVIN said  the intent is to  require commitment to                                                               
an open  season. That  is one  of the must-haves  and one  of the                                                               
primary objects  of the inducements  is the project  moving ahead                                                               
under  schedule. It's  not requiring  anyone to  break ground  or                                                               
complete construction,  because that  would be  unreasonable, and                                                               
the schedule  would drive the project  with artificial deadlines;                                                               
however  it is  reasonable to  ask for  open season  date, and  a                                                               
company can commit to that in  return for the inducements. If not                                                               
it would be in violation of the agreement.                                                                                      
                                                                                                                                
CHAIR HUGGINS asked what happens when a company is in violation.                                                                
                                                                                                                                
5:51:52 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said that if the  value to the state  is not                                                               
diminished, the commissioners can  allow for modification. If the                                                               
project  does  not meet  those  requirements  the state  gives  a                                                               
notice of violation and if  the violations are not corrected, the                                                               
state gets  its money back,  collects damages, and  decides where                                                               
to  go from  there. The  best-case  scenario is  that they  would                                                               
abide  by  a  subsequent  deadline  and  would  demonstrate  non-                                                               
diminishment of the value of the project.                                                                                       
                                                                                                                                
5:52:52 PM                                                                                                                    
                                                                                                                                
SENATOR GREEN asked where that information was cited.                                                                           
                                                                                                                                
COMMISSIONER GALVIN referenced the page.                                                                                        
                                                                                                                                
CHAIR HUGGINS asked if two elements of the bill were congruent.                                                                 
                                                                                                                                
COMMISSIONER GALVIN replied yes.                                                                                                
                                                                                                                                
5:53:45 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked about definitions  of terms on that page, and                                                               
if they could be moved.                                                                                                         
                                                                                                                                
COMMISSIONER GALVIN said that was a drafting decision.                                                                          
                                                                                                                                
SENATOR STEDMAN said  that in the case of a  binding open season,                                                               
there's clearly interest  in having open seasons  after first gas                                                               
to  allow  other  companies  in.  He asked  for  comment  on  the                                                               
construction process happening through open season.                                                                             
                                                                                                                                
5:54:57 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN said  initial open season will  take place in                                                               
the  first three  years, and  FERC certification  will happen  by                                                               
year  five.  When open  season  comes  about,  there will  be  an                                                               
opportunity to  expand the line  design, and it may  happen early                                                               
on, or  it may  need to  be scheduled after  the first  flow. The                                                               
bill  is  protecting  from forced  expansion  which  could  delay                                                               
initial gas flow.                                                                                                               
                                                                                                                                
5:56:54 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked how a  particular provision differed from its                                                               
FERC counterpart.                                                                                                               
                                                                                                                                
COMMISSIONER  GALVIN  said he  would  have  to  get back  to  the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR  HUGGINS  asked  for  data   on  the  15-percent  threshold                                                               
provision, and said he has heard that it may not be possible.                                                                   
                                                                                                                                
5:58:01 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN said that he  hadn't heard that statement, and                                                               
would be  consulting with the  drafters to  find out if  that was                                                               
proprietary or replicable.                                                                                                      
                                                                                                                                
MS. RUTHERFORD noted that the  threshold was modeled with outside                                                               
consultants and the administration could provide that data.                                                                     
                                                                                                                                
SENATOR STEVENS  referenced a requirement about  rolled-in rates,                                                               
and  asked if  it is  appropriate that  the state  get into  that                                                               
business if the FERC could handle it.                                                                                           
                                                                                                                                
5:59:34 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN said that the FERC  has the final say and the                                                               
state is not  trying to take its authority.  Having the applicant                                                               
provide  for a  certain result  does  impact how  the FECR  feels                                                               
about the issue;  it has to justify its actions.  While the state                                                               
does defer to  the FERC, it wants to insure  that the application                                                               
is favorable to the state.                                                                                                      
                                                                                                                                
MS.  RUTHERFORD added  that just  as the  upstream producers  are                                                               
concerned   about  royalty   versus  regulation,   similarly  the                                                               
executive branch  is concerned about rolled-in  rates imbedded in                                                               
regulation. It will  affect that as much as it's  able to because                                                               
of  the  interest  to  the   state.  The  modeling  isn't  superb                                                               
providing rolled-in  rates for expansion shippers  is critical to                                                               
exploration and development.                                                                                                    
                                                                                                                                
6:02:05 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN  said  he   had  talked  about  getting  the                                                               
explorers to be  confident that they will get their  gas into the                                                               
line at a  reasonable time and rate. The state  doesn't have that                                                               
insurance if  defers to  the FERC; that  level of  uncertainty is                                                               
enough to prevent  explorers from drilling the  well. Ideally the                                                               
explorer  could rely  on the  state's assurance  and not  have to                                                               
worry  about that  drawn-out  process; the  gas  could be  moving                                                               
within three years of discovery.                                                                                                
                                                                                                                                
6:04:09 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked  if any difficulties are  foreseen in getting                                                               
applicants to agree to AGIA provisions.                                                                                         
                                                                                                                                
COMMISSIONER GALVIN said it is  incumbent on the state to package                                                               
both requirements  and benefits. The  state can't expect  to hear                                                               
from applicants that  everything in the bill is  fine; then there                                                               
wouldn't be value  in pushing them to accept it.  The elements of                                                               
the bill are meant to be beneficial to the state.                                                                               
                                                                                                                                
CHAIR  HUGGINS  said that  Enbridge  was  not kidding  about  not                                                               
applying under the  current form of AGIA; the state  may run that                                                               
risk with  other players as  well. He suggested  reexamining that                                                               
risk.                                                                                                                           
                                                                                                                                
6:07:28 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said Enbridge  made its position  clear from                                                               
the beginning.                                                                                                                  
                                                                                                                                
COMMISSIONER IRWIN  added that there  have been  many discussions                                                               
and the ultimate  goal is to get gas to  market while encouraging                                                               
as many participants as possible.                                                                                               
                                                                                                                                
SENATOR  STEDMAN asked  if  any other  companies  have said  they                                                               
would participate even if producers didn't commit gas.                                                                          
                                                                                                                                
6:09:19 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN said  that  TransCanada  doesn't expect  the                                                               
producers to commit  gas before it invests  money, and MidAmerica                                                               
will likely say  the same thing. The issue with  Enbridge is that                                                               
it doesn't play the game that  way; it works closely with the oil                                                               
and gas  companies to  build a  project, and  it is  very upfront                                                               
about that. Its desire is for  the state to do anything necessary                                                               
to get the producers to commit their gas upfront.                                                                               
                                                                                                                                
SENATOR  STEDMAN  said  there  seems  to  be  only  three  viable                                                               
entities that have  the financing and the gas to  build the line;                                                               
it's a  limited group  that can  finance. The  midstream entities                                                               
are TransCanada, MidAmerica  and Enbridge; he asked  if that list                                                               
is down to one.                                                                                                                 
                                                                                                                                
6:11:42 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said unless  there are surprises,  there are                                                               
three   alternatives  to   the  producers   doing  the   project.                                                               
TransCanada  did  not  take  itself   out  of  the  picture,  and                                                               
MidAmerica  can be  expected  to participate  as  well. What  the                                                               
state needs to get  out of AGIA is a company  willing to move the                                                               
project forward; it has certain  requirements that are hurdles to                                                               
companies. They  don't want obligations  because they  are solely                                                               
for  the  state's  benefit.  The   key  is  competition,  and  an                                                               
alternative  to  the  three  big producers.  The  state  needs  a                                                               
company  to  move  ahead,  and  some  company  will  be  willing;                                                               
competition is what it is all about.                                                                                            
                                                                                                                                
6:14:47 PM                                                                                                                    
                                                                                                                                
MS. RUTHERFORD  said AGIA  will lead  to a  project truly  in the                                                               
state's  interest, but  it  doesn't  mean a  basin  will ever  be                                                               
developed. TAPS  is a  model for  what not to  do; it  has driven                                                               
away major  players. The state  doesn't want that type  of model;                                                               
it  wants  a  project  in  the  state's  interest  with  adequate                                                               
tariffs.                                                                                                                        
                                                                                                                                
COMMISSIONER GALVIN  said he can't  stress enough that  the state                                                               
needs  a   tough  stance;  not  having   control  over  expansion                                                               
provisions would  mean the state  would have no control  over the                                                               
project which is essential to Alaska's long-term future.                                                                        
                                                                                                                                
6:17:06 PM                                                                                                                    
                                                                                                                                
SENATOR  STEDMAN asked  if AGIA  was written  for one  mid-stream                                                               
company.                                                                                                                        
                                                                                                                                
COMMISSIONER GALVIN  replied it  absolutely was not.  It provides                                                               
reasonable  terms for  the  producers  and mid-stream  companies.                                                               
There may  also be  other players watching  from afar  that might                                                               
surprise the  state. The  state can't just  favor a  company with                                                               
certain aspects.  They all  need a  chance to  apply so  they all                                                               
feel a need  to compete; the companies are going  to have to come                                                               
to terms  with what  the state  is asking for,  and it  can't get                                                               
what it wants if there's no competition.                                                                                        
                                                                                                                                
6:19:12 PM                                                                                                                    
                                                                                                                                
SENATOR GREEN asked for clarification on TransCanada's position.                                                                
                                                                                                                                
COMMISSIONER  GALVIN   said  the   company  has  said   it  would                                                               
participate to  get to open  season, but it  was not sure  it saw                                                               
the value  in going from  an unsuccessful  open season to  a FERC                                                               
certificate; it would prefer to put that money somewhere else.                                                                  
                                                                                                                                
6:20:51 PM                                                                                                                    
                                                                                                                                
SENATOR GREEN asked if TransCanada  was the company that said "no                                                               
customers, no credit, no pipeline".                                                                                             
                                                                                                                                
CHAIR HUGGINS confirmed that.                                                                                                   
                                                                                                                                
COMMISSIONER GALVIN  said that is  important to  distinguish that                                                               
Enbridge said  "no producers, no pipeline".  The producers aren't                                                               
the customer on  the line. There is a movement  in the gas market                                                               
to have  the consumer group  make the shipping  commitments; what                                                               
TransCanada was saying  is it needs customers; the  credit is the                                                               
negotiable part. TransCanada is saying it  wants to go to an open                                                               
season  and if  the  producers don't  come it  will  turn to  the                                                               
state. The state  is saying no; it wants to  drive the project to                                                               
the FERC  certificate. The federal  government can play  its role                                                               
and ask  why the producers  aren't participating. Stopping  at an                                                               
open season is not in the state's interest.                                                                                     
                                                                                                                                
6:24:01 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN  said that  an applicant's  desire must  be to                                                               
get  the  line built.  There  will  be  a  lot of  real  business                                                               
activity  once an  applicant  is selected,  and  the state  looks                                                               
forward to that.                                                                                                                
                                                                                                                                
SENATOR GREEN asked if a customer is the same as a producer.                                                                    
                                                                                                                                
CHAIR  HUGGINS said  no. He  said that  he heard  that a  certain                                                               
company's  ability  to participate  in  the  Alaskan project  was                                                               
diminished, but  that was debatable;  he asked if  other pipeline                                                               
companies might come forward.                                                                                                   
                                                                                                                                
MS. RUTHERFORD said the administration  has not had conversations                                                               
with other  companies, but  other parties are  said to  have been                                                               
watching the process closely.                                                                                                   
                                                                                                                                
6:26:47 PM                                                                                                                    
                                                                                                                                
SENATOR  STEDMAN said  it  would  be hard  to  finance a  project                                                               
without using the  wherewithal of the three majors;  there may be                                                               
utility companies without f/t commitments.                                                                                      
                                                                                                                                
COMMISSIONER GALVIN  said it  is a  matter of  who makes  the f/t                                                               
commitments, not who puts up the  money. If the gas is there, and                                                               
everyone knows it is, participants will  bank on it; they make an                                                               
offer to  buy gas at  the wellhead and  make a commitment  to pay                                                               
for the shipping.  The rate-payers are going to  make the payment                                                               
that backs up the legitimacy of the commitment.                                                                                 
                                                                                                                                
SENATOR  STEDMAN  asked  for  a  list  of  utilities  that  could                                                               
bankroll a $30 million project.                                                                                                 
                                                                                                                                
COMMISSIONER GALVIN  said that MidAmerica would  know about that.                                                               
If the  state asks today  which companies  are ready and  able to                                                               
compete  with the  producers to  build the  pipeline, the  answer                                                               
would be that  no one is immediately willing to  sign on; that is                                                               
why  the  producers  have  the  state over  a  barrel.  The  true                                                               
question is,  if the state  can move  the project ahead,  what is                                                               
the  possibility  that  it  coming to  fruition  will  drive  the                                                               
aggregate of utilities to pursue that option?                                                                                   
                                                                                                                                
SENATOR STEDMAN said  that didn't answer his  question; he wanted                                                               
to see  a list of the  utilities that could finance  this project                                                               
without the backing of BP,  ConocoPhillips and Exxon. The project                                                               
is a  huge one,  and it  would be  surprising if  one of  the big                                                               
three wasn't needed for financing.                                                                                              
                                                                                                                                
6:31:06 PM                                                                                                                    
                                                                                                                                
MS. RUTHERFORD said the presenters  didn't have that information,                                                               
and were  not suggesting  that that would  be the  scenario; they                                                               
have  simply  heard that  there  may  be  utilities that  may  be                                                               
willing to take f/t commitments in  an open season so they have a                                                               
secured supply  of gas; that's  very different from  building the                                                               
project, but it helps build the line.                                                                                           
                                                                                                                                
SENATOR  STEDMAN  said  he  would   believe  that  scale  of  f/t                                                               
commitments.                                                                                                                    
                                                                                                                                
6:32:57 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS said the committee would meet again on Friday.                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI asked  where the  $18 billion  federal loan                                                               
guarantee factored  into the discussion, and  which parties might                                                               
be eligible for it.                                                                                                             
                                                                                                                                
COMMISSIONER GALVIN  said while there is  potential for utilities                                                               
to take a position, the  administration recognizes that the three                                                               
producers are  the focus.  Moving the  project ahead  creates the                                                               
opportunity  for  others  to  take  a part  in  it.  The  federal                                                               
government  has made  a substantial  offer  for loan  guarantees;                                                               
what nobody knows  is the real cost of making  that commitment. A                                                               
major  point   of  discussion  will   be  the   perceived  credit                                                               
worthiness of  the project. The  balance that everyone  is trying                                                               
to find  is creating a  project that generates  credit worthiness                                                               
that will make  for a good loan guarantee price  that the federal                                                               
government is willing to buy.                                                                                                   
                                                                                                                                
6:36:04 PM                                                                                                                    
                                                                                                                                
He said  that the administration  is suggesting that  the state's                                                               
interest is in  allowing the project to continue to  move so that                                                               
all options  can be  fully explored.  The federal  government can                                                               
choose to  fill in  the fiscal gap,  which is  currently unknown.                                                               
What the  state needs  is to ensure  that commercial  and federal                                                               
participants are willing  to invest in the process.  The state is                                                               
changing the  dynamic so  that it's  not just  the state  and the                                                               
producers in the game any more.                                                                                                 
                                                                                                                                
6:38:26 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS  asked  if  there   is  any  relationship  between                                                               
completion of the pipeline and loan guarantees.                                                                                 
                                                                                                                                
MS. RUTHERFORD said there have  not been regulations promulgated;                                                               
there's  nothing  in  legislation   that  deals  with  completion                                                               
issues. There  has been  discussion about  the potential  for the                                                               
federal  loan guarantee  being used  as a  mitigator for  project                                                               
completion risk, cost overrun risk, or a failed open season.                                                                    
                                                                                                                                
CHAIR  HUGGINS said  there will  be a  new president;  that could                                                               
change things.                                                                                                                  
                                                                                                                                
SENATOR MCGUIRE  talked about a handout  from ConocoPhillips, and                                                               
said that all the listed projects  are under a column for finance                                                               
sponsors; partnering  is not an unprecedented  concept. She asked                                                               
what the  administration will  do in  terms of  the RFA,  and she                                                               
said she hopes  it will include submitting a  letter inviting all                                                               
pipeline companies to participate.                                                                                              
                                                                                                                                
MS. RUTHERFORD said  it is hoped that coalitions  will be formed,                                                               
and  the state  will try  to reach  out to  potential applicants.                                                               
However it won't be a long list.                                                                                                
                                                                                                                                
6:43:00 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN observed that the  bill does have a provision                                                               
for the partial signing of  interest in the license, because most                                                               
projects are not completed by only  one entity. The state is very                                                               
cognizant of that fact; it's  in the state's interest to continue                                                               
to move  towards FERC certification  and bring more  players into                                                               
the game.                                                                                                                       
                                                                                                                                
COMMISSIONER  IRWIN  said  that  is the  flurry  of  activity  he                                                               
previously  talked  about; people  want  to  invest. He  had  the                                                               
privilege  of  visiting  the American  Gas  Association  and  its                                                               
excitement was  huge. The  need for energy  is going  through the                                                               
roof; other  resources have  issues, and Alaska  is sitting  on a                                                               
premium.  He commented  that  it was  interesting  that the  loan                                                               
guarantee escalates to keep up with the cost of steel.                                                                          
                                                                                                                                
6:46:08 PM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN said that without  the three producers, the state                                                               
can't build anything.  Without one producer coming  to the table,                                                               
it can't get financing.                                                                                                         
                                                                                                                                
6:47:12 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN  said there  are real  business opportunities,                                                               
and the state needs to be fair.                                                                                                 
                                                                                                                                
COMMISSIONER  GALVIN  said the  administration  is  not saying  a                                                               
company will come in and pull the  money out of the bank to build                                                               
the pipeline.  The state needs  a project in which  the producers                                                               
will want to participate. The  state cannot afford to satisfy all                                                               
the producer's demands. It has to  change where it is going or it                                                               
will be  right back  to square  one if it  builds toward  an open                                                               
season and  then stops. At that  point the state will  be just as                                                               
vulnerable as it is now.                                                                                                        
                                                                                                                                
6:49:04 PM                                                                                                                    
                                                                                                                                
SENATOR  STEDMAN said  there's a  mechanical process  in building                                                               
the line, and TransCanada said  it has experience building and it                                                               
doesn't need help. However, producers are needed to finance it.                                                                 
                                                                                                                                
COMMISSIONER  GALVIN  said TransCanada  isn't  going  to ask  the                                                               
producers to finance the line, but  it will ask them to commit to                                                               
it.                                                                                                                             
                                                                                                                                
SENATOR STEDMAN said that if  Exxon is the only producer, shipper                                                               
pay is the financial mechanism.                                                                                                 
                                                                                                                                
6:50:38 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN clarified  that the  commitment to  ship the                                                               
gas is  the key. There is  security in the commitment,  but it is                                                               
the commitment  to move  the gas that  will finance  the project.                                                               
The producers will  have to make a business decision  on the rate                                                               
of  return. Simply  put, they  are holding  out now  because they                                                               
want more from the state.                                                                                                       
                                                                                                                                
6:52:01 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS  said  that  a  small  difference  in  debt  ratio                                                               
percentage points is probably worth more than $500 million.                                                                     
                                                                                                                                
MS. RUTHERFORD  said the $500  million is for moving  the project                                                               
to open season and FERC  certification. The debt equity structure                                                               
is  a  factor in  ensuring  the  lowest possible  tariffs,  which                                                               
benefits  shippers. The  $500 million  helps  the winning  entity                                                               
defray risks. The  way that AGIA is structured,  the $500 million                                                               
couldn't be rolled in to the tariff structure.                                                                                  
                                                                                                                                
CHAIR  HUGGINS said  tariffs were  considered  in the  inducement                                                               
rationale.                                                                                                                      
                                                                                                                                
COMMISSIONER GALVIN  said that  a five  percent change  in tariff                                                               
structure  would equal  $600 million  to the  state; ten  percent                                                               
would  be  around  $1.2  billion.  Chair  Huggins'  statement  is                                                               
correct  and   the  debt-to-equity  ratio  is   probably  a  more                                                               
substantial driver to the value of the state.                                                                                   
                                                                                                                                
6:54:59 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked why the rate  shouldn't be changed to a 75/25                                                               
ratio.                                                                                                                          
                                                                                                                                
COMMISSIONER  GALVIN said  there's  a balance  between the  must-                                                               
haves  and what  could be  competed for.  Anything lower  than 70                                                               
percent would  be unfair  to the state.  Moving it  upwards means                                                               
running the risk of a company  meeting all criteria but wanting a                                                               
75 percent rate.                                                                                                                
                                                                                                                                
6:56:21 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  said that other  pipeline companies  had suggested                                                               
ratios of 75/35 and 80/20.  Based on those conversations he would                                                               
want to change the numbers immediately.                                                                                         
                                                                                                                                
COMMISSIONER GALVIN  said the  decision is  not for  the pipeline                                                               
companies  to make;  the producers  shouldn't be  excluded simply                                                               
because the rate is too high.                                                                                                   
                                                                                                                                
SENATOR STEDMAN asked  if there could be amendment  on that issue                                                               
to make  sure the  gas treatment  plant is  included, as  well as                                                               
year-round jobs.                                                                                                                
                                                                                                                                
6:58:21 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said it  is his  opinion that  requiring the                                                               
building  of  a  gas  treatment   plan  under  AGIA  would  cause                                                               
companies to  not participate  in the  process. The  language has                                                               
been adjusted to allow for  inclusion of the gas treatment plant;                                                               
as part  of the application  the company  would have to  agree to                                                               
the same debt-to-equity ratio.                                                                                                  
                                                                                                                                
COMMISSIONER  IRWIN  said at  no  time  in his  participation  in                                                               
previous negotiations were the producers  ever willing to discuss                                                               
the debt ratio. That may have changed.                                                                                          
                                                                                                                                
SENATOR  STEDMAN  said the  lower  the  equity position  and  the                                                               
tariff, the better the state's advantage.                                                                                       
                                                                                                                                
MS.  RUTHERFORD said  that what  emerged in  the contract  didn't                                                               
have any  reference to the  commercial structure, but  she agreed                                                               
with Senator Stedman.                                                                                                           
                                                                                                                                
7:00:25 PM                                                                                                                    
                                                                                                                                
SENATOR  STEVENS said  that in  coastal Alaska  propane is  truly                                                               
important, that  he wanted to know  more about taking it  off the                                                               
line and having  it delivered, and asked if there's  been a study                                                               
on that.                                                                                                                        
                                                                                                                                
COMMISSIONER  GALVIN  said  the Alaska  Natural  Gas  Development                                                               
Authority  has looked  at off-take  points and  methods to  bring                                                               
propane to  communities; it identified methods  of transport like                                                               
shipping down rivers or tidewaters.                                                                                             
                                                                                                                                
SENATOR STEVENS said North Slope gas is rich in propane.                                                                        
                                                                                                                                
7:02:37 PM                                                                                                                    
                                                                                                                                
COMMISSIONER IRWIN  said that is  an issue that is  important and                                                               
all  Alaska  wants  cheap  energy but  would  be  satisfied  with                                                               
economic  energy.  With the  pipeline  Alaska  can prosper;  it's                                                               
important for the state's future.                                                                                               
                                                                                                                                
CHAIR HUGGINS  said the  number of delivery  points on  the Yukon                                                               
Rover is arbitrary.                                                                                                             
                                                                                                                                
7:04:18 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  said he heard multiple  times not to be  too hasty                                                               
in the application process; maybe  there is a novel approach that                                                               
hasn't been brought up yet.                                                                                                     
                                                                                                                                
COMMISSIONER  GALVIN said  the application  guidelines are  must-                                                               
haves and  it's absolutely  sure the  state has  to have  them to                                                               
move  forward. The  administration is  not  going to  get into  a                                                               
negotiation  over what  applicants are  providing. The  producers                                                               
just  want broad  objectives which  put the  state in  a position                                                               
where other pressures are brought to  bear. In this process, if a                                                               
company wants  to be involved, it's  up to the applicant  to meet                                                               
the must haves.                                                                                                                 
                                                                                                                                
7:07:31 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS said  they had  already agreed  that if  a company                                                               
goes in  another direction  from AGIA, it  could still  build the                                                               
project.                                                                                                                        
                                                                                                                                
COMMISSIONER GALVIN  said with regard  to the training,  that was                                                               
correct; the administration won't be  closing the door to anybody                                                               
who wants to  build a pipeline; the incentives  are only attached                                                               
to AGIA, however.                                                                                                               
                                                                                                                                
CHAIR  HUGGINS said  there  is  a big  contrast  between the  two                                                               
options; some companies  may have ideas that are  better than the                                                               
state's.                                                                                                                        
                                                                                                                                
COMMISSIONER  GALVIN   said  the  administration   isn't  putting                                                               
solutions  for  dealing  with the  requirements  into  AGIA.  The                                                               
companies can  use their  creativity to solve  the way  they meet                                                               
the requirements.                                                                                                               
                                                                                                                                
7:09:32 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN said  the administration  is  happy to  make                                                               
amendments  to   many  aspects  of   the  bill,  but   there  are                                                               
fundamentals  to AGIA,  including  the incentives  and the  must-                                                               
haves. If those were to be taken away AGIA would not work.                                                                      
                                                                                                                                
CHAIR  HUGGINS  said  that  is   the  administration's  frame  of                                                               
reference.                                                                                                                      
                                                                                                                                
7:11:07 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN said  the state  has concerns  about keeping                                                               
applications confidential.  It intends to provide  for the entire                                                               
application to  be made public  once the decision  for acceptance                                                               
is  made; applications  would only  be  confidential before  that                                                               
time.  In most  such  processes, the  winning  applicant is  made                                                               
public  and  the losers  are  not,  but the  administration  will                                                               
require all to be made public.                                                                                                  
                                                                                                                                
CHAIR  HUGGINS  said  that  the  committee  wouldn't  talk  about                                                               
application criteria at that point in time.                                                                                     
                                                                                                                                
COMMISSIONER IRWIN said the administration has put in much time                                                                 
and effort into AGIA, and it is passionate about it.                                                                            
                                                                                                                                
CHAIR HUGGINS said the legislature is a cooperative entity.                                                                     
There being no further business to come before the committee, he                                                                
adjourned the meeting at 7:13:50 PM.                                                                                          
                                                                                                                                

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