Legislature(2007 - 2008)BUTROVICH 205

01/28/2008 03:30 PM Senate RESOURCES


Download Mp3. <- Right click and save file as

Audio Topic
03:35:51 PM Start
03:37:23 PM the Alaska Natural Gas Pipeline
05:06:23 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: TELECONFERENCED
Drue Pearce, Federal Coordinator, Alaska
Natural Gas Transportation Projects
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                        January 28, 2008                                                                                        
                           3:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Charlie Huggins, Chair                                                                                                  
Senator Bert Stedman, Vice Chair                                                                                                
Senator Lyda Green                                                                                                              
Senator Lesil McGuire                                                                                                           
Senator Bill Wielechowski                                                                                                       
Senator Thomas Wagoner                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gary Stevens                                                                                                            
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Joe Thomas                                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Drue   Pearce,   Federal    Coordinator,   Alaska   Natural   Gas                                                               
Transportation Projects                                                                                                         
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to consider                                                                                                  
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DRUE   PEARCE,   Federal    Coordinator,   Alaska   Natural   Gas                                                               
Transportation Projects                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  CHARLIE  HUGGINS  called  the  Senate  Resources  Standing                                                             
Committee meeting to order at 3:35:51  PM. Present at the call to                                                             
order  were  Senators   Stedman,  Green,  Wielechowski,  McGuire,                                                               
Wagoner and Huggins.                                                                                                            
                                                                                                                                
3:37:23 PM                                                                                                                    
CHAIR HUGGINS reviewed Drue Pearce's resources background.                                                                      
                                                                                                                                
^The Alaska Natural Gas Pipeline                                                                                                
3:37:57 PM                                                                                                                    
DRUE   PEARCE,   Federal    Coordinator,   Alaska   Natural   Gas                                                               
Transportation Projects,  presented a  power point on  the Alaska                                                               
natural gas  pipeline. She said  she would  give them an  idea of                                                               
the sort of cooperative efforts she  would be leading as they all                                                               
work toward their mutual goal  of commercializing Alaskan's North                                                               
Slope gas.                                                                                                                      
                                                                                                                                
MS. PEARCE said the natural  gas line project is unprecedented in                                                               
size  and scope.  A highway  configuration  is approximately  450                                                               
percent longer than  the Trans Alaska Pipeline  System (TAPS); it                                                               
has  a  couple  of  international boundary  crossings  that  need                                                               
cross-border  coordination.  It's  much  bigger  than  a  typical                                                               
large-diameter transmission  pipeline and at the  moment both the                                                               
AGIA  applicant  and   the  alternative  ConocoPhillips  proposal                                                               
contemplate building a 48-inch line  that will be entirely buried                                                               
along  much of  the route  (going through  permafrost) except  at                                                               
certain  river  crossings  and   in  seismic  hazard  areas.  The                                                               
pipeline  project will  go through  three different  provinces in                                                               
Canada:  the Yukon,  British Columbia  and  Alberta. The  Alaskan                                                               
portion is  a little less  than 800  miles; the Canadian  side is                                                               
even longer.                                                                                                                    
                                                                                                                                
3:39:49 PM                                                                                                                    
She  said the  original federal  legislation authorizing  the gas                                                               
pipeline was passed in 1976 -  even before the startup of TAPS in                                                               
1977. The entire  project was not developed due to  the high cost                                                               
of construction and the low price of gas.                                                                                       
                                                                                                                                
MS.  PEARCE  said a  pipeline  was  built  under the  old  Alaska                                                               
Natural  Gas  Transportation  Act  (ANGTA);  it  was  called  the                                                               
prebuild  and  consisted  of  over  1500  miles  of  natural  gas                                                               
pipeline bringing gas  out of Alberta and the Alberta  Hub to the                                                               
Lower  48. The  Department  of the  Interior issued  right-of-way                                                               
(ROW) to  Northwest in 1980 and  that is in existence  today. The                                                               
present Alaska  Natural Gas Transportation System  (ANTGS) ROW is                                                               
owned exclusively by TransCanada.                                                                                               
                                                                                                                                
The Alaska Natural Gas Pipeline Act  of 2004 and 2007 Energy Bill                                                               
technical  amendments  brought  her agency  into  existence.  She                                                               
explained  that  the  Energy Bill  didn't  go  through  Congress,                                                               
however, so the 2004 act was  attached to a Department of Defense                                                               
appropriations bill, which  worked. So the Office  of the Federal                                                               
Coordinator (OFC) was  created. It did a number  of other things;                                                               
it says that  the ANGTA certificate that is  owned by TransCanada                                                               
continues  to be  valid; Congress  reaffirmed  that validity.  It                                                               
also says  that applications to  build a pipeline can  come under                                                               
the Natural Gas Act and  those applications would come to Federal                                                               
Energy Regulatory  Commission (FERC)  for licensing. It  bans the                                                               
over-the-top  route  that  would   connect  our  North  Slope  by                                                               
pipeline  to   the  MacKenzie  Delta   pipeline  and   bring  gas                                                               
presumably to the Lower 48. It  confirmed the public need and the                                                               
downstream capacity; so an applicant  doesn't have to reestablish                                                               
that.  It  authorized a  loan  guarantee  program  of up  to  $20                                                               
billion. It authorized an alternative construction study.                                                                       
                                                                                                                                
3:43:50 PM                                                                                                                    
It  directed FERC  to  create  open season  rules,  which it  has                                                               
completed   and  promulgated.   It   names  FERC   as  the   lead                                                               
environmental  agency  if  an  application  comes  in  under  the                                                               
Natural  Gas Act.  The  FERC  would be  the  lead  agency on  the                                                               
Environmental Impact  Statement (EIS) for  National Environmental                                                               
Policy Act (NEPA). The  EIS FERC would do also has  to act as the                                                               
paperwork for  all the other  federal agencies to  issue permits,                                                               
rights-of-way, their certificates or  whatever each agency has to                                                               
do.                                                                                                                             
                                                                                                                                
3:44:36 PM                                                                                                                    
Two amendments  under the  2007 Energy  bill, which  just passed,                                                               
allow her office  to run more easily.  For one, it has  a Title V                                                               
exemption for  hiring federal employees.  Her employees  will get                                                               
all  the  benefits  of  federal   employees,  but  they  will  be                                                               
considered  to be  administratively  directed so  when she  hires                                                               
someone it  can be just for  a period of time.  This is important                                                               
because  the  sort   of  expertise  she  will   need  during  the                                                               
permitting phase  will be very  different from the  expertise she                                                               
will need  when doing inspections during  the construction phase.                                                               
She  sees her  staffing peaking,  going back  down and  peaking a                                                               
second time with  the higher peak during  the construction phase.                                                               
She also has reimbursement authority  so contractors will pay the                                                               
costs that are directly attributable to their application.                                                                      
                                                                                                                                
3:46:21 PM                                                                                                                    
MS.  PEARCE  explained that  the  2004  federal tax  package  had                                                               
accelerated  depreciation  for  the   pipeline,  but  not  a  gas                                                               
processing  plant. However,  it allows  an enhanced  oil recovery                                                               
tax credit for a gas processing  plant that also produces CO2 for                                                               
reinjection into the fields.                                                                                                    
                                                                                                                                
MS.  PEARCE  said she  was  nominated  for  her position  by  the                                                               
President in  June 2006 and  the Senate acted quickly  to confirm                                                               
her in August  2006. The Vice President swore her  in and all the                                                               
old  authorities   of  the  Federal   Inspector  from   the  1976                                                               
legislation came over with her.                                                                                                 
                                                                                                                                
3:48:11 PM                                                                                                                    
She  said   the  Federal  Coordinator  ensures   the  expeditious                                                               
discharge  and compliance  of all  related activities  by federal                                                               
agencies.  She has  the power  to prohibition  certain terms  and                                                               
conditions that agencies  might try to put on  the applicant. She                                                               
can also prohibit certain action by federal agencies.                                                                           
                                                                                                                                
The  federal  coordinator  also   has  primary  surveillance  and                                                               
monitoring  responsibility for  the project  on both  federal and                                                               
private lands; and  the legislation instructs her to  have an MOU                                                               
with the  State of Alaska  (for state  lands) so that  they share                                                               
that primary surveillance and monitoring responsibility.                                                                        
                                                                                                                                
3:49:54 PM                                                                                                                    
MS. PEARCE  explained that  FERC as  the lead  agency will  use a                                                               
pre-filing   process  to   facilitate  pre-application   dialogue                                                               
between  all  the  stakeholders, including  permitting  agencies.                                                               
It's particularly important that  the federal coordinator insures                                                               
that  the  eventual   applicant  has  a  government-to-government                                                               
dialogue with  the Tribes;  so the  president wrote  an executive                                                               
order to insure that takes place.                                                                                               
                                                                                                                                
One  of  her  jobs  is to  mediate  disagreements  between  state                                                               
agencies, federals agencies, between  state and federal agencies,                                                               
between  the  applicant  and  the  federal  agencies  or  between                                                               
stakeholders and  federal agencies. The  idea is to  fix problems                                                               
instead  of letting  them to  drag out.  "The whole  point is  to                                                               
expedite the process."                                                                                                          
                                                                                                                                
The  Office  of  the  Federal Coordinator  will  assist  FERC  in                                                               
insuring  that the  federal agencies  expedite their  reviews and                                                               
feed their information  back to FERC so it can  meet its 18-month                                                               
deadline. Two  interagency agreements  are already in  place; one                                                               
coordinates NEPA and historic preservation  reviews and the other                                                               
is  a   federal  interagency  MOU   that  was  specific   to  the                                                               
implementation of this project that was signed in June 2006.                                                                    
                                                                                                                                
3:51:23 PM                                                                                                                    
She  provided  the committee  with  a  list  of all  the  federal                                                               
agencies involved  in the  project. Every agency  has to  issue a                                                               
permit,  do   a  section  7   review,  or  issue  a   license  or                                                               
certificate.  They   have  all   agreed  to   work  cooperatively                                                               
together,  but disagreements  are expected  and she  hopes to  be                                                               
able to mediate those.                                                                                                          
                                                                                                                                
3:52:11 PM                                                                                                                    
The   federal  interdepartmental   MOU   establishes  a   project                                                               
management   framework   for  cooperation   among   participating                                                               
agencies  with responsibilities  related  to the  approval of  an                                                               
Alaska  Natural Gas  Transportation  Project.  The agencies  have                                                               
agreed by signing  it to use their best efforts  to achieve early                                                               
coordination  and   compliance  with  deadlines   and  procedures                                                               
established by the relevant agencies.                                                                                           
                                                                                                                                
3:53:58 PM                                                                                                                    
She said  she will be  advertising for  two new positions  in her                                                               
D.C. office within  the next 30 days - for  a general counsel and                                                               
a  chief  engineer  who  will  be  head  of  the  compliance  and                                                               
permitting  side of  the  office. She  is not  going  to open  an                                                               
Alaska  office until  she  knows  for a  fact  an application  is                                                               
before the  federal agencies. This  office is funded in  the 2009                                                               
budget.                                                                                                                         
                                                                                                                                
In  the  federal  legislation  it is  very  clear  that  Congress                                                               
expected  that there  would be  a pipeline  that would  bring gas                                                               
into the Lower  48, not an LNG  project - because to  land gas on                                                               
the West Coast,  it would have to go either  to the Canadian West                                                               
Coast  or to  Mexico. The  US has  no LNG  terminals on  the West                                                               
Coast  and she  said  frankly, there  is a  huge  question as  to                                                               
whether one  will ever get  built there. She, her  counterpart in                                                               
the Canadian government  and Marty Rutherford (since  she is head                                                               
of  the  pipeline  team  at  the moment)  have  formed  a  senior                                                               
intergovernmental  management team.  They will  help insure  that                                                               
the coordination  of all the agencies  is in place to  keep track                                                               
of the  project and  to provide  a first-place  to go  for cross-                                                               
boundary  questions.  They  have  met once  personally  and  once                                                               
telephonically  and  expect  to  meet at  least  monthly  as  the                                                               
project gets going.                                                                                                             
                                                                                                                                
MS. PEARCE  said she  has hired  Howard Baker  Jr., in  her first                                                               
contract  for the  agency, to  design a  data management  system.                                                               
They are  reaching out to other  federal agencies, ConocoPhillips                                                               
and  TransCanada and  state agencies  to  ask what  sort of  data                                                               
management  programs  they have  and  use  to follow  these  huge                                                               
projects and stated:                                                                                                            
                                                                                                                                
     We are trying to use  the lessons learned when TAPS was                                                                    
     being built  and insure  that we  don't create  some of                                                                    
     the  problems that  the Joint  Pipeline  Office had  in                                                                    
     trying to  do the  oversight that they  need to  do for                                                                    
     TAPS after  it was  built. Many  records were  lost and                                                                    
     they spent  a number of  years trying to  recreate some                                                                    
     thing that should have been kept.                                                                                          
3:57:37 PM                                                                                                                    
She reported that the Argonne  National Laboratory, that also did                                                               
the EIS  for the TAPS right-of-way  renewal, is working on  a gap                                                               
analysis  to cover  the  changes  between now  and  the time  the                                                               
original legislation  was passed in  1976. She expects to  have a                                                               
draft of  the analysis by  next month so  her office can  work on                                                               
the gaps  before they  are hit  with the  actual permitting  of a                                                               
pipeline.     She    said     their     website    address     is                                                               
htt://www.arcticgas.gov.                                                                                                        
                                                                                                                                
If the  federal agencies want  to comment  as part of  the public                                                               
comment  period on  the AGIA,  she  would review  them for  inter                                                               
agency consistency, but not to change them.                                                                                     
                                                                                                                                
MS.  PEARCE said  the state  team met  with many  of the  federal                                                               
agencies last week  in Washington D.C. and  talked about specific                                                               
questions it had,  but the agencies were told  they could comment                                                               
on any aspect of the application.                                                                                               
                                                                                                                                
4:00:05 PM                                                                                                                    
MS. PEARCE said  she hadn't begun a review  of the ConocoPhillips                                                               
proposal, but  said, "However, I believe  that ConocoPhillips may                                                               
ask us to do  a review of their proposal and if  they do, we will                                                               
coordinate the same for them."                                                                                                  
                                                                                                                                
4:00:26 PM                                                                                                                    
SENATOR WAGONER  asked if  she would post  the comments  from the                                                               
federal agencies  on her website  as they  come in or  wait until                                                               
they are all in before posting them.                                                                                            
                                                                                                                                
MS.  PEARCE replied  they will  actually come  the state  and the                                                               
state is  posting all of  the comments. She suspected  her office                                                               
would post them as well.                                                                                                        
                                                                                                                                
CHAIR HUGGINS asked about applications in the plural.                                                                           
                                                                                                                                
MS. PEARCE  replied that they  agreed to review  applications (in                                                               
the plural)  long before  November 30 before  the state  knew how                                                               
many it was going  to get. When the state chose  to move just one                                                               
forward to  the next phase, it  asked her to just  comment on the                                                               
one.                                                                                                                            
                                                                                                                                
CHAIR HUGGINS  said given that  another one is under  appeal, did                                                               
she see that potentially changing.                                                                                              
                                                                                                                                
MS. PEARCE  replied that depends on  what the state does.  It had                                                               
asked  her to  comment on  any  applications that  met the  first                                                               
test. If  they choose to bring  another into the next  phase, she                                                               
couldn't assume  what they  would do, but  she would  expect they                                                               
probably would.  It could turn into applications.                                                                               
                                                                                                                                
4:02:08 PM                                                                                                                    
End of presentation                                                                                                             
                                                                                                                                
4:02:45 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if  she could  share her  thoughts on                                                               
whether or not the state is headed down the right track.                                                                        
                                                                                                                                
MS. PEARCE answered that the  federal agencies she talked to when                                                               
the state  team was in town  said they were pleased  the governor                                                               
was moving forward with a  process. They were hopeful there would                                                               
be  a  positive  solution  and that  an  application  would  come                                                               
forward.  There  is  a  pent  up interest  in  Congress  and  the                                                               
agencies to move  this project forward. They  are better prepared                                                               
at the  federal level to  get an application than  anywhere else.                                                               
"They are ready to move."                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI asked if she  saw any problems with the pipe                                                               
line going through Canada.                                                                                                      
                                                                                                                                
MS. PEARCE replied  she has been talking  with Canadian officials                                                               
from Minister Prentice  down to the folks at  the National Energy                                                               
Board, their Environmental Agency,  Natural Resources Canada, and                                                               
Canada Northern Affairs.  They are dealing right  now with trying                                                               
to get  their Mackenzie  pipeline built.  They want  MacKenzie to                                                               
come first;  they have all said  at one time or  another that the                                                               
permitting  of the  Alaska pipeline  would be  an easier  process                                                               
than what  they have had on  Mackenzie. They've learned a  lot of                                                               
lessons about  their joint  review process  and the  previous and                                                               
the  new chairman  of the  National Energy  Board have  both said                                                               
they  don't plan  to enter  that sort  of a  process that  has no                                                               
timelines  again. They  are cheering  Alaska on  and hoping  they                                                               
also get  an application  for an  Alaska pipeline  coming through                                                               
Canada  sometime  soon.  The  provincial  people  are  even  more                                                               
excited about it because they want the off takes.                                                                               
                                                                                                                                
4:06:34 PM                                                                                                                    
SENATOR  WAGONER asked  why the  feds wouldn't  allow accelerated                                                               
depreciation for the gas treatment plant.                                                                                       
                                                                                                                                
MS. PEARCE  replied she didn't know;  it was written at  the time                                                               
Senator Murkowski  was chairing the Senate  Energy Committee. She                                                               
would find out.                                                                                                                 
                                                                                                                                
4:07:16 PM                                                                                                                    
CHAIR  HUGGINS  asked  what the  parameters  are  of  accelerated                                                               
depreciation.                                                                                                                   
                                                                                                                                
MS. PEARCE said  she didn't have that language with  her, but she                                                               
offered to send it to him.                                                                                                      
                                                                                                                                
CHAIR HUGGINS  asked if  they should  be aware  of any  other tax                                                               
provisions.                                                                                                                     
                                                                                                                                
MS. PEARCE replied no.                                                                                                          
                                                                                                                                
CHAIR HUGGINS  asked what  the system  is outside  of accelerated                                                               
depreciation.                                                                                                                   
                                                                                                                                
MS. PEARCE replied none that are unique to this project.                                                                        
                                                                                                                                
CHAIR  HUGGINS  asked  her  to  comment  on  the  loan  guarantee                                                               
business based on requests coming from potential applicants.                                                                    
                                                                                                                                
MS.  PEARCE  responded that  the  Department  of Energy  has  the                                                               
responsibility for  doing the  loan guarantee  work, but  only in                                                               
concert  with  Department  of  the Treasury  and  the  Office  of                                                               
Management and Budget.                                                                                                          
                                                                                                                                
4:09:15 PM                                                                                                                    
She gave an  example of what happened after 911  and then related                                                               
where  the Department  of Energy  is headed.  After 911  Congress                                                               
authorized  loan guarantees  for  the  airlines. The  conditional                                                               
approvals were done  and those are well defined  in regulation at                                                               
the Department of  the Treasury. They continue to  be a framework                                                               
with  the conditions  and precedence  for those  loan guarantees.                                                               
Seven airlines  received conditional  approvals; six  were funded                                                               
and nine were turned down completely.                                                                                           
                                                                                                                                
4:10:25 PM                                                                                                                    
In  2004 the  Department  of  Energy was  authorized  to do  loan                                                               
guarantees  for  major  nuclear construction  and  power  plants.                                                               
Regulations  are now  in  place and  they plan  to  use the  same                                                               
criteria  for   pipelines.  This   language  is  posted   on  the                                                               
department's website. She commented that  if you don't need money                                                               
it's real  easy to get a  loan and if  you need money it's  a lot                                                               
more difficult and  the folks who protect the  tax payers dollars                                                               
don't make loan guarantees easy to  get. But it is authorized and                                                               
there are precedence and policies already in place.                                                                             
                                                                                                                                
4:12:10 PM                                                                                                                    
CHAIR HUGGINS asked about bridge shippers.                                                                                      
                                                                                                                                
MS. PEARCE said  there hasn't been that sort of  request for loan                                                               
guarantee with the airlines. The  Department of Energy hadn't had                                                               
any detailed discussions yet, because  TransCanada had not talked                                                               
with them yet.                                                                                                                  
                                                                                                                                
4:13:00 PM                                                                                                                    
SENATOR  STEDMAN  said  one   of  the  legislature's  consultants                                                               
questioned  whether TransCanada  even  complies  with AGIA.  That                                                               
will get  sorted out  over the  next few months,  but one  of the                                                               
issues that comes up is  the completion guarantees, cost overruns                                                               
and  potential  equity  contributions  in relation  to  the  loan                                                               
guarantee requirements as they were  initially set up. It appears                                                               
a substantial modification of the  loan guarantees will be needed                                                               
assuming an entity  like TransCanada will require  them. He asked                                                               
for her thoughts on modifying  the guarantees to possibly include                                                               
cost overruns.                                                                                                                  
                                                                                                                                
MS. PEARCE replied  that she didn't have a position  on that. She                                                               
was confident the  DOE would look at the  loan guarantee portions                                                               
of the application  and they would develop a  position along with                                                               
the DOT and OMB.                                                                                                                
                                                                                                                                
4:15:04 PM                                                                                                                    
SENATOR STEDMAN  stated that  they were also  trying to  sort out                                                               
where the gas would go; would  it go into Alberta and be consumed                                                               
in  the oil  sands or  would  it all  end up  in the  continental                                                               
United States of some combination.  It appears the loan guarantee                                                               
language says the  transportation of natural gas  from the Alaska                                                               
North  Slope  to  the  continental  US.  He  asked  if  the  loan                                                               
guarantees are needed and would TransCanada qualify.                                                                            
                                                                                                                                
MS. PEARCE replied that the loan  guarantee is for a project that                                                               
delivers gas  to the continental  US, but the language  is silent                                                               
in  terms  of  does  every  single molecule  have  to  go  there.                                                               
Everyone recognizes that  there will be a gas off  take in Alaska                                                               
and  that no  matter who  builds it,  local Canadian  communities                                                               
expect to have an opportunity to  take gas off. She has never had                                                               
any Canadian from  any level of government represent  to her that                                                               
expected Alaska  natural gas to  be diverted to their  oil sands.                                                               
Instead Mackenzie  would probably  provide a  huge amount  of gas                                                               
for that  project or the  oil sands will  look at other  types of                                                               
energy production. There  has been talk of build  a nuclear plant                                                               
in northern  Alberta to  provide the energy  the oil  sands need.                                                               
One  of the  reasons the  Canadians  want their  project to  come                                                               
first  is  that  they  want to  supply  their  own  petrochemical                                                               
industry and domestic need.                                                                                                     
                                                                                                                                
4:18:55 PM                                                                                                                    
SENATOR STEDMAN  asked if she would  help them out over  the next                                                               
couple of  months with how the  oil sands would impact  gas going                                                               
through to  the Lower  US. He  asked her to  educate them  on her                                                               
role if  they end up with  competing interests - one  in AGIA and                                                               
one outside AGIA. What position does it put her office in?                                                                      
                                                                                                                                
MS. PEARCE  replied "I  guess that's why  our title  says Natural                                                               
Gas  Transportation  Projects with  an  "s."  The legislation  is                                                               
silent, which  means that any  project that comes to  the federal                                                               
government, they will work to  expedite. They would have the same                                                               
responsibility under whichever of the  laws it comes in under. If                                                               
there were  two applications, they  would work to  expedite both.                                                               
Her office,  FERC and BLM would  not look forward to  doing that.                                                               
This  project, if  built, will  be the  most expensive  privately                                                               
financed  construction project  ever built  in the  world. It  is                                                               
bigger than anything these agencies have dealt with.                                                                            
                                                                                                                                
4:21:54 PM                                                                                                                    
SENATOR WAGONER asked about the  difference in open seasons of 18                                                               
months between  the ConocoPhillips and  TransCanada applications.                                                               
It  seems if  Transcanada has  its open  season and  continues to                                                               
FERC, they will be 18  months ahead of ConocoPhillips. What cause                                                               
and effect does that have in D.C.?                                                                                              
                                                                                                                                
MS.  PEARCE answered  ConocoPhillips'  open season  is not  front                                                               
ended like  TransCanada's, but  no matter which  one you  look at                                                               
that,  they  both have  "prefeed"  application  process which  is                                                               
robust  and that's  the time  when  you go  out in  field to  get                                                               
additional information,  when you continue with  your design, you                                                               
begin  working   with  all  the  stakeholders.   You  begin  your                                                               
permitting processes  with the  other agencies.  She was  told on                                                               
Friday by ConocoPhillips  that they still do expect to  go in the                                                               
field  this year;  most of  their work  is on  state right-of-way                                                               
rather than  federal land.  But if  they want  to get  on federal                                                               
right-of-way they will ask the  BLM for temporary use permits. As                                                               
they begin  engaging agencies,  her office  will begin  to engage                                                               
both  them  and  the  agencies  to  ensure  things  move  forward                                                               
smoothly. Either  company, if  both go  forward, will  do scoping                                                               
and begin reaching  out to al the stakeholders. One  of her fears                                                               
is how  confusing it's going  to be for  the lack of  capacity in                                                               
some  of the  more rural  areas to  try to  figure out  the daily                                                               
visit  one   day  from   TransCanada  and   the  next   day  from                                                               
ConocoPhillips, but they will deal with it if they have to.                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  asked if AGIA isn't  successful, what would                                                               
the federal government do and is it an option.                                                                                  
                                                                                                                                
4:25:14 PM                                                                                                                    
MS.  PEARCE  responded if  the  governor  brings one  application                                                               
forward to  the legislature and  the legislature votes  yes, that                                                               
company  is committed  to moving  forward.  Without it,  Congress                                                               
still  might move  forward  more proactively  to  push getting  a                                                               
pipeline built,  particularly if  we don't  license and  see more                                                               
LNG plants get built in the Lower 48.                                                                                           
                                                                                                                                
4:27:10 PM                                                                                                                    
CHAIR HUGGINS said the Mackenzie  pipeline is expected to deliver                                                               
just over 1  bcf and the oil  sands will need more than  4 bcf if                                                               
they  continue  using natural  gas  to  do the  processing.  Some                                                               
people have said  the likelihood of our gas being  the gap filler                                                               
in that being high.                                                                                                             
                                                                                                                                
MS. PEARCE  said on that point,  once an open season  happens and                                                               
gas is nominated at a certain  tariff to a destination, once FERC                                                               
licenses  a   pipeline  to  bring   gas  to  a   destination  and                                                               
particularly  once  there  is  a loan  guarantee  in  place,  the                                                               
shipper will be  committed to sending that gas to  the end of the                                                               
pipe wherever  that is. A loan  guarantee cannot be used  for gas                                                               
that  is taken  off at  the Canadian  oil sands,  but she  hasn't                                                               
talked to  a single  Canadian who  has told her  that it  will be                                                               
used  there.  Also, she  pointed  out  that  would be  an  export                                                               
project and FERC doesn't license those.                                                                                         
                                                                                                                                
4:29:29 PM                                                                                                                    
CHAIR  HUGGINS  said when  he  was  in  Canada,  he was  told  by                                                               
Canadian that they  could use Alaska's gas. There was  also a lot                                                               
of skepticism on  whether Mackenzie would ever happen  or not. He                                                               
asked  what the  climate  is  in D.C.  when  someone talks  about                                                               
exporting Alaskan gas.                                                                                                          
                                                                                                                                
MS. PEARCE replied  none of the secretaries  opined that Congress                                                               
did not intend for Alaska gas  to be exported to the Pacific Rim,                                                               
but rather to the Lower 48.                                                                                                     
                                                                                                                                
4:31:16 PM                                                                                                                    
SENATOR WAGONER said he heard  Canada needs Alaskan gas, but they                                                               
need it to fill the capacity of  the lines going into the US from                                                               
Canada,  because by  the time  our gas  flows in  2018, they  are                                                               
going to  have more than enough  capacity to ship it  on through.                                                               
They need  it now to  hold down  their tariff rates.  They really                                                               
need our ethanes for the Nova Plant.                                                                                            
                                                                                                                                
MS.  PEARCE said  TransCanada has  made it  clear that  they want                                                               
Alaska gas to put into the  prebuild system and they believe they                                                               
might have  to expand  that prebuild which  would give  them even                                                               
more capacity by 2018  so they would be able to  take all of that                                                               
gas to  the Lower 48.  The ConocoPhillips' proposal  talked about                                                               
bringing gas to  the Alberta hub at which time  they would either                                                               
build a  pipeline or look at  using capacity that was  already in                                                               
place.                                                                                                                          
                                                                                                                                
4:33:00 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  the US  Attorney General  recommended                                                               
that the pipeline  should be built by an  independent company. He                                                               
asked   how  that   factors  into   any   decision  to   consider                                                               
ConocoPhillips or any other producer for that matter.                                                                           
                                                                                                                                
MS.  PEARCE replied  that  a 1977  decision  by President  Carter                                                               
explicitly prohibited  the producers  from owning any  portion of                                                               
the  pipeline  project.  When President  Reagan  was  elected  he                                                               
amended the decision to say if  a pipeline were going to be built                                                               
with  Federal  Trade  Commission,  FERC  and  Justice  Department                                                               
approval, that the  producers could own a portion of  it. That is                                                               
what  is in  currently  in  place in  ANGTA.  Further, she  said,                                                               
several Alaska House  members wrote a letter to  then chairman of                                                               
FERC asking  whether FERC  would license  a pipeline  entity that                                                               
was producer-owned.  FERC answered that  was a question  and they                                                               
would have to look at it when an application is before them.                                                                    
                                                                                                                                
CHAIR HUGGINS asked if she has a Canadian counterpart.                                                                          
                                                                                                                                
MS. PEARCE replied  that Premier Harper "gave the  files" for the                                                               
Mackenzie  and   Alaska  pipelines  to  Minister   Jim  Prentice.                                                               
Minister Prentice  at the time  was Minister of  Northern Affairs                                                               
Canada and  had all of the  aboriginal files and worked  with the                                                               
territories. The  Harper government went  through a shake  up and                                                               
Minister  Prentice is  now  the Minister  of  Industry, like  our                                                               
Secretary of Commerce.  He retained those two  pipeline files and                                                               
he  is  her counterpart.  He  has  delegated the  day-to-day  and                                                               
month-to-month oversight of the Canadian  side to the Ministry of                                                               
Natural Resources Canada and because  of some additional shuffled                                                               
they are between people.                                                                                                        
                                                                                                                                
Canada   had   the  Northern   Pipeline   Act   and  people   had                                                               
responsibilities  under  that  and  they   now  have  those  same                                                               
responsibilities  under a  NEB authorized  process. So  basically                                                               
she  deals with  the  same  people no  matter  which process  the                                                               
government  chooses.  She  has   met  four  times  with  Minister                                                               
Prentice and they are looking  forward to being cooperative. They                                                               
are working with the Argonne folks on the gap analysis.                                                                         
                                                                                                                                
CHAIR HUGGINS asked if she has a timeline for Canadian issues.                                                                  
                                                                                                                                
MS. PEARCE  replied the FERC  has a  timeline it has  provided to                                                               
Congress as  part of  the report  it does  every six  months. The                                                               
data  management process  will  create the  system  by which  the                                                               
massive timelines will be delineated.                                                                                           
                                                                                                                                
4:40:12 PM                                                                                                                    
CHAIR HUGGINS  recalled that  TransCanada's goal  was to  have an                                                               
open season  in 18 months,  but not  if they didn't  receive some                                                               
assurances  that  it  would  be   successful.  He  asked  if  she                                                               
understood that also.                                                                                                           
                                                                                                                                
MS.  PEARCE   answered  that  her  discussions   have  been  with                                                               
TransCanada's  D.C.  representatives  who have  been  unequivocal                                                               
about going to open season in 2009.                                                                                             
                                                                                                                                
4:41:21 PM                                                                                                                    
CHAIR  HUGGINS  said  Texas  has  a  pilot  project  to  see  how                                                               
sequestering CO2 would work and he  asked if she saw any concerns                                                               
in D.C. about emerging environmental trends.                                                                                    
                                                                                                                                
MS. PEARCE replied no. Most  discussions on commercializing North                                                               
Slope  natural  gas  have been  supported  by  the  environmental                                                               
community, the  labor community  and industry.  Those discussions                                                               
haven't reached  them yet. Alaska  has 35 tcf of  known reserves,                                                               
but the  project needs  50 tcf.  So an additional  15 tcf  of gas                                                               
needs to be found to make  the project feasible. That is becoming                                                               
more problematic as  more areas are taken off the  table in terms                                                               
of leasing.                                                                                                                     
                                                                                                                                
4:43:17 PM                                                                                                                    
She said  the Ninth Circuit  stopped exploration in  the Beaufort                                                               
last  summer and  the  MMS is  hoping  to have  a  lease sale  on                                                               
February 6. She  didn't know whether a lawsuit would  be filed to                                                               
stop it.  The BLM  has a  sale projected for  NPRA for  some time                                                               
this calendar year, but the EIS  was held up because of lawsuits.                                                               
This is where the environmental discussions take place.                                                                         
                                                                                                                                
4:43:50 PM                                                                                                                    
SENATOR MCGUIRE  asked if AGIA prescribes  what she has to  do on                                                               
the  federal level  to  analyze applications  or  is she  allowed                                                               
under   2004   federal   law  to   consider   applications   like                                                               
ConocoPhillips'.                                                                                                                
                                                                                                                                
4:45:00 PM                                                                                                                    
MS. PEARCE replied that she has  not only the authority, but also                                                               
the direction  to expedite any  application that comes in  on the                                                               
federal   side.  ConocoPhillips   told  her   Friday  they   were                                                               
considering  whether  or  not  to ask  the  federal  agencies  to                                                               
comment back  to them on their  proposal. Once she has  a request                                                               
she will  talk to her  attorneys and figure  out the best  way to                                                               
accommodate  the  "potential  applicant." She  said  the  state's                                                               
request to  comment on  applications came  shortly after  the RFA                                                               
went out;  so the  administration didn't have  any idea  how many                                                               
applications it would get.                                                                                                      
                                                                                                                                
4:46:05 PM                                                                                                                    
SENATOR MCGUIRE  said she  would hate to  have the  appearance of                                                               
two  processes moving  forward at  the same  time. Secondly,  she                                                               
asked how  Ms. Pearce saw Canada  and the US working  together to                                                               
get gas to the Lower 48.                                                                                                        
                                                                                                                                
MS. PEARCE  answered that a  number of cross-border  projects are                                                               
happening.  FERC  licenses  cross-border gas  pipelines  and  the                                                               
state  department does  the environmental  impact statements  for                                                               
cross-border oil pipelines.  They hadn't done one  for many years                                                               
and   suddenly   had   two  applications.   The   Department   of                                                               
Transportation and  the Pipeline  and Hazardous  Materials Safety                                                               
Administration  has done  a new  study  with the  NEB working  on                                                               
consistent standards  for both oil  and gas pipelines.  That kind                                                               
of cooperation is ongoing. FERC has  an MOU with the NEB that has                                                               
a relationship with  its counterparts in both  Canada and Mexico;                                                               
the three countries  meet at least three times a  year to discuss                                                               
cross-border trans-boundary projects, demand and supply.                                                                        
                                                                                                                                
So,  while Alaskans  are new  at  cross-border work  in terms  of                                                               
major  pipelines,  the country  is  not.  The Canadians  are  our                                                               
largest foreign trade  partner when it comes  to energy. Congress                                                               
intended through  creating the Office of  the Federal Coordinator                                                               
to expedite commercialization  of North Slope gas as  part of the                                                               
president's  national energy  plan.  Congress believes  in it  on                                                               
both sides  of the aisle.  She clarified,  "But not only  do they                                                               
not intend  and expect  the gas  to go to  the Pacific  Rim, they                                                               
didn't expect that is was going to get high-jacked in Canada."                                                                  
                                                                                                                                
SENATOR  STEDMAN said  he was  more concerned  about the  state's                                                               
revenue stream. He asked for a range  of what she felt would be a                                                               
reasonable expense to go to a successful open season.                                                                           
                                                                                                                                
MS. PEARCE answered she didn't have a figure.                                                                                   
                                                                                                                                
SENATOR  STEDMAN asked  what would  be  a reasonable  expenditure                                                               
range to  get to a successful  open season so they  can take that                                                               
into consideration when looking at proposals.                                                                                   
                                                                                                                                
MS. PEARCE responded that she would  be happy to ask the chair of                                                               
FERC  whether it  had any  statistics on  costs to  complete open                                                               
seasons that would somehow be comparable.                                                                                       
                                                                                                                                
4:52:49 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if she saw  her agency or any  in the                                                               
federal government  being proactive  to insure a  successful open                                                               
season.                                                                                                                         
                                                                                                                                
MS. PEARCE  answered she  didn't know what  her agency  could do;                                                               
the state is  the one that holds the royalty  gas. But FERC would                                                               
work with everyone to make sure the process is correct.                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  an open  season fails  what would                                                               
the D.C. reaction be.                                                                                                           
                                                                                                                                
MS.  PEARCE  replied  that  there  would probably  be  a  lot  of                                                               
questions about  why gas wasn't  nominated. The  Energy Committee                                                               
wants  to know  where their  pipeline is;  their expectation  was                                                               
they were  doing their part  and this  project was going  to move                                                               
forward. There is a pent up anxiety about getting it built.                                                                     
                                                                                                                                
SENATOR WAGONER said it's important  to remember there is only 35                                                               
tcf of  proven gas reserves on  the North Slope today,  but those                                                               
are a result of oil exploration  not gas. The first wells for gas                                                               
are  getting drilled  now and  Anadarko already  knows they  have                                                               
some where they are drilling.                                                                                                   
                                                                                                                                
MS. PEARCE said the MMS estimates 200 tcf of reserves.                                                                          
                                                                                                                                
4:56:23 PM                                                                                                                    
CHAIR HUGGINS  asked if  D.C. skepticism  about this  project has                                                               
subsided since last year.                                                                                                       
                                                                                                                                
MS. PEARCE answered  that there isn't a lot of  knowledge in D.C.                                                               
about why  it hasn't been  seen yet. They  know Alaska has  a new                                                               
governor and a new process and they hope it works.                                                                              
                                                                                                                                
CHAIR HUGGINS  said her boss  would change, but she  wouldn't and                                                               
he  wanted to  know if  she had  any political  concerns in  that                                                               
respect.                                                                                                                        
                                                                                                                                
4:58:27 PM                                                                                                                    
MS. PEARCE said  Congress is receptive and she  has solid support                                                               
from both sides of the aisle.  Her budget didn't get dinged. It's                                                               
looked at as a bi-partisan project.                                                                                             
                                                                                                                                
5:00:38 PM                                                                                                                    
CHAIR  HUGGINS  asked what  the  D.C.  reaction  was to  lack  of                                                               
bidders under AGIA.                                                                                                             
                                                                                                                                
MS. PEARCE  answered every  point on the  timeline has  moved the                                                               
ball  forward a  little bit  and  increased the  momentum of  the                                                               
project. Keeping  the ball  moving is  important. There  aren't a                                                               
huge number of  companies that know how to do  business in Alaska                                                               
or build a project here.                                                                                                        
                                                                                                                                
5:02:38 PM                                                                                                                    
CHAIR  HUGGINS asked  if  she talked  with  MidAmerican who  even                                                               
wrote about why they didn't apply.                                                                                              
                                                                                                                                
MS. PEARCE replied no.  She said she spends a lot  of time in the                                                               
Lower 48 educating  consumers about the project  because it's not                                                               
just an Alaskan  project, it is an American project  and they are                                                               
ultimately  the largest  beneficiaries. She  urged the  committee                                                               
members to talk to members from  the other states when they go to                                                               
their national meeting to keep the momentum going.                                                                              
                                                                                                                                
CHAIR HUGGINS  thanked her  for joining  the committee  today and                                                               
adjourned the meeting at 5:06:23 PM.                                                                                          
                                                                                                                                

Document Name Date/Time Subjects