SCR 15: Authorizing the Legislative Budget and Audit Committee to pursue and direct litigation relating to state natural gas transportation.
00 SENATE CONCURRENT RESOLUTION NO. 15 01 Authorizing the Legislative Budget and Audit Committee to pursue and direct litigation 02 relating to state natural gas transportation. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 WHEREAS the economic and fiscal futures of the state are closely tied to the 05 commercialization of North Slope natural gas; and 06 WHEREAS the current climate of increasing national demand for natural gas 07 combined with declining natural gas reserves has created a demand for the state's energy 08 resources; and 09 WHEREAS the United States Congress passed and the President of the United States 10 signed into law the Alaska Natural Gas Pipeline Act to bring the state's North Slope natural 11 gas to the lower 48 states; and 12 WHEREAS the Alaska Natural Gas Pipeline Act (P.L. 108 - 324) required the 13 Federal Energy Regulatory Commission to issue regulations governing the conduct of open 14 seasons for state natural gas transportation projects; and 15 WHEREAS the Legislative Budget and Audit Committee provided testimony and 16 written comments to the Federal Energy Regulatory Commission during the development of
01 the open season regulations; and 02 WHEREAS the Federal Energy Regulatory Commission issued Order No. 2005 on 03 February 9, 2005, and the totality of the regulations was consistent with the substance of the 04 testimony and comments of the Legislative Budget and Audit Committee; and 05 WHEREAS Order No. 2005 conforms to the congressional mandate that the open 06 season regulations promote competition in the exploration, development, and production of 07 Alaska natural gas; and 08 WHEREAS Order No. 2005 also meets congressional directives to provide for access 09 to in-state delivery points for local consumption needs within the state; and 10 WHEREAS ChevronTexaco Natural Gas, a division of Chevron U.S.A., Inc., filed an 11 appeal to the United States Court of Appeals for the District of Columbia on April 8, 2005, 12 challenging Federal Energy Regulatory Commission Order No. 2005; and 13 WHEREAS, in order to preserve the ability of the Alaska State Legislature to voice 14 concerns or objections or provide relevant facts and testimony to the United States Court of 15 Appeals for the District of Columbia, it is necessary to file a motion to intervene within 30 16 days of the appeal; 17 BE IT RESOLVED that the Alaska State Legislature delegates to the Legislative 18 Budget and Audit Committee the full authority to intervene, appeal, and take all action 19 necessary to pursue and direct litigation regarding the Federal Energy Regulatory 20 Commission Order No. 2005; and be it 21 FURTHER RESOLVED that the Legislative Budget and Audit Committee is 22 authorized to hire counsel and make all decisions concerning the objectives, scope, and means 23 of pursuing these objectives, including settlement, compromise, and appeal.