Legislature(2001 - 2002)

04/25/2001 01:12 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HCR 17-SALE OF NATURAL GAS TO POWER DATA CENTERS                                                                              
                                                                                                                                
CO-CHAIR MASEK  announced that the  next order of  business would                                                               
be   HOUSE  CONCURRENT   RESOLUTION   NO.   17,  Expressing   the                                                               
legislature's support  for sale  of a  portion of  Alaska's North                                                               
Slope  natural  gas  for  electrical  generation  to  power  data                                                               
centers within the North Slope Borough.                                                                                         
                                                                                                                                
Number 2102                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  made a motion  to adopt Amendment  1, which                                                               
read [original punctuation provided]:                                                                                           
                                                                                                                                
     Page 1, line 8:                                                                                                          
                                                                                                                              
     Strike "is seeking"                                                                                                      
     Insert "has proposed"                                                                                                    
                                                                                                                              
     Rationale:   This  still recognizes  that Netricity  is                                                                    
     the  only company  that has  approached the  state with                                                                    
     this idea,  but does  not assert  any propriety  to the                                                                    
     company for future sale.                                                                                                   
                                                                                                                                
     Page 2, line 2:                                                                                                          
                                                                                                                              
     After "a portion of"                                                                                                     
     Strike "Alaska's North Slope"                                                                                            
     Insert "The  State's Royalty Natural Gas  from Alaska's                                                                  
     North Slope"                                                                                                             
                                                                                                                              
     Rationale:   This incorporates Royalty Gas,  and leaves                                                                    
     the resolve  to the  generic sale of  the gas,  with no                                                                    
     companies mentioned.                                                                                                       
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
CO-CHAIR MASEK called a brief at-ease at 3:18 p.m.  She called                                                                  
the meeting back to order at 3:20 p.m.                                                                                          
                                                                                                                                
Number 2195                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN offered Amendment 2 [which was Senator                                                                     
Torgerson's Amendment 1 to SCR 10, the companion resolution in                                                                  
the Senate].  Amendment 2 read [original punctuation provided]:                                                                 
                                                                                                                                
     Page 2, line 1:                                                                                                            
                                                                                                                                
          After "natural gas resources;"                                                                                        
          Insert                                                                                                                
                                                                                                                                
               "WHEREAS AS 38.05.183 mandates that any sale                                                                   
     of  the  state's  oil  and gas  royalty  "shall  be  by                                                                    
     competitive  bid"   unless  the  commissioner   of  the                                                                    
     Department of  Natural Resources:   (1)  determines, in                                                                    
     writing  with specific  findings and  conclusions, that                                                                    
     the  best  interest  of  the  state  does  not  require                                                                    
     competitive bidding  or that no competition  exists and                                                                    
     (2)  gives notice  to the  Alaska Royalty  Oil and  Gas                                                                    
     Development Advisory Board;                                                                                                
                                                                                                                                
               WHEREAS AS 38.05.183 mandates that if the                                                                      
     commissioner  determines to  sell  royalty  oil or  gas                                                                    
     non-competitively, the  commissioner must  consider the                                                                    
     criteria in AS 38.05.183(e) and 38.06.070;                                                                                 
                                                                                                                                
               WHEREAS 11 AAC 03.03.010 mandates that the                                                                     
     commissioner [sic]  before the  sale of royalty  gas is                                                                    
     completed,  whether  by  competitive bid  or  not,  the                                                                    
     commissioner must  make a public finding  that the sale                                                                    
     is in the best interests of the state                                                                                      
                                                                                                                                
               WHEREAS AS 38.06.050 requires that before                                                                      
     any long-term,  substantial sale of the  state's oil or                                                                    
     gas can  [sic] made, the  sale must be reviewed  by the                                                                    
     Alaska Royalty  Oil and Gas Development  Advisory Board                                                                    
     and  it  must issue  a  written  recommendation to  the                                                                    
     legislature about the sale;                                                                                                
                                                                                                                                
          WHEREAS AS 38.06.055 requires that before any                                                                       
     long-term, substantial  sale of the state's  oil or gas                                                                    
     can  be  made,  the  sale   must  be  approved  by  the                                                                    
     legislature;"                                                                                                              
                                                                                                                                
     Page 2, line 3                                                                                                             
                                                                                                                                
          After "natural gas"                                                                                                   
          Insert "at a competitive, reasonable price"                                                                           
                                                                                                                                
     Page 2, line 5                                                                                                             
                                                                                                                                
               FURTHER RESOLVED that the Alaska State                                                                         
     Legislature  requests that  the commissioner  determine                                                                    
     in a written finding  whether the state's royalty share                                                                    
     of North  Slope natural  gas must be  competitively bid                                                                    
     at this  time, and, if  it must, conduct  a competitive                                                                    
     sale;                                                                                                                      
                                                                                                                                
               FURTHER RESOLVED that the Alaska State                                                                         
     Legislature   requests   that,  if   the   commissioner                                                                    
     determines  that the  state's  royalty  share of  North                                                                    
     Slope natural  gas need not  be competitively  bid, the                                                                    
     commissioner:     (1)  enter  into   negotiations  with                                                                    
     Netricity,  L.L.C., or  other qualified  purchaser, for                                                                    
     the sale  of the state's  royalty share of  North Slope                                                                    
     natural   gas  consistent   with  the   procedures  and                                                                    
     policies  set forth  in AS  38.05.183,  AS 38.06.010  -                                                                    
     .080, and  11 AAC 03.010 -  .250; and (2) by  the first                                                                    
     day of the 2nd session  of the 22nd legislature, either                                                                    
     present the  legislature with a  contract for  the sale                                                                    
     of  the  North Slope  royalty  gas  for approval  or  a                                                                    
     report  explaining why  the state  should not  sell its                                                                    
     royalty gas.                                                                                                               
                                                                                                                                
REPRESENTATIVE  GREEN  explained  that   Amendment  2  would  not                                                               
conflict with  the previous  amendment, but was,  in a  sense, an                                                               
addendum.   While the state is  very receptive to the  offer made                                                               
by   Netricity,  it   wants   to  make   certain   there  is   no                                                               
misunderstanding:    it  wants to  protect  its  resources  while                                                               
getting the absolute best value that  it can.  He added, "I think                                                               
that was incumbent upon us when we took the oath."                                                                              
                                                                                                                                
Number 2295                                                                                                                     
                                                                                                                                
CO-CHAIR MASEK asked  if there was any objection  to Amendment 2.                                                               
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
Number 2319                                                                                                                     
                                                                                                                                
REPRESENTATIVE McGUIRE made a motion  to move HCR 17, as amended,                                                               
from committee  with individual recommendations.   There being no                                                               
objection, CSHCR  17(RES) was  moved out  of the  House Resources                                                               
Standing Committee.                                                                                                             

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