Legislature(2011 - 2012)FAHRENKAMP 203

04/19/2012 10:00 AM Senate COMMUNITY & REGIONAL AFFAIRS


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10:09:48 AM Start
10:10:02 AM HB9
10:58:37 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 9 IN-STATE GASLINE DEVELOPMENT CORP TELECONFERENCED
Heard & Held
            HB   9-IN-STATE GASLINE DEVELOPMENT CORP                                                                        
                                                                                                                                
10:10:02 AM                                                                                                                   
CHAIR OLSON  announced the consideration  of HB 9 and  noted that                                                               
the  Senate  committee  substitute   version  J  was  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
10:10:32 AM                                                                                                                   
REPRESENTATIVE  MIKE CHENAULT,  Alaska  State Legislature,  prime                                                               
sponsor of  HB 9, said he  was available to answer  questions and                                                               
would highlight concerns with the CS as the discussion ensued.                                                                  
                                                                                                                                
CHAIR OLSON recognized that Senator  John Coghill, Senator Dennis                                                               
Egan, and Senator Cathy Giessel were in the audience.                                                                           
                                                                                                                                
10:11:34 AM                                                                                                                   
RENA  DELBRIDGE, Staff  for  Representative  Mike Hawker,  Alaska                                                               
State Legislature,  said HB  9 intended  to create  a quasi-state                                                               
entity,  the Alaska  Gasline Development  Corporation (AGDC),  to                                                               
connect Alaskans with Alaskan gas  via pipelines. The first order                                                               
of business for AGDC is to  pursue an open season for an in-state                                                               
bullet  line to  determine whether  there is  sufficient shipping                                                               
interest to support  financing a pipeline. If the  open season is                                                               
successful, AGDC  would begin construction  by 2015. If  the open                                                               
season indicates insufficient commercial  backing, AGDC would not                                                               
have a project.                                                                                                                 
                                                                                                                                
When HB 9  passed the House, it also empowered  AGDC to represent                                                               
Alaskans in  a larger pipeline  project to carry North  Slope gas                                                               
to export at  tidewater. The intention is to  provide a framework                                                               
for AGDC to  continue into the future to find  additional ways to                                                               
connect Alaskans with  gas, whether these first  two projects are                                                               
successful or not.                                                                                                              
                                                                                                                                
10:13:03 AM                                                                                                                   
Although  version J  addresses  a structure  for  AGDC, it  omits                                                               
critical   aspects.  It   establishes   AGDC   as  a   subsidiary                                                               
corporation of the Alaska  Housing Finance Corporation, including                                                               
the  ability  to acquire  property  and  leases necessary  for  a                                                               
pipeline project. It gives AGDC  direction to build gas pipelines                                                               
to get gas  to Fairbanks, Southcentral, and  other communities at                                                               
the lowest  rates possible while  trying to  provide commercially                                                               
reasonable  rates  for not  only  public  utility and  industrial                                                               
customers but also for shippers.                                                                                                
                                                                                                                                
MS. DELBRIDGE said  version J prohibits AGDC  from constructing a                                                               
pipeline  without legislative  sanctioning. A  future legislature                                                               
would have  to pass this new  law and both AGDC  and the sponsors                                                               
are uncomfortable  with this provision. AGDC  believes this could                                                               
negatively  affect  its  ability  to  attract  sincere  shippers,                                                               
buyers, and sellers to an open season project.                                                                                  
                                                                                                                                
This CS  establishes the in-state  natural gas pipeline  fund and                                                               
directs  AGDC   to  manage  the   fund  prudently.   It  requires                                                               
publication of some terms of  precedent agreements resulting from                                                               
an  open season.  However, version  J eliminates  the legislative                                                               
direction to AGDC to pursue the  pipeline that it proposed in the                                                               
July 2011 progress  report to the legislature, as  required by HB
369 that passed in 2010. It also eliminates references to an in-                                                                
state gas  pipeline. This is  a concern because it  may encourage                                                               
AGDC's participation  in something  that is  not strictly  an in-                                                               
state gas pipeline. Version J  restricts AGDC's ability to manage                                                               
its assets, which could impinge  on the goal of meeting Alaskans'                                                               
needs for gas.  Further, it does not allow AGDC  to issue revenue                                                               
bonds or  determine the ownership  structure of a  pipeline. This                                                               
creates  uncertainty in  an open  season and  potentially affects                                                               
AGDC's means to follow through on a project.                                                                                    
                                                                                                                                
10:16:52 AM                                                                                                                   
The  CS does  not  allow AGDC  to  offer contract  transportation                                                               
service, which potentially affects the  ability to deliver gas to                                                               
the immediate  users to produce  power, liquefied natural  gas or                                                               
something else from that material.                                                                                              
                                                                                                                                
CHAIR OLSON asked if there were three gas pipeline proposals.                                                                   
MS. DELBRIDGE said  she wasn't sure, but one  project was planned                                                               
under the AGIA license.                                                                                                         
                                                                                                                                
CHAIR OLSON  named the All-Alaska  gas line [Alaska  Gasline Port                                                               
Authority  (AGPA) project],  the AGIA  project, and  the in-state                                                               
AGDC gas pipeline project.                                                                                                      
                                                                                                                                
MS.  DELBRIDGE said  the sponsors  do not  believe that  the AGIA                                                               
framework is an  actual pipeline and they don't  believe the All-                                                               
Alaska line is a project.                                                                                                       
                                                                                                                                
CHAIR  OLSON  questioned  why  the  sponsors  oppose  legislative                                                               
sanction, particularly when revenue bonds are involved.                                                                         
                                                                                                                                
MS.  DELBRIDGE replied  it creates  uncertainty because  it would                                                               
require  additional  timeframes   and  components.  The  sponsors                                                               
believe  other in-state  projects have  not gone  forward because                                                               
politics have interfered.                                                                                                       
                                                                                                                                
10:19:48 AM                                                                                                                   
CHAIR OLSON  opined that the State  of Alaska is taking  the risk                                                               
while the profit goes elsewhere.                                                                                                
                                                                                                                                
MS. DELBRIDGE  responded that the  people purchasing  the revenue                                                               
bonds  would  carry  the  risk.  That  is  why  long-term,  firm,                                                               
uninterruptable, guaranteed  shipping contracts are  so important                                                               
in an open season.                                                                                                              
                                                                                                                                
CHAIR OLSON  asked if the  State of Alaska would  be guaranteeing                                                               
the bonds.                                                                                                                      
                                                                                                                                
MS. DELBRIDGE  responded that  the previous version  of HB  9 had                                                               
specific language to prohibit AGDC  from putting liability on the                                                               
state.                                                                                                                          
                                                                                                                                
CHAIR OLSON commented that it  was not possible or even desirable                                                               
to take  politics out of  the equation entirely. He  reviewed the                                                               
Stranded Gas  Act debate and  asked if  she would agree  that the                                                               
pieces of legislation changing ELF to PPT to ACES were good.                                                                    
                                                                                                                                
MS.  DELBRIDGE said  she was  not  prepared to  discuss PPT,  but                                                               
would agree that it isn't possible  to remove all politics from a                                                               
process. However, the sponsors believe  it reduces that political                                                               
risk  if additional  legislation  to sanction  a  project is  not                                                               
required.  The operation  budget for  AGDC's pipeline  project is                                                               
always  subject  to  legislative appropriation.  Nothing  changes                                                               
that.                                                                                                                           
                                                                                                                                
10:23:09 AM                                                                                                                   
SENATOR KOOKESH joined the committee.                                                                                           
                                                                                                                                
CHAIR OLSON  said he believes  the state has reaped  the benefits                                                               
of the  provision in the  Stranded Gas Development  Act requiring                                                               
legislative authorization. He questioned  why HB 9 shouldn't have                                                               
a similar provision.                                                                                                            
                                                                                                                                
10:24:14 AM                                                                                                                   
REPRESENTATIVE  MIKE HAWKER,  speaking on  behalf of  himself and                                                               
the prime sponsor,  opined that the Stranded  Gas Development Act                                                               
(SGDA)  was developed  under  a very  different  process than  is                                                               
proposed in  HB 9.  Alaska's gas  was economically  stranded when                                                               
the SGDA  passed and the  general belief  was that it  would take                                                               
state participation for North Slope  gas to be competitive in the                                                               
marketplace. The SGDA empowered  the administration to enter into                                                               
confidential   negotiations  with   North   Slope  producers   to                                                               
determine  what economic  concessions  would  provide industry  a                                                               
sound project with which to go forward to the marketplace.                                                                      
                                                                                                                                
He  further  opined that  all  legislators  discovered that  that                                                               
approach didn't work  for several reasons. First,  the public was                                                               
not  comfortable  with an  economic  agreement  that was  crafted                                                               
behind  closed doors.  Another reason  that the  SGDA failed  was                                                               
that the market  conditions had changed dramatically  by the time                                                               
that  Governor  Murkowski  brought  the  contracts  forward;  gas                                                               
prices were anomalously high.                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  said HB 9  takes a different  approach; it                                                               
empowers a public corporation to  work openly in the marketplace.                                                               
Three  State of  Alaska commissioners  will sit  on the  board of                                                               
directors  that  will  manage  the  corporation,  and  AGDC  will                                                               
operate  within the  Alaska Housing  Finance Corporation  (AHFC),                                                               
the state's  investment bank. AGDC  has a broad mission  to serve                                                               
all  the  state and  that  can  serve  to insulate  proper  best-                                                               
business practices  from the inevitable  politics in  the capitol                                                               
building.                                                                                                                       
                                                                                                                                
10:30:33 AM                                                                                                                   
CHAIR  OLSON noted  that not  all  Alaskans agree  with the  AHFC                                                               
model; some would like it to be non-profit.                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER responded that  AGDC is being structured as                                                               
a subsidiary of  AHFC, but in no way does  it encumber the assets                                                               
of the Alaska Housing Finance Corporation.                                                                                      
                                                                                                                                
10:32:19 AM                                                                                                                   
MS.  DELBRIDGE continued  to  review the  CS.  She recapped  that                                                               
version J  does not allow  AGDC to offer  contract transportation                                                               
service, which means  the line will operate as  a common carrier.                                                               
Referencing an  earlier question about common  carrier contracts,                                                               
she explained  that the contract  the state has  with TransCanada                                                               
under  AGIA  does allow  the  line  to  sign contracts  for  firm                                                               
transportation   service,   but   it  also   requires   mandatory                                                               
expansions and rolled in rates,  which are common carrier issues.                                                               
Those things have been cited as  conditions that would have to be                                                               
addressed if the producers were to sign on to that project.                                                                     
                                                                                                                                
CHAIR OLSON asked if those issues were insurmountable.                                                                          
                                                                                                                                
MS. DELBRIDGE responded that she  couldn't speak to that specific                                                               
project, but AGDC  is absolute that it  cannot have interruptible                                                               
service when the gas being  shipped goes to public utilities that                                                               
need  to  be able  to  count  on that  supply  every  day of  the                                                               
contract.                                                                                                                       
                                                                                                                                
CHAIR  OLSON  asked  if  any gas  pipelines  are  common  carrier                                                               
pipelines                                                                                                                       
                                                                                                                                
MS. DELBRIDGE  said she  couldn't give  a definitive  answer, but                                                               
not being able to offer the  opportunity to be a contract carrier                                                               
is  even now  presenting challenges.  To  date, most  of the  gas                                                               
pipelines  in Alaska  are public  utility pipelines,  which is  a                                                               
different group that might be called gas transportation lines.                                                                  
                                                                                                                                
She  relayed   that  potential   open  season   participants  and                                                               
financiers have  advised that  it may be  difficult to  finance a                                                               
pipeline  without firm  contracts. Without  firm service,  public                                                               
utilities in  Alaska could  face the  potential of  curtailed gas                                                               
supplies.                                                                                                                       
                                                                                                                                
The CS  also eliminates  a regulatory  structure for  an in-state                                                               
gas pipeline that provides contract  carriage and is not a public                                                               
utility  pipeline. That  creates  additional risk  going into  an                                                               
open season.                                                                                                                    
                                                                                                                                
10:35:26 AM                                                                                                                   
The  CS maintains  a provision  allowing the  Alaska Natural  Gas                                                               
Development  Authority  (ANGDA)   to  contract  for  professional                                                               
services  that are  exempt from  the state  procurement code.  It                                                               
transitions  a   provision  from   the  Joint   In-State  Gasline                                                               
Development  Team (JIGDT)  that grants  access to  information of                                                               
all  state  agencies  and   maintains  confidentiality.  It  also                                                               
transitions  from  JIGDT to  AGDC,  a  provision requiring  state                                                               
agency  cooperation  and directs  AGDC  to  avoid duplication  of                                                               
efforts. However, the  CS removes small things  that direct state                                                               
support in order to offset the  tariffs. She cited the example of                                                               
local governments  charging usual  and customary fees  for water,                                                               
sand, and  gravel so the  state could pay for  them independently                                                               
and keep  them from being  rolled into the tariffs  that Alaskans                                                               
would eventually pay.                                                                                                           
                                                                                                                                
10:37:29 AM                                                                                                                   
CHAIR OLSON noted  that the Alaska Municipal  League (AML) voiced                                                               
concern  that  HB  9  would  give  AGDC  the  authority  to  take                                                               
municipal  resources for  this project  even if  the municipality                                                               
didn't  want to  sell  them  all. He  asked  if  AML voiced  that                                                               
concern to the sponsors.                                                                                                        
                                                                                                                                
MS.  DELBRIDGE  answered  no,  but   the  Department  of  Natural                                                               
Resources (DNR) wanted clarification  that the provision affected                                                               
only non-hydrocarbon resources.                                                                                                 
                                                                                                                                
SENATOR  OLSON  asked  how  the sponsors  propose  to  allay  the                                                               
concerns  of  municipalities  that  may want  to  allocate  their                                                               
resources for local projects.                                                                                                   
                                                                                                                                
MS.  DELBRIDGE offered  her belief  that AGDC  would be  happy to                                                               
work with municipalities on that issue.                                                                                         
                                                                                                                                
CHAIR OLSON pointed out that  AGDC would have municipalities over                                                               
a barrel if this provision were to become law.                                                                                  
                                                                                                                                
MS.   DELBRIDGE   responded   that   the  intent   is   to   work                                                               
cooperatively, not to put municipalities in an awkward position.                                                                
                                                                                                                                
10:38:58 AM                                                                                                                   
REPRESENTATIVE  HAWKER confirmed  that he  had never  heard those                                                               
concerns  before,  and offered  assurance  that  it was  not  the                                                               
sponsors' intent  to trump or  damage communities. He  offered to                                                               
work  with the  Chair  to  insert language  to  clarify that  the                                                               
intent  was  that  communities'   resources  needed  to  be  made                                                               
available  to  the  project  if   they  were  reasonably  readily                                                               
available. The  concept behind  the provision  was to  prohibit a                                                               
small entity  to hold  the entire state  hostage by  stopping the                                                               
project.                                                                                                                        
                                                                                                                                
CHAIR OLSON asked if he was reading the bill correctly.                                                                         
                                                                                                                                
REPRESENTATIVE HAWKER  confirmed that  the provision  was written                                                               
to  say that  the  local  community sources  of  sand and  gravel                                                               
resources were  to be  made available  and that  the compensation                                                               
would be  adequate and appropriate  in accordance  with customary                                                               
concerns. He again offered to work towards balance.                                                                             
                                                                                                                                
CHAIR OLSON asked for confirmation  that the sponsor would not be                                                               
heartbroken if that provision were struck from the bill.                                                                        
                                                                                                                                
REPRESENTATIVE  HAWKER declined  to  commit to  that degree,  and                                                               
stated that the  sponsors do not want to create  a situation that                                                               
compromises the ability to go forward with a project.                                                                           
                                                                                                                                
10:41:42 AM                                                                                                                   
MS. DELBRIDGE  said the CS  also eliminates a provision  to waive                                                               
state  and   local  property  taxes  during   construction  of  a                                                               
pipeline.                                                                                                                       
                                                                                                                                
CHAIR  OLSON   asked  what  municipalities'   view  is   on  that                                                               
provision.                                                                                                                      
                                                                                                                                
MS. DELBRIDGE  responded that local  governments have  not voiced                                                               
concern about that provision to the sponsors.                                                                                   
                                                                                                                                
She  continued to  explain that  another problem  with the  CS is                                                               
that  it  makes public  the  entire  work  product that  AGDC  is                                                               
building with state  money. This information is  a valuable asset                                                               
but if  it is required  to be public, the  state will not  get an                                                               
asset  in  return  for  the  money it  spends  specific  to  this                                                               
project.                                                                                                                        
                                                                                                                                
10:43:18 AM                                                                                                                   
CHAIR OLSON  questioned why the  people who are  paying shouldn't                                                               
have some access  to the information and knowledge  if the entity                                                               
was sold, for example.                                                                                                          
                                                                                                                                
MS.  DELBRIDGE said  some  information would  be  public, but  to                                                               
release technical details to the  public would allow any comer to                                                               
make the  information theirs. This  could risk a  larger pipeline                                                               
project that would further reduce gas rates for all Alaskans.                                                                   
                                                                                                                                
10:44:42 AM                                                                                                                   
CHAIR OLSON  asked if  that includes a  pipeline coming  down the                                                               
Parks Highway to Big Lake as opposed to the AGIA project.                                                                       
                                                                                                                                
MS. DELBRIDGE said  her understanding is that there  is the Lower                                                               
48  pipeline  proposed  under the  AGIA  framework,  and  another                                                               
potential   project  by   the   three   producer  companies   and                                                               
TransCanada going from the North  Slope to an LNG export facility                                                               
at tidewater in Alaska. AGDC  may have assets, such as rights-of-                                                               
way and an EIS, to bring to the table on the latter project.                                                                    
                                                                                                                                
CHAIR  OLSON voiced  concern that  a specific  route might  be so                                                               
restrictive that it's not economic.                                                                                             
                                                                                                                                
MS. DELBRIDGE said the intent  is to avoid too many restrictions.                                                               
She explained that the previous version  of HB 9 directed AGDC to                                                               
follow through (per House Bill 369)  on the route that serves the                                                               
most  Alaskans,  with  modifications  as  necessary  in  an  open                                                               
season.  Thus,   there  is  flexibility  to   adjust  the  route.                                                               
Potential future pipelines may or may  not be attached to a large                                                               
in-state pipeline. If gas is found  in the Kotzebue area known as                                                               
middle earth, that  is another kind of  pipeline that potentially                                                               
can be pursued.                                                                                                                 
                                                                                                                                
She  continued that  version J  addresses public  information and                                                               
confidentiality, but not strongly enough.  It does not allow AGDC                                                               
to enter  into confidentiality agreements with  anyone other than                                                               
state  agencies. It  requires disclosure  of contracts  for joint                                                               
ownership,  sale,   operations,  and  management,  which   is  an                                                               
expansion  of the  disclosure  requirements in  HB  9. She  again                                                               
highlighted that  the CS does  not protect the work  product AGDC                                                               
develops.                                                                                                                       
                                                                                                                                
10:48:44 AM                                                                                                                   
MS. DELBRIDGE  questioned the intent  in deleting  the definition                                                               
for in-state  natural gas pipeline, because  the sponsors believe                                                               
it is important  for AGDC to work on an  intrastate gas pipeline,                                                               
not  an interstate  gas  pipeline. Finally,  the  CS removes  the                                                               
judicial  review  limitations  that  help  create  certainty  and                                                               
alleviate risk. The  sponsors see those as one way  the state can                                                               
further support a  project that will directly  benefit the people                                                               
of the state.                                                                                                                   
                                                                                                                                
CHAIR  OLSON  mentioned  the three  pipeline  projects  currently                                                               
contemplated and the  tax credits for the two Cook  Inlet jack up                                                               
rigs, and questioned  the need for a gas pipeline  from the North                                                               
Slope that follows the route outlined in House Bill 369.                                                                        
                                                                                                                                
MS. DELBRIDGE responded  that two of the  three pipeline projects                                                               
are  designed to  export  significant volumes  of  Alaska gas  to                                                               
markets  outside   the  state,  whereas  an   in-state  line  has                                                               
generally been viewed  as a way to get in-state  gas to Alaskans.                                                               
There  may  be  opportunity  in  the  future  for  a  project  to                                                               
accomplish  both,  but  the  sponsors'  would  like  AGDC  to  be                                                               
empowered  to work  off that  and connect  as much  of Alaska  as                                                               
possible to natural gas.                                                                                                        
                                                                                                                                
The sponsors realize  that the jack up rigs headed  to Cook Inlet                                                               
are covered  by credits,  but it  will take  time before  any gas                                                               
prospects in Cook Inlet result in production.                                                                                   
                                                                                                                                
CHAIR OLSON  asked if production  from the AGDC pipeline  line is                                                               
expected in 2020.                                                                                                               
                                                                                                                                
MS. DELBRIDGE offered her belief  that it would be operational in                                                               
2018  if AGDC  holds  an  open season  in  2013.  She offered  to                                                               
provide a copy of the AGDC project plan.                                                                                        
                                                                                                                                
CHAIR OLSON asked Representative Hawker if he agreed.                                                                           
                                                                                                                                
REPRESENTATIVE HAWKER answered yes, absolutely.                                                                                 
                                                                                                                                
10:52:43 AM                                                                                                                   
MS. DELBRIDGE said the sponsors  have been instrumental in trying                                                               
to encourage exploration  and development in Cook  Inlet, but the                                                               
Cook Inlet  utilities Enstar, Chugach,  and ML&P  have contracted                                                               
with  Petrotechnical  Resources  Alaska  (PRA)  to  evaluate  the                                                               
resource.  As  it  stands  now,   those  utilities  do  not  have                                                               
contracts  for a  significant portion  of  the base  load of  gas                                                               
needed in  2015. The  larger problem  is that  Cook Inlet  is not                                                               
connected to  other markets without  an LNG export  facility, and                                                               
without  a  long-term  gas  supply,  that  facility  may  not  be                                                               
operating next year.  Without an avenue to sell the  gas, many of                                                               
those small producers may not have a market for what they find.                                                                 
                                                                                                                                
10:54:30 AM                                                                                                                   
SENATOR STEVENS joined the committee.                                                                                           
                                                                                                                                
MS.  DELBRIDGE said  the Cook  Inlet producers  generally support                                                               
the idea  that it will not  hurt their operations to  bring North                                                               
Slope  gas into  Cook  Inlet in  the  timeframe being  discussed.                                                               
There are  indications that it  could actually help if  it serves                                                               
as the  foundation for  continued exports,  and helps  with those                                                               
seasonal fluctuations that the local markets can't accommodate.                                                                 
                                                                                                                                
CHAIR OLSON asked about gas storage in Cook Inlet.                                                                              
                                                                                                                                
MS.  DELBRIDGE  said the  gas  storage  facility that  is  almost                                                               
complete was  designed to meet  the seasonal fluctuation,  but is                                                               
not sufficient to take care of the future anticipated base load.                                                                
                                                                                                                                
CHAIR OLSON asked if she would  agree that the Cook Inlet jack up                                                               
rigs could supply  gas more quickly than getting  a pipeline from                                                               
the North Slope.                                                                                                                
                                                                                                                                
MS.  DELBRIDGE answered  that is  theoretically correct,  but the                                                               
individual companies  will need  capital and  time to  define the                                                               
resource and get it into production.                                                                                            
                                                                                                                                
10:57:05 AM                                                                                                                   
REPRESENTATIVE  HAWKER added  that the  sponsors are  prepared to                                                               
amend  HB 9  to  direct AGDC  to  pursue a  south  to north  line                                                               
specifically if  there is gas in  Cook Inlet that can  meet long-                                                               
term commitments to Fairbanks.                                                                                                  
                                                                                                                                
CHAIR OLSON held HB 9 in committee.                                                                                             

Document Name Date/Time Subjects
HB 9 Version J adopted previously.PDF SCRA 4/19/2012 10:00:00 AM
HB 9
HB9 Version J - Sectional.pdf SCRA 4/19/2012 10:00:00 AM
HB 9