Legislature(2005 - 2006)SENATE FINANCE 532

04/07/2006 09:00 AM Senate FINANCE


Download Mp3. <- Right click and save file as

Audio Topic
09:04:22 AM Start
09:04:57 AM SB305
12:41:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 12:20 pm --
+= SB 305 OIL AND GAS PRODUCTION TAX TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
     CS FOR SENATE BILL NO. 305(RES)                                                                                            
     "An  Act providing  for a  production  tax on  oil and  gas;                                                               
     repealing  the  oil  and  gas  production  (severance)  tax;                                                               
     relating to the calculation of  the gross value at the point                                                               
     of production of oil or gas  and to the determination of the                                                               
     value of oil  and gas for purposes of the  production tax on                                                               
     oil and gas;  providing for tax credits against  the tax for                                                               
     certain   expenditures   and   losses;   relating   to   the                                                               
     relationship of the  production tax on oil and  gas to other                                                               
     taxes, to  the dates those  tax payments and  surcharges are                                                               
     due,  to interest  on overpayments  of the  tax, and  to the                                                               
     treatment of  the tax  in a  producer's settlement  with the                                                               
     royalty owners; relating  to flared gas, and to  oil and gas                                                               
     used  in the  operation of  a  lease or  property under  the                                                               
     production tax; relating  to the prevailing value  of oil or                                                               
     gas  under the  production  tax; relating  to surcharges  on                                                               
     oil; relating  to statements  or other  information required                                                               
     to be filed with or  furnished to the Department of Revenue,                                                               
     to the penalty  for failure to file certain  reports for the                                                               
     tax, to the powers of the  Department of Revenue, and to the                                                               
     disclosure of  certain information required to  be furnished                                                               
     to  the   Department  of  Revenue   as  applicable   to  the                                                               
     administration of  the tax;  relating to  criminal penalties                                                               
     for  violating conditions  governing  access to  and use  of                                                               
     confidential  information relating  to the  tax, and  to the                                                               
     deposit  of  tax  money  collected   by  the  Department  of                                                               
     Revenue;  amending  the  definitions of  'gas,'  'oil,'  and                                                               
     certain other terms for purposes  of the production tax, and                                                               
     as the  definition of the  term 'gas' applies in  the Alaska                                                               
     Stranded   Gas   Development   Act,   and   adding   further                                                               
     definitions;  making  conforming amendments;  and  providing                                                               
     for an effective date."                                                                                                    
                                                                                                                                
                                                                                                                                
This was the seventh hearing for  this bill in the Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Green  announced that  three  independent  oil and  gas                                                               
companies  would  provide  their perspectives  on  the  Petroleum                                                               
Profits Tax (PPT) during this hearing.                                                                                          
                                                                                                                                
9:04:57 AM                                                                                                                    
                                                                                                                                
                         PPT Discussion                                                                                         
                 Anadarko Petroleum Corporation                                                                                 
                         April 7, 2006                                                                                          
                                                                                                                                
MARK   HANLEY,  Public   Affairs   Manager,  Anadarko   Petroleum                                                               
Corporation/Alaska,  stated that  his  presentation would  review                                                               
Anadarko's Alaska  operations; the  company's perspective  on the                                                               
PPT  as presented  in  SB 305  which was  the  original PPT  bill                                                               
proposed by Governor  Frank Murkowski; the key issues  of the PPT                                                               
identified by  Anadarko and how  they might impact  the company's                                                               
activity in the State; and elements  of concern to the company in                                                               
CSSB 305(RES)  which is  the bill being  advanced by  the Senate.                                                               
[Note:  CSSB  305(RES)  is  referenced   as  CSSB  305  in  these                                                               
minutes.]                                                                                                                       
                                                                                                                                
Mr.   Hanley's  remarks   were   accompanied   by  a   PowerPoint                                                               
presentation (copy on file).                                                                                                    
                                                                                                                                
[Note:  The  pages  in  the   PowerPoint  presentation  were  not                                                               
numbered; therefore,  for reference purposes, the  Senate Finance                                                               
Committee  Secretary  made  a  notation   on  each  page  of  the                                                               
corresponding timestamp in which that  page was addressed in this                                                               
hearing.  General   descriptive  information  of  each   page  is                                                               
provided in  the body of these  minutes when feasible. A  copy of                                                               
the  handout  can  be  obtained  by  contacting  the  Legislative                                                               
Research Library at (907)465-3808.]                                                                                             
                                                                                                                                
Mr.  Hanley  informed  the Committee  that  Anadarko,  which  was                                                               
headquartered in  Houston Texas,  is a large  independent company                                                               
whose primary  activity is  to explore and  produce oil  and gas.                                                               
Even though Anadarko had global  operations, it did not have much                                                               
public  name recognition  as it  did not  have refineries  or gas                                                               
stations. Anadarko  had approximately 3,500 employees  and market                                                               
capitalization holdings of approximately $23 billion.                                                                           
                                                                                                                                
Mr. Hanley communicated that Anadarko  had operated in Alaska for                                                               
approximately  ten  years. The  map  in  the presentation  titled                                                               
"Anadarko's  Alaska  Acreage  Position"  depicted  the  company's                                                               
"extensive"  Alaska acreage  holdings: the  areas highlighted  in                                                               
pink  or  yellow  indicated  areas   in  which  Anadarko  had  an                                                               
ownership  interest. Other  companies'  acreage  was depicted  in                                                               
gray.  Anadarko's acreage  exceeded five  million acres  gross or                                                               
2.2 million acres net and  consisted of leases on State, federal,                                                               
and Native  Regional Corporation land. The  company competed with                                                               
ConocoPhillips for having  the largest net acreage  in the State.                                                               
ConocoPhillips leases  consisted primarily  of State  and federal                                                               
land.                                                                                                                           
                                                                                                                                
Mr. Hanley noted  that Anadarko addressed its land  holdings as a                                                               
regional model whereas other  companies typically concentrated on                                                               
one or two areas of operations  at a time. Anadarko currently had                                                               
in  excess of  "100 leads  and prospects  across the  State". The                                                               
company  enjoyed   working  in  the  State   because  there  were                                                               
"opportunities in multiple plays".                                                                                              
                                                                                                                                
9:07:37 AM                                                                                                                    
                                                                                                                                
     Alaska Opportunities                                                                                                       
                                                                                                                                
        · World class petroleum basin                                                                                           
        · Significant remaining resource potential                                                                              
        · Legacy type prospectivity (i.e. Anchor Fields)                                                                        
        · Favorable political environment                                                                                       
        · Abundant new entrants/partnering opportunities                                                                        
                                                                                                                                
Mr. Hanley reviewed  the information. He pointed out  that even a                                                               
50 million barrel  field would be uneconomical were  it more than                                                               
five or ten miles from  existing infrastructure. Nonetheless, the                                                               
company  determined that  significant oil  potential particularly                                                               
large fields did  exist. Large oil fields, such  as Alpine, which                                                               
are referred  to as  legacy or anchor  fields because  they could                                                               
"support their  own facilities", were important  to Anadarko. The                                                               
company  preferred   to  develop   satellite  fields   after  the                                                               
infrastructure  of  the  larger  field was  in  place.  Anadarko,                                                               
partnering with  ConocoPhillips, held  a 22-percent  ownership in                                                               
Alpine.  The  two  companies  were  also  conducting  exploration                                                               
activities in the National Petroleum Reserve-Alaska (NPR-A).                                                                    
                                                                                                                                
Mr. Hanley noted that the  stability of the political environment                                                               
in  the   State  was  important   to  the  industry.   They  also                                                               
appreciated the  State's efforts to address  industry issues. For                                                               
example, the State endeavored to  find ways to lengthen the short                                                               
drilling  season experienced  in the  State. It  also continually                                                               
addressed regulatory issues of concern to the industry.                                                                         
                                                                                                                                
Mr.  Hanley was  pleased  that new  companies  were entering  the                                                               
Alaska resource  market. This  momentum was  considered positive,                                                               
as,  in addition  to furthering  the development  of North  Slope                                                               
resources, these companies could be potential partners.                                                                         
                                                                                                                                
9:09:29 AM                                                                                                                    
                                                                                                                                
Senator  Dyson asked  Mr. Hanley  to comment  on some  companies'                                                               
position  that the  PPT would  negatively affect  exploration and                                                               
development activity in the State.                                                                                              
                                                                                                                                
Mr.  Hanley disclosed  that the  PPT had  been the  focus of  two                                                               
recent meetings  he attended at company  headquarters. Anadarko's                                                               
efforts to advance Alaskan projects  with some partners was being                                                               
hampered because  of the  proposed tax  change. People  wanted to                                                               
know  how  such  things  as the  40  percent  exploration  credit                                                               
allowed under the State's current  tax regime, the Economic Limit                                                               
Factor (ELF),  would be affected. Thus,  Anadarko was considering                                                               
how the  proposed PPT  would affect  its projects.  "Depending on                                                               
how it  comes out,  it can  have an impact."  He would  expand on                                                               
this later in  his presentation. To that point  however, he noted                                                               
that  Anadarko  had  determined that  "the  Governor's  bill,  as                                                               
introduced", would "improve our  exploration economics" over that                                                               
of ELF.                                                                                                                         
                                                                                                                                
9:11:14 AM                                                                                                                    
                                                                                                                                
Senator Dyson  asked whether that  view was primarily due  to the                                                               
exploration and development work credits included in SB 305.                                                                    
                                                                                                                                
Mr.  Hanley  replied  "absolutely". Additional  remarks  on  this                                                               
would be forthcoming.                                                                                                           
                                                                                                                                
     Alaska Challenges                                                                                                          
                                                                                                                                
        · Maturing basin/materiality                                                                                            
        · High costs                                                                                                            
        · Lack of infrastructure and competition                                                                                
        · Extremely long lead-time exploration                                                                                  
        · Seasonal drilling & regulatory timing requirements                                                                    
        · Lack of gas market                                                                                                    
                                                                                                                                
Mr. Hanley  stated that while  Alaska had resource  potential, it                                                               
also  had  resource challenges.  He  reviewed  the challenges  as                                                               
listed. The lead time from  discovery to production in Alaska was                                                               
one of  the longest in the  world. While it might  be possible to                                                               
drill one well a year in  Alaska, three wells could be drilled in                                                               
one year  in places such as  the Gulf of Mexico  (GoM). A project                                                               
which might  take four  or five years  somewhere else  might take                                                               
seven to ten  years here. Tying up money for  that length of time                                                               
had an impact.  The time required for projects in  the State also                                                               
resulted in conservative oil price  valuations. People have asked                                                               
him why more drilling had not  accompanied the high price of oil.                                                               
His response was  to ask those people if they  could predict what                                                               
the price was going to be from  2013 to 2035. That was the length                                                               
of time that  might be required to produce some  of Alaska's oil.                                                               
Conservative decisions must be made.                                                                                            
                                                                                                                                
Mr. Hanley noted  that the lack of gas market  was also an issue.                                                               
Anadarko  was very  supportive  of a  gas  pipeline because  they                                                               
believed  there was  "significant  gas potential"  in the  State.                                                               
Right  now,  gas  discoveries were  considered  "throwaways"  as,                                                               
without  a transportation  link, they  "are not  worth anything".                                                               
The belief was  that a gas pipeline would  incur both significant                                                               
gas exploration and oil exploration.                                                                                            
                                                                                                                                
     How about PPT?                                                                                                             
                                                                                                                                
        · We support original bill                                                                                              
        · Administration did a good job balancing issues &                                                                      
          priorities                                                                                                            
          o We pay more in taxes, but our exploration economics                                                                 
             improve and there is some downside price protection                                                                
            - should increase exploration investment                                                                            
          o State receives substantially more revenue than under                                                                
             current system                                                                                                     
                                                                                                                                
Mr. Hanley voiced support for  the original bill as introduced by                                                               
the  Governor.  He  categorized Anadarko  as  having  been  "more                                                               
supportive" of  that bill than  other producers who  have painted                                                               
themselves as being  "tentatively" supportive. The Administration                                                               
"did a good job of balancing  the issues and priorities that were                                                               
out there. Frankly,  as a producer at Alpine and  an explorer" we                                                               
would probably  pay more  in taxes under  the new  bill"; however                                                               
that  would  be offset  by  "an  improvement in  our  exploration                                                               
economics". The "downside price  protections" provided in the PPT                                                               
are  an improvement  over ELF.  Nonetheless, the  State would  be                                                               
collecting more  revenue at  higher prices  under the  20 percent                                                               
tax and 20 percent credit (20/20) structure proposed in SB 305.                                                                 
                                                                                                                                
9:14:12 AM                                                                                                                    
                                                                                                                                
     More production needed                                                                                                     
                                                                                                                                
        · Declining production is primary driver of lower state                                                                 
          revenue                                                                                                               
        · Increased investment (compared with today's levels)                                                                   
          needed to increase production & stem decline                                                                          
        · Original bill offset tax increase with credits &                                                                      
          allowances                                                                                                            
             o Our exploration economics generally improved                                                                     
        · Tax rate increases and allowance decreases (with no                                                                   
          credit offsets) reduce our economics                                                                                  
            o Minimum economic field size increases                                                                             
             o Amount of economically recoverable oil & gas                                                                     
               decreases                                                                                                        
                                                                                                                                
Mr.  Hanley referenced  an Anchorage  Daily News  editorial [copy                                                               
not provided]  which spoke  to the decline  in oil  production in                                                               
the State.  Declining production was  an issue of concern  to the                                                               
industry.  As production  decreased, costs  associated with  that                                                               
production  increased. Some  of this  issue "is  masked" by  high                                                               
prices.  From an  exploration position,  Anadarko hoped  that the                                                               
provisions in  the PPT would  encourage additional  investment in                                                               
the State beyond that occurring under ELF.                                                                                      
                                                                                                                                
9:15:20 AM                                                                                                                    
                                                                                                                                
Mr.  Hanley stated  that  SB 305,  as opposed  to  the House  and                                                               
Senate PPT  committee substitutes,  would balance the  higher tax                                                               
with  credits  and deductions.  Even  thought  the severance  tax                                                               
levied on the industry would increase  under all three of the PPT                                                               
proposals, the State  would "pick up" 40 percent  of drilling and                                                               
other development costs under the 20/20 terms of SB 305.                                                                        
                                                                                                                                
Mr. Hanley  pointed out that  the tax increase and  the decreased                                                               
allowances  contained   in  CSSB  305  would   affect  Anadarko's                                                               
exploration  economics. To  further  this point,  he displayed  a                                                               
copy of "Chart  11.7" [copy not provided] developed  by Dr. Pedro                                                               
van  Meurs,   an  international   oil  economist  hired   by  the                                                               
Administration,  which  provided  "a  net  present  value"  (NPV)                                                               
analysis  of a  50 million  barrel field.  The bottom  graph line                                                               
depicted the  economics of  that field under  ELF. Dr.  van Meurs                                                               
also  calculated  the economics  of  the  field under  two  other                                                               
scenarios: a  20 percent  tax and 15  percent credit  (20/15) PPT                                                               
tax structure and a 25 percent  tax and 20 percent credit (25/20)                                                               
PPT structure  similar to  that proposed in  CSSB 305.  Like CSSB
305, the  25/20 example also  excluded the $73  million allowance                                                               
contained in  SB 305. While the  20/20 tax regime proposed  in SB
305 was not  depicted on the chart, the value  of the $73 million                                                               
allowance included in  that bill to a new entrant  in the oil and                                                               
gas industry in Alaska was reflected on the chart.                                                                              
                                                                                                                                
Mr. Hanley noted  that the $73 million allowance  provision in SB
305 would  be of  some benefit to  major companies;  however, its                                                               
impact  on smaller  companies  and new  entrants  in the  State's                                                               
resource market would be much more significant.                                                                                 
                                                                                                                                
Mr. Hanley  pointed out  that the graph  lines crossed  over each                                                               
other when the  West Texas Intermediate (WTI)  oil price exceeded                                                               
$40 a barrel.  At that point, the 25/20 PPT  example, without the                                                               
$73 million  allowance, would be, in  the industry's perspective,                                                               
"worse  than the  current  system":  it would  tax  more at  that                                                               
level, even without  a Progressivity element. The  inclusion of a                                                               
Progressivity  element  would  further   affect  the  percent  of                                                               
government take. Such  things were considered by  the industry in                                                               
their economic  modeling. The industry  was also  concerned about                                                               
which price  level would trigger the  Progressivity escalator. In                                                               
summary, the  Progressivity component included in  CSSB 305 would                                                               
negatively affect the prospectivity of fields in Alaska.                                                                        
                                                                                                                                
9:19:11 AM                                                                                                                    
                                                                                                                                
Senator Bunde asked  Mr. Hanley to further explain  how the 25/20                                                               
example modeled on  the chart compared to  CSSB 305; specifically                                                               
whether  it  contained  "the two  for  one  clawback"  provisions                                                               
included in CSSB 305.                                                                                                           
                                                                                                                                
Mr. Hanley  considered the 25/20  line graph  on the chart  to be                                                               
similar to the 25/20 PPT  before the Committee with the exception                                                               
being that the  "two for one" clawback  transitional language was                                                               
not   factored  into   the  modeling.   The  inclusion   of  that                                                               
transitional  language in  the  modeling would  not  result in  a                                                               
noticeable shift  in the line  as those provisions  would provide                                                               
"just a slight amount of benefit" to the industry.                                                                              
                                                                                                                                
Senator Bunde  understood therefore that the  transition language                                                               
in the bill was of less  importance to companies such as Anadarko                                                               
than it might be to others.                                                                                                     
                                                                                                                                
Mr. Hanley  clarified that, while  the transition  language would                                                               
be   "important"  to   Anadarko,   it   would  affect   companies                                                               
differently. Companies such as Anadarko  which had expended money                                                               
in the  past and expected to  spend money in the  future would be                                                               
assisted by  that provision.  However, the  transition provisions                                                               
would not benefit a company new to the State.                                                                                   
                                                                                                                                
Mr.  Hanley  expressed  that the  economics  of  production  from                                                               
existing  fields   would  differ   from  those  of   new  fields.                                                               
"Different  fields have  different threshold  prices" upon  which                                                               
they would make  money. Some profess that the  25/20 PPT proposal                                                               
would be more beneficial to  exploration when prices were low, as                                                               
it  would  provide  some  downside  protection.  The  discussion,                                                               
however, does  not address the fact  that at low prices,  few new                                                               
prospects  would  be  economical.   Thus,  while  the  25/20  PPT                                                               
proposal would  cover the cost of  drilling a dry hole,  no wells                                                               
would  be  drilled when  barrel  prices  were  low. It  would  be                                                               
uneconomical to do so. The whole story must be considered.                                                                      
                                                                                                                                
Mr.   Hanley  affirmed   that,   as  attested   by  the   State's                                                               
consultants, the  industry would include  a range of prices  in a                                                               
project's economic modeling analyses.                                                                                           
                                                                                                                                
9:22:28 AM                                                                                                                    
                                                                                                                                
Mr. Hanley next  reviewed a "Small Oil Development  - Net Present                                                               
Value"  chart [copy  on  file] developed  by  Anadarko which  was                                                               
based  on  the wellhead  oil  price  rather  than the  WTI  price                                                               
utilized in  Mr. Van Meurs  NPV chart. Therefore,  for comparison                                                               
purposes, eight  dollars should be  added to the  wellhead price.                                                               
The charts  were similar in their  modeling conclusions. Anadarko                                                               
included the $73  million dollar allowance in both  the 20/20 and                                                               
25/20 modelings depicted  on its chart and  compared those charts                                                               
to ELF. While this chart would  indicate that a "higher tax rate"                                                               
would negatively  impact a project's  economics, the  decision as                                                               
to  whether those  economics  would be  "worse  than the  current                                                               
system depended  on the price  forecast "and what's in  there" in                                                               
regards to the tax rate, the credits, and the allowances.                                                                       
                                                                                                                                
9:24:38 AM                                                                                                                    
                                                                                                                                
Mr.  Hanley communicated  that another  issue of  concern to  the                                                               
industry  was the  PPT tax  escalator which  the Legislature  has                                                               
titled  Progressivity.  The  industry  characterized  this  as  a                                                               
windfall profits  tax; however, it  would be more  appropriate to                                                               
refer to it  as a windfall gross revenue tax.  A windfall profits                                                               
tax would  be applicable where  it to  apply "to a  profit margin                                                               
after  expenses,  not  applying   something  to  a  gross  number                                                               
regardless of cost".                                                                                                            
                                                                                                                                
Mr.  Hanley  further   noted  that  the  primary   focus  of  the                                                               
discussion about  the Progressivity element was  the barrel price                                                               
point at which the Progressivity element would be triggered.                                                                    
                                                                                                                                
9:25:54 AM                                                                                                                    
                                                                                                                                
Mr. Hanley referred  to a chart [copy not  provided] developed by                                                               
Econ  One  Research,  an  economic research  firm  hired  by  the                                                               
Administration.   The  chart   depicted   "USGS  [United   States                                                               
Geological  Survey]  estimates at  different  oil  prices of  the                                                               
economically    recoverable   reserves".    Exploration   efforts                                                               
occurring on  reserves on the  central North Slope was  the focus                                                               
of this  chart. The Arctic  National Wildlife Reserve  (ANWR) was                                                               
not  included  in  the information.  USGS  estimated  there  were                                                               
approximately four  billion barrels  of economic  recoverable oil                                                               
remaining  in  the central  North  Slope  area. However,  it  was                                                               
uneconomic  to recover  these reserves  at  oil prices  of $30  a                                                               
barrel.  Approximately  one  billion  barrels  of  oil  would  be                                                               
considered  economically  recoverable  at  oil prices  of  $40  a                                                               
barrel. That number would increase at prices of $50 per barrel.                                                                 
                                                                                                                                
Mr.  Hanley communicated  however  that the  effect of  declining                                                               
production rates were  "missing from some of  the analyses" which                                                               
depicted  higher  tax  rate  take   information.  They  were  not                                                               
included  because  they are  difficult  to  model. The  modelings                                                               
instead   utilized  "a   standard  forecast"   provided  by   the                                                               
Department of  Revenue. This was  an important factor  in regards                                                               
to the  price point  at which  Progressivity would  be activated.                                                               
While small  fields or fields  away from  existing infrastructure                                                               
might be  thought to  be economic at  barrel prices  ranging from                                                               
$40 to $60,  the higher tax rate imposed  under the Progressivity                                                               
component would  negatively impact them. The  industry in general                                                               
does  not support  escalators; "we  do play  for the  high side".                                                               
However,  were  the inclusion  of  an  escalator inevitable,  the                                                               
trigger  point  should be  elevated  beyond  the point  at  which                                                               
smaller fields would be considered economic.                                                                                    
                                                                                                                                
9:28:07 AM                                                                                                                    
                                                                                                                                
Senator  Bunde  asked  whether Anadarko  had  modeled  production                                                               
costs verses  the barrel  price for such  fields, as  affected by                                                               
elevating barrel prices.                                                                                                        
                                                                                                                                
9:28:33 AM                                                                                                                    
                                                                                                                                
Mr. Hanley understood  the question to be whether  costs would be                                                               
subject to inflationary influences as prices increased.                                                                         
                                                                                                                                
9:28:48 AM                                                                                                                    
                                                                                                                                
Senator  Bunde clarified  his question:  how much  more would  it                                                               
cost to  access a field  which, while not considered  economic to                                                               
develop at  $40 a barrel, would  be at $60. In  other words would                                                               
the profit margin  for a field developable at $40  be the same as                                                               
a field deemed accessible at $60.                                                                                               
                                                                                                                                
Mr. Hanley  stated that  were a field  deemed uneconomic  at $40,                                                               
but  economic at  prices or  $50 or  $60, it  must have  "crossed                                                               
certain  thresholds" such  as a  minimal rate  of return.  As the                                                               
price of oil  increased, "the minimal economic field  size on the                                                               
North   Slope   decreases;  the   distance   you   can  be   from                                                               
infrastructure and still have a project increases…."                                                                            
                                                                                                                                
Senator Bunde  asked how  the profit margin  of a  project deemed                                                               
economic at  a $40 barrel price  would compare to a  field deemed                                                               
economic at $60 per barrel.                                                                                                     
                                                                                                                                
Mr. Hanley  replied that  the profit margin  would "be  higher at                                                               
$60 than it was at $40".                                                                                                        
                                                                                                                                
Senator Bunde asked whether that would  be true in the case where                                                               
that field had been deemed uneconomic to access at $40.                                                                         
                                                                                                                                
Mr.  Hanley understood  the gist  of the  question to  be whether                                                               
development costs would also increase as prices increased.                                                                      
                                                                                                                                
Senator Bunde affirmed.                                                                                                         
                                                                                                                                
Mr.  Hanley  stated  that some  increase  would  be  experienced.                                                               
However, as prices increased "there  tends to be more exploration                                                               
around the world".  For example, recent high  oil prices resulted                                                               
in  increased competition  for exploration  rigs. This  served to                                                               
increase costs.                                                                                                                 
                                                                                                                                
Mr. Hanley hoped that a gas  pipeline would be constructed on the                                                               
North Slope.  Regardless of whether  or not oil  prices continued                                                               
upward,  industry  costs  would   increase  because  of  a  steel                                                               
shortage resulting from the McKenzie  gasline and Alaska pipeline                                                               
demands. In  addition to such  things as increased  drilling pipe                                                               
costs, these two projects would  also increase labor and material                                                               
costs due to increased competition within the industry.                                                                         
                                                                                                                                
Mr. Hanley  suggested including a  cost inflator of some  type on                                                               
whatever price  was determined as  the Progressivity  trigger. To                                                               
that point,  "it would be  easier to  apply the tax  escalator to                                                               
the net"  rather than to  the $40  barrel price proposed  in CSSB
305  because utilizing  the standard  Consumer Price  Index (CPI)                                                               
"would not necessarily reflect the  cost in the oil industry". He                                                               
reminded  that,  in the  1980s,  while  inflation increased,  oil                                                               
industry costs actually decreased due  to such things as improved                                                               
technology  and a  surplus  in rigs  resulting  from lowered  oil                                                               
prices.  In   recent  years,  drilling  expenses   had  increased                                                               
approximately 50 percent even though the CPI had not.                                                                           
                                                                                                                                
Mr.  Hanley stated  that basing  "the escalator"  on net  profits                                                               
would "have  the proper impact".  It would allow the  industry to                                                               
deduct its  actual costs.  Were costs to  decrease, the  money to                                                               
the  State would  increase, and  were costs  to increase  the tax                                                               
payment to the State would diminish.                                                                                            
                                                                                                                                
9:32:45 AM                                                                                                                    
                                                                                                                                
Mr.  Hanley addressed  the assumption  that as  prices increased,                                                               
the industry  would have more  money and  "could afford to  pay a                                                               
higher share".  This would only  be correct were costs  to remain                                                               
constant. The simplest  way to address the cost  element would be                                                               
to apply  the escalator  to net  profits. He  was puzzled  to the                                                               
resistance this suggestion had encountered.                                                                                     
                                                                                                                                
Mr. Hanley identified  another PPT issue as being  whether to use                                                               
WTI or  Alaska North Slope (ANS)  West Coast "as the  marker". He                                                               
opted  against using  WTI. Econ  One had  previously presented  a                                                               
history  of  the two.  The  value  of  WTI was  historically  two                                                               
dollars more than ANS West  Coast. However, that difference would                                                               
increase  as more  heavy oil  was  processed: it  would "be  less                                                               
reflective  of the  actual value  of Alaska  crude in  the future                                                               
potentially than it is today".                                                                                                  
                                                                                                                                
Mr.  Hanley suggested  that the  Committee consider  utilizing "a                                                               
wellhead approach" for  the tax base. He was again  puzzled as to                                                               
the reason there  was also concern in this  regard. This approach                                                               
would use  the process determining  "the gross value at  point of                                                               
production for the  purposes of overall revenue".  The first step                                                               
would be  to determine the  production level  in terms of  oil in                                                               
barrels  per day.  That figure  would  be used  to determine  the                                                               
price.  The   point  of  production  calculation   was  currently                                                               
required from each developer. Costs  would be deducted from this.                                                               
That would provide the tax base for the PPT.                                                                                    
                                                                                                                                
Mr. Hanley could  not understand why this  calculation, which was                                                               
"our actual revenues received, times  our barrels produced" would                                                               
not be  preferred to  "some hypothetical number  that may  or may                                                               
not mimic what the actual costs are or inflation".                                                                              
                                                                                                                                
Mr.  Hanley  stressed the  point  that  calculating the  wellhead                                                               
value would  be a required component  of the PPT in  any case. He                                                               
suggested that the wellhead value  be determined at each point of                                                               
production, as differences would  occur. Producers in Alpine were                                                               
subject  to extra  costs since  additional pipe  was required  to                                                               
transport oil to TAPS. That was  an actual cost to the producers.                                                               
Utilizing WTI  or ANS  West Coast prices  would not  reflect such                                                               
costs. Additional  expenses would  also be incurred  by companies                                                               
operating in  NPR-A. "Using a  standard methodology that  says as                                                               
the price goes  up, you have the same impact  discourages some of                                                               
the exploration  that might  go on in  the developments  that are                                                               
further out." Higher costs should be reflected.                                                                                 
                                                                                                                                
Mr.  Hanley supported  the suggestion  offered by  Chevron during                                                               
their  April   6,  2006  presentation  to   the  Committee.  That                                                               
suggestion spoke "to how to  evaluate a net profits approach with                                                               
the escalators on  the net, and how you use  a criteria for where                                                               
you start your  escalator based on a per barrel  basis." While it                                                               
might be more difficult to  "describe", it would not be difficult                                                               
to implement. It would be based  on the gross value at each point                                                               
of production and the net on that.                                                                                              
                                                                                                                                
Mr.  Hanley   repeated  his  suggestion  that   Progressivity  be                                                               
triggered at  a $55 wellhead  North Slope  price or $60  ANS West                                                               
Coast price rather than the $40  price proposed in CSSB 305. This                                                               
would  allow  the  industry  to access  "some  of  the  increased                                                               
economics that are out there".                                                                                                  
                                                                                                                                
9:37:30 AM                                                                                                                    
                                                                                                                                
Co-Chair   Wilken   countered    Mr.   Hanley's   position   that                                                               
Progressivity  was  incorporated  into  the  bill  based  on  the                                                               
premise  that as  industry's profits  increased,  they could  pay                                                               
more.  The  State  like  Anadarko   had  shareholders.  Thus,  as                                                               
increasing  oil prices  generated  more revenue  to the  industry                                                               
"through  no effort  of  your own",  the  industry would  benefit                                                               
because its costs were not  increasing "at a corresponding rate".                                                               
In other words,  its gross profits would be  increasing more than                                                               
its  expenses.  Therefore,  the  industry's  shareholders  should                                                               
share that  profit with the  State's shareholders who  had shared                                                               
their oil resources with them.                                                                                                  
                                                                                                                                
Co-Chair  Wilken stated  that SB  305 would  maintain a  constant                                                               
State  take  rather than  increasing  State  take as  oil  prices                                                               
escalated.  It  was  "entirely appropriate"  for  the  Senate  to                                                               
incorporate a  Progressivity element which would  allow the State                                                               
"to share with the producers that  what amounts to an increase in                                                               
revenue without  a corresponding  increase in costs."  He doubted                                                               
that  this legislation  would be  adopted "without  some sort  of                                                               
Progressivity factor".                                                                                                          
                                                                                                                                
Co-Chair Wilken  appreciated that Anadarko was  in alignment with                                                               
Chevron's   position  on   the  PPT,   as  he   considered  their                                                               
suggestions on the bill to be worthy of consideration.                                                                          
                                                                                                                                
9:39:30 AM                                                                                                                    
                                                                                                                                
Mr. Hanley  communicated that the  intent of the industry  was to                                                               
provide constructive  suggestions regarding the structure  of the                                                               
PPT  and  the  Progressivity  feature.   A  structure  should  be                                                               
developed which  would address the  "legitimate concerns"  of the                                                               
industry.  The discussion  should consider  the possibility  that                                                               
industry  costs might  increase  faster than  the  price of  oil.                                                               
Having  Progressivity based  on  net profits  would address  such                                                               
concerns.                                                                                                                       
                                                                                                                                
Mr.   Hanley  acknowledged   that   industry   costs  would   not                                                               
immediately track with  a rapid increase in  oil prices. However,                                                               
industry  costs over  time  would increase.  Since  a $40  barrel                                                               
price was  included in the  industry's economic  modeling, basing                                                               
the  Progressivity trigger  at that  price would  affect "how  we                                                               
view the  economics of  some of our  future prospects".  He urged                                                               
the  Committee to  specify a  Progressivity trigger  at a  higher                                                               
price.                                                                                                                          
                                                                                                                                
9:41:25 AM                                                                                                                    
                                                                                                                                
Mr.  Hanley   addressed  Senator   Bunde's  question   about  the                                                               
transition  allowance   which  was   also  referred  to   as  the                                                               
"clawback" or  "look back" provision.  He noted that  in December                                                               
2004  when  oil  prices  were  "fairly  high",  Anadarko  make  a                                                               
"sanctioned decision"  to begin  work on  two satellite  areas in                                                               
the Alpine field. The fact that  Anadarko would pay "little or no                                                               
severance tax on those two fields"  under ELF was a factor in the                                                               
decision  to develop  those two  fields.  However, when  Governor                                                               
Murkowski  issued "his  aggregation  decision"  in January  2005,                                                               
those  fields "were  put on  hold". Discussions  ensued with  the                                                               
Administration,  as   Anadarko,  which  is  currently   paying  a                                                               
severance tax  rate of  approximately 13  percent at  Alpine, was                                                               
concerned  about the  effect that  decision might  have on  those                                                               
fields.  The company  decided to  proceed with  its plans  as the                                                               
Administration excluded  those fields  from being  aggregated for                                                               
their first  six years of production.  Anadarko invested millions                                                               
in the  development of those  fields in  2005 and 2006.  Now, the                                                               
State was considering changing the tax structure.                                                                               
                                                                                                                                
Mr. Hanley  continued that under  the conditions of the  PPT, the                                                               
severance   tax  on   those  two   fields  could   increase  from                                                               
approximately  zero percent  for six  years to  20 percent.  Some                                                               
expense deductions  would be allowed. Nonetheless,  the timing of                                                               
the company's decision  to invest in those  fields "was terrible"                                                               
in consideration  of this bill.  Had Anadarko known the  bill was                                                               
forthcoming, it would  have delayed those projects "a  year and a                                                               
half because  then the State would  have picked up 40  percent of                                                               
the costs of our development  program and that would have offset,                                                               
just like the other things, that increased tax".                                                                                
                                                                                                                                
Mr.  Hanley expressed  that Anadarko's  timing on  these projects                                                               
was considered the  worst recent timing decision  in the industry                                                               
in respect  to this bill.  Exploration investments made  on those                                                               
projects would not qualify for  any PPT credits or deductions and                                                               
would be  subjected to a high  tax rate. In addition,  no revenue                                                               
from those  projects would be  received until  production started                                                               
in late in 2006. An "equity  issue" could be argued in regards to                                                               
investment decisions that were based  on ELF. Even though changes                                                               
are always inevitable,  some allowance for these  things could be                                                               
provided  going  forward.  Even  though  Anadarko  preferred  the                                                               
provisions  included  in  SB  305,   the  two-for-one  look  back                                                               
provisions included in CSSB 305 would be acceptable.                                                                            
                                                                                                                                
Mr. Hanley  suggested however that  the provisions be  extended a                                                               
year or more  longer than the seven years specified  in the bill,                                                               
in  order to  provide  a sufficient  amount of  time  in which  a                                                               
company could feasibly recoup the clawback funds accumulated.                                                                   
                                                                                                                                
9:45:31 AM                                                                                                                    
                                                                                                                                
Mr.  Hanley  identified the  point  of  production definition  as                                                               
another  issue of  concern in  the PPT.  The point  of production                                                               
provision in  CSSB 305  mirrored that  of SB  305: "the  point of                                                               
production for  oil is at  the place that pipeline  quality crude                                                               
enters"  into the  pipeline  system.  Production and  development                                                               
facilities upstream of  that point would qualify  for the credits                                                               
and deductions  in the bills.  That was  considered "appropriate"                                                               
as  the State  would be  assisting in  the costs  associated with                                                               
developing and  getting the  resource to  the pipeline.  Once the                                                               
oil entered the pipeline, a  tariff deduction would be applied to                                                               
determine a wellhead price.                                                                                                     
                                                                                                                                
Mr. Hanley noted that PPT  provisions pertaining to gas specified                                                               
its  point  of production  as  being  upstream of  the  treatment                                                               
facility in  which the  gas was made  pipeline quality.  This was                                                               
interesting  to the  industry. "Gas  is  generally less  economic                                                               
than  oil." The  level  of the  pipeline  tariff currently  being                                                               
considered for the  proposed gas pipeline was  an amount equating                                                               
to  approximately 35  percent of  the current  $7.00 per  million                                                               
cubic feet  (MCF) value of  gas. The  current TAPS tariff  on oil                                                               
was   approximately  $4.00   and  the   tariff  on   tankers  was                                                               
approximately  $2.00  for  west coast  destinations.  This  would                                                               
total approximately $6.00 or $7.00  or a tax of approximately ten                                                               
percent tariff on oil selling at  $65 per barrel. Gas would incur                                                               
more transportation expenses than oil.  This was opposite than he                                                               
expected.                                                                                                                       
                                                                                                                                
Mr. Hanley  noted that under the  ELF tax regime, the  tax on gas                                                               
was ten percent  as compared to a  12.5 or 15 percent  tax on oil                                                               
depending on  the field.  "It's strange  that the  facilities you                                                               
need to develop your gas into  pipeline quality, some of them are                                                               
not  qualifying for  the credits  and  deductions." He  concluded                                                               
that there must  be something relating to "the  big gas treatment                                                               
facility  that  is   sitting  out  there  as  part   of  the  big                                                               
development" in the  proposed gas contract that he  was not privy                                                               
to. One  reason might be that  the State did not  desire to "pick                                                               
up 40  percent of the  cost of  the big gas  treatment facility".                                                               
While that  might be  apropos for  the North  Slope, it  does not                                                               
consider other gas regions such  as the gas foothills, the Nenana                                                               
Basin, and Cook Inlet. "Frankly, if  you're going to pay a higher                                                               
tax rate,  the whole concept  is the State  picks up part  of the                                                               
cost and you pay  a higher tax rate. To leave out  a big chunk of                                                               
what  it takes  you to  get that  developed and  not apply  those                                                               
credits,  we think  is problematic."  Thus, he  argued "that  the                                                               
point  of production  for  gas should  be the  same  as for  oil.                                                               
Whatever it takes  to put pipeline quality gas  into the pipeline                                                               
should  be the  same as  what it  takes to  put pipeline  quality                                                               
crude in  the pipeline." He  reiterated being unaware  "of what's                                                               
driving some  of the other stuff,  but I think as  a policy call,                                                               
we  would  argue that  you're  significantly  going to  hurt  the                                                               
economics  by increasing  that  tax  but not  giving  us all  the                                                               
benefits of some of the credits and deductions".                                                                                
                                                                                                                                
Mr.  Hanley identified  the credit  component of  the PPT  as the                                                               
counterbalance of the taxes proposed  in the PPT, particularly if                                                               
the goal of the PPT was  to encourage more investment and thereby                                                               
reduce the  slope of  declining production in  the State.  SB 305                                                               
included provisions  that created "better  exploration economics"                                                               
than ELF.                                                                                                                       
                                                                                                                                
9:49:47 AM                                                                                                                    
                                                                                                                                
Mr. Hanley stated  that the answer to the question  of how paying                                                               
a billion  dollars more in taxes,  as might occur under  the PPT,                                                               
could allow a company to  improve their exploration economics was                                                               
dependent  on whether  it was  an  existing field  or new  field.                                                               
"Existing production is what's paying"  the larger portion of the                                                               
proposed tax  increase. "The tax  increase is hitting  those, but                                                               
they're not  getting the  benefit of  the credits  and deductions                                                               
off  the  previous  investments they've  made".  Conversely  "new                                                               
prospects" going forward would get  those benefits. Thus, "to the                                                               
extent that  you increase the tax  rate, if you want  to keep the                                                               
exploration economics  the same,  you need  to do  something with                                                               
credits".                                                                                                                       
                                                                                                                                
9:50:27 AM                                                                                                                    
                                                                                                                                
Mr.  Hanley   applauded  the  $73  million   allowance  provision                                                               
included in  SB 305.  The Governor and  Dr. van  Meurs "correctly                                                               
identified … the  value of the $73 million to  smaller and to new                                                               
players"  in the  industry. The  allowance would  be particularly                                                               
helpful to companies  with existing production in  Cook Inlet who                                                               
under  ELF, currently  pay a  minimal level  of severance  tax on                                                               
oil.  It  would  offset  some  of the  tax  increase  they  would                                                               
experience under the proposed PPT.  Companies such as Chevron and                                                               
Anadarko attested  to the benefit  that allowance  would provide.                                                               
Anadarko considered  the $73 million  allowance more  valuable to                                                               
them  than  it  would  be  to larger  players  in  the  industry.                                                               
Omitting the $73  million allowance provision included  in SB 305                                                               
would equate to increasing Anadarko's  tax rate five percent. The                                                               
impact on  a larger company  such as ConocoPhillips would  be 0.5                                                               
percent.                                                                                                                        
                                                                                                                                
Mr. Hanley  characterized the  industry's positions  regarding SB
305 as  being "a  tenuous truce"  between the  companies because,                                                               
due to  the economics  of it, larger  companies would  "trade off                                                               
the $73  million in a heartbeat  for a one percent  change in the                                                               
tax rate".  However that  allowance would have  a huge  impact on                                                               
new   players  and   existing  players   with  small   levels  of                                                               
production, "particularly with fields that don't pay much".                                                                     
                                                                                                                                
9:52:34 AM                                                                                                                    
                                                                                                                                
Mr.  Hanley  stated that  the  5,000  barrels per  day  exemption                                                               
provision in  CSSB 305 which  replaced the $73  million allowance                                                               
proposed in SB  305 would not benefit Anadarko, nor  did he think                                                               
it would benefit  Chevron or Marathon Oil. The  5,000 barrels per                                                               
day  exemption "has  very  limited value."  It  would provide  no                                                               
benefit  unless production  was occurring.  It would  not benefit                                                               
new  players;  particularly since  it  would  terminate in  seven                                                               
years  as it  would take  longer than  that to  bring a  field to                                                               
production.  The inclusion  of that  exemption in  CSSB 305  "has                                                               
hurt the economics  of a number" of players.  The House committee                                                               
substitute  addressed this  concern  by  providing companies  the                                                               
option of utilizing "some exploration credits that exist today".                                                                
                                                                                                                                
9:53:55 AM                                                                                                                    
                                                                                                                                
Mr.  Hanley   advised  that  including  a   termination  date  on                                                               
exploration credits  would be  acceptable provided  the timeframe                                                               
was  sufficient. A  five or  seven  year timeframe  would be  too                                                               
short in  which to use  a development credit, particularly  for a                                                               
new  player.  Consideration  should  be given  to  the  different                                                               
"impacts  of  a  development  type incentive".  The  $73  million                                                               
allowance included  in SB  305 did not  have a  termination date.                                                               
That is the reason it had "significant value".                                                                                  
                                                                                                                                
Mr. Hanley  stated that the industry  wide desire would be  for a                                                               
lower  tax rate.  "Increasing the  tax rate  decreases economics,                                                               
and at  some point,  it actually  makes exploration  economics at                                                               
higher  prices  worse  than the  current  system."  However,  "at                                                               
higher  prices,  some  things   become  economic  and  there's  a                                                               
tradeoff there".                                                                                                                
                                                                                                                                
Mr. Hanley communicated that Anadarko  supported SB 305. CSSB 305                                                               
would  apply "a  higher tax  rate, no  $73 million  allowance, an                                                               
additional escalator starting  at a pretty low  price taking away                                                               
even a higher tax in the  range in which we're making decisions…"                                                               
Anadarko was agreeable to the  transition provisions in the bill,                                                               
was  concerned about  the point  of  production for  gas as  that                                                               
element would not be treated "as fairly" as oil.                                                                                
                                                                                                                                
9:55:33 AM                                                                                                                    
                                                                                                                                
Senator Dyson opined  that the industry's remarks  that the State                                                               
would  be "participating  in exploration  and development  costs"                                                               
were misleading. "What they're really  saying is the State elects                                                               
to defer  income …  through tax  credits", rather  than inferring                                                               
that "the State  is putting the people's money out  on the table"                                                               
for the  industry "to  explore with".  By providing  tax credits,                                                               
the  State  would be  "foregoing  revenues"  that it  could  have                                                               
received.                                                                                                                       
                                                                                                                                
Mr. Hanley affirmed.                                                                                                            
                                                                                                                                
Senator  Dyson encouraged  the industry  not to  "infer that  the                                                               
State is putting State money into exploration".                                                                                 
                                                                                                                                
9:56:39 AM                                                                                                                    
                                                                                                                                
Senator  Dyson  understood  that  the  capacity  of  the  present                                                               
Prudhoe  Bay "gathering  centers  are somewhat  limited on  their                                                               
capacity"  to  address   the  volume  of  water   and  gas  being                                                               
experienced.   Consequently,   the  companies   operating   those                                                               
facilities  were  disincentivized  to provide  smaller  producers                                                               
such as  Anadarko access  to those facilities.  If this  were the                                                               
case, he  asked what the  State might  do to encourage  the major                                                               
companies  "to   increase  the  through-put  capacity   at  those                                                               
bottlenecks   so   that   smaller    companies   would   not   be                                                               
disadvantaged".                                                                                                                 
                                                                                                                                
9:57:27 AM                                                                                                                    
                                                                                                                                
Mr.  Hanley  specified that  Anadarko  had  not experienced  this                                                               
issue as it typically did  not explore satellites around existing                                                               
infrastructure;  Alpine  being the  exception.  This  was not  an                                                               
issue at  Alpine because when  oil entered the pipeline  there it                                                               
was pipeline  quality crude. Anadarko  sought out  "larger fields                                                               
that will have their own facility".                                                                                             
                                                                                                                                
9:58:08 AM                                                                                                                    
                                                                                                                                
Co-Chair Wilken assumed chair of the hearing.                                                                                   
                                                                                                                                
9:58:16 AM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken, referring  to a  production process  flow chart                                                               
[copy on file]  which had been distributed in  an earlier meeting                                                               
by  Dan Dickinson,  Consultant to  the Administration,  asked Mr.                                                               
Hanley  to  further his  remarks  requesting  that the  point  of                                                               
production for oil and gas be  at the same point. Co-Chair Wilken                                                               
understood  that the  point of  production for  both oil  and gas                                                               
would be after the treatment facility.                                                                                          
                                                                                                                                
Mr. Hanley,  who did not  have a  copy of the  flowchart, advised                                                               
there  was   "a  difference  between  treatment   and  processing                                                               
according to the [unspecified] department".                                                                                     
                                                                                                                                
Co-Chair Wilken reviewed  the production process for  oil and gas                                                               
as depicted  on the  chart. He understood  they would  be treated                                                               
the same.                                                                                                                       
                                                                                                                                
10:00:10 AM                                                                                                                   
                                                                                                                                
Mr.  Hanley voiced  the desire  to  review the  flowchart, as  he                                                               
thought  the point  of production  for  gas would  be "after  the                                                               
processing facility for gas but before the treatment facility".                                                                 
                                                                                                                                
Co-Chair Wilken provided a copy of the flowchart to Mr. Hanley.                                                                 
                                                                                                                                
Mr. Hanley  expressed that Anadarko  would analyze the  chart and                                                               
provide further clarification.                                                                                                  
                                                                                                                                
10:00:39 AM                                                                                                                   
                                                                                                                                
Co-Chair  Wilken concluded  that Anadarko  would prefer  that the                                                               
point of  production for  oil and  gas be  uniform in  regards to                                                               
their relationship with the treatment facility.                                                                                 
                                                                                                                                
Mr. Hanley affirmed.  Anadarko would be satisfied  were the point                                                               
of production for  gas specified as the point at  which it became                                                               
pipeline quality.  However, his understanding was  that the point                                                               
of  production  for  gas  would be  "upstream  of  the  treatment                                                               
facility  and  downstream  of   the  processing  facility".  "The                                                               
definition of treatment is getting  it to pipeline quality." This                                                               
would  be   further  clarified.  He  interpreted   the  flowchart                                                               
provided by Co-Chair Wilken, to  indicate that "after the central                                                               
gas  facility,  this would  be  the  processing, there  would  be                                                               
another treatment  facility before  it gets to  pipeline quality,                                                               
and the point of production is in between the two".                                                                             
                                                                                                                                
Co-Chair Wilken stated  that the flowchart had  been developed to                                                               
assist the Committee in understanding  this complicated issue. He                                                               
would  appreciate  additional  input  from  Mr.  Hanley  in  this                                                               
regard.                                                                                                                         
                                                                                                                                
Co-Chair  Wilken  addressed the  contention  that  the State  was                                                               
"running out of  oil". While several references had  been made to                                                               
50 million barrel  fields, the prospectivity of  reserves in ANWR                                                               
and NPR-A  had been  ignored. He understood  the oil  reserves in                                                               
NPR-A could  be the  equivalent of Prudhoe  Bay with  ten billion                                                               
barrels. Revenue  projections at current prices  could range from                                                               
$400  to $800  billion.  Consideration of  this  field should  be                                                               
included in the prospectivity conversation.                                                                                     
                                                                                                                                
Co-Chair  Wilken   stated  that  while  little   exploration  had                                                               
occurred in ANWR, it too  might contain significant reserves. The                                                               
Legislature should not be "led  to believe" that we have "plucked                                                               
all the low-hanging fruit" and must now seek out smaller fields.                                                                
                                                                                                                                
10:04:15 AM                                                                                                                   
                                                                                                                                
Mr.  Hanley suggested  inviting  USGS staff  to  testify in  this                                                               
regard. Their  research would support  the fact that  while there                                                               
was  a  significant amount  of  oil  potential remaining  in  the                                                               
State, "it is  not in one field". Even though  Anadarko was "more                                                               
optimistic" than other companies  about the resource potential in                                                               
the State, it  did not believe NPR-A held  fields with quantities                                                               
similar  to Prudhoe  Bay or  Kuparuk; their  view was  that there                                                               
might be  the potential  for a lot  of oil in  the State,  but it                                                               
would  be in  smaller  fields such  as  Alpine. More  exploration                                                               
activity  would  be  occurring  were people  to  believe  that  a                                                               
Kuparuk sized field existed in the State.                                                                                       
                                                                                                                                
10:05:33 AM                                                                                                                   
                                                                                                                                
Co-Chair Green resumed chair.                                                                                                   
                                                                                                                                
Mr. Hanley also communicated that  even were a 1.5 billion barrel                                                               
field discovered  in a remote  area of NPR-A, "it  would probably                                                               
not be economic. That is the  challenge that we face…" Even 30 to                                                               
50 million  barrel oil  fields not within  ten miles  of existing                                                               
infrastructure would be  very expensive to develop  in the State.                                                               
In  conclusion, Co-Chair  Wilken was  correct in  that there  was                                                               
vast oil potential  remaining in the State,  however, there would                                                               
not be another huge reserve like Prudhoe Bay.                                                                                   
                                                                                                                                
10:07:08 AM                                                                                                                   
                                                                                                                                
Mr.  Hanley  addressed the  issue  of  the proposed  gasline.  He                                                               
contended "there's a  lot of gas out  there". Anadarko's research                                                               
indicated  there  being  numerous "Alpine  size  equivalent  gas"                                                               
fields. Thus,  a boom in  gas exploration would be  expected with                                                               
the onset  of a gas pipeline.  The field size potential  was much                                                               
larger for gas than it was  for oil. This would be required since                                                               
gas was "challenged".                                                                                                           
                                                                                                                                
10:07:55 AM                                                                                                                   
                                                                                                                                
Senator Stedman  furthered Co-Chair  Wilken's remarks.  The State                                                               
was "setting our tax structure"  and selling its resources "under                                                               
the  expectation"  of  smaller fields.  Large  field  discoveries                                                               
"would change  the dynamics"  in terms of  the global  oil basins                                                               
the  State  was  being  compared to.  The  discovery  of  another                                                               
Prudhoe Bay would place "upward  pressure on the government take"                                                               
level  since evidence  would indicate  that "the  bigger the  oil                                                               
basin,  the larger  [government] percentage  share". The  current                                                               
argument  is that  Alaska could  not  be compared  to areas  with                                                               
large fields because  "it has smaller pools of  oil". Thus, while                                                               
there  was "a  lower  probability" the  State  might have  larger                                                               
basins, "it  would have definitely  been in the best  interest of                                                               
the  State to  know  it  before we  set  the  selling price  than                                                               
after."                                                                                                                         
                                                                                                                                
Co-Chair Wilken  agreed with  Senator Stedman.  The prospectivity                                                               
issue  might not  be  as  negative as  people  had  been "led  to                                                               
believe".  Even the  Legislative  consultant,  Econ One,  limited                                                               
their analyses to  resource potential on the  Central North Slope                                                               
and did  not consider fields east  and west of it.  "East or west                                                               
is our future."                                                                                                                 
                                                                                                                                
10:10:48 AM                                                                                                                   
                                                                                                                                
Mr. Hanley  recognized this  "good point".  Additional viewpoints                                                               
would be beneficial.  After a few years of  high production, most                                                               
gas fields' production  decline and level off  with the exception                                                               
being the gas  fields in Qatar which continue to  produce at high                                                               
levels. Prospectivity  factors should "absolutely"  be considered                                                               
and a higher government take  on huge reserves would be expected.                                                               
However,  the proposed  PPT tax  structure was  not "so  far off"                                                               
that the State would miss out  on a significant amount of revenue                                                               
from  possible reserves;  particularly in  consideration of  such                                                               
things as the high cost of exploration in the State.                                                                            
                                                                                                                                
Mr. Hanley disclosed  that while the cost of  drilling some wells                                                               
in  the GoM  could mirror  the  cost of  a  well in  NPR-A, a  50                                                               
million barrel field there could  be developed and on line faster                                                               
as wells  in GoM  were closer to  infrastructure. The  demands of                                                               
developing a  field in Alaska  differed from  those of a  well in                                                               
GoM.                                                                                                                            
                                                                                                                                
Mr.  Hanley  reiterated   Anadarko's  belief  that  prospectivity                                                               
existed in Alaska.  The economic assumptions prepared  by Dr. van                                                               
Meurs  indicated that  at a  $30  barrel price,  a company  would                                                               
garner  a 25  percent  rate of  return on  a  150 million  barrel                                                               
field. Were  such a field  in Anadarko's portfolio, it  would "be                                                               
developing it  today". However, it  should be noted that  Dr. van                                                               
Meurs' cost  assumptions were to fields  close to infrastructure.                                                               
While Anadarko believed  that such fields exist  in Alaska, those                                                               
fields were  in remote locations  and Anadarko would  not develop                                                               
them  until infrastructure  was  closer to  the  field or  prices                                                               
significantly increased.                                                                                                        
                                                                                                                                
Mr. Hanley  expressed a "very positive  attitude towards Alaska".                                                               
People  "are not  trying  to hide  the ball  by  saying we  think                                                               
there's another  Kuparuk out  there, we're  just waiting  for the                                                               
Legislature to  pass a better  tax structure to drill  it". Under                                                               
high price,  large field scenarios,  "the current  [tax] system's                                                               
better". Were such reserves known,  people would be drilling them                                                               
today.                                                                                                                          
                                                                                                                                
10:14:07 AM                                                                                                                   
                                                                                                                                
Senator Dyson found  it "striking" that neither  Anadarko nor any                                                               
other presenter  had discussed any disincentives  to investing in                                                               
Alaska. No  one mentioned the  pending reserves tax on  gas which                                                               
would  charge  a  tax  on   gas  reserves  under  lease  but  not                                                               
producing.  Thus,  he questioned  why  this  issue had  not  been                                                               
discussed;  if it  was considered  to  be a  disincentive to  the                                                               
industry, what might the Legislature do to address it.                                                                          
                                                                                                                                
10:14:54 AM                                                                                                                   
                                                                                                                                
Mr. Hanley replied that Anadarko  would prefer a "sweet approach"                                                               
as opposed to  a "the stick approach". However,  the reserves gas                                                               
tax  issue  was  drafted  in  a  manner  that  would  not  impact                                                               
Anadarko.  It would  not impact  new gas  discoveries or  certain                                                               
existing gas  discoveries. It would specifically  impact three or                                                               
four other companies.                                                                                                           
                                                                                                                                
10:15:52 AM                                                                                                                   
                                                                                                                                
Mr. Hanley  concluded his remarks  and thanked the  Committee for                                                               
the opportunity to  discuss the legislation. He  would be pleased                                                               
to answer Committee questions at any time.                                                                                      
                                                                                                                                
AT EASE 10:16:19 AM / 10:20:10 AM                                                                                           
                                                                                                                                
PAT  FOLEY, Manager,  Alaska Exploration  Group, Pioneer  Natural                                                               
Resources Alaska thanked the Committee  for allowing him to speak                                                               
to  the PPT.  He acknowledged  Mr. Hanley  as being  "a wonderful                                                               
articulate  spokesman  for  Anadarko,  for  the  independents  in                                                               
general, and for our industry".  "Pioneer is closely aligned with                                                               
Anadarko,  specifically  because  of   our  niche  that  we  find                                                               
ourselves  in.  We're an  explorer;  we're  a developer  of  some                                                               
smaller resources…"                                                                                                             
                                                                                                                                
Mr. Foley's reviewed a handout  titled "Pioneer Natural Resources                                                               
Alaska SB 305 PPT" dated April 7, 2006 (copy on file).                                                                          
                                                                                                                                
     Page 1                                                                                                                     
                                                                                                                                
     Pioneer's Alaska Acreage                                                                                                   
                                                                                                                                
     [This map  displayed the company's holding  in Alaska. Other                                                               
     than  the Cosmopolitan  Field in  Cook  Inlet, their  fields                                                               
     were located  in the vicinities of  Alpine, Kuparuk, Prudhoe                                                               
     Bay or the NPR-A.]                                                                                                         
                                                                                                                                
     Oooguruk Discovery                                                                                                         
        ƒPXD 70% WI (Op)                                                                                                       
        ƒ58,000 acres                                                                                                          
                                                                                                                                
     Total Pioneer                                                                                                              
        ƒ1.7 million acres                                                                                                     
                                                                                                                                
     NPRA Exploration                                                                                                           
        ƒPXD 20% - 30% WI                                                                                                      
        ƒ1.4 million acres                                                                                                     
                                                                                                                                
     Cosmopolitan Discovery                                                                                                     
        ƒPXD 10 % WI - Option to a50 %                                                                                         
        ƒ25,000 acres in Cook Inlet                                                                                            
                                                                                                                                
     Storms Area Exploration                                                                                                    
        ƒPXD 50% WI (Op)                                                                                                       
        ƒ153,000 acres                                                                                                         
        ƒ1st well in 2006                                                                                                      
                                                                                                                                
     Central North Slope Satellites                                                                                             
        ƒCronus - PXD 90% WI (Op)                                                                                              
        ƒAntigua - PXD 33% WI                                                                                                  
        ƒ51,000 acres                                                                                                          
        ƒ1 well on each in 2006                                                                                                
                                                                                                                                
Mr.  Foley noted  that by  financial standards,  Pioneer, with  a                                                               
worth of approximately  five billion dollars, would  be viewed as                                                               
a "smaller  company". It was  approximately one quarter  the size                                                               
of Anadarko. While  it conducted business on a  global scale, its                                                               
operations were currently centralized in the United States.                                                                     
                                                                                                                                
Mr. Foley noted  that Pioneer began operating in  Alaska in 2003.                                                               
Areas  of activity  included Oooguruk,  an  offshore North  Slope                                                               
development project in which Pioneer  held a 70 percent ownership                                                               
with ENI  Petroleum, an Italian  oil company.  ConocoPhillips was                                                               
its equal  exploration partner in  the Storms area.  Pioneer also                                                               
had a  30 percent  exploration interest in  the Antigua  field, a                                                               
Central  North  Slope  satellite  field, which  was  operated  by                                                               
ConocoPhillips. Pioneer  was also partnering  with ConocoPhillips                                                               
and Anadarko on exploration activities in NPR-A.                                                                                
                                                                                                                                
Mr.  Foley noted  that Pioneer's  total acreage  in Alaska  would                                                               
equate  to  approximately  1.7 million  gross  acres  netting  to                                                               
approximately 500,000 acres.                                                                                                    
                                                                                                                                
Mr.  Foley noted  that the  Cosmopolitan  Discovery project  near                                                               
Anchor  Point was  Pioneer's only  operation in  Cook Inlet.  The                                                               
company had  a ten percent  interest, with an option  to increase                                                               
that interest  to 50  percent and  replace ConocoPhillips  as the                                                               
operator of that project.                                                                                                       
                                                                                                                                
     Page 2                                                                                                                     
                                                                                                                                
     Oooguruk Development Project                                                                                               
                                                                                                                                
     Development Cost: $450 - 525 million                                                                                       
     Reserve Potential: 50 - 90 million bbls                                                                                    
     Peak Flow Rates: 15 - 20,000 bbls per day in 2010                                                                          
                                                                                                                                
     Tie-in to ConocoPhillips Kuparuk River Facilities.                                                                         
                                                                                                                                
Mr.  Foley  stated that  production  from  this offshore  project                                                               
would be  processed at facilities  in the Kuparuk field  and then                                                               
transit via Kuparuk  pipelines to TAPS. The company  was proud of                                                               
this project  as only a  five year  time span would  pass between                                                               
the drilling of  the first exploration well and  the first barrel                                                               
of oil being produced. "It is  as accelerated a project as any on                                                               
the  North  Slope."   The  resources  in  this   field  had  been                                                               
discovered but  laid dormant  for 20  years before  Pioneer began                                                               
drilling there;  therefore, this  marginal field  lay undeveloped                                                               
for approximately 25 years between discovery and production.                                                                    
                                                                                                                                
     Page 3                                                                                                                     
                                                                                                                                
     Oooguruk Major Project Construction Components                                                                             
                                                                                                                                
        · Winter 2006                                                                                                           
             o Gravel Mining                                                                                                    
             o Gravel Placement - Drillsite & Onshore Pad                                                                       
                                                                                                                                
        · Winter 2007                                                                                                           
             o Flowline Installation                                                                                            
             o Facility & Equipment Installation                                                                                
                                                                                                                                
        · 2008-2011                                                                                                             
             o 38 Well Drilling Program                                                                                         
                                                                                                                                
Mr. Foley  reviewed components of  the three  construction phases                                                               
associated with the Oooguruk field.                                                                                             
                                                                                                                                
     Page 4                                                                                                                     
                                                                                                                                
     Alaska's Challenges                                                                                                        
                                                                                                                                
        · Some of the Highest Costs in the World                                                                                
             o Large Minimum Economic Field Size                                                                                
        · Future Exploration & Development Potential:                                                                           
             o Smaller Reservoirs                                                                                               
             o Remote Resources                                                                                                 
             o Viscous Oil Resources                                                                                            
             o Gas                                                                                                              
                                                                                                                                
        · Long Cycle Times (5 to 10 years)                                                                                      
        · Investment Uncertainty                                                                                                
             o Exploration & Reservoir Risk                                                                                     
             o Price Risk                                                                                                       
             o Fiscal Certainty                                                                                                 
                                                                                                                                
Mr. Foley  explained that when Pioneer  began considering whether                                                               
to operate  in the State, it  undertook what is referred  to as a                                                               
"new  country   entry".  It  examined  the   State's  exploration                                                               
potential,  political  environment,  and  fiscal  environment  as                                                               
outlined on page 4.                                                                                                             
                                                                                                                                
10:26:58 AM                                                                                                                   
                                                                                                                                
Mr.   Foley  perceived   the  State's   future  exploration   and                                                               
development potential  to differ  than that of  the past,  as the                                                               
determination was  that "the super  giant fields that  opened the                                                               
Slope  no  longer  exist".  Future  opportunities  would  involve                                                               
smaller fields, remote resources, viscous oil, and gas.                                                                         
                                                                                                                                
Mr.  Foley   disclosed  that  small  independent   companies  and                                                               
investors were  "shocked" that it  could take a minimum  of seven                                                               
years for  a field to  go from  discovery to first  production in                                                               
Alaska. "That's just  not the business environment  they are used                                                               
to."                                                                                                                            
                                                                                                                                
Mr. Foley  also noted that  investment uncertainties  relating to                                                               
price  risk and  fiscal  stability were  issues  a company  would                                                               
consider when  weighing operations anywhere, and,  to that point,                                                               
the fiscal certainty  of the State had  historically been stable.                                                               
The PPT legislation  was proposed "literally the  next day" after                                                               
Pioneer decided to begin operations  at Oooguruk. That caused the                                                               
company "some concern".                                                                                                         
                                                                                                                                
     Page 5                                                                                                                     
                                                                                                                                
     Alaska Climate that Encouraged Pioneer                                                                                     
                                                                                                                                
        · Emerging Business Opportunities                                                                                       
             o Investment Opportunities Offered by Majors                                                                       
             o Cooperation re: Facility Access                                                                                  
                                                                                                                                
        · Attractive Fiscal Policy                                                                                              
            o Reasonable Lease Terms & Availability                                                                             
             o ELF Formula: Low Taxes on all by Largest Fields                                                                  
             o Exploration Incentive Credits                                                                                    
                                                                                                                                
Mr.   Foley   communicated   that   Pioneer   talked   with   the                                                               
Administration as  well as other  producers in the State  when it                                                               
was  considering   whether  to  invest  in   Alaska.  "There  was                                                               
definitely an  open for business  environment, both on  behalf of                                                               
government  and on  behalf  of industry."  Such  things as  lease                                                               
bonuses,  lease   terms,  and  royalty  rates   were  "relatively                                                               
attractive   when  balanced"   with   the  economic   opportunity                                                               
potential.  Pioneer felt  that the  major companies  operating in                                                               
the State  considered "it to  be good business" to  provide other                                                               
companies access to their existing  facilities. "We believed that                                                               
the world was  going to change, those facilities  would no longer                                                               
be held exclusively for their  use, but instead they would invite                                                               
others to process through them."                                                                                                
                                                                                                                                
Mr. Foley noted that Pioneer also  determined it would pay a zero                                                               
severance tax  under the State's  ELF formula unless it  found "a                                                               
super giant  field". It was  also "encouraged by  the exploration                                                               
incentive  credits". To  that point  he noted  that "Pioneer  has                                                               
enjoyed 40  percent exploration  credits on at  least two  of its                                                               
wells out in NPR-A". A  well currently being drilled was expected                                                               
to  "enjoy  a  20  percent  exploration  incentive  credit".  The                                                               
exploration  incentive credits  "do have  material impacts  on an                                                               
investor when they make a decision".                                                                                            
                                                                                                                                
     Page 6                                                                                                                     
                                                                                                                                
     Alaska's Competitiveness                                                                                                   
                                                                                                                                
        · To Attract Most Independents, Alaska must effectively                                                                 
          compete with onshore North America Resource Plays                                                                     
                                                                                                                                
             o Resource Plays (tight sands, coalbed methane,                                                                    
               shales) are attracting huge amounts of capital                                                                   
                  ƒLower Risk                                                                                                  
                  ƒLower Cost                                                                                                  
                  ƒShorter Project Cycle Time                                                                                  
                  ƒLower State Tax                                                                                             
                                                                                                                                
10:30:34 AM                                                                                                                   
                                                                                                                                
Mr.  Foley   acknowledged  the  breadth  of   separate  testimony                                                               
regarding  the  competitiveness  of Alaska  to  "super  producing                                                               
basins" in the world. While  the worldwide arena was an important                                                               
consideration, small independent  companies placed great emphasis                                                               
on how  Alaska's resource  development opportunities  compared to                                                               
opportunities in  the contiguous  United States and  Canada. Huge                                                               
investments were being made in  tight sands, coalbed methane, and                                                               
shale  resource  projects  in  those  areas.  Furthermore,  those                                                               
projects  were found  to  have lower  risk,  lower cost,  shorter                                                               
development  times,  and  lower  state  taxes  than  Alaska.  The                                                               
Committee must  be "cautious" in  designing the PPT as  the State                                                               
must be  "competitive with the  market that the  investors you're                                                               
trying to attract are currently involved" in.                                                                                   
                                                                                                                                
     Page 7                                                                                                                     
                                                                                                                                
     Benefits of Administration's PPT Proposal                                                                                  
                                                                                                                                
        · Balanced Tax/Credit Rate of 20/20                                                                                     
        · Fair Principles                                                                                                       
          o Tax Based Upon Profits                                                                                              
          o Compensation for Transition Capital                                                                                 
        · $73 MM Exemption Mitigates New Entrant Challenges                                                                     
        · Tradable Credits allow Quick Monetization                                                                             
       · Modest Incentives for Exploration, New Investors                                                                       
        · Reduces Minimum Economic Field Size                                                                                   
                                                                                                                                
     We believe the proposal would encourage new investment in                                                                  
     Alaska, grow the resource pie and increase revenues to the                                                                 
     State.                                                                                                                     
                                                                                                                                
Mr. Foley  stated that  when Pioneer first  reviewed SB  305, "on                                                               
general we found it to be fair  and balanced" since "it was a tax                                                               
based  on  profits". He  reviewed  the  benefits companies  would                                                               
receive  by such  things as  the  $73 million  allowance and  the                                                               
transition provisions,  particularly as investments were  made in                                                               
the  State  under the  auspice  of  an  ELF "zero  severance  tax                                                               
expectation". "If the laws are to  change, it just seems it would                                                               
be  fair and  reasonable for  there  to be  some kind  of a  slow                                                               
transition  to allow  people to  recoup or  recover from  some of                                                               
those  investments."  The  $73  million  dollar  allowance  would                                                               
"mitigate many  of the  new challenges that  a new  entrant would                                                               
face". The  credits provided  in SB 305  would be  "very helpful,                                                               
but would represent a "modest incentive for new exploration".                                                                   
                                                                                                                                
10:33:50 AM                                                                                                                   
                                                                                                                                
     Page 8                                                                                                                     
                                                                                                                                
     PPT Tax Rate                                                                                                               
                                                                                                                                
        · 20% Rate Reasonably Balanced w/20% credit                                                                             
        · If Rate is Higher it must be Balanced w/Equal Credits                                                                 
             o Credit must apply to both Exploration &                                                                          
               Development                                                                                                      
             o Rate/Credit Balance is Affected by Price &                                                                       
               Production                                                                                                       
        · Higher Tax Rate:                                                                                                      
             o Reduces Incentive to Invest                                                                                      
                 · Raises Investment Threshold                                                                                  
                       ƒFewer Exploration Wells Drilled                                                                        
                       ƒMarginal Resources Left Undeveloped                                                                    
                                                                                                                                
Mr. Foley reiterated that the 20  percent tax "balanced with a 20                                                               
percent  credit"  as  proposed  in  SB 305  would  be  "fair  and                                                               
reasonable  and   appropriate".  Nonetheless,  the   company  was                                                               
"respectful  of the  fact that  there  seems to  be pressure"  to                                                               
increase the  tax rate. However,  the Committee should  note that                                                               
any increase in tax percent  should be "balanced with an increase                                                               
amount of credits".  The answer to the question of  what would be                                                               
an "appropriate relationship between the  tax rate and the credit                                                               
rate"  would depend  on "where  you  sit in  the investment  life                                                               
cycle":  the tax  rate would  be "less  important and  the credit                                                               
rate is huge"  to a company making its initial  investment in the                                                               
State; conversely,  "the credit rate  would be meaningless"  to a                                                               
company in a "harvest" rather  than investment mode. The tax rate                                                               
would be important to that company.                                                                                             
                                                                                                                                
Mr. Foley stated that a  company like Pioneer would be "somewhere                                                               
in the  middle". A  higher tax  rate would  be a  disincentive to                                                               
investment because  it would increase the  economic minimum field                                                               
size that  would "be required  for an exploration  target". Thus,                                                               
fewer exploration  wells would be drilled.  More importantly, the                                                               
tax rate would  impact the decision" of whether  a marginal field                                                               
would be developed.                                                                                                             
                                                                                                                                
     Page 9                                                                                                                     
                                                                                                                                
     Tax Rate Progressivity                                                                                                     
                                                                                                                                
        ƒIncreasing Oil Prices Lead to Increasing Costs                                                                        
             o 2005 W. Texas Drilling Costs Increased ~ 50%                                                                     
             o Steel prices more than doubled in 2 years                                                                        
             o Costs for all Services Escalating Rapidly                                                                        
                                                                                                                                
        ƒProfits not Directly Proportional to Oil Price                                                                        
          Increase                                                                                                              
                                                                                                                                
        ƒIf Enacted, Progressive Tax Rate                                                                                      
          o Should be Profits Based                                                                                             
             ƒFairness Issue                                                                                                   
             ƒDifferent basis is un-necessarily complex                                                                        
                                                                                                                                
          o Trigger Price Should Be:                                                                                            
             ƒAt a level equal to today's price environment                                                                    
               ($60)                                                                                                            
             ƒBased on ANS Posting (vs WTI)                                                                                    
             ƒIndexed for Inflation                                                                                            
                                                                                                                                
Mr.  Foley  conveyed that  Pioneer  would  opt against  including                                                               
Progressivity in  the PPT, even  though its inclusion  would seem                                                               
"inevitable at this point". Thus,  "caution" should be taken when                                                               
designing that  element. "As  oil prices  increase, the  costs to                                                               
the industry  also increase". The  relationship was  difficult to                                                               
explain but "it is a real  phenomenon". Pioneer's cost to drill a                                                               
development  well in  2005 in  Texas  increased approximately  50                                                               
percent "in a single year. As  an industry, we have seen the cost                                                               
of steel more than double in the  last two years, and the cost of                                                               
all services  seemed to be  escalating rapidly". It  was believed                                                               
that by the time the  proposed gas pipeline became reality, costs                                                               
of operating in the State would have increased "substantially".                                                                 
                                                                                                                                
10:37:29 AM                                                                                                                   
                                                                                                                                
Senator  Stedman   encouraged  testifiers  to   provide  specific                                                               
language  suggestions  or  concepts regarding  the  Progressivity                                                               
element.  The goal  of  Progressivity would  be  to maintain  the                                                               
level of  government/industry take  as oil prices  increased. The                                                               
State should not be disadvantaged under those circumstances.                                                                    
                                                                                                                                
Co-Chair  Green specified  that this  issue was  included in  the                                                               
list of questions being developed by the Committee.                                                                             
                                                                                                                                
10:39:05 AM                                                                                                                   
                                                                                                                                
Mr.  Foley  suggested  a Progressive  element  based  on  profits                                                               
rather than  on gross  revenue. It  would also  prefer a  $60 ANS                                                               
price to the $40 WTI trigger  price included in CSSB 305, as that                                                               
would best reflect today's price environment.                                                                                   
                                                                                                                                
Mr. Foley  understood one  of the arguments  for the  $40 trigger                                                               
price was  that that price "was  beyond the realm of  prices that                                                               
companies  use   for  their  investment  decisions".   While  the                                                               
mechanics  of how  a company  made its  investment decisions  was                                                               
privileged  information,  he  disclosed that  Pioneer  considered                                                               
"several different  price scenarios"  when making  its investment                                                               
decisions. A low price would be  in the $30 range, a medium price                                                               
would be in the  $40 range, and a high price might  be in the $70                                                               
range. He discussed a variety  of high price scenarios, including                                                               
the consideration  of financial futures markets,  a company might                                                               
include when making its investment decisions.                                                                                   
                                                                                                                                
10:42:04 AM                                                                                                                   
                                                                                                                                
Senator Dyson  appreciated Mr. Foley's "insightful"  remarks. The                                                               
thought had  been that  "it was all  together reasonable  for the                                                               
people of Alaska  to share a bit in the  return off the depletion                                                               
of their  resources" when oil  prices increased beyond  the price                                                               
point at  which a  company had  based its  decision to  advance a                                                               
project.  Mr.  Foley's  comments, particularly  those  about  the                                                               
futures market, served  to expand the field of  things that could                                                               
be considered when establishing a trigger point.                                                                                
                                                                                                                                
10:43:20 AM                                                                                                                   
                                                                                                                                
Mr. Foley clarified that the  decision to advance a project might                                                               
not be made  based on the futures market, "but  it is a component                                                               
of  the decision".  Economic investment  decisions  were "not  as                                                               
simple  as  feeding  information  into  an  economic  model"  and                                                               
getting  an   answer.  All  companies   utilized  a   variety  of                                                               
scenarios,  including  "distribution  of costs,  distribution  of                                                               
outcomes,  and  various price  test  scenarios"  in making  their                                                               
investment  decisions. Some  decisions were  easier to  make than                                                               
others because  the project might  be "wildly  optimistic". Often                                                               
"these  decisions  are  right  on   that  ragged  edge  of  being                                                               
marginal".                                                                                                                      
                                                                                                                                
10:44:10 AM                                                                                                                   
                                                                                                                                
Senator Dyson  stated that regardless  of "whatever the  cut line                                                               
price"  was,  "if   the  prices  make  that   project  even  more                                                               
profitable" for the company, "the  people of the State" should be                                                               
able "to share a bit in that good news for you".                                                                                
                                                                                                                                
10:44:55 AM                                                                                                                   
                                                                                                                                
Mr. Foley encouraged the Committee  to base the trigger point "on                                                               
something  other  than  WTI". While  he  supported  Mr.  Hanley's                                                               
suggestion  of  using  a  wellhead  price  as  the  Progressivity                                                               
trigger point, there  was concern that doing  so would "introduce                                                               
even another level of complexity  simply because every field will                                                               
have its own  unique well head price". While it  would be "a fair                                                               
and reasonable" way to do  it, "a barrel weighted wellhead price"                                                               
would  be  required for  each  company.  The next  trigger  point                                                               
preference  would   be  an  ANS   West  Coast   delivered  price.                                                               
Regardless  of the  price base  used,  it should  be indexed  for                                                               
inflation. The issue of what index  to use would be debatable, as                                                               
oil prices and costs do not "track PPI" or CPI.                                                                                 
                                                                                                                                
10:46:40 AM                                                                                                                   
                                                                                                                                
     Page 10                                                                                                                    
                                                                                                                                
     5,000 BBL "Start-up" Exemption                                                                                             
                                                                                                                                
        ƒNew Entrant Challenges                                                                                                
          o New Entrants do not hold Existing Infrastructure                                                                    
          o Smaller Investors lack Operating Economics of Scale                                                                 
          o Most New Investment Opportunities are Challenged                                                                    
                                                                                                                                
        ƒExemption Mitigates High Alaska Start-up Costs                                                                        
          o Local, Highly Skilled Technical Employees Required                                                                  
         o Requires Building an Expensive G&G Database                                                                          
          o Companies w/AK Employees Pay Income Tax w/o Revenue                                                                 
        ƒExemption Sunset is not Fair or Practical                                                                             
          o Discovery to Production cycle time is 5-10 years                                                                    
       ƒPhase out of Credit/Exemption is Discriminatory                                                                        
                                                                                                                                
     We believe "Start-up" Exemptions will bring in new                                                                         
     investors and give them a better chance to succeed.                                                                        
                                                                                                                                
Mr. Foley noted that the "start  up exemption" proposed in SB 305                                                               
would have allowed  a $73 million exemption.  The House committee                                                               
substitute changed  that to specify  a $12 million  credit "which                                                               
would be  equivalent to  a $60  million revenue  exemption"; CSSB
305 changed  it to a  5,000 barrel  per day exemption  or "barrel                                                               
holiday".                                                                                                                       
                                                                                                                                
Mr.  Foley reviewed  the challenges  new entrants  to the  Alaska                                                               
resource development market would  encounter under the provisions                                                               
of the  PPT. "Start up  exemptions" would assist  "in mitigating"                                                               
challenges  a new  company would  experience.  As highlighted  on                                                               
page 10, a  new company would be required to  hire a "highly paid                                                               
technical skilled"  labor force and acquire  expensive geological                                                               
databases. A  company should  strive to hire  people who  live in                                                               
the State. However,  even though Pioneer had  no producing fields                                                               
at  this point,  and thus,  no revenue,  it was  required to  pay                                                               
income  taxes  based on  a  portion  of the  company's  worldwide                                                               
income because  it employed 26  people in the State.  Rather than                                                               
the company being rewarded for  investing in the State, "there is                                                               
a cost". A start up exemption  would assist in mitigating some of                                                               
the costs.                                                                                                                      
                                                                                                                                
Mr.  Foley also  noted that  the 5,000  barrel per  day exemption                                                               
included  in  CSSB 305  would  terminate  at  some point  in  the                                                               
future. As  mentioned by Mr. Hanley,  this was of concern  due to                                                               
the   long  cycle   time  involved   in  bringing   resources  to                                                               
production.  "No  new company  would  include  this exemption  in                                                               
their economic  analyses". The barrel exemption  proposed in CSSB
305  would   terminate  at  approximately  the   same  time  that                                                               
Pioneer's  Oooguruk  field  production was  scheduled  to  begin.                                                               
While  the Legislature  could revisit  and  extend the  exemption                                                               
provisions, the company was not confident that would occur.                                                                     
                                                                                                                                
Senator Stedman  stated that the  issue of imposing  State income                                                               
taxes  ion  a company  experiencing  zero  revenue in  the  State                                                               
should be discussed with the Department of Revenue.                                                                             
                                                                                                                                
10:51:08 AM                                                                                                                   
                                                                                                                                
Mr. Foley  stated that,  being relatively new  in the  State, the                                                               
company has  only recently delved  into this issue.  In addition,                                                               
it was challenging for a small  company like Pioneer with only 26                                                               
employees  in the  State, to  keep  abreast of  the multitude  of                                                               
changes  occurring  in the  PPT  bill.  The "accounting"  of  the                                                               
various  provisions  could  be even  more  challenging  when  the                                                               
company's production started.                                                                                                   
                                                                                                                                
10:51:48 AM                                                                                                                   
                                                                                                                                
Mr. Foley urged  the Committee to eliminate  the termination date                                                               
relating to  the transition exemption,  regardless of  whether it                                                               
was  a credit  or  barrel  holiday. In  addition,  "it should  be                                                               
applied equally  to each and  every investor here in  the State".                                                               
Phasing the  exemption out would be  "somewhat discriminatory" as                                                               
some  companies  would not  be  able  to receive  the  transition                                                               
benefits.                                                                                                                       
                                                                                                                                
     Page 11                                                                                                                    
                                                                                                                                
     Fair value for Tradable Tax Credits                                                                                        
                                                                                                                                
        · Tax Credit Value is Diminished to New Investor                                                                        
          o Held Credits diminish through time value of $                                                                       
          o Sold Credits would likely sell at a discount                                                                        
          o Discount Value captured by purchaser                                                                                
          o Credit Cost to State remains 100%                                                                                   
                                                                                                                                
        · "Refundable" Credits Increase Value to New Investor                                                                   
        · Pioneer's   Investments   Will   Generate   Substantial                                                               
          Credits                                                                                                               
          o Consider a State Cash Refund at Higher Oil Prices                                                                   
                                                                                                                                
Mr. Foley  pointed out that  since it was  a new investor  in the                                                               
State,  Pioneer would  be receiving  "many tax  credits" for  the                                                               
investments it made  in the State. However,  Pioneer's ability to                                                               
utilize those credits  would be delayed because it  could not use                                                               
them immediately  like longer term  companies could.  Pioneer did                                                               
not  yet have  "production, we're  not  paying a  tax, we're  not                                                               
offsetting taxes".                                                                                                              
                                                                                                                                
Mr. Foley  stated that  Pioneer could hold  the credits  "until a                                                               
time"  when  they  could  use  them "but  their  value  would  be                                                               
diminished through  the time value  of money". Even  though there                                                               
would be a  pool of buyers interested in buying  the credits were                                                               
Pioneer  willing  to  sell  them, it  was  anticipated  that  the                                                               
purchase price would be discounted to  a price less than the face                                                               
value  of  the credits.  Therefore,  while  the credit  provision                                                               
would cost  Pioneer, the  State would "realize  the full  loss of                                                               
that  credit",  and  the  purchaser   "would  capitalize  on  the                                                               
difference".  Thus, Pioneer  requested  the  State consider  some                                                               
kind of refundable  credit program. For example,  were Pioneer to                                                               
generate $20 million in credits,  it could request that the State                                                               
pay  them  full face  value  for  those  credits. He  noted  that                                                               
"Pioneer would be willing" to accept a modest discount.                                                                         
                                                                                                                                
10:53:38 AM                                                                                                                   
                                                                                                                                
Senator  Bunde  pointed out  that  the  refundable program  being                                                               
suggested  would   be  "highly   unlikely"  as  there   would  be                                                               
"political ramifications"  were the  State to "pay  oil companies                                                               
for coming here to make money".                                                                                                 
                                                                                                                                
Mr. Foley was  respectful of that. However,  the Committee should                                                               
be aware "that the value of  those credits won't be fully enjoyed                                                               
by the investor" were they intended to attract new investment.                                                                  
                                                                                                                                
10:54:25 AM                                                                                                                   
                                                                                                                                
     Page 12                                                                                                                    
                                                                                                                                
     Transitional Capital Recovery                                                                                              
                                                                                                                                
          · Fairness Issue                                                                                                      
               o Investments were made under ELF System                                                                         
               o Tax System is changing                                                                                         
               o Pioneer has recouped nothing from production                                                                   
          · Pioneer's Alaskan Investment Began in 2003                                                                          
         · Pioneer's Cumulative Investment over $100MM                                                                          
         · Transition Capital Look-Back is Appropriate                                                                          
          · Look-Back w/2:1 Future Requirement is OK                                                                            
                                                                                                                                
Mr. Foley  stated that the  transition capital provisions  in the                                                               
PPT would apply  to both large and small  resource companies. The                                                               
$100 million  investment Pioneer made  over the last  three years                                                               
had been  made under the  "expectation of an ELF  zero production                                                               
tax for  anything other than  super giant fields".  Changing that                                                               
tax  regime  would   impact  Pioneer,  which  to   date  had  not                                                               
experienced "a  single barrel of  production". Therefore,  it was                                                               
"fair and appropriate  for there to be an  opportunity to recover                                                               
transition capital".  The inclusion  of a  two for  one look-back                                                               
would be acceptable to Pioneer.                                                                                                 
                                                                                                                                
10:55:10 AM                                                                                                                   
                                                                                                                                
     Pioneer Key Messages                                                                                                       
                                                                                                                                
        · Pioneer Goal: Establish Alaska as Core Producing Area                                                                 
        · Priorities for State of Alaska:                                                                                       
          o Provide Incentives to Convert Resources to Revenue                                                                  
          o Attract New Investment                                                                                              
             ƒEffectively Complete w/North America Onshore                                                                     
        · Administration's 20/20 Proposal is Balanced & Fair                                                                    
        · Higher Tax Rates will Discourage Needed Investment                                                                    
        · Progressivity, if Enacted, Should be Structured Fairly                                                                
        · "Start Up" Credits will Encourage New Entrants                                                                        
        · Transition Capital Look-Back is Appropriate                                                                           
        · New Concern: Impact of Facility Access Fees on PPT????                                                                
                                                                                                                                
Mr. Foley  summarized Pioneer's key concerns.  Pioneer recognized                                                               
a   new   concern:  the   PPT   might   impact  facility   access                                                               
arrangements. To that point, he  noted that Pioneer was currently                                                               
involved in  facility access negotiations with  the Kuparuk River                                                               
Unit. While he  was "confident" that "fair  and reasonable" terms                                                               
would  be reached,  the  concern remained.  This  issue could  be                                                               
revisited as further details became available.                                                                                  
                                                                                                                                
Mr. Foley concluded his remarks.                                                                                                
                                                                                                                                
10:56:43 AM                                                                                                                   
                                                                                                                                
Co-Chair Wilken  noted that  approximately three  months earlier,                                                               
Pioneer  had asked  the Legislature  Budget  and Audit  Committee                                                               
(LB&A)  to provide  it some  "royalty relief".  That request  was                                                               
being  considered.  He asked  that  a  copy of  the  presentation                                                               
Pioneer gave  to LB&A be provided  to the Committee, as  the work                                                               
conducted by  Pioneer in  the State  was "fascinating".  The high                                                               
cost  associated  with such  things  as  project engineering  was                                                               
evident. Pioneer should be proud of its efforts.                                                                                
                                                                                                                                
Mr.  Foley  stated that  copies  of  that presentation  would  be                                                               
provided to the Committee.                                                                                                      
                                                                                                                                
Co-Chair Wilken referred  back to the "PPT  Tax Rate" information                                                               
depicted on page 8 of  Mr. Foley's presentation. That information                                                               
helped him focus on the struggle  he was having in regards to the                                                               
20/20  proposal in  SB  305 and  the 25/20  proposal  with a  two                                                               
percent  progressivity component  triggered  at a  $40 price  per                                                               
barrel as proposed  in CSSB 305. He understood that  SB 305 would                                                               
result in  a government take  equating to 58.2 percent.  CSSB 305                                                               
would result in a government  take equating to approximately 60.6                                                               
percent.  That "240  basis point"  difference  might generate  an                                                               
additional $200  to $400 million  in revenue to the  State. While                                                               
that would  be a significant  amount of  money to the  State, the                                                               
question was how  significant that amount would be  to a producer                                                               
receiving a  six or  seven billion  dollar revenue  stream. There                                                               
was also the question of  whether "the competition for capital is                                                               
so great that a four percent  increase in government take takes a                                                               
project in  Alaska and  moves it down  the list  for investment".                                                               
The testimony to date would  attest that it would. His "struggle"                                                               
was  that he  could not  determine whether  that additional  $400                                                               
million  in  government  take  would   cause  investments  to  go                                                               
elsewhere or not.                                                                                                               
                                                                                                                                
Co-Chair  Wilken stated  that this  "tipping  point" dilemma  was                                                               
presented in the information on the "PPT Tax Rate" page.                                                                        
                                                                                                                                
11:00:27 AM                                                                                                                   
                                                                                                                                
Mr. Foley responded that it  was difficult to pinpoint a response                                                               
to Co-Chair  Wilken's question.  The industry  would "like  to be                                                               
100 percent  aligned" in regards  to the  issue of the  tax rate;                                                               
however, "the  reality is  that the impact  of the  increased tax                                                               
rate is  far more  punishing on  those that  are here,  that have                                                               
made their  investments, that  have a  huge amount  of production                                                               
than they would be on a new investor".                                                                                          
                                                                                                                                
Mr. Foley  clarified therefore that  his response was  limited to                                                               
Pioneer's  perspective of  whether the  240 basis  point increase                                                               
would  materially  affect  a company's  investment  decision.  In                                                               
addition,  this issue  was  compounded by  that  fact that  every                                                               
project  was  unique.  The  increased   tax  might  prevent  some                                                               
projects from going forward. The  question for the State would be                                                               
"how many of those projects do you want to have fall off".                                                                      
                                                                                                                                
Mr.  Foley stated  that when  studying  Dr. van  Meurs and  other                                                               
analysts'  research  on  government  take,  he  noted  that  they                                                               
utilized  "general   industry  wide   matrix's  where   they  say                                                               
development costs on  average are 30 to 35 percent",  as no other                                                               
option was  available. However,  this was  immaterial to  a small                                                               
company  like   Pioneer.  The  projects   it  invested   in  were                                                               
relatively small in size, costs  were higher than larger players,                                                               
and thus the  profit percent for the company was  less. The point                                                               
was that the global industry  take standard would be difficult to                                                               
apply to any  one company. Each project must "stand  on its own".                                                               
Dr.  van  Meurs  often  referred to  a  portfolio  consisting  of                                                               
500,000  barrel fields,  a dozen  50 million  barrel fields,  and                                                               
three  150 million  barrel fields,  all  ranked at  a 25  percent                                                               
factor with  certain costs applied;  his conclusion was  that "at                                                               
higher prices,  an investor would enjoy  a 30 or 40  percent rate                                                               
of return". Pioneer  would be thrilled to have  an opportunity to                                                               
invest  in a  500  million barrel  opportunity with  a  30 or  40                                                               
percent rate  of return. Unfortunately  Pioneer had  nothing like                                                               
that in its portfolio.                                                                                                          
                                                                                                                                
11:04:06 AM                                                                                                                   
                                                                                                                                
Mr.  Foley referenced  Co-Chair Wilken's  question to  Mr. Hanley                                                               
about  the   prospectivity  of  NPR-A.  Pioneer   was  Anadarko's                                                               
exploration  partner   in  NPR-A.  Last   winter  ConocoPhillips,                                                               
Anadarko, and Pioneer drilled two  exploration wells there. While                                                               
no drilling  occurred there  this year,  drilling might  occur in                                                               
2007. He could "assure" the  Committee that were NPR-A to contain                                                               
a field  the size  of Prudhoe Bay,  rigorous drilling  would have                                                               
been occurring.                                                                                                                 
                                                                                                                                
Co-Chair   Green  thanked   Pioneer   and   Anadarko  for   their                                                               
presentations.  The Committee  would  recess until  approximately                                                               
12:30  PM  in  order  to  hear  testimony  from  Jim  Weeks  with                                                               
UltraStar Exploration LLC.                                                                                                      
                                                                                                                                
RECESS 11:05:46 AM / 12:29:16 PM                                                                                            
                                                                                                                                
JAMES  D  WEEKS,  Managing  Member,  UltraStar  Exploration  LLC,                                                               
testified via  teleconference from an offnet  location. He shared                                                               
that UltraStar, which  was the smallest of  the small independent                                                               
explorers" in the State, was  "in general support" of the remarks                                                               
made by  other industry members.  He read his testimony  [copy on                                                               
file] as follows.                                                                                                               
                                                                                                                                
     …UltraStar Exploration  LLC, a very small  all Alaskan owned                                                               
     independent explorer,  with strategically located  leases on                                                               
     the  North Slope.  The Company  was formed  in 2002  by John                                                               
     Winther, Dale Lindsey  and me, for the  purpose of exploring                                                               
     and developing leases on the  North Slope. UltraStar is 100%                                                               
     owned  by  Alaskans. I  am  Managing  Member, and  moved  to                                                               
     Anchorage in  1984 with ARCO,  and have had a  presence here                                                               
     ever  since. Dale,  whom  most  of you  know,  was born  and                                                               
     raised and  still lives  in Seward. John,  whom most  of you                                                               
     also know,  was born in  Fairbanks and raised in  Juneau. He                                                               
     currently lives in Petersburg. Thanks  for the invitation to                                                               
     testify on what I believe to be a very bad bill.                                                                           
                                                                                                                                
     During the  last several  weeks, I've listened  to a  lot of                                                               
     testimony on  the Governor's original proposal,  not only in                                                               
     this committee, but  in the other committees  in both houses                                                               
     of the legislature. I have  witnessed an already complicated                                                               
     PPT proposal  become so complicated  that I  sincerely doubt                                                               
     it can ever  be fully and fairly administered,  and the cost                                                               
     of  such administration,  for both  the State  and industry,                                                               
     will be  huge. It will  be even more overwhelming  for small                                                               
     start-up guys  like us, who  don't have tax  accountants and                                                               
     tax  attorney  on staff,  and  will  need to  acquire  these                                                               
     services  at market  prices  outside  of our  organizations.                                                               
     This bill  is so bad that  if it were the  only alternative,                                                               
     we'd be better off with what's  now on the books. But that's                                                               
     not   the   only   alternative.    The   proposal   by   the                                                               
     Administration was  complicated, but  one we  supported, and                                                               
     still  could,   but  we  can's   support  this   one.  Gross                                                               
     simplification is  needed. Some taxes  are to be  applied to                                                               
     net profits, others to gross  revenues. Sometimes ANS prices                                                               
     at the  North Slope are to  be used. Others times,  ANS West                                                               
     Coast  prices  are to  be  used.  This creates  un-necessary                                                               
     complexity  and opens  the  door to  years  of disputes  and                                                               
     lawsuits. The Charter for Development  may be a good example                                                               
     of how simple things can be made.                                                                                          
                                                                                                                                
     I  will now  offer  a  few specific  comments  on the  bill.                                                               
     You've heard lots of testimony  supporting the 20-20 tax and                                                               
     exploration/development incentive  split, and  the arguments                                                               
     in  favor of  these  provisions have  been articulated  very                                                               
     thoroughly and clearly, and I  certainly cannot embellish on                                                               
     them, so I won't even  try. I'll just add UltraStar's strong                                                               
     support  for the  positions of  the  existing producers  and                                                               
     independents and explorers on these issues.                                                                                
                                                                                                                                
     Of  more  concern  to  me  is  the  so  called  need  for  a                                                               
     progressive  feature,   where  the  State  takes   a  higher                                                               
     percentage at higher oil prices.  Wildcatters gamble for the                                                               
     upside. Upside reserves and upside  prices. Taking away that                                                               
     upside will  cause exploration investment to  decrease. This                                                               
     smells to me  like the federal windfall profits  tax that so                                                               
     successfully  drove industry  from our  shores in  the early                                                               
     1980s.                                                                                                                     
                                                                                                                                
     There needs to  be a mechanism for the State  to buy back or                                                               
     otherwise allow use of any  un-used exploration credits. The                                                               
     market for these  credits is very limited, and  I expect any                                                               
     that we may  have would be sold at  a considerable discount.                                                               
     It would  help if the State  provide an option to  buy them,                                                               
     or allow  holders of the credits  to use them for  other oil                                                               
     and  gas related  expenditures,  such as  bonus bids,  lease                                                               
     payments, permitting and filing fees.                                                                                      
                                                                                                                                
     The bill grants  5000 barrel per day  exemption to companies                                                               
     with  less than  55,000  barrels/day production.  This is  a                                                               
     provision  with which  we can  agree, but  I don't  think it                                                               
     goes  far  enough. If  the  Committee  wants every  company,                                                               
     large and small,  current producer, or wannabes  like us, to                                                               
     be  looking for  new  oil,  then the  5000  barrels per  day                                                               
     should apply to  all new oil, regardless of the  size of the                                                               
     company that drilled it. I suggest the following:                                                                          
                                                                                                                                
     When  the PPT  becomes effective,  establish a  "ring fence"                                                               
     around  existing, producing  units.  If peripheral  drilling                                                               
     outside  that ring  fence  confirms commercial  hydrocarbons                                                               
     and  justifies unit  expansions, the  production from  those                                                               
     expanded  areas should  be eligible  for the  tax exemptions                                                               
     and  exploration  and  development   credits  in  the  bill,                                                               
     regardless of  the size  of the  company that  drilled them.                                                               
     Deeper and shallower  accumulations, drilled within existing                                                               
     units after the  effective date of the bill,  should also be                                                               
     eligible. If the big, current  producing unit owners were to                                                               
     receive the  5000 barrel per  day allowance  for exploration                                                               
     credits on  new pools within  an existing or  expanded unit,                                                               
     it would  provide a  more meaningful  incentive for  all the                                                               
     industry.                                                                                                                  
                                                                                                                                
     I question the need for a  7 year time limit after which the                                                               
     tax exemption  will expire. UltraStar  is a  small, start-up                                                               
     company that is poking around  the fringes of existing units                                                               
     and  known reservoirs.  Our leases  are too  small to  stand                                                               
     alone,  so access  to existing  facilities, owned  mostly by                                                               
     the  major  producers,  is  the  only  way  we  can  develop                                                               
     anything  we  might  find.  It   took  our  sister  company,                                                               
     Winstar, 6 years to negotiate  access with the KRU to enable                                                               
     the drilling of  the well they completed  in 2003. UltraStar                                                               
     has been  in negotiations wit the  PBU for over 3  1/2 years                                                               
     now to  get seismic data  and facility access to  enable the                                                               
     drilling of our  Dewline Prospect. It takes a  long time for                                                               
     these  things   to  get  done,   and  I  question   why  our                                                               
     investments should be  put at risk with  this relative short                                                               
     sunset provision,  whereas the  major producers demand  a 30                                                               
     year period of assured fiscal certainty.                                                                                   
                                                                                                                                
     Thanks for the opportunity to comment.                                                                                     
                                                                                                                                
12:36:53 PM                                                                                                                   
                                                                                                                                
Co-Chair Green thanked Mr. Weeks  for his testimony; particularly                                                               
that he  identified his particular  areas of concern  and offered                                                               
suggestions to improve the bill.                                                                                                
                                                                                                                                
12:37:22 PM                                                                                                                   
                                                                                                                                
Co-Chair Wilken  asked Mr. Weeks  to provide  further information                                                               
as to why it  might take six years for a  developer to get access                                                               
to a  facility through which his  oil could be transported  of an                                                               
area like  the Kuparuk River Unit  (KRU) or the Prudhoe  Bay Unit                                                               
(PBU).                                                                                                                          
                                                                                                                                
12:37:51 PM                                                                                                                   
                                                                                                                                
Mr. Weeks  responded that in  the case  of KRU, the  access issue                                                               
was of  less priority to  facility owners who  were concentrating                                                               
on such things as company mergers.  The fact that UltraStar was a                                                               
small  producer  was  another reason  for  the  delay.  "Facility                                                               
owners will  always make more  money working on their  stuff than                                                               
working on our stuff." It was  a matter of priorities rather than                                                               
being   an   issue  of   "disingenuous   effort   or  bad   faith                                                               
negotiations". Another  issue in KRU  was that "a  precedent" was                                                               
being set  because UltraStar was  "the first  non-facility owner"                                                               
to negotiate access there. Therefore,  extra caution was exerted.                                                               
While  the "attitudes  are  good,  it's just  the  nature of  the                                                               
beast".                                                                                                                         
                                                                                                                                
Mr. Weeks  also noted that  the concern  about the capacity  of a                                                               
processing facility  to handle production  other than  their own,                                                               
as previously stated  by Mark Hanley, was primarily  related to a                                                               
facility's ability  to process gas  and water. Another  issue was                                                               
how to "compensate  a facility's owner" were they  to defer their                                                               
own  production  to  allow  a   new  player's  production  to  be                                                               
serviced.  "It makes  perfectly  good  sense to  let  us come  in                                                               
'cause we have  lower water cuts than they do,  we have lower gas                                                               
production, so you  can get ten or  20 new …. oil  barrels in for                                                               
every  barrel that  gets deferred."  He concluded,  however, that                                                               
this  was an  issue at  every  production facility  on the  North                                                               
Slope.                                                                                                                          
                                                                                                                                
There being no further questions, Co-Chair Green thanked Mr.                                                                    
Weeks for his testimony.                                                                                                        
                                                                                                                                
Co-Chair Green reminded Members about the list of questions and                                                                 
issues being collected for further discussion.                                                                                  
                                                                                                                                
Co-Chair Green ordered the bill HELD in Committee.                                                                              
                                                                                                                                

Document Name Date/Time Subjects